# Montgomery County Code

# Part I. The Charter.

# Montgomery County Code — Part I. The Charter.

## Charter of Montgomery County, Maryland

### Article 1. Legislative Branch.

**Sec. 101. County Council.**

  All legislative powers which may be exercised by Montgomery County under the Constitution and laws of Maryland, including all law making powers heretofore exercised by the General Assembly of Maryland but transferred to the people of the County by virtue of the adoption of this Charter, and the legislative powers vested in the County Commissioners as a District Council for the Montgomery County Suburban District, shall be vested in the County Council. The legislative power shall also include, but shall not be limited to, the power to enact public local laws for the County and repeal or amend local laws for the County heretofore enacted by the General Assembly upon the matters covered by Article 25A, Annotated Code of Maryland, 1957, as now in force or hereafter amended, and the power to legislate for the peace, good government, health, safety or welfare of the County. Nothing herein contained shall be construed to authorize or empower the County Council to enact laws or regulations for any incorporated town, village or municipality in said County on any matter covered by the powers granted to said town, village or municipality by the act incorporating it or any subsequent act or acts amendatory thereto.

**Sec. 102. Composition and Election.**

  The Council shall be composed of eleven members, each of whom shall be a qualified voter of Montgomery County. Four Councilmembers shall be nominated and elected by the qualified voters of the entire County. Each of the seven other members of the Council shall, at the time of Nomination and election and throughout the member’s term of office, reside in a different Council district, and shall be nominated and elected by the qualified voters of that district. Any change in the boundaries of a Council district after a member is elected shall not render the member ineligible to complete the term for which the member was elected. No member of the Council shall hold any other office of profit in state, county or municipal government. No member of the Council shall be eligible for appointment during the member’s term of office to any other office or position carrying compensation created by or under this Charter, except to County Executive in the event of a vacancy. (Election of 11-2-82; election of 11-4-86; election of 11-3-98; election of 11-4-14; election of 11-3-20.)

**Sec. 103. Council Districts.**

  Montgomery County shall be divided into seven Council districts for the purpose of nominating and electing seven members of the Council. Each district shall be compact in form and be composed of adjoining territory. Populations of the Council districts shall be substantially equal. (Election of 11-3-98; election of 11-3-20.)

**Sec. 104. Redistricting Procedure.**

  The boundaries of Council districts shall be reviewed in 1972 and every tenth year thereafter. Whenever district boundaries are to be reviewed, the Council shall appoint, not later than February 1 of the year before the year in which redistricting is to take effect, a commission on redistricting.  The Commission shall be composed of eleven registered voters who reside in the County. The Commission shall include at least one but no more than four members of each political party which polled at least fifteen percent of the total vote cast for all candidates for the Council in the last preceding regular election. At least one member of the Commission shall reside in each Council district. The Commission shall, at its first meeting, select one of its members to serve as its chair. No person who holds any elected office shall be eligible for appointment to the Commission.

  By November 15 of the year before the year in which redistricting is to take effect, the Commission shall present a plan of Council districts, together with a report explaining it, to the Council. Within thirty days after receiving the plan of the Commission, the Council shall hold a public hearing on the plan. If within ninety days after presentation of the Commission’s plan no other law reestablishing the boundaries of the Council districts has been enacted, then the plan, as submitted, shall become law. After any redistricting plan or any other law amending the boundaries of Council districts becomes law, the boundaries of the Council districts so established shall apply to the next regular election for Councilmembers and to any special election held or appointment made to fill a vacancy on the Council that occurs after those boundaries are established. (Election of 11-2-82; election of 11-3-98; election of 11-4-14; election of 11-6-18.)

**Sec. 105. Term of Office.**

  Members of the Council shall hold office for a term beginning at noon on the first Monday of December next following the regular election for the Council and ending at noon on the first Monday of December in the fourth year thereafter. In no case shall a Councilmember be permitted to serve more than three consecutive terms. Any member of Council who will have served three or more consecutive terms at noon on the first Monday of December 2018 shall be prohibited from commencing to serve a successive term of office at that time. For purposes of this Section, service of a term includes complete service of a full term and partial service of a full term. Partial service of a full term means service by a Councilmember of more than two years of a term. (Election of 11-8-16.)

**Sec. 106. Vacancies.**

  A vacancy shall occur when any member of the Council shall, before the expiration of the term for which the member was elected, die, resign the office, become disqualified for membership on the Council, or be removed from office. Unless the Council has provided by law for filling a vacancy by special election, the following process for filling a vacancy shall apply. When a vacancy has occurred, a majority of the remaining members of the Council shall appoint a person to fill the vacancy within thirty days. An appointee to fill a vacancy, when succeeding a party member, shall be a member of the same political party as the person elected to such office at the time of election. If the Council has not acted within thirty days, the County Executive shall appoint a person to fill the vacancy within ten days thereafter. If a person having held the vacant position was a member of a political party at the time of election, the person appointed by the County Executive shall be the nominee of the County Central Committee of that party. An appointee shall serve for the unexpired term of the previous member. If the previous member was elected by the voters of a Council district, any person appointed to fill that vacancy shall reside in the district represented by the previous member as it exists when the vacancy occurs. (Election of 11-2-82; election of 11-8-88; election of 11-3-98; election of 11-4-14.)

**Sec. 107. Compensation.**

  The Council shall prescribe by law the compensation for its members. Membership on the Council shall be considered a full-time position for the purpose of determining compensation.  No change in the compensation of members of the Council shall become effective during the term of office of the Council enacting the change. (Election of 11-7-06.)

**Sec. 108. Officers of the Council.**

  The Council shall elect, from among its members, a president of the Council, who shall preside over meetings of the Council. The Council may provide for the selection of such other officers or employees as it may deem desirable for the exercise of its powers. The Council may employ or retain special legal counsel to assist it in the exercise of its powers, and may provide by law for special legal counsel to assist, advise, or represent any office of the legislative branch in the exercise of its duties.  Any special legal counsel employed or retained under this section shall be subject to appropriation and is not subject to Section 213. (Election of 11-6-84; election of 11-5-02.)

**Sec. 109. Sessions.**

  The first and third Tuesdays of each month, and such additional days as the Council may determine, are designated as days for the enactment of legislation, but the Council shall not sit for more than forty-five days in each year for the purpose of enacting legislation. When a first or third Tuesday is an official holiday, the next succeeding Tuesday business day shall be a day for the enactment of legislation. The Council may sit in nonlegislative sessions at such other times as it may determine. In nonlegislative sessions, the Council may adopt rules and regulations which implement or provide for the administration or execution of legislation under procedures and provisions for notice and hearing prescribed by law.  The Council shall not take or discuss any action except in public session or in a closed session expressly allowed by the Council rules of procedure.  The Council rules of procedure shall permit the same or greater public access to Council sessions as the state Open Meetings Act or any successor state law.  The Council shall not make or confirm any appointment in a closed session. (Election of 11-4-80; election of 11-2-82; election of 11-5-02.)

**Sec. 110. Exercise of Zoning, Planning and Other Powers.**

  In the exercise of powers authorized by any act of the General Assembly or the Constitution of Maryland, other than the law making power vested in it by Article XI-A of the Constitution and the grant of express powers in Article 25A, Annotated Code of Maryland, 1957, the Council shall follow the procedure set forth in such law or section of the Constitution and the exercise thereof shall be effected in the manner prescribed therein. The powers relating to zoning, planning or subdividing shall be exercised as prescribed by law. (Election of 11-4-86; election of 11-8-88.)

**Sec. 111. Enactment of Legislation.**

  The Council shall enact legislation only after public hearing upon reasonable notice. No legislation shall be enacted by the Council unless it receives the affirmative vote of six members of the Council. Legislation containing a section declaring that it is necessary for the immediate protection of the  public health, safety, or interest, and enacted by the affirmative vote of at least seven members of the Council, shall be expedited legislation.  Expedited legislation, as defined in this section, is the emergency legislation referred to in Article XI-A, Section 3, of the Constitution of Maryland.  Any vote cast by a member on any legislation shall be recorded in the journal of the Council. (Election of 11-4-86; election of 11-5-02; election of 11-3-20.)

**Sec. 112. Effective Date of Legislation.**

  All legislation, except expedited legislation, shall take effect ninety-one days after the date when it becomes law, unless a later effective date is prescribed in the legislation. Expedited legislation shall take effect on the date when it becomes law, unless a different effective date is prescribed in the legislation. (Election of 11-2-82; election of 11-5-02.)

**Sec. 113. Publication of Legislation.**

  All legislation shall be published as required by the Constitution and laws of Maryland. In addition, a summary of any legislation, except expedited legislation, enacted by the Council shall be published before the date when it takes effect, in such manner as the Council shall prescribe by law.  A summary of expedited legislation shall be published promptly after enactment. (Election of 11-5-02.)

**Sec. 114. Referendum.**

  Any legislation enacted by the Council shall be submitted to a referendum of the voters upon petition of five percent of the registered voters of the County except legislation (1) appropriating money or imposing taxes, (2) prescribing Council districts, (3) authorizing the issuance of bonds or other financial obligations for a term of less than twelve months, and (4) authorizing obligations for public school sites, construction, remodeling, or public school buildings, whenever the total amount of such obligations authorized to be issued in any one year does not exceed one-fourth of one percent of the assessable base of the County. (Election of 11-7-78; election of 11-6-90; election of 11-4-14.)

**Sec. 115. Referendum Procedure.**

  Any petition to refer legislation to the voters of the County shall be filed with the Board of Elections within ninety days after the date when the legislation becomes law, provided that fifty percent of the required signatures accompanying the petition are filed within seventy-five days after the date when the legislation becomes law. When a referendum petition that contains the required signatures has been filed, the legislation to be referred shall not take effect until thirty days after its approval by a majority of the registered voters voting thereon. Expedited legislation shall remain in effect from the date it becomes law notwithstanding the filing of a petition for referendum, but shall be repealed thirty days after its rejection by a majority of the registered voters voting thereon. (Election of 11-7-78; election of 11-5-02.)

**Sec. 116. Legislative Procedure.**

  Consistent with law and the provisions of this Charter, the Council shall, by resolution, prescribe its rules of procedure and provide for the publication of its proceedings.

**Sec. 117. Limitations.**

  Neither the Council, nor any member thereof, shall appoint, dismiss, or give directions to any individual employee of the Executive Branch of the County Government.

**Sec. 118. Removal of Councilmembers.**

  A member of the County Council may be removed from office by the affirmative vote of not less than seven members of the Council after a public hearing and upon a finding that the Councilmember is unable by reason of physical or mental disability to perform the duties of the office. The decision of the Council may be appealed by the removed Councilmember within ten days to the Circuit Court by petition. Upon the filing of a petition, the Court may stay the removal pending its decision. Upon appeal, the Court may make de novo determinations of fact. A member of the County Council also may be suspended and removed from office in the manner provided in Section 2 of Article XV of the Constitution of Maryland. (Election of 11-2-82; election of 11-4-86; election of 11-3-20.)

### Article 2. Executive Branch.

**Sec. 201. Executive Power.**

  The executive power vested in Montgomery County by the Constitution and laws of Maryland and by this Charter shall be vested in a County Executive who shall be the chief executive officer of Montgomery County and who shall faithfully execute the laws. In such capacity, the County Executive shall be the elected executive officer mentioned in Article XI-A, Section 3, of the Constitution of Maryland. The County Executive shall have no legislative power except the power to make rules and regulations expressly delegated by a law enacted by the Council or by this Charter. (Election of 11-2-82.)

**Sec. 202. Election and Term of Office.**

  The County Executive shall be elected by the qualified voters of the entire County at the same time as the Council and shall serve for a term of office commencing at noon on the first Monday of December next following the election, and ending at noon on the first Monday of December in the fourth year thereafter, or until a successor shall have qualified. In no case shall a County Executive be permitted to serve more than two consecutive terms. Any County Executive who will have served two or more consecutive terms at noon on the first Monday of December 2026 shall be prohibited from commencing to serve a successive term of office at that time. For purposes of this Section, service of a term includes complete service of a full term and partial service of a full term. Partial service of a full term means service by a County Executive of more than two years of a term. (Election of 11-2-82; election of 11-8-16; election of 11-5-24.)

**Sec. 203. Qualifications.**

  The County Executive shall have been a resident of Montgomery County for the year preceding the election or appointment, shall be not less than thirty years of age, shall be a qualified voter of Montgomery County and shall not hold any other office of profit in federal, state, county or municipal government. The County Executive shall not, during the term of office, be eligible for appointment to any other County office or position carrying compensation. The County Executive shall devote full time to the duties of the office and shall not participate in any private occupation for compensation. (Election of 11-2-82.)

**Sec. 204. Compensation.**

  The compensation of the County Executive shall be prescribed by the Council by law. The council shall not change the compensation of any County Executive during the term of office to which elected. (Election of 11-2-82.)

**Sec. 205. Vacancy.**

  A vacancy in the office of the County Executive shall exist upon the death, resignation, disqualification, or removal of the County Executive. Unless the Council has provided by law for filling a vacancy by special election, the following process for filling a vacancy shall apply. When a vacancy has occurred, the Council, by a vote of not less than six members, shall appoint a successor to fill the vacancy within forty-five days of the vacancy. An appointee to fill a vacancy, when succeeding a party member, shall be a member of the same political party as the person elected to such office at the time of election. If the Council has not made an appointment within forty-five days, the Council shall appoint within fifteen days thereafter the nominee of the County Central Committee of the political party, if any, of the person elected to such office. The Chief Administrative Officer shall act as County Executive and perform all the duties of that office until such time as the vacancy has been filled. (Election of 11-2-82; election of 11-4-86; election of 11-8-16; election of 11-3-20.)

**Sec. 206. Removal of the County Executive.**

  The County Executive may be removed from office by the affirmative vote of not less than seven members of the Council after a public hearing and upon a finding that the County Executive is unable by reason of physical or mental disability to perform the duties of the office. The decision of the Council may be appealed by the County Executive within ten days to the Circuit Court by petition. Upon the filing of a petition, the Court may stay the removal pending its decision. Upon appeal, the Court may make de novo determinations of fact. The County Executive also may be suspended and removed from office in the manner provided in Section 2 of Article XV of the Constitution of Maryland. (Election of 11-2-82; election of 11-4-86; election of 11-3-20.)

**Sec. 207. Temporary Absence or Disability.**

  In the event of the temporary absence or disability of the County Executive, the Chief Administrative Officer shall perform the duties of the County Executive, unless the County Executive shall designate in writing some other person in the Executive Branch.

**Sec. 208. Veto.**

  Upon the enactment of any legislation by the Council, the Council President shall within three days deliver it to the County Executive, who within ten days after receiving it shall approve or disapprove it. If the Executive disapproves such legislation, the Executive shall return it to the Council within ten days after receiving it, with the reasons for the Executive’s disapproval stated in writing. Not later than 60 days after receiving the Executive’s message of disapproval, the Council may, by the affirmative vote of seven members, enact legislation over the disapproval of the Executive. Any legislation which the Executive has neither approved nor disapproved shall become law on the eleventh day after the Executive receives it.  The Council may by law further specify how any period of time mentioned in this section is measured. (Election of 11-2-82; election of 11-4-86; election of 11-6-90; election of 11-7-06; election of 11-3-20.)

**Sec. 209. Information on Executive Branch.**

  The County Executive shall provide the Council with any information concerning the Executive Branch that the Council may require for the exercise of its powers.

**Sec. 210. Chief Administrative Officer.**

  The County Executive shall appoint a Chief Administrative Officer subject to confirmation by the Council. The Chief Administrative Officer shall be a professionally qualified administrator who shall serve at the pleasure of the County Executive, with compensation determined by the County Executive subject to the approval of the Council. (Election of 11-2-82.)

**Sec. 211. Duties of the Chief Administrative Officer.**

  The Chief Administrative Officer shall, subject to the direction of the County Executive, supervise all departments, offices, and agencies of the Executive Branch, advise the County Executive on all administrative matters and perform such other duties as may be assigned by the County Executive, or by this Charter. (Election of 11-2-82.)

**Sec. 212. Principal Departments.**

  In the Executive Branch there shall be an Office of the County Attorney, a Department of Finance and any departments, agencies, offices, or other bodies prescribed by this Charter, or by the Council by law.

**Sec. 213. County Attorney.**

  The County Executive shall appoint a County Attorney, subject to confirmation by the Council.  The County Attorney shall be the chief legal officer of the County, conduct all the law business of the County, be a legal advisor to the Council, and be the legal advisor to the County Executive, all departments, and other instrumentalities of the County Government.  The County Attorney shall represent the County in all actions in which the County is a party.  The County Attorney and the staff of the office shall engage in no other law practice.  The County Attorney may, with the approval of the Council, temporarily employ special legal counsel to work on problems of an extraordinary nature when the work to be done is of such character or magnitude as to require services in addition to those regularly provided by the County Attorney.

  The County Attorney shall serve at the pleasure of the County Executive and the Council.  If the County Executive removes the County Attorney, the Council must approve or disapprove the removal by an affirmative vote of six Councilmembers within 30 days of receiving notice of the removal.  The County Executive must provide notice of the removal to the County Council within 3 days.  If the Council does not act within 30 days, the County Attorney must not be removed.  The County Attorney may also be removed by an affirmative vote of seven Councilmembers, with the consent of the County Executive.  The County Council must provide notice of the removal to the County Executive within 3 days.  The County Executive must approve or disapprove the removal within 15 days of receiving notice of the removal.  If the County Executive does not act within 15 days, the County Attorney must not be removed.  During the period of time before removal is confirmed, the County Attorney must be put on paid leave.  (Election of 11-2-82; election of 11-6-84; election of 11-8-22.)

**Sec. 214. Department of Finance.**

  The Department of Finance shall be the custodian of all County funds, securities and insurance policies; collect taxes, special assessments, license fees and other revenue; manage indebtedness, invest and disburse County funds; prepare an Annual Financial Report containing a detailed account of all monies received and paid out by the County and perform such other functions as shall be prescribed by law. (Election of 11-8-88.)

**Sec. 215. Appointments.**

  The County Executive, after receiving the advice of the Chief Administrative Officer, shall appoint a single officer to head each department, principal office or agency of the Executive Branch, and an officer to fill any position in the Executive Branch designated by law as a non-merit position, all subject to the confirmation of the Council. Except for commissions appointed to advise the Council, the County Executive shall appoint, subject to the confirmation of the Council, all members of boards and commissions unless otherwise prescribed by state law or this Charter. (Election of 11-8-94.)

**Sec. 216. Appointment of Other Employees of the Executive Branch.**

  All employees of the Executive Branch other than those specifically provided for in this Charter shall be appointed and removed and their salaries shall be fixed under the merit system by the heads of the several departments, offices and agencies of the County.

**Sec. 217. Reorganization of the Executive Branch.**

  The Council may prescribe by law the organization of the Executive Branch of County government. The County Executive may submit to the Council in writing, reorganization plans reallocating powers, functions or responsibilities of the various departments and agencies of the Executive Branch. A reorganization plan shall become law ninety days following its presentation to the Council, if by that time it has not been disapproved by a vote of six members of the Council. (Election of 11-4-86; election of 11-3-20.)

**Sec. 218. Internal Audit.**

  The County Executive shall cause internal audits of all departments, offices and agencies of the Executive Branch, and other internal audits as prescribed by law, to be performed. (Election of 11-8-88.)

### Article 3. Finance.

**Sec. 301. Fiscal Year.**

  The fiscal year of the County shall commence on July 1 of each year and end on June 30 in the following year, unless otherwise prescribed by state law.

**Sec. 302. Six-Year Programs for Public Services, Capital Improvements, and Fiscal Policy.**

  The County Executive shall submit to the Council, not later than January 15 of each even- numbered year, a comprehensive six-year program for capital improvements. The County Executive shall submit to the Council, not later than March 15 of each year, comprehensive six-year programs for public services and fiscal policy. The six-year programs shall require a vote of at least six Councilmembers for approval or modification. Final Council approval of the six-year programs shall occur at or about the date of budget approval.

  The public services program shall include a statement of program objectives and recommend levels of public service by the County government, and shall provide an estimate of costs, a statement of revenue sources, and an estimate of the impact of the program on County revenues and the capital budget.

  The capital improvements program shall include a statement of the objectives of capital programs and the relationship of capital programs to the County’s long-range development plans; shall recommend capital projects and a construction schedule; and shall provide an estimate of costs, a statement of anticipated revenue sources, and an estimate of the impact of the program on County revenues and the operating budget. The capital improvements program shall, to the extent authorized by law, include all capital projects and programs of all agencies for which the County sets tax rates or approves budgets or programs. The Council may amend an approved capital improvements program at any time by an affirmative vote of six Councilmembers.

  The fiscal program shall show projections of revenues and expenditures for all functions, recommend revenue and expenditure policies for the program period and analyze the impact of tax and expenditure patterns on public programs and the economy of the County.

  The County Executive shall provide such other information relating to these programs as may be prescribed by law.

  All capital improvement projects which are estimated to cost in excess of an amount to be established by law or which the County Council determines to possess unusual characteristics or to be of sufficient public importance shall be individually authorized by law; provided however, that any project declared by the County Council to be of an emergency nature necessary for the protection of the public health or safety shall not be subject to this requirement if the project is approved by the affirmative vote of seven Councilmembers. Any project mandated by law, statutory or otherwise, interstate compact, or any project required by law to serve two or more jurisdictions shall, likewise, not be subject to this requirement. The County Council shall prescribe by law the methods and procedures for implementation of this provision. (Election of 11-7-78; election of 11-4-86; election of 11-3-92; election of 11-5-96; election of 11-3-20.)

**Sec. 303. Capital and Operating Budgets.**

  The County Executive shall submit to the Council, not later than January 15 and March 15, respectively of each year, proposed capital and operating budgets including recommended expenditures and revenue sources for the ensuing fiscal year and any other information in such form and detail as the County Executive shall determine and as may be prescribed by law. These budgets shall be consistent with the six-year programs. A summary shall be submitted with the budgets containing an analysis of the fiscal implications for the County of all available budgets of any agencies for which the Council sets tax rates, makes levies, approves programs or budgets. (Election of 11-6-84; election of 11-3-92.)

**Sec. 304. Budget Hearing.**

  The Council shall hold public hearings on the proposed budget and the six-year programs required by this Charter, commencing not earlier than twenty-one days following their receipt.

**Sec. 305. Approval of the Budget; Tax Levies.**

  The Council may add to, delete from, increase or decrease any appropriation item in the operating or capital budget. The Council shall approve each budget, as amended, and appropriate the funds therefor not later than June 1 of the year in which it is submitted.

  An aggregate operating budget which exceeds the aggregate operating budget for the preceding fiscal year by a percentage increase greater than the annual average increase of the Consumer Price Index for all urban consumers for the Washington-Baltimore metropolitan area, or any successor index, for the twelve months preceding December first of each year requires the affirmative vote of seven Councilmembers. For the purposes of this section, the aggregate operating budget does not include: (1) the operating budget for any enterprise fund; (2) the operating budget for the Washington Suburban Sanitary Commission; (3) expenditures equal to tuition and tuition-related charges estimated to be received by Montgomery College; and (4) any grant which can only be spent for a specific purpose and

which cannot be spent until receipt of the entire amount of revenue is assured from a source other than County government.

  The Council shall annually adopt spending affordability guidelines for the capital and operating budgets, including guidelines for the aggregate capital and aggregate operating budgets. The Council shall by law establish the process and criteria for adopting spending affordability guidelines. Any aggregate capital budget or aggregate operating budget that exceeds the guidelines then in effect requires the affirmative vote of eight Councilmembers for approval.

  By June 30 each year, the Council shall make tax levies deemed necessary to finance the budgets. Unless approved by an affirmative vote of all current Councilmembers, the Council shall not levy an ad valorem weighted tax rate on real property to finance the budgets that exceeds the ad valorem weighted tax rate on real property approved for the previous year.  The weighted tax rate is calculated by determining the sum of each property tax rate adjusted by the proportion of assessable base that is charged that tax rate. (Election of 11-7-78; election of 11-6-84; election of 11-6-90; election of 11-3-92; election of 11-8-94; election of 11-3-98; election of 11-4-08; election of 11-6-18; election of 11-3-20; election of 11-3-20.)

**Sec. 306. Item Veto or Reduction.**

  Upon approval of the budget, it shall be delivered within three days to the County Executive who within ten days thereafter may disapprove or reduce any item contained in it. If the County Executive disapproves or reduces any item in the budget, it shall be returned to the Council with the reasons for the disapproval or reduction in writing. The Council may, not later than June 30 of that year, reapprove any item over the disapproval or reduction of the County Executive by the affirmative vote of seven members, except that the affirmative vote of six members shall be required in the case of the budgets of the Council, the Fire and Rescue Commission, the Fire Departments and Rescue Squads, the Housing Opportunities Commission and Montgomery College. (Election of 11-4-80; election of 11-2-82; election of 11-4-86; election of 11-8-88; election of 11-3-92; election of 11-3-20.)

**Sec. 307. Supplemental Appropriations.**

  Any supplemental appropriation shall be recommended by the County Executive, who shall specify the source of funds to finance it.  The Council shall hold a public hearing on each proposed supplemental appropriation after at least one week’s notice.  A supplemental appropriation that would comply with, avail the County of, or put into effect a grant or a federal, state, or county law or regulation, or one that is approved after January 1 of any fiscal year, requires an affirmative vote of six Councilmembers.  A supplemental appropriation for any other purpose that is approved before January 1 of any fiscal year requires an affirmative vote of seven Councilmembers.  The Council may, in a single action, approve more than one supplemental appropriation.  The Executive may disapprove or reduce a supplemental appropriation, and the Council may reapprove the appropriation, as if it were an item in the annual budget. (Election of 11-7-2000; election of 11-3-20.)

**Sec. 308. Special Appropriations.**

  A special appropriation is an appropriation which states that it is necessary to meet an unforeseen disaster or other emergency, or to act without delay in the public interest.  Each special appropriation shall be approved by not less than seven Councilmembers. The Council may approve a special appropriation at any time after public notice by news release. Each special appropriation shall specify the source of funds to finance it. (Election of 11-4-86; election of 11-7-2000; election of 11-3-20.)

**Sec. 309. Transfer of Funds.**

  The County Executive may at any time transfer an unencumbered appropriation balance within a division or between divisions of the same department. Transfers between departments, boards or commissions, or to any new account, shall be made only by the County Council upon the recommendation of the County Executive. The total cumulative transfers from any one appropriation shall not exceed ten percent of the original appropriation. No transfer shall be made between the operating and capital budget appropriation.

**Sec. 310. Surplus.**

  The County may accumulate earned surplus in any enterprise fund or unappropriated surplus in any other fund.  With respect to the General Fund, any unappropriated surplus shall not exceed five percent of the General Fund revenue for the preceding fiscal year.  An unappropriated surplus may be used to fund any supplemental or special appropriations. (Election of 11-7-2000.)

**Sec. 311. Limitations on Expenditures.**

  No expenditure of County funds shall be made or authorized in excess of the available unencumbered appropriations therefor.

**Sec. 312. Indebtedness.**

  The County may incur debt. No indebtedness for a term of more than one year shall be incurred by the County to meet current operating expenses. All County indebtedness for a term in excess of one year shall become due not later than thirty years after the date of issuance. If at any time the Council shall have failed to appropriate and to make available sufficient funds to provide for the timely payment of the interest and principal then due upon all County indebtedness, it shall be the duty of the Director of Finance to pay, or to make available for payment, to the holders of such indebtedness from the first revenues thereafter received applicable to the general funds of the County, a sum equal to such interest and principal. (Election of 11-6-90.)

**Sec. 313. Purchasing.**

  The Council shall prescribe by law a centralized system of purchasing and contracting for all goods and services used by the County. The centralized purchasing system shall be administered under the professional supervision of the Chief Administrative Officer subject to the direction of the County Executive.

**Sec. 314. Competitive Procurement.**

  The Council shall prescribe by law for competitive procurement for purchases by or contracts with the County in excess of an amount or amounts established by law. (Election of 11-4-80; election of 11-6-90.)

**Sec. 315. Audit.**

  The Council shall contract with, or otherwise employ, a certified public accountant to make annually an independent post audit of all financial records and actions of the County, its officials and employees. The complete report of the audit shall be presented to the Council and copies of it shall be made available to the public.

**Sec. 316. Public Access to Fiscal Documents.**

  All fiscal documents required by this Charter shall be public records, and copies shall be made available to the public. Any estimates, reports, or justifications on which they are based shall be open to public inspection subject to reasonable regulations.

### Article 4. Merit System and Conflicts of Interest.

**Sec. 401. Merit System.**

  The Council shall prescribe by law a merit system for all officers and employees of the County government except: (a) members of the Council, the County Executive, the Chief Administrative Officer, the County Attorney; (b) the heads of the departments, principal offices and agencies, as defined by law; (c) any officer holding any other position designated by law as a non-merit position; (d) one or more confidential aides for each member of the Council; (e) two senior professional staff members for the Council as a whole as the Council may designate from time to time; (f) three special assistants to the County Executive as the Executive may designate from time to time; (g) special legal counsel employed pursuant to this Charter; (h) members of boards and commissions; and (i) other officers authorized by law to serve in a quasi-judicial capacity.

  Any law which creates a new department, principal office, or agency, or designates a position as a non-merit position, requires the affirmative vote of seven Councilmembers for enactment. Any law which repeals the designation of a position as a non-merit position requires the affirmative vote of six Councilmembers for enactment.

  Officers and employees subject to a collective bargaining agreement may be excluded from provisions of law governing the merit system only to the extent that the applicability of those provisions is made subject to collective bargaining by legislation enacted under Section 510, Section 510A, or Section 511 of this Charter.

  The merit system shall provide the means to recruit, select, develop, and maintain an effective, non-partisan, and responsive work force with personnel actions based on demonstrated merit and fitness. Salaries and wages of all classified employees in the merit system shall be determined pursuant to a uniform salary plan. The Council shall establish by law a system of retirement pay.

  The Council by law may exempt probationary employees, temporary employees, and term employees from some or all of the provisions of law governing the merit system, but the law shall require these employees to be recruited, selected and promoted on the basis of demonstrated merit and fitness.

  The Council by law may establish within the merit system a program to recruit and select qualified individuals with severe physical or mental disabilities on a noncompetitive basis.  (Election of 11-4-80; election of 11-6-84; election of 11-8-94; election of 11-5-96; election of 11-3-98; election of 11-7-2000; election of 11-6-2012; election of 11-6-18; election of 11-3-20.)

**Sec. 402. Personnel Administration.**

  The County Executive shall be responsible for adopting personnel regulations for the administration and implementation of the merit system law. These regulations shall be adopted in the manner provided for by law. The Chief Administrative Officer, under the direction of the County Executive and subject to merit system laws and regulations, shall be responsible for administering the County's merit system. (Election of 11-4-80.)

**Sec. 403. Merit System Protection Board.**

  There is established a Merit System Protection Board composed of three members who are qualified voters of the County appointed by the Council. One member shall be appointed each year for a term of three years. Any member appointed to fill a vacancy occurring prior to the expiration of a term shall be appointed only for the remainder of that term. Appointment shall be made so that not more than two members of the Board shall be members of the same political party. No member shall hold political office or participate in any campaign for any political or public office during the member's term of office. Members of the Board shall be compensated as prescribed by law. (Election of 11-4-80.)

**Sec. 404. Duties of the Merit System Protection Board.**

  Any employee under the merit system who is removed, demoted, or suspended shall have, as a matter of right, an opportunity for a hearing before the Merit System Protection Board, which may assign the matter to a hearing examiner to conduct a hearing and provide the Board with a report and recommendations. The charges against the employee shall be stated in writing, in such form as the Board shall require. If the Board assigns the matter to a hearing examiner, any party to the proceeding shall have, as a matter of right, an opportunity to present an oral argument on the record before the Board prior to a final decision. The Board shall establish procedures consistent with law for the conduct of its hearings. The decisions of the Board in such appeals shall not be subject to review except by a court of competent jurisdiction. The Council shall provide by law for the investigation and resolution of formal grievances filed under the merit system and any additional duties or responsibilities of the Board. The Board shall conduct on a periodic basis special studies and audits of the administration of the merit and retirement pay systems and file written reports of its findings and recommendations with the Executive and the Council. The Board shall comment on any proposed changes in the merit system law or regulations in a timely manner as provided by law. (Election of 11-4-80.)

**Sec. 405. Political Activity.**

  No officer or employee of the County shall be prohibited from participating in politics or political campaigns; however, the Council may by law restrict political activities by County officers and employees (including members of boards and commissions) who serve in a quasi-judicial capacity.  No County officer or employee shall be obligated to contribute to a political campaign or to render political service. (Election of 11-2-82; election of 11-3-98.)

**Sec. 406. Prohibition Against Private Use of Public Employees.**

  No member of the Council, the County Executive, or any officer or employee of the County shall detail or cause any officer or employee of the County to do or perform any service or work outside of the officer's or employee's public office or employment. (Election of 11-2-82.)

**Sec. 407. Prohibition Against Additional Compensation.**

  No member of the Council and no officer or employee of the County whose salary is fixed, in whole or in part, by this Charter, the laws of the County, or its personnel regulations, shall be entitled, directly or indirectly, to any other salary, expenses, or compensation from the County for performance of public duties except expenses for travel and subsistence incident to the performance of official duties as prescribed by law. (Election of 11-2-82.)

**Sec. 408. Work During Official Hours.**

  All officers and employees of the Executive or Legislative Branches who receive compensation paid in whole or in part from County funds shall devote their entire time during their official working hours to the performance of their official duties.

**Sec. 409. Corrupt Practices.**

  No person whose salary or expenses are paid in whole or in part from County funds shall invite, accept, offer, give or promise to give any money or any valuable thing in consideration of appointment or employment by the County. Any person violating this Section shall be removed from any public office or employment held and be subject to such other penalties as may be prescribed by law. (Election of 11-2-82.)

**Sec. 410. Code of Ethics.**

**Sec. 411. Reserved.**

### Article 5. General Provisions.

**Sec. 501. Disaster—Continuity of Government During Emergencies.**

  In order to ensure continuity of government during an emergency caused by a disaster or enemy attack, the Council shall prescribe by law for the temporary suspension of specific provisions of this Charter and for temporary succession to the powers and duties of public offices whether filled by election or appointment.

**Sec. 502. Annual Report.**

  The County Executive shall prepare and provide to the Council and the public, within sixty days after the end of each fiscal year, an annual report setting forth the activities and accomplishments of the County government.

**Sec. 503. Annual Compilation of Laws.**

  As soon as practicable each year, the County Attorney shall have published a compilation or a cumulative supplement to the County Code, with index, which shall include all legislation and regulations of a general or permanent nature adopted or approved by the Council or County Executive during the preceding year. (Election of 11-6-90.)

**Sec. 504. County Code.**

  Unless the Council shall provide for more frequent publication by law, each ten years there shall be compiled under the direction of the County Attorney an annotated code of all public local laws, County legislation, and regulations then having the force and effect of law, and this Charter. The Council may, by legislation, legalize this code and shall cause it to be published in an indexed volume. (Char. Res. No. 7-711; election of 11-6-90.)

**Sec. 505. Right to Information.**

  Any person shall have the right to inspect any document held by County government, except confidential police records, personnel records, records of a confidential nature as defined by law, or records that are or may be exempted from disclosure under the state Public Information Act or other applicable state or federal law. The Council may adopt reasonable regulations for such inspection. A certified copy of any such document shall be furnished upon payment of a reasonable fee established by such regulations. This section shall not apply to a document or other material obtained or prepared in anticipation of litigation or for use in legal proceedings to which the County is a party. (Election of 11-5-02.)

**Sec. 506. Separability.**

  If any article, section, or provision of this Charter shall be held unconstitutional, invalid, or inapplicable to any person or circumstance by the final decision of a court of competent jurisdiction, all other articles, sections, or provisions of this Charter and their application to all other persons and circumstances shall be separable and shall not be affected by such decision.

**Sec. 507. Amendment.**

  This Charter may be amended in the manner provided in Section 5 of Article XI-A of the Constitution of Maryland.

**Sec. 508. Effective Date.**

  This amended Charter shall become effective from and after the thirtieth day after its adoption.

**Sec. 509. Charter Review Commission.**

  There shall be a Charter Review Commission appointed by the County Council every four years, within six months after the Council assumes office, for the purpose of studying the Charter. The Commission shall be composed of eleven members who shall be residents of the County, five of whom shall be appointed from a list of names submitted by the County Executive. Not more than six members shall be of the same political party. The chairperson shall be designated by the Council and the vice-chairperson shall be designated by the County Executive. The Commission shall report at least once to the Council on the Commission's activities within one year after appointment of the Commission. Commission reports shall be submitted not later than May 1 of every even-numbered year. The reports shall contain recommendations concerning proposed Charter amendments, if any. (Char. Res. No. 8-935, § 1.)

**Sec. 510. Collective Bargaining.**

  The Montgomery County Council shall provide by law for collective bargaining with binding arbitration with an authorized representative of the Montgomery County police officers. Any law so enacted shall prohibit strikes or work stoppages by police officers. (Election of 11-4-80.)

**Sec. 510A. Collective Bargaining—Fire Fighters.**

  The Montgomery County Council shall provide by law for collective bargaining with binding arbitration with an authorized representative of the Montgomery County career fire fighters. Any law so enacted shall prohibit strikes or work stoppages by career fire fighters. (Election of 11-8-94.)

**Sec. 511. Collective Bargaining—County Employees.**

  The Montgomery County Council may provide by law for collective bargaining, with arbitration or other impasse resolution procedures, with authorized representatives of officers and employees of the County government not covered by either Section 510 or Section 510A of this Charter. Any law so enacted shall prohibit strikes or work stoppages for such officers and employees. (Election of 11-6-84; election of 11-8-94.)

**Sec. 512. Hearing Examiners.**

  Hearing examiners authorized by law to conduct hearings and render written reports and recommendations may preside over matters referred to them at the request of executive branch agencies, the Merit System Protection Board, and the County Board of Appeals under procedures provided by law, in addition to any matters assigned to them by the Council in the exercise of its powers as provided by law. (Election of 11-4-86.)

**Sec. 513. Effect of Certain Amendments.**

  The taking effect of this Charter, or any amendment to this Charter, shall not of itself affect the tenure, term, status, or compensation of any appointed officer or employee of the County then holding office, except as directly provided in this Charter. Any amendment to this Charter that increases or decreases the number of members of the County Council, or alters the provisions for election of the members of the Council, shall initially apply to the members of the Council elected at the next election after the adoption of the Charter amendment. (Election of 11-4-86; election of 11-3-98.)

# Part II. Local Laws, Ordinances, Resolutions, Etc.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Article 01. Notices, Boundaries, and Penalties.

**Sec. 1-1. Reserved.**

**Sec. 1-2. Reserved.**

**Sec. 1-3. Reserved.**

**Sec. 1-4. Reserved.**

**Sec. 1-5. Reserved.**

**Sec. 1-6. Reserved.**

**Sec. 1-7. Reserved.**

**Sec. 1-8. Reserved.**

**Sec. 1-9. Reserved.**

**Sec. 1-10. Reserved.**

**Secs. 1-11, 1-12. Reserved.**

**Sec. 1-13. Notices-Publication in newspapers; authority of council; cost.**

  Any officer of the county required by law to publish any notice, return, report, schedule, sample ballot, list of delinquent taxpayers or any official publication whatsoever shall make such publication in not more than two (2) newspapers regarded as county newspapers of general circulation in the county; provided, however, and notwithstanding the provision of any law to the contrary the county council may in its discretion authorize and direct such publication as set out by this section or any part of such publication in more than two (2) newspapers that are published in the county, or any portion of the county. The payment for such publication hereby authorized may be made from any fund which the council may direct.

**Sec. 1-14. Same-Penalty for violation of preceding section.**

  Any officer or official authorizing the publication of any report, notice, return, schedule, list of delinquent taxpayers or any official publication, in violation of the preceding section, shall be guilty of a misdemeanor, punishable by a fine of not more than one hundred dollars ($100.00) for each violation.

**Sec. 1-15. Prince George's and Montgomery County boundary line generally.**

  Notwithstanding the provisions of any previous law, the boundary line between Prince George's and Montgomery County is defined and established by the following metes, bounds and coordinates:

  Beginning at a point on the District of Columbia Line, where formerly stood a stone established to mark the point common to Montgomery and Prince George's Counties by a survey of the county line in 1868 to 1872, said point having been re-established by this survey from reference notes recorded by the District of Columbia surveyor prior to the removal of the stone during the reconstruction of Eastern Avenue in 1947 and 1948, said point now being marked by a brass screw cemented in a two-inch iron pipe standing two inches above the macadam and at the base of a concrete retaining wall on the northeast side of Eastern Avenue approximately thirty-six (36) feet northwest of the southeast end of said retaining wall, with coordinates of the beginning point of north 413,898.60 and east 797,723.97, and running thence with the county line, as now determined, N 30o06'02" E (north thirty degrees six minutes two seconds east) for 17,351.72 (seventeen thousand three hundred fifty-one and seventy-two one hundredths) feet to a granite stone marked "M.C.P.G. 1872" and with coordinates of N 428,910.38 and E 806,426.19 established by the 1868-72 survey and set flush with the ground on the northeasterly side of Mt. Pisgah Road;

  Thence N 29o59'05" E (north twenty-nine degrees fifty-nine minutes five seconds east) for 38,363.53 (thirty-eight thousand three hundred sixty-three and fifty-three one hundredths) feet to the outline of part of a conveyance from Theodore B. Siehler and Bessie M. Siehler, his wife, and Eugene Dustin and Goldie M. Dustin, his wife, to Martin C. Darnall and Mildred T. Darnall, his wife, by a deed dated the 2nd of May 1950 and recorded among the land records of Prince George's County, Maryland in Liber 1227 at Folio 389;

  Thence N 40 degrees 29'11" W (north forty degrees twenty-nine minutes eleven seconds west) for 271.84 (two hundred seventy-one and eighty-four one hundredths) feet to an iron pipe (pin) previously set;

  Thence N 48 degrees 00'29" E (north forty-eight degrees zero minutes twenty-nine seconds east) for 383.09 (three hundred eighty-three and nine one hundredths) feet to an iron pipe (pin) previously set;

  Thence S 23 degrees 13'08" E (south twenty-three degrees thirteen minutes eight seconds east) for 171.93 (one hundred seventy-one and ninety-three one hundredths) feet to a point on the Montgomery County and Prince George's County line, said point being 39.73 (thirty-nine and seventy-three one hundredths) feet from an iron pipe (pin) previously set opposite station 92 + 50.00 as shown on State Roads Commission Plat 46592;

  Thence leaving said outline of the M.C. and M.T. Darnall property and with the Montgomery County and Prince George's County line N 29 degrees 59'05" E (north twenty-nine degrees fifty-nine minutes five seconds east) for 89.55 (eighty-nine and fifty-five one hundredths) feet to a granite stone established by the 1868-72 survey and with coordinates of N 462,521.90 and E 825,819.86, marked "M.C.P.G. 1872C" standing about two feet above ground and on the northerly side of Sandy Spring Road (State Route 198), and about 1,056 feet westerly from the centerline of Gunpowder Road;

  Thence N 19o22'18" E (north nineteen degrees twenty-two minutes eighteen seconds east) 4405.13 (four thousand four hundred five and thirteen hundredths) feet to an iron pipe with coordinates of north 466,677.64 and east 827,281.01 on the easterly side of Riding Stable or Brooklyn Bridge Road at or near the westerly corner of the C. Shamel property as per deed recorded among the land records of Prince George's County in Liber 1043 at Folio 206;

  Thence N 40o00'20" W (north forty degrees no minutes twenty seconds west) 1666.58 (sixteen hundred sixty six and fifty eight hundredths) feet to a point with coordinates of north 467,954.22 and east 826,209.63 at the end of the fourth line of a conveyance from James W. Smith, et ux, to the Washington Suburban Sanitary Commission by a deed dated the 6th day of January 1953, and recorded among the land records of Montgomery County, Maryland in Liber 1753 at Folio 89, thence with said fourth line reversed in N 54o19'39" E (north fifty-four degrees nineteen minutes thirty nine seconds east) 622.40 (six hundred twenty-two and forty hundredths) feet to a concrete monument with coordinates of north 468,317.17 and east 826,715.25, at the southwest corner of a conveyance from Thomas I. Burton, et ux, to the Washington Suburban Sanitary Commission by a deed dated the 25th day of July 1950, and recorded among the land records of Montgomery County, Maryland in Liber 1412 at Folio 395;

  Thence with the last line of said deed N 54o19'39" E (north fifty-four degrees nineteen minutes thirty-nine seconds east) 683.61 (six hundred eighty-three and sixty-one hundredths) feet to a concrete monument with coordinates of north 468,715.81 and east 827,270.58 at the end thereof;

  Thence with the full length of the first line of said deed and in extension thereof through parcel one of a conveyance from Norman C. Dustin to the Washington Suburban Sanitary Commission by a deed dated the 19th day of October 1950 and recorded among the land records of Montgomery County in Liber 1448 at Folio 106, N 55°25'10" E (north 55 degrees twenty-five minutes ten seconds east) 292.35 (two hundred ninety-two and thirty-five hundredths) feet to a point with coordinates of north 468,881.74 and east 827,511.28;

  Thence N 31o09'50" W (north thirty-one degrees nine minutes fifty seconds west) 313.40 (three hundred thirteen and forty hundredths) feet to a concrete monument with coordinates of north 469,149.92 and east 827,349.10 at or near the southwest corner of a conveyance by L. Marshall Cuvillier, Jr., et ux to the Washington Suburban Sanitary Commission by a deed dated the 16th day of February 1951, recorded among the land records of Montgomery County in Liber 1497 at Folio 117;

  Thence N 58o50'10" E (north fifty-eight degrees fifty minutes ten seconds east) 489.99 (four hundred eighty-nine and ninety-nine hundredths) feet, to a point with coordinates of north 469,403.48 and east 827,768.38; thence S 31o09'50" E (south thirty-one degrees nine minutes fifty seconds east) 399.44 (three hundred ninety-nine and forty-four hundredths) feet to a point on a concrete monument with coordinates of north 469,061.68 and east 827,975.09 at or near the southwest corner of a tract of land conveyed by Howard B. Shipley, et ux to the Washington Suburban Sanitary Commission by a deed dated the 22nd day of May 1952 and recorded among the land records of Montgomery County, in Liber 1672 at Folio 201;

  Thence with the fifth line of said deed N 68o41'20" E (north sixty-eight degrees forty-one minutes twenty seconds east) 466.97 (four hundred sixty-six and ninety-seven hundredths) feet to a concrete monument at the end thereof with coordinates of north 469,231.40 and east 828,410.13;

  Thence with the southerly line of a tract of land conveyed by Richard D. Boyle to the Washington Suburban Sanitary Commission by a deed dated the 17th day of July 1951, and recorded among the land records of Montgomery County in Liber 1782 at Folio 469, for the full length thereof and passing over a concrete monument at the southeast corner of said tract and continuing with the southerly line of a tract of land conveyed by Gilmer B. Randolph, et ux to the Washington Suburban Sanitary Commission by a deed dated the 26th day of March 1952 and recorded among the land records of Montgomery County in Liber 1663 at Folio 457, N 64o26'30" E (north sixty-four degrees twenty-six minutes thirty seconds east) 1680.37 (sixteen hundred eighty and thirty-seven hundredths) feet to a point with coordinates of north 469,956.35 and east 829,926.06;

  Thence so as to include a part of Parcel "A" conveyed by Chester F. Naumowicz, Jr. to the Washington Suburban Sanitary Commission by a deed dated the 7th day of March 1952 and recorded among the land records of Montgomery County, in Liber 1644 at Folio 293, N 22o17'57" E (north twenty- two degrees seventeen minutes fifty-seven seconds east) 961.88 (nine hundred sixty-one and eighty-eight hundredths) feet to a point with coordinates of north 470,846.30 and east 830,291.04, said point being about six tenths of a foot southwest of a fence corner;

  Thence N 64o08'00" E (north sixty-four degrees eight minutes no seconds east) 509.38 (five hundred nine and thirty-eight hundredths) feet to the end of the third line in said deed at a point with coordinates of north 471,068.53 and east 830,749.39, said point being 9866.36 feet N 29o58'32" E from a granite stone marked "M.C.P.G. 1872," standing about two feet above ground on the northerly side of the Sandy Spring Road (State Route 198);

  Thence crossing said conveyance from Naumowicz to the Washington Suburban Sanitary Commission N 29o58'30" E (north twenty-nine degrees fifty-eight minutes thirty seconds east) 2085.80 (two thousand eighty-five and eighty hundredths) feet to a point with coordinates of north 472,875.34 and east 831,791.50 at the end of the 17th (seventeenth) line of said deed recorded among the land records of Montgomery County in Liber 1644 at Folio 293, said point having been in the centerline of the channel of the Patuxent River as established prior to the flooding of said river by the construction of the Rocky Gorge Reservoir.

**Sec. 1-16. Reserved.**

**Sec. 1-17. Reserved.**

**Sec. 1-18. Enforcement procedures.**

  (a)   Definitions. In Sections 1-18, 1-19 and 1-20:

    (1)   Citation means a document charging a person with a violation of County law. A civil citation seeks the imposition of a civil penalty. A criminal citation seeks the imposition of a criminal sanction.

    (2)   County law means any provision of:

      (A)   a law enacted by the County Council;

      (B)   a public local law adopted by the General Assembly which applies in Montgomery County;

      (C)   a law, ordinance, or subdivision amendment enacted under Division II of the Land Use Article of the Maryland Code;

      (D)   a health regulation adopted by the County Council sitting as the County Board of Health; or

      (E)   a regulation adopted under authority of the County Code.

    (3)   Enforcement officer means a police officer or other agent of Montgomery County, the State of Maryland, or any agency created under State or County law, whose job includes the issuance of a citation. Enforcement officer also means a police officer or other agent of any municipality that the County Executive has authorized under Section 2-96(b) to enforce any specified County law in that municipality, whose job includes the issuance of a citation. Enforcement officer also means an agent of a special taxing district who is authorized to act as an agent of the County under an agreement adopted under Section 2-96(a).

  (b)   Civil and Criminal Citations.

    (1)   Issuance. An enforcement officer may issue a civil citation or a criminal citation  to a person who the enforcement officer believes is committing or has committed a violation of County law. The form of the citation must be approved by the Chief Judge of the Maryland District Court, as required by State law.

    (2)   Summons to Appear. In addition to a citation, the enforcement officer may issue to the person receiving the citation a summons requiring the person to appear in court on a specified date. If the citation is a civil citation, the summons must specify that the person is not required to appear in court if the fine is paid as provided in the citation. The enforcement officer must coordinate the selection of court dates with appropriate court officials.

    (3)   Failure to furnish proof of identity. A person issued a citation under this section must furnish proof of identity and age, upon request, to the enforcement officer who issues the citation. Any violation of this paragraph is a class C violation.

    (4)   Responsibility of enforcement officer. Within 10 working days after issuing a citation, the enforcement officer must deliver the original citation and summons to the Revenue Division of the Department of Finance or another office designated by regulation adopted under method (3). The Revenue Division must process a civil citation and summons as provided in subsection (c), and must forward a criminal citation and summons to the District Court within 10 business days after receiving it. Failure to deliver the citation or summons to the Revenue Division or the District Court does not affect the validity of the citation or summons.

    (5)   Trial Schedule. After a summons is issued, the District Court must schedule the trial on the date stated in the summons or notify the defendant of an alternative date. If no summons is issued, the District Court must schedule the case for trial and summon the defendant to appear. A defendant's failure to respond to a summons without good cause is contempt of court.

    (6)   Prosecution by the County Attorney. The County Attorney may prosecute a violation under this Section and exercise the normal discretion of a prosecutor.

    (7)   Court costs. A person found by the District Court to have committed a violation of County law is liable for the costs of the proceeding in the District Court.

    (8)   Payment to County. Any fine, penalty or forfeiture collected by the District Court must be paid to the County.

    (9)   Appeals, motion for new trial, or revision of judgment. As provided by law, a defendant who has been found to have committed a violation of County law may:

      (A)   appeal;

      (B)   file a motion for a new trial; or

      (C)   file a motion to revise the judgment.

  (c)       Civil Violations.

    (1)   Amount of fine. An enforcement officer must designate a civil penalty on the citation in the amount set out in Section 1-19, unless a lower amount is set for a specific violation by a regulation adopted under method (1).

    (2)   Election to stand trial. A person who receives a civil citation may file with the County agency listed on the citation a notice of intention to stand trial. The notice must be filed within 15 days after receiving the citation or, if the 15th day falls on a County holiday, by the end of the next business day after the holiday. After receiving the notice of intention to stand trial, the agency must forward to the District Court the original citation, the summons, and the notice of intention to stand trial. After receiving these papers, the District Court must schedule the case for trial.

    (3)   Default.

      (A)   If a person who receives a civil citation does not pay the penalty by the date set on the citation and does not file a timely notice of intention to stand trial, the penalty is increased to double the original penalty. A lesser increase may be established for specific offenses by regulation adopted under method (1).

      (B)   If the penalty is not paid and the defendant does not request a trial within the required time, the County may ask the District Court to set a trial date.

    (4)   Burden of Proof; rights of defendants. In any proceeding to impose a civil penalty:

      (A)   the County has the burden to prove that the defendant has committed the offense by a preponderance of the evidence;

      (B)   the defendant may cross-examine witnesses, produce evidence or witnesses, and testify if the defendant elects to do so; and

      (C)   the defendant may be represented by counsel that the defendant selects and pays.

    (5)   Adjudication.

      (A)   The defendant may enter a plea of guilty or not guilty. The court must find the defendant guilty or not guilty.

      (B)   If it finds the defendant guilty, the court must impose the penalty and late payment penalties prescribed by County law. The court may suspend or defer the payment of the penalties under conditions that the court sets.

      (C)   if a defendant willfully fails to pay a penalty or any costs imposed by the court, the court may punish the failure as contempt of court.

      (D)   The penalties and costs imposed by the court constitute a judgment in favor of Montgomery County. If any penalty or cost is unpaid for 30 days after judgment is entered, the County may enforce the judgment in the same manner as any other civil judgment for money, or collect the judgment in the same manner as it collects real property taxes.

    (6)   Civil Matter. Adjudication of a civil citation is not a criminal proceeding, and a finding of guilty does not impose any civil disability ordinarily imposed by a criminal conviction.

    (7)   Effect of payment of penalty. The payment of a civil penalty without a court finding under this Section is not an admission of guilt in any County licensing or permit proceeding, but does establish the "initial offense" charged in the citation for the purpose of calculating repeat offenses under Section 1-19. To be a repeat offense, an offense must be committed within one year after an initial offense.

  (d)    Criminal Violations. The trial of criminal citations is governed by State law and rules of court.

  (e)    Correcting violations of law.

    (1)   The court may order the defendant to:

      (A)   refrain from further violations; and

      (B)   correct any condition that is a continuing violation of County law.

    (2)   The court may order the County to correct, at the defendant's expense, any condition that violates County law.

    (3)   If the County corrects a condition that violates County law, the County must send the defendant a bill for the cost of correction by regular mail to the defendant's last known address, or by any other means that is reasonably calculated to bring the bill to the defendant's attention. If the defendant does not pay the bill within 30 days after it is presented, the County may file a verified statement of the costs of correcting violations with the court.

    (4)   The court must enter judgment against the defendant for the cost of correcting violations. The County may enforce a judgment so entered in the same manner as any other civil judgment for money, or collect the judgment in the same manner as it collects real property taxes.

  (f)   Notice of Violation.

    (1)   An enforcement officer may issue a notice of violation before issuing a citation.

    (2)   A notice of violation must:

      (A)   be in writing;

      (B)   describe in general terms a remedial action which, if taken, will achieve compliance with County law;

      (C)   specify a reasonable time to perform any required remedial action; and

      (D)   inform the recipient that noncompliance with the required remedial action is likely to result in the issuance of a civil or criminal citation under subsection (b)(1) which the enforcement agency can enforce in a court with jurisdiction.

    (3)   This subsection does not prevent an enforcement officer from:

      (A)   issuing a citation at any time, including after an enforcement officer has issued a notice of violation under which time remains for remedial action to be taken; or

      (B)   pursuing any remedy under Section 1-20.

  However, an enforcement officer may issue a citation before time remains to complete any required remedial action under the notice of violation only if the violation presents a danger to public safety, health, or property.

    (4)   A person may not appeal to the Board of Appeals a decision by an enforcement officer to issue or decline to issue a notice of violation under this subsection.

    (5)   This subsection does not apply if another County law expressly allows an enforcement officer to issue a notice of violation or warning before a citation is issued.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 1-19. Fines and penalties.**

  Any violation of County law that is identified as a Class A, B, or C violation may be punished as a misdemeanor by a fine of not more than the amount shown below, or by confinement in the County jail for not longer than the time shown below, or by both the fine and confinement, in the discretion of the court, in which the violator is convicted. Any violation may, in the alternative and at the discretion of the enforcing agency, be punishable as a civil violation under Section 1-18. The civil penalty must be in the amount shown below, unless a lower amount for a specific violation is set by an executive regulation adopted under method (1).

| Criminal Violation | Civil Violation Maximum Penalty
Class | Maximum Fine | Maximum Jail Term | Initial Offense | Repeat Offense
A | $1000 | 6 months | $500 | $750
B | $200 | 30 days | $100 | $150
C | $50 | None if fine is paid; 10 days otherwise | $50 | $75

  If no penalty is specified for taking any action prohibited by County law or failing to take any action required by County law, that action or failure to act is a Class A violation.

**Sec. 1-20. Other remedies; continuing violations.**

  (a)   In addition to or instead of any other remedy allowed by law, the County may enforce any County law, or correct any violation of County law, by seeking appropriate injunctive declaratory, or other relief from any court with jurisdiction.

  (b)   Any court with jurisdiction may temporarily or permanently enjoin any violation of County law, order any person to correct any violation of County law, or order any other appropriate remedy.

  (c)   Each day any violation of County law continues is a separate offense.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Article I. Publication of Laws.

**Sec. 1-101. Publication of new laws.**

  (a) Where to publish new laws. The council must publish the title or a summary of every new law in a newspaper of general circulation in the county and in the Montgomery County Register.

  (b) When to publish new laws. The Council must publish the title or a summary of every new law. The Council must publish the title or a summary of an expedited law promptly after it becomes law. The Council should publish the title or a summary of every other law promptly after it becomes a law, but must publish the title or summary before the law takes effect.

**Sec. 1-102. Publication of the Code.**

  (a)    Compiling and publishing laws. The County Attorney compiles and publishes the following:

    (1)   An annotated and indexed edition of the Code that contains:

      (A)   the Charter;

      (B)   all county legislation of a general and permanent nature, including ordinances of the District Council;

      (C)   any other County legislation or public laws that the County Attorney determines should be included in the Code;

      (D)   the rules of procedure of the Council;

      (E)   the Code of Montgomery County Regulations (COMCOR) and the regulations of the Board of Health;

      (F)   all regulations of special taxing districts that the Council has approved;

      (G)   all charters, laws, and regulations of municipal corporations in the county if the municipal corporation and the County Attorney agree on the cost to and the responsibilities of the municipal corporation; and

      (H)   a cumulative list of all sections of the Code that have been repealed, added, or amended since that edition of the Code was published.

    (2)   Supplements containing all changes to the contents of the Code. The County Attorney should publish these supplements at least every six (6) months.

  (b)    Distributing copies of the County's laws.

    (1)   The County must make the Code and any supplements available to the public.

    (2)   The County Executive should designate official depositories for public access to the County's laws. The County must give these official depositories free copies of the Code and any supplements.

    (3)   Copies of the Code and supplements that the county sells should not cost more than the cost of copying and distributing the materials, as determined by the County Attorney.

**Sec. 1-103. Proof of the laws and regulations of the County.**

  The official copies of the enrolled bills enacted by the Council and the official copies of regulations adopted by the County Executive are the official laws and regulations of the County. The published Code is evidence of these laws and regulations. If there is a conflict between the Code published under section 1-102 and a law or regulation, the law or regulation prevails.

**Sec. 1-104. Distributing copies of the laws of the County.**

  The County Attorney distributes all copies of the laws of Montgomery County that State law requires the County to distribute.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Article 2. Effect of the Code.

**Sec. 1-201. Effect of changes in the law.**

  (a)    Changes. Unless the law expressly provides otherwise, when the County changes a law, the law does not affect:

    (1)   any rights vested in a person before the change became effective;

    (2)   any contract rights that existed before the change became effective; and

    (3)   any legal actions for a violation of the law that occurred before the change became effective.

  (b)    Modifications. For purposes of acts that occurred before a new law became effective, if the law modifies an existing provision in the Code, then the modified provision continues the existing provision unless:

    (1)   The new law states that it does not continue the existing provision; or

    (2)   The context indicates that the new law was not intended to continue the existing provision.

**Sec. 1-202. Severability.**

  (a)    Severable provisions. Except as provided under subsection (b), it is the intent of the Council that the provisions of this Code and all laws enacted by the County Council are severable. If a provision is held invalid or inapplicable, the remainder of the Code or the law remains in effect.

  (b)    Nonseverable provisions. The County Council may expressly provide by law that certain provisions are not severable.

**Sec. 1-203. Applicability of County legislation in municipalities.**

  (a)    Purpose. The County Council and the County Executive find that it is in the public interest:

    (1)   to foster the concept of municipal home rule;

    (2)   to encourage comity between the County and its municipal corporations;

    (3)   to prevent dual regulations and conflicts in laws between the County and municipal corporations; and

    (4)   to provide for the efficient use of public funds and services by establishing limitations, with specified exceptions, on the applicability and enforceability within municipal borders of County local laws and regulations when the municipal corporations have the power to enact their own legislation on the same subject matter.

  (b)    Definition of legislation. In this section, legislation means any form of County or municipal legislative enactment, including an existing or new law, ordinance, or resolution.

  (c)    Standards governing the applicability of County legislation within municipal corporations. Except as provided in subsection (d) of this section, legislation enacted by the County does not apply within the boundaries of a municipal corporation in the County if the legislation:

    (1)   by its terms exempts all municipal corporations;

    (2)   conflicts with legislation of the municipal corporation enacted under a grant of legislative authority provided either by public general law or its charter; or

    (3)   relates to a subject with respect to which the municipal corporation has a grant of legislative authority provided either by public general law or its charter and the municipal corporation, by ordinance or charter amendment having prospective or retrospective applicability, or both:

      (A)   specifically exempts itself from the County legislation; or

      (B)   generally exempts itself from all County legislation covered by the grants of authority to the municipal corporation.

  (d)    Exceptions to general exemption from County legislation. A municipal corporation may establish one (1) or more exceptions to the general exemption under subsection (c)(3)(B) of this section by referencing specific county legislation in the ordinance or Charter amendment.

  (e)    Categories of County legislation applicable in municipalities.

    (1)   If a municipal corporation specifically references County legislation as an exception under subsection (d) of this section, the County legislation referenced applies within the municipal corporation.

    (2)   Notwithstanding subsections (c)(2) and (c)(3), the following categories of County legislation, if otherwise within the scope of legislative powers granted to the County by the General Assembly, shall nevertheless apply in all municipalities in the County:

      (A)   County legislation where a law enacted by the General Assembly so provides;

      (B)   County revenue or tax legislation, subject to the Tax Property Article of the Maryland Code.

  (f)    Emergency override authority. The County declares that it will not exercise the authority granted to it by the General Assembly under section 2B(b)(3), article 23A, Annotated Code of Maryland 1957, as amended.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Article 3. The Meaning of Provisions of This Code.

**Sec. 1-301. Rules of interpretation.**

  The following rules of interpretation apply to resolutions adopted by the Council, laws enacted by the Council, and the County Charter:

  (a)   Bold face. A word has no legal significance solely because it appears in bold face. Bold face indicates that the term is defined or is a heading.

  (b)   How to compute periods measured in months. If a period of time is measured in months, the period begins and ends at 12:01 a.m. on the same number day of a month. However,  if there are not enough days in the final month for this to be possible, the period ends on the final day of the final month.

  (c)   How to compute deadlines. If the Charter or Code or a resolution requires or allows a person to perform an act within a specific time period measured in days, the person must compute the deadline in the following manner:

    (1)   Count the day after the event as the first day of the period, if the period follows an event.

    (2)   Count the remaining number of days in the period. However, if the period is 7 days or less, omit Saturdays, Sundays, and legal holidays.

    (3)   Do not count the last day if it is a Saturday, Sunday, or legal holiday or if the office where the person must file a paper or perform an act is not open during the regular hours of that office.

  (d)   Requirements to act by a specific date. If the Charter or Code or a resolution requires or allows a person to perform an act by a specific date, but the specific date is a Saturday, Sunday, or legal holiday, the person may perform the act on the next day that is not a Saturday, Sunday, or legal holiday.

  (e)   Signatures. The signature of a person may be the actual signature of the person or a mark that the person has authorized.

  (f)   Singular and plural. The singular includes the plural and the plural includes the singular.

  (g)   Tense. The present tense includes the future tense.

  (h)   Title of sections. Titles and captions are not part of the Charter or Code or a resolution. They only advise the reader of the content of each provision.

**Sec. 1-302. Definitions.**

  (a)    General meanings of terms. Unless another meaning is given, in laws enacted by the Council in legislative session the following words have the meanings indicated:

    (1)   “Class A violation,” “class B violation,” “class C violation” mean the 3 classes of violations of county laws, ordinances, and regulations. These classes are described in section 1-19 of the Code.

    (2)   “Holiday” means:

      (A)   a day specifically designated as a holiday under the County personnel regulations; and

      (B)   any other days that the Chief Administrative Officer designates as a special holiday or substitute holiday under the personnel regulations.

    (3)   “Method (1),” “method (2),” “method (3)” mean the 3 procedures used to adopt and review executive regulations. These methods are prescribed in Section 2A-15 of the Code.

    (4)   “Oath” means a statement that a person makes under penalty of law.

    (5)   “Person” means an individual or legal entity.

  (b)    Exceptions to general meanings. A word has a meaning that is different from its definition in subsection (a) of this section if:

  (1)   the context clearly indicates that the meaning in this section is not appropriate; or

  (2)   this Code contains another definition for the word in a specific context.

**Sec. 1-303. References to written documents.**

  If a law refers to a written document, the law includes any document that can be read by a person or a machine. However, if the purpose of the law is to give notice, the document should be in a form that the general public can read easily.

**Sec. 1-304. References to the Code.**

  All references in the Code to a chapter, section, or subsection refer to parts of this Code, unless the context indicates otherwise.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Article 4. County Symbols.

**Sec. 1-401. County coat of arms and motto.**

  (a)   Picture of the county coat of arms. This is a picture of the County coat of arms with labels describing the colors:

  (b)    Motto. The motto of Montgomery County is "gardez bien."

**Sec. 1-402. County flag.**

  The colors of the county flag are the same as the colors in the shield in the county coat of arms. This is a picture of the county flag:

**Sec. 1-403. County seal.**

  The shield in the county seal contains the same colors as the shield in the county coat of arms. This is a picture of the county seal:

**Sec. 1-404. Improper use of county symbols and penalty for improper use.**

  (a)    Improper use. A person must not use the county coat of arms, flag, or seal to indicate that a person is acting in an official capacity on behalf of the county unless the person is acting in an official capacity on behalf of the county.

  (b)    Penalty. If a person violates subsection (a), the county may prosecute the person for a class A violation.

**Sec. 1-405. County bird, blossom, and tree.**

  The robin is the County bird. The dogwood is the County blossom. The black tupelo (also known as black gum, sourgum, pepperidge, tupelo, and tupelogum), Nyssa sylvatica, is the County tree.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 1A. Structure of County Government.

### Article I. Elected and Appointed Officials.

**Sec. 1A-101. Scope of article.**

  (a)    Contents of Article. This Article contains the provisions of County law that relate to specific elected or appointed officials.

  (b)   List of elected officials.

    (1)   Councilmembers.

    (2)   County Executive.

  (c)    List of appointed officials.

    (1)   Chief Administrative Officer.

    (2)   County Attorney.

    (3)   Heads of departments and principal offices.

    (4)   Executive Director of the Office of the County Council (optional).

    (5)   Any person holding any other position in the Executive Branch designated by law as a non-merit position.

  (d)   In this Chapter, position in the Executive Branch designated by law as a non-merit position does not include any:

    (1)   special assistant to the County Executive;

    (2)   member of a board or commission; or

    (3)   officer authorized by law to be appointed to serve in a quasi-judicial capacity.

**Sec. 1A-102. Process for appointing and confirming officials.**

  (a)   Chief Administrative Officer, County Attorney, heads of departments and principal offices, and other non-merit positions in the Executive Branch.

    (1)   The County Executive may appoint a new Chief Administrative Officer, County Attorney, head of a department or principal office, or other position in the Executive Branch designated by law as a non-merit position at any time.

      (A)   If the Council confirms a new Chief Administrative Officer, head of a department or principal office, or person to any other position in the Executive Branch designated by law as a non-merit position, the new official automatically assumes the position from anyone who holds that position on an acting or permanent basis.

      (B)   The County Attorney has the right to have a public hearing before the Council prior to being dismissed by the County Executive. After this right has been satisfied, if the Council confirms a new County Attorney, the new County Attorney automatically assumes the position from anyone who holds that position on an acting or permanent basis.

    (2)

      (A)   If the position of Chief Administrative Officer, head of a department or principal office, or any other position in the Executive Branch designated by law as a non-merit position, is vacant, the County Executive must appoint someone to fill the vacancy.

      (B)   The County Executive should submit the appointment to the Council within 90 days after the vacancy occurs.

    (3)

      (A)   Within 60 days, the Council should vote on confirmation of an appointment.

      (B)   The affirmative votes of a majority of councilmembers in office are necessary to confirm an appointment.

    (4)   If the Council votes on an appointment, does not confirm it, and does not reconsider the vote, the County Executive must make a new appointment. The County Executive should make the new appointment within 90 days after the deadline for reconsidering the vote.

    (5)   If the Council does not act on confirmation of an appointment within 60 days, the Council may no longer vote on that appointment. Within 90 days after the end of the sixty-day period, the County Executive should either:

      (A)   resubmit the appointment; or

      (B)   submit a new appointment.

    (6)   The Executive must disclose to the Council:

      (A)   any proposed employment contract with a person appointed to a non-merit position subject to confirmation by the Council at the time of appointment; and

      (B)   any current employment contract with an employee serving in a non-merit position subject to confirmation by the Council.

  (b)   County Health Officer.

    (1)   A person is automatically nominated to the Secretary of Maryland Department of Health to serve as County Health Officer under State law if the County Executive and the County Council appoint and confirm the person as the County Health Officer.

    (2)   If the Secretary rejects the nominee for the position of County Health Officer, the County Executive and the County Council must appoint and confirm a new person to be the County's nominee for the position.

  (c)   County Mental Health Director. The Director of the Department of Health and Human Services serves as the County Mental Health Director under State law.

  (d)   Executive Director of the Office of the County Council.

    (1)   There is a position of Executive Director of the Office of the County Council. The Council may appoint someone to fill this position.

    (2)   The Executive Director of the Office of the County Council must be a professionally qualified administrator.

    (3)   The Executive Director of the Office of the County Council  is not a merit system employee.

    (4)   An appointment must be by a majority vote of councilmembers in office.

  Sec. 4. The Council intends to seek State enabling legislation to permit incorporation of the Department of Health and Department of Social Services in the Department of Health and Human Services as part of the reorganization of County health and human services.

  Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”

**Sec. 1A-103. Duties of the chief administrative officer.**

  (a)   Direction by the County Executive. The Chief Administrative Officer performs the duties of the office subject to the direction of the County Executive.

  (b)   List of duties. The duties of the Chief Administrative Officer are to:

    (1)   Advise the County Executive on all administrative matters;

    (2)   Administer the centralized purchasing system of the County;

    (3)   Administer the merit system of the County;

    (4)   Supervise the departments, offices, and agencies of the Executive Branch; and

    (5)   Perform other tasks that the County Executive assigns.

**Sec. 1A-104. Heads of departments and principal offices; other positions designated as non-merit.**

  (a)   Names. The head of a department or principal office is called the Director of the department or principal office, except that:

    (1)   the Director of Police is also called the Chief of Police;

    (2)   the Director of the Montgomery County Fire and Rescue Service is also called the Fire Chief; and

    (3)   the Director of the Office of the County Attorney is called the County Attorney.

  (b)   Qualifications.

    (1)   Each head of a department or principal office should be professionally qualified.

    (2)   A person holding any other position in the Executive Branch designated by law as a non-merit position must be professionally qualified for the position under a position description established by regulation under method (1).

  (c)   Status. Heads of departments and principal offices, and holders of any other position in the Executive Branch designated by law as a non-merit position, are County employees but are not merit system employees.

  (d)   Special reinstatement rule.  A person who was a merit system employee of the Police Department when appointed as an Assistant Chief of Police may return to the merit system in the Department at the same rank that the person last held in the merit system.  The person must elect to return to the merit system within 10 days after leaving the Assistant Chief position, by notifying the Chief Administrative Officer in writing.  If the previous rank was abolished, the person must be assigned to the closest equivalent rank, and must receive the salary and benefits that would apply if the person had remained in the merit system at the previous rank and the rank still existed.

  (e)   Salaries.  The Executive must design a compensation system to attract and retain highly competent senior leaders as heads of departments and principal offices, and other non-merit employees in the Executive Branch.  Each of these employees must be paid a salary within a salary schedule proposed by the Executive and approved by the Council in the Operating Budget of the Montgomery County Government.  The salary schedule may contain a provision permitting the Executive to exceed the salary schedule established for a position for an individual employee, subject to Council approval, if the Executive finds that it is necessary to attract or retain a senior leader for a specific position.  The Council must establish a salary schedule for non-merit positions in the Legislative Branch as part of the Operating Budget of the Montgomery County Government.

  (f)   Severance pay.  The Executive or a Councilmember must not authorize any payment of money or paid administrative leave to a non-merit employee in the Executive Branch or in the Legislative Branch upon separation from County employment unless the payment is expressly authorized by law. The Executive or a Councilmember must not enter into an employment agreement with a non-merit employee that provides for any type of severance pay for an employee who is terminated with or without cause. This subsection must not be interpreted to prohibit:

    (1)   the payout of unused leave at termination of employment;

    (2)   a discontinued retirement pension authorized under Section 33-45(d) or Section 33-45(e); or

    (3)   severance pay under Sections 33-139 and 33-140.

  Sec. 2. The Chief Administrative Officer must abolish the following occupational classes on the date that the County Council confirms the third Assistant Chief of Police: (a) police lieutenant colonel; and (b) police major.  Until the classes are abolished, the Chief of Police must not appoint any other person to a position in these classes.

  Sec. 3. An employee of the Department of Police must not represent the Department or the County as an attorney in any administrative, quasi-judicial, or judicial proceeding.

**Sec. 1A-105. Acting officials.**

  (a)   Scope. This Section applies to acting:

    (1)   County Executives;

    (2)   Chief Administrative Officers;

    (3)   heads of departments and principal offices;

    (4)   holders of any other position in the Executive Branch designated by law as a non-merit position; and

    (5)   Executive Directors of the Office of the County Council.

  (b)   Powers. Acting officials have all of the powers of permanent officials except that:

    (1)   Those powers may be limited by law, or by the terms of an appointment during a temporary absence or disability; and

    (2)   An acting Chief Administrative Officer becomes acting County Executive only if the County Executive authorizes that succession.

  (c)   Application of merit system laws. If the merit system laws applied to an employee before that employee became an acting official:

    (1)   The limitations in the merit system laws on how long an employee may serve as an acting official continue to apply; and

    (2)   The status of the employee in the merit system does not change.

  (d)   Acting County Executive.

    (1)   List of Successors.

      (A)   The County Executive should maintain a list of successors naming employees of the Executive Branch who may serve as acting County Executive. The list should contain at least 2 names and must describe the order of succession.

      (B)   In order to be effective, the County Executive must file these names with the Council and publish them in the Montgomery County Register as soon as reasonably possible.

    (2)   Vacancy.

      (A)   There is a vacancy in the position of County Executive if the County Executive:

        (i)   dies;

        (ii)   resigns;

        (iii)   becomes disqualified under Section 203 of the Charter or State law; or

        (iv)   is removed under Section 206 of the Charter or State law.

      (B)   If there is a vacancy in the position of County Executive, the Chief Administrative Officer is acting County Executive.

      (C)   If the Chief Administrative Officer is unavailable, the acting County Executive is the person designated by the list of successors.

    (3)   Temporary absence or disability.

      (A)   The County Executive may name in writing someone in the Executive Branch who is the acting County Executive while the County Executive is temporarily absent or disabled.

      (B)   If the County Executive has not named someone in writing, the acting County Executive is the person designated by the list of successors.

      (C)   If all designated successors are unavailable, the Chief Administrative Officer is the acting County Executive.

  (e)   Acting Chief Administrative Officer, heads of departments and principal offices, and other non-merit positions in the Executive Branch.

    (1)   The County Executive may name an acting Chief Administrative Officer, head of a department or principal office, or any other position in the Executive Branch designated by law as a non-merit position, if:

      (A)   a position is vacant; or

      (B)   the incumbent is temporarily absent or disabled.

    (2)   The Chief Administrative Officer, heads of departments and principal offices may name their own acting successors who will serve if:

      (A)   the County Executive has not named someone; and

      (B)   the incumbent is temporarily absent or disabled.

    (3)   The head of the department or principal office names the acting successor for any department or office employee holding a position designated by law as a non-merit position if:

      (A)   the County Executive has not named someone; and

      (B)   the incumbent is temporarily absent or disabled.

    (4)   Except as provided for in paragraph (e)(5), if a department or principal office does not have a permanent or acting Director, the Chief Administrative Officer directly supervises the Department or principal office.

    (5)   The following limitations apply to acting Directors.

      (A)   An acting Chief Administrative Officer, acting head of a department or principal office, and an acting holder of any other position in the Executive Branch designated by law as a non-merit position, must be a County employee when named.

      (B)   An acting Director of the Department of Finance must be an employee of the Department.

      (C)   An acting County Attorney must be licensed to practice law in Maryland.

  (f)    Executive Director of the Office of the County Council.

    (1)   If the position of Executive Director of the Office of the County Council is vacant, the Council may appoint an acting Executive Director.

    (2)

      (A)   If the Executive Director of the Office of the County Council becomes temporarily absent or disabled, the Council may appoint an acting Executive Director.

      (B)   If the Council does not appoint an acting Executive Director of the Office of the County Council under this paragraph, the Executive Director may appoint an acting Executive Director.

    (3)   An acting Executive Director of the Office of the County Council, who is not a merit system employee, must be a professionally qualified administrator.

  (g)   Time limit. No one may serve as an acting official for more than 6 months in any one- year period unless a majority of councilmembers in office votes to extend the limit and the Merit System Protection Board grants any other approval required by the merit system laws. This time limit does not apply to an acting County Executive.

  (h)   Removal.

    (1)   The County Executive may remove an acting official in the Executive Branch at any time.

    (2)   The Council may remove an acting Executive Director of the Office of the County Council at any time.

**Sec. 1A-106. Salaries of the County Executive and Councilmembers.**

  (a) 
									   Salary of County Executive.
									  Except as provided in subsection (c), the County Executive must receive an annual salary of $190,000 beginning on December 1, 2014.

  (b)   Salary of Councilmembers.

    (1)   Except as provided in paragraph (2) and subsection (c), a Councilmember must receive an annual salary of:

      (A)   $113,310 beginning on December 1, 2014;

      (B)   $120,675 beginning on December 7, 2015;

      (C)   $128,519 beginning on December 5, 2016; and

      (D)   $136,258 beginning on December 4, 2017.

    (2)   The Council President must receive an additional amount equal to 10% of the salary of other Councilmembers.

  (c)    Annual adjustments.

    (1)   Beginning on December 3, 2018, the salaries of the Councilmembers must be adjusted annually on the first Monday in December by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year.

    (2)   Beginning on December 7, 2015, the salary of the County Executive must be adjusted annually on the first Monday in December by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year.

  (d)    Additional compensation.

    (1)   County Executive. The County Executive's authority to accept additional compensation is limited by Sections 203 and 407 of the Charter.

    (2)   Councilmembers. Councilmembers must not receive additional compensation for performing their duties to the county. The duties of a councilmember include service on any board, agency, authority, or commission if the Council appoints or confirms the councilmember.

**Sec. 1A-107. County Executive Residency Requirement.**

  As provided in County Charter Section 203, and consistent with Maryland Code Art. 24, Section 1-108, the County Executive must have been a resident of the County for one year before the Executive is elected or appointed.

**Sec. 1A-108. Salaries of Planning Board members.**

  The annual salary of each member of the Planning Board, other than the member designated as the full-time member under Division II of the Land Use Article of the Maryland Code Section 15-107, is $24,400, in addition to any salary the member receives under Section 15-108 as a member of the Maryland-National Capital Park and Planning Commission.

**Sec. 1A-109. Delegation of Authority; Sub-delegation.**

  (a)   An officer or employee may delegate authority to perform a function to a designated officer or employee or the person who holds a specific position if:

    (1)   the officer or employee has been vested with authority to perform the function; and

    (2)   another law does not prohibit delegation of the function.

  (b)   The officer or employee delegating authority to perform a function may impose limits, terms, and conditions on the delegation of authority.

  (c)   The officer or employee delegating authority remains responsible for the performance of the delegated function.

  (d)   A delegation of authority does not divest the officer or employee who delegates authority of the authority to perform the function.

  (e)   The officer or employee who delegates authority to perform a function may revoke the delegation at any time.  Authority to perform a delegated authority remains valid until revoked.

  (f)   A delegation of authority to perform a function must be in writing.

  (g)   The official or employee delegating authority to perform a function and the officer or employee who has been designated to perform a delegated function should retain a copy of the delegation.

  (h)   An officer or employee who has been designated to perform a delegated function may delegate authority to perform the function to an officer or employee or a person who holds a specific position unless the delegation of authority to perform the function under which the official or employee is acting prohibits sub-delegation.

  (i)   This section does not apply to members of any board, committee, or commission.

  (j)   Section 1A-105 exclusively governs the appointment of an acting:

    (1)   County Executive;

    (2)   Chief Administrative Officer;

    (3)   head of a department or principal office;

    (4)   holder of any other position in the Executive Branch designated by law as a non- merit position; and

    (5)   Executive Director of the Office of the County Council.

### Article II. Departments and Offices.

**Sec. 1A-201. Establishing departments and principal offices.**

  (a)    Executive Branch.

    (1)   These are the departments and principal offices of the Executive Branch.

      County Executive (Charter, § 201 et seq.)

      Chief Administrative Officer (Charter, § 210 et seq.)

      Consumer Protection (Section 11-2)

      Correction and Rehabilitation (Section 2-28)

      County Attorney (Charter § 213)

      Environmental Protection (Section 2-29)

      Finance (Charter § 214; Section 20-38 et seq.)

      Fire and Rescue Service (Section 2-39A)

      General Services (Section 2-30)

      Health and Human Services (Section 2-42A)

      Housing and Community Affairs (Section 2-27 et seq.)

      Human Resources (Section 2-64I; ch. 33)

      Intergovernmental Relations (Section 2-64J)

      Liquor Control

      Management and Budget (Section 2-64K)

      Permitting Services (Section 2-42B)

      Police (Section 2-43; ch. 35)

      Procurement (Section 2-64N)

      Public Information

      Public Libraries (Section 2-45 et seq.)

      Racial Equity and Social Justice (Section 2-64A)

      Recreation (Section 2-58)

      Technology and Enterprise Business Solutions (Section 2-58D)

      Transportation (Section 2-55 et seq.)

    (2)   The County Executive must determine whether the entity is a department or a principal office.

      (A)   Entities that directly serve the public are departments; and

      (B)   Entities that provide internal support to other parts of County government are principal offices.

  (b)   Legislative Branch. There are no departments or principal offices in the Legislative Branch.

  Transition.  Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

  Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

  Sec. 4. The Council intends to seek State enabling legislation to permit incorporation of the Department of Health and Department of Social Services in the Department of Health and Human Services as part of the reorganization of County health and human services.

  Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 LMC ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”

**Sec. 1A-202. Supervision of departments and principal offices.**

  (a)   Each department and principal office is under the immediate direction of the head of the department or principal offices including any department or office employee holding a position in the Executive Branch designated by law as a non-merit position.

  (b)   Departments and principal offices are also subject to the general supervision of the County Executive and the Chief Administrative Officer.

  (c)   Heads of departments and principal offices appoint the merit system employees of the departments and principal offices.

**Sec. 1A-203. Establishing other offices.**

  (a)    Executive Branch. These are the offices of the Executive Branch that are not part of a department or principal office:

    Office of Agriculture (section 2B-1A)

    Office of Animal Services (section 2-58C)

    Office of the Commission for Women (section 27-28 et seq.)

    Office of Community Use of Public Facilities (section 2-64M)

    Office of Emergency Management and Homeland Security (section 2-64O)

    Office of Food Systems Resilience (section 2-64Q)

    Office of Grants Management (Section 2-64P)

    Office of Human Rights (section 27-4)

  (b)    Legislative Branch. These are the offices of the Legislative Branch:

    Office of the County Council (Charter section 101 et seq.)

    Office of the Inspector General

    Office of Legislative Oversight (section 29A-5)

    Office of the People's Counsel

    Office of Zoning and Administrative Hearings

  (c)   Internal offices. For purposes of organization, there may also be offices within departments and principal offices. This article does not apply to them.

    (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.

**Sec. 1A-204. Supervision of offices and appointment of heads.**

  (a)   Executive Branch.

  Each office established under Section 1A-203(a) is under the supervision of an Executive Director who is appointed by the Chief Administrative Officer.  Each Executive Director is a merit system employee.

  (b)   Legislative Branch.

    (1)   Office of the County Council.

      (A)   The Council appoints the Executive Director of the Office of the County Council as provided for in Section 1A-102(d), and may give direction to members of the Council's staff. In the absence of direction from the Council, officers of the Council may give directions to the Council's staff.

      (B)   Except for the Clerk of the Council, the Executive Director of the Office of the County Council or another person designated by the Council appoints and supervises all merit system employees of the Office.

      (C)   Under the merit system laws, the County Council appoints and removes the Clerk of the Council by a resolution approved by a majority of all councilmembers in office.  The Executive Director of the Office of the County Council supervises the Clerk on all matters.

    (2)   Office of Legislative Oversight.

      (A)   A majority of councilmembers in office appoints the Director of the Office of Legislative Oversight.

      (B)   The Director is not a merit system employee.

      (C)   Beginning on January 1, 1988, the term of the Director is 4 years. There is no limit to the number of terms that a Director may serve. If the County Council has not appointed a successor when a Director's term expires, the Director continues to serve until an appointed successor assumes office. The successor serves for the unexpired part of the term.

      (D)   The County Council may dismiss the Director for good cause before the end of the Director's term. Before doing so, the Council must tell the Director the Council's reasons for the dismissal. If the Director requests a hearing, the Council must hold one and then issue a written decision to the Director.

      (E)   The Director appoints and supervises all merit system employees of the Office. The Office and the employees operate independently of the Council's staff.

    (3)   Office of the People's Counsel.

      (A)   The County Council may employ, as a term merit system employee, a People’s Counsel.  The Council may, by a resolution adopted by an affirmative vote of 6 Councilmembers, remove a People’s Counsel during the Counsel’s term for good cause.  Alternatively, the County Council may retain as an independent contractor one or more attorneys, along with support staff, consultants, and expert witnesses, to provide the services of the People's Counsel under Section 2-150. The contract may be canceled at any time by a resolution adopted by an affirmative vote of 6 Councilmembers.

      (B)   Any attorney employed or retained as the People's Counsel must:

        (i)   be a member of the bar of the Court of Appeals of Maryland;

        (ii)   have at least 5 years experience in the practice or teaching of law; and

        (iii)   have substantial experience with land use legal issues and procedures.

      (C)   Any attorney employed or retained as the People’s Counsel must not represent any client, other than as People’s Counsel,  in any matter involving land use in Montgomery or Prince George’s County.

      (D)   Any attorney employed or retained as the People’s Counsel must not, within one year after the attorney’s service as People’s Counsel ends, represent any party in any proceeding involving land use in the County.

    (4)   Office of Zoning and Administrative Hearings.

      (A)   The County Council, by a majority vote of Councilmembers in office, may appoint one or more hearing examiners of the Office of Zoning and Administrative Hearings, and designate a hearing examiner or the Executive Director of the Office of the County Council as Director of the Office.

      (B)   The County Council also may retain one or more hearing examiners as independent contractors, and may designate a contract hearing examiner as chief hearing examiner.  Chapter 11B does not apply to any contract for hearing examiner services.

      (C)   The hearing examiners are not merit system employees.

      (D)   The Director must appoint and supervise the merit system employees of the Office.

  (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.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 2. Administration.

### Article I. In General.

**Sec. 2-1. Reserved.**

**Sec. 2-2. Reserved.**

**Sec. 2-3. Reserved.**

**Sec. 2-4. Reserved.**

**Sec. 2-5. Use of consular registration cards for identification.**

  Any County department or office may accept a valid consular registration card as personal identification or proof of residence.  In this Section, "consular registration card" means an identification card issued by a foreign government to one of its nationals living in the United States after sufficient verification of the card holder's identity and place of residence.  The County Executive must issue regulations under method (3) listing the countries that impose verification requirements that reasonably ensure the reliability of information on a consular registration card. At least once every 12 months, the Executive must review the list and may add or delete a country by regulation under method (3).

**Sec. 2-6. Special deputy sheriffs.**

  The Sheriff of the County, on application of any corporation or individual, may appoint special deputy sheriffs for duty in connection with the property of, or under the charge of, such corporation or individual; such special deputy sheriffs to be paid wholly by the corporation or person on whose account their appointments are made. Such special deputy sheriffs shall hold office at the pleasure of the sheriff and shall have the same power and authority as deputy sheriffs possess within the area to which they are appointed and in no other area.

**Sec. 2-7. Location of Sheriff's office; compensation of Sheriff; required use of vehicle.**

  (a)    Location of office.  The County Sheriff must hold an office at the courthouse and attend the office at all times, except Sunday, in person or by deputy, for the transaction of business.

  (b)    Salary.

    (1)   Except as provided in paragraph (2), beginning on December 6, 2010, the Sheriff must receive an annual salary of $154,000.

    (2)   Beginning on December 2, 2013, the Sheriff’s salary must be adjusted annually on the first Monday in December by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year.

  (c)    Use of vehicle.  The Sheriff must use a County vehicle, at County expense, to travel to and from work, in order to maintain communication with the Sheriff’s office and other County officials.

**Sec. 2-8. Agreements for establishing emergency plans and procedures.**

  The county executive is hereby authorized to enter into agreements with any organizations and agencies, now or hereafter created for the purposes of establishing emergency plans and procedures, whereunder the county may request assistance from such other organizations and agencies during times of emergency; provided, that any such agreement shall not bind the county to provide reciprocal assistance to any such organization or agency.

**Sec. 2-9. County vehicles-Storage, parking, markings or identification, designation and use generally.**

  Storage, parking, markings or identification, designation and use of county vehicles shall be provided for in executive regulations adopted by the county executive under method (3) of section 2A-15 of this Code; provided, that in accordance with section 2-10, such vehicles shall be used only for official county business.

**Sec. 2-10. Same-Unauthorized use or use for other than official business.**

  Unauthorized use or use of county vehicles for other than official county business is prohibited.

### Article Ii. Powers of County Generally.

**Sec. 2-11. Corporate powers generally.**

  (a)   In addition to its corporate powers heretofore granted, the county is hereby authorized and empowered:

    (1)   To acquire by purchase, gift, devise or bequest, sites for county schools and to enlarge or improve such sites and to construct, alter, enlarge, improve, develop or extend existing county schools, and to construct new school buildings and purchase the physical equipment necessary or incident thereto and to purchase, construct or otherwise acquire any other buildings or equipment other than schools considered necessary for educational purposes.

    (2)   To acquire by purchase, gift, devise or bequest rights-of-way for county roads and to layout, open, construct, improve, extend and replace county roads, streets, highways, culverts, viaducts and bridges.

    (3)   To contribute toward the cost of highway projects of the state roads commission located in the county.

    (4)   To enlarge, renew, replace, alter and improve existing county public buildings and to acquire by purchase, gift, devise or bequest sites for and to construct or otherwise acquire new buildings to be used for any legal governmental or municipal functions.

    (5)   And provided further that the county may contract or covenant with the government of the United States and of the state and with any commission, board, district or authority for the purpose of carrying out the powers conferred by this section, including the method of financing in whole or in part the projects authorized herein.

  (b)   This section shall be deemed to provide an additional and alternative method for the doing of the things authorized hereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. This section, being necessary for the welfare of the inhabitants of the county, shall be liberally construed to effect the purposes hereof. All acts and parts of acts, however inconsistent with the provisions of this section, are hereby repealed to the extent of such inconsistency.

**Sec. 2-11A. Evaluation of reorganization.**

  (a)    Within two (2) years following the effective date of this section, and periodically thereafter, the county executive shall cause to have evaluations made of the departments, offices and agencies herein created, with the exception of the office of management and budget which will be evaluated by the office of legislative oversight at the direction of the county council. Such evaluations will include, but not necessarily be limited to:

    (1)   The validity of the original goals, objectives and performance criteria stated as the rationale for creation of the department, office or agency, to the extent that they reflect the intent and purposes envisioned by the county council.

    (2)   The effectiveness with which these goals, objectives and performance criteria have been accomplished.

    (3)   The efficiency with which the department, office or agency has operated.

    (4)   An assessment of other activities and consequences not specifically anticipated at the time the department, office or agency was created.

    (5)   Recommended changes in the goals, objectives, performance criteria, programs and operating procedures of the department, office or agency, which would, in the opinion of the evaluators, improve the ability of the department, office or agency to meet its intended purpose in an effective and efficient manner.

  (b)    A report by the county executive of each evaluation pursuant to this section shall be transmitted in writing to the county council, within two (2) years of the effective date of this law. Except as otherwise provided in subsection (c) of this section, all reports shall be made available to the general public.

  (c)    Within 15 days after receipt of a written report from the County Executive, the Council must determine whether the report, or any part of the report, must not be made public. The only basis on which a report or any part of a report may not be made public is if the report or part contains information that would not be available for public inspection under Title 10, Subtitle 6 of the State Government Article of the Maryland Code.

  (d)    If a report or any part of a report is not made public by the council, the county executive shall promptly release to the public a general summary of the report or part together with the reasons why the report or part was not made public.

  (e)    Reports by the office of legislative oversight will be submitted in writing to the county council pursuant to section 29A-9 (reports) of this Code.

  (f)    The evaluations pursuant to this section will be in addition to the annual audit required by section 315 of the charter of Montgomery County.

**Sec. 2-12. Police powers generally.**

  The council in its discretion shall have full power and authority to enact ordinances for the county as it may deem necessary for the peace, good government, health, safety or welfare of the county, and which are not inconsistent with the provisions of the constitution or public general laws or public local laws of the state, subject, however, to the following limitations and restrictions:

  (a)   That the council shall not have power to license, regulate, prohibit or submit to local option, the manufacture or sale of alcoholic beverages.

  (b)   That nothing in this section contained shall be construed as a grant of additional powers to the council to authorize the issuance or renewal of any bonds, certificates, notes or other evidences of indebtedness of the county, except as now or hereafter provided by public general or local law.

**Sec. 2-13. Public emergency powers-Generally.**

  The county executive is hereby authorized and empowered to use or to direct the use of any and all facilities, equipment, buildings and land belonging to the county, including trucks, school buses, motors, tools, buildings and any other equipment and property of the county for such purposes and in such manner that shall be necessary for the welfare and benefit of the citizens of the county for the duration of the war or other public emergency and thereafter and also, subject to any contractual obligations to the contrary, to direct any employees hired by the county in connection with the operation and maintenance of facilities, equipment, school buses and trucks to perform such duties, as will, in the discretion of the county executive aid the war effort and any other emergency use to promote the general welfare and benefit of the county; and the county executive may prescribe a pecuniary charge against any person, using such equipment, facilities, buildings and land provided by the county executive in the exercise of authority and power, and in the exercise of this power and authority the county executive is further authorized to purchase and hire additional equipment to carry out the purposes of this section and to establish parking lots. The jurisdiction or regulatory power of the public service commission shall not extend to the special transportation facilities, activities and services furnished in the exercise of authority and power by the county executive and the county executive is hereby further authorized and empowered to pay for the services, facilities, and the purchase and hire of additional equipment from any fund that may be available or that may be made available or levied for.

**Sec. 2-14. Same-Appropriations.**

  The council is hereby authorized and empowered to appropriate at any time or from time to time, either in the annual budget appropriation or by interim resolution, such sum as they may by resolution declare to be necessary or expedient for public defense in time of actual or impending war, insurrection, riot or other emergencies such as floods, fires, disasters or epidemics of disease, and for the defense of the county or the safeguarding of its people or property, and to alleviate suffering in time of actual or impending disaster or peril or to otherwise aid the state or the United States in connection with national defense, or for any other purpose necessary for the preservation of the public health, safety or welfare in the county, and to borrow upon the faith and credit of the county such sum as may be necessary to carry out the provisions of this section.

**Sec. 2-15. Same-Arms and ammunition; civilian defense personnel; regulations, etc.**

  In order to carry out the provisions of sections 2-14 through 2-16 of this Code, the county executive may provide and furnish arms and ammunition to the citizens of the County or to the militia of the state, and may provide and furnish any or all persons engaged in public defense within the county with protective armor and such other equipment and supplies and also purchase, rent, hire and maintain lands, buildings, and equipment as may be considered to be necessary and proper. The county executive may engage the service of persons charged with assisting in public defense and may, with the approval of the council, fix the compensation of such persons, including the payment for services heretofore rendered in connection with the civilian defense activities of the county, and may do all other things needful and necessary to protect and safeguard the people and property within the county from actual or threatened armed invasion or insurrection, and may alleviate their suffering resulting from fire, flood, disaster or epidemic of disease, or other such emergencies. The county executive is authorized to adopt regulations under method (2) of section 2A-15 of this Code to protect the citizens of the county during blackouts, practice air raid alarms, air raids and invasion. All acts done and all money expended by  the county for such purposes, either heretofore or hereafter, including the purchase of equipment for civilian defense organization and maintenance, the employment of administrative and technical aid in the interest of civilian defense, the purchase of medical supplies for casualty stations, and the purchase of arms, ammunition and providing and furnishing of telephone service and other service and supplies are hereby ratified and confirmed as just and lawful acts of the county.

**Sec. 2-16. Borrowing money.**

  (a)   In order to further carry out the provisions of sections 2-14 through 2-16 the Council may at any time, or from time to time, borrow on the faith and credit of the county such sum of money or other article of value in an amount not to exceed the appropriations made under sections 2-14 and 2-15 by public or private sale of certificates of indebtedness, or other evidence of debt, or by direct negotiation with any state or national banking institution or other lending agency.

  (b)   The Council may also issue certificates of indebtedness or promissory notes in denominations and amounts, and at interest rates and for periods not exceeding two years as the Council by resolution determines. Such certificates of indebtedness or promissory notes must be executed by the County Executive and attested by the Clerk of the Council. Such promissory notes or certificates of indebtedness may be renewed or reissued at any time or from time to time or may be funded by an issue of serial bonds having an average maturity of not more than ten years from the date of issue.

  (c)   The bonds, certificates of indebtedness, promissory notes or other evidences of debt issued under this Section must be specifically exempted from sections 8, 9 and 10 of article 31 of the Maryland Code, and from any other public general or local law of Maryland which conflicts with Sections 2-14 through 2-16. All evidences of debt issued pursuant to Sections 2-14 through 2-16 and the interest thereon must be exempt from all  state, county and municipal taxes. All debt incurred under Sections 2-14 through 2-16 must be until paid the obligation of the County issued upon its full faith and credit.

**Sec. 2-17. State of public emergency.**

  (a)    Definitions.

    (1)   Public Emergency.

      (A)   A riot or unlawful assembly characterized by the use of actual force or violence, or any threat to use force or violence if accompanied by immediate power to execute the threat, by a group of persons acting together without authority of law.

      (B)   Any natural or man-made disaster, including a flood, fire, storm, tornado, earthquake, or explosion in the County resulting in death or injury or destruction of property requiring extraordinary measures to protect public health, safety and welfare.

      (C)   An attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States by any means.

    (2)   Curfew. A prohibition against any person traveling or remaining, on foot or on or in a vehicle, on any public street or place, or on any vacant land or other public or private property in the County or any specific part of the County.  During a curfew, a person must remain at the person's residence, employment or business, unless the person is on official public emergency duty or is otherwise expressly authorized to travel.

  (b)    Emergency powers.

    (1)   When the County Executive finds that a public emergency, as defined in subsection (a), exists, the Executive may immediately declare in writing a state of emergency.

    (2)   After declaring a state of emergency, the County Executive, to protect the public safety and welfare, may take any of the following actions:

      (A)   Curfew. Order a general or limited curfew applicable to the entire County or any specific geographic area of the County, during specific hours.

      (B)   Alcoholic Beverages. Order the closing or partial closing of all retail liquor stores and any other business, including a private club, where alcoholic beverages are served or sold, and restrict the consumption of alcoholic beverages in a public street or place or in any motor vehicle.

      (C)   Gasoline and Explosives.  Prohibit or limit the sale, distribution, or transport of gasoline or other explosive, flammable, or combustible products; and order the closing of, or otherwise restrict, gasoline stations and other businesses which sell, distribute, or otherwise use any explosive, flammable, or combustible product.

      (D)   Firearms and Ammunitions.  Prohibit or limit the sale, distribution, or transport of firearms or ammunition; and order the closing of, or impose any other restriction on, any person or business that sells, distributes, or transports firearms or ammunition.

      (E)   Weapons. Order that no person may carry, wear or otherwise transport personally or by vehicle any rock, bottle, club, brick, knife, gun, or any other weapon, or any incendiary missile, fire bomb, or explosive.

      (F)   Restricted Areas.  Designate any specific geographic area, street, or building as a restricted area, and order that no person may enter any restricted area unless in the performance of official duties or for other specified reasons.

      (G)   Facilities and Personnel. Require the use of any facility, equipment, building or land owned or controlled by the County or any other government agency located in the County as necessary during the emergency; direct the police or any other County employee to perform duties as necessary; and buy or rent equipment, materials, and property as necessary to protect life and property during the emergency.

      (H)   Other Orders. Issue any other order immediately necessary to protect life and property during a declared emergency.

    (3)   A state of emergency expires after 3 days unless during that period the County Council approves its continuation.  If the Council is not able to meet during the 3-day period, the Council President or the President's designee may extend the state of emergency until the Council can meet.

    (4)   The Executive, or the Executive's designee, must notify and consult with the Council President, or the President's designee, to the extent circumstances permit, before announcing a state of emergency to the news media and public.

    (5)   The Executive, or the Executive's designee, must notify the Council President, or the President's designee, each time the Emergency Management Group, or any subgroup of the Emergency Management Group, is activated.

    (6)   A state of emergency and any order issued under it takes effect immediately. The Executive must promptly issue a news release or other announcement, and publicize any actions taken by all means reasonably available under the circumstances.

    (7)   Within 30 days after the end of any state of emergency or any other incident that required the activation of the Emergency Management Group or any subgroup of the Emergency Management Group, the Executive or the Executive's designee must inform the Council of the facts of the event; any casualties, damages, or costs; and long-term implications of the event.  Within 60 days, the Executive or the Executive's designee must give the Council an update of the initial briefing and a list of lessons learned.

  (c)    Penalty.

    (1)   Any order issued under subsection (b) may provide that any violation of the order is a class A violation.

    (2)   Any person who refuses to leave any site of a disorder or unlawful assembly during a state of emergency, after having been ordered to leave by the police or any other lawful authority, has committed a class A violation.

  (d)    Authority to enter into agreements. The County Council may enter into agreements with any municipality, county or state or federal agency, or private party, to render emergency and supplemental services or fire or police protection during a fire, disturbance, or other public emergency that requires extra assistance.

**Sec. 2-17A. Maryland Emergency Management Assistance Compact.**

  The County adopts the Maryland Emergency Management Assistance Compact codified in § 14- 803 of the Public Safety Article of the Maryland Code.

**Sec. 2-18. Continuity of government.**

  (a)   Definitions.

    (1)   Unavailable shall mean either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the local incumbent of the office and his duly authorized deputy or deputies are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office; except that no member of the county council shall be "unavailable" until declared to be "unavailable" by a resolution of the county council passed by a majority of the council members present and voting.

    (2)   Public emergency is as defined in section 2-17.

    (3)   Duly authorized deputy shall mean a person who is presently authorized to perform all of the functions, exercise all the powers and discharge all the duties of an office in the event the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer.

    (4)   Emergency interim successor shall mean a person designated pursuant to this section for temporary succession to the powers and duties, but not the office, of a county official in the event such official or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.

  (b)   Designation, status, qualifications and term of emergency interim successors.

    (1)   County Council. In the event that one or more members of the county council are declared "unavailable" pursuant to this section during a proclaimed state of public emergency, a majority of the remaining council members may designate an "emergency interim successor" to the powers and duties of such unavailable council member or members. In the event that the remaining council members fail to act or are unable to act within a reasonable time during the state of public emergency and the appointment of "emergency interim successors" is required to enable the council to continue functioning, the county executive may designate "emergency interim successors" to the powers and duties of any unavailable council members.

    (2)   County Executive. In the event that the county executive shall become unavailable during a proclaimed state of public emergency, the chief administrative officer and a minimum of two (2) additional members of the executive branch, with rank in order of succession following the chief administrative officer as specified by the county executive and filed with the county council, shall constitute the emergency interim successors for the county executive and shall, in the order in which they are listed, succeed to the powers and duties of the county executive.

    (3)   Designation. The county executive, after receiving the advice of the chief administrative officer, shall, within the thirty (30) days after taking office or within thirty (30) days after the appointment or reappointment of the chief administrative officer and each head of each principal department, office or agency of the executive branch, designate "emergency interim successors" for himself or herself and for such chief administrative officer and such heads of each principal department, office or agency of the executive branch and specify their rank in order of succession after any duly authorized deputy so that there will be not less than three (3) duly authorized deputies or "emergency interim successors" or combination thereof for each official.

    (4)   Review of Designation. The county executive shall review at least annually and, as necessary, revise all executive designations of  "emergency interim successors" to ensure that, at all times, the required number of persons are duly listed as available or designated as "emergency interim successors."

    (5)   Qualifications. No person shall be designated or serve as an "emergency interim successor" unless he may under the constitution and statutes of this state and the charter or laws of this county, hold the office of the person to whose powers and duties he is designated to succeed. No provision of the charter of Montgomery County or any local law prohibiting an officer or an employee of this county from holding another office shall be applicable to any "emergency interim successor." No person shall be designated as an "emergency interim successor" to the powers and duties of any appointed official of the executive branch of the county government unless such person is a regular employee or official of the same department, office or agency as the official to whose powers and duties he is designated to succeed; provided, that this restriction shall not apply to "emergency interim successors" to the powers and duties of the chief administrative officer.

    (6)   Status of "Emergency Interim Successor." A person designated as an "emergency interim successor" holds that designation at the pleasure of the designator; provided, that he must be replaced if removed. He retains this designation as "emergency interim successor" until replaced by another appointed by the authorized designator.

  (c)   Assumption of powers and duties by "emergency interim successors." In the event that any incumbent named in paragraphs (2) and (3) of subsection (b) of this section and any duly authorized deputy is unavailable during a proclaimed state of public emergency, his "emergency interim successor" highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint "emergency interim successors," exercise the powers and discharge the duties of such incumbent. All "emergency interim successors" shall exercise these powers and discharge these duties only until such time as the lawful incumbent or any duly authorized deputy or "emergency interim successor" higher in rank in order of succession exercises or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law.

  (d)   Filing of order of succession. The name, address and rank in order of succession of each duly authorized deputy shall be filed with the county council and each designation, replacement, or change in order of succession of an "emergency interim successor" shall become effective when the designator files with the county council the successor's name, address and rank in order of succession. Data regarding duly authorized deputies and "emergency interim successors" shall be kept on file and shall be open to public inspection.

  (e)   Formalities of taking office. At the time of their designation, "emergency interim successors" shall take such oath and so such other things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed.

  (f)   Suspension of charter provisions. A proclamation of a state of public emergency under section 2-17(b)(1) suspends the following provisions of the County charter:

    (1)   section 102, except for the provision that establishes the number of councilmembers and the provisions that each member shall be a qualified voter of Montgomery County; and

    (2)   the provision of section 308 requiring that each emergency appropriation shall specify the revenues necessary to finance it.

  (g)   Voting requirements. In the event of a proclamation of a state of public emergency where the affirmative vote of a specified number or proportion of members of the county council for approval of an act, ordinance, or resolution would otherwise be required, the same proportion of those voting thereon shall be sufficient.

  (h)   Prior publication notice and public hearing. In the event of a proclamation of a state of public emergency those charter and statutory provisions requiring prior publication, public notice or public hearings for the enactment of legislation or for the performance of official acts are suspended. Such notice or publication shall be accomplished as soon as practicable following the enactment of the legislation or the performance of the official act. In no event shall such notice or publication be delayed more than a reasonable time following the end of a state of public emergency.

**Sec. 2-19. Authority to provide legal assistance to indigent defendants.**

  The county council is hereby authorized to adopt ordinances to effect the establishment of a commission, board, agency or department-level organization to provide the necessary personnel, services, and liaison with other state and county organizations, both public and private, in order to assure adequate legal assistance to indigent defendants in criminal matters before the courts of the county.

**Sec. 2-20. Power to subpoena witnesses and administer oaths.**

  (a)   The county council shall have power to issue subpoenas for witnesses, and the president thereof shall have power to administer the oath to any witness who may be examined before the council, such oath to have all the qualities of an oath taken before any other judicial tribunal or officers, and violations thereof to be punishable as other perjuries are punishable.

  (b)   All council subpoenas shall be executed by the council president or a duly authorized designee and may be served by the sheriff of the county or any person who could lawfully serve a subpoena in a civil case.

  (c)   Failure to comply with a subpoena duly issued under this section shall be a misdemeanor and any person, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or sentenced to not more than six (6) months in jail, or both; in addition thereto, the county may institute injunctions, mandamus or any other appropriate actions or proceeding of law or in equity to require compliance with a subpoena duly issued under this section.

**Sec. 2-21. Soil erosion.**

  The county council is hereby authorized to adopt, from time to time, after reasonable notice and opportunity for public hearing and with or without modifications, ordinances and amendments thereof, for the protection and promotion of public safety, health, morals, comfort and welfare, relating to the control of problems of soil erosion and to the preservation of the natural topography in newly developed and other areas. Such ordinances shall contain reasonable standards and may include provisions for the administration and enforcement of such standards, including bonds, permits, licenses and appropriate fees therefor, approval of plats for proposed subdivisions, reports, inspection of premises necessary for such administration and enforcement and provisions providing penalties for the violation of such standards. In addition, the county may institute injunction, mandamus or other appropriate action or proceeding to prevent any violation of such standards, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief. Such ordinances shall be adopted in accordance with the procedure prescribed in section 2-105 of this Code.

**Sec. 2-22. Firearm regulations.**

  (a)   The council is hereby authorized to adopt and amend by ordinance such regulations concerning the sale, carrying and use of firearms and other dangerous weapons within the county or parts thereof as it shall deem necessary to promote the public safety, morals and welfare.

  (b)   Any ordinance adopted pursuant to the authority of this section shall be adopted in accordance with procedures prescribed in section 2-97.

**Sec. 2-23. Regulation of obstructions on public property.**

  The  council is hereby authorized to adopt and amend by law, whenever it shall deem the same necessary to promote the public safety and welfare, regulations concerning the obstructing or the placing upon the surface of public sidewalks, streets, curbs, gutters and other public rights-of-way, any objects for the purpose of display, advertisement, sale, rent or related purposes.

### Article Iii. Executive Branch.

#### Division 1. Generally.

**Sec. 2-24. District of Columbia Water and Sewer Authority-County Representatives.**

  The County Executive, subject to confirmation by the County Council, must recommend to the Mayor of the District of Columbia one or more persons to serve as members of the Board of Directors of the District of Columbia Water and Sewer Authority, or any successor or substitute body appointed by the Mayor, and one or more other persons to serve as alternate members of that Board. If any other body is created by federal, state, or District of Columbia law to perform any function related to the Blue Plains Wastewater Treatment Plant, any successor facility, or any other part of the metropolitan area water and sewer system in which the County participates, the Executive, subject to confirmation by the Council, must appoint all representatives or members to which the County is entitled. The persons recommended or appointed may, but need not, be officers or employees of the County.

**Sec. 2-25. Planning implementation.**

  (a)    Generally. The planning implementation purposes of the Office of the County Executive are to:

    (1)   Implement the land use planning powers granted to the County Executive by State and County legislation;

    (2)   Coordinate and facilitate the development of executive branch planning policies, thereby ensuring consistency and responsiveness; and

    (3)   Promote an understanding of executive planning policies by County residents and other County public officials.

  (b)    Duties. The Office of the County Executive has the following planning implementation functions:

    (1)   Recommend planning policies to the County Executive;

    (2)   Develop and implement procedures for participation by the executive branch in the preparation of master plan amendments, and for reviewing, analyzing and commenting on draft master plan amendments before these amendments are transmitted to the County Council;

    (3)

      (A)   Review and make recommendations to the County Executive on amendments to the zoning ordinance and subdivision regulations;

      (B)   Recommend approval or disapproval of subdivision regulation amendments after Council action;

    (4)

      (A)   Review the Planning Board's draft growth policy and recommend revisions to the Executive;

      (B)   Coordinate the use of information in this draft with the formulation of capital improvements program recommendations;

      (C)   Draft comments on the Planning Board's proposed growth policy for submission to the County Council;

    (5)   Recommend criteria for adequacy of public facilities, and coordinate Executive recommendations to the Planning Board on whether public facilities are adequate for each preliminary subdivision plan considered by the Board;

    (6)   Provide leadership and staff support to the planning policies committee;

    (7)   Facilitate interagency analysis of planning policy issues and documents, and ensure that the perspectives of all executive branch agencies are considered in the formulation of planning policies;

    (8)   Ensure that executive branch planning policies incorporate community views;

    (9)   Facilitate communication with the Planning Board, the Council, and the municipalities on planning policies; and

    (10)   Such other planning policy functions and responsibilities as the County Executive directs.

  (c)   Coordination of master-planned development.  The Executive must designate an employee in the Office of the Executive or the Office of the Chief Administrative Officer as the development coordinator for each planning area for which a newly revised master or sector plan has authorized intensive new development or redevelopment.  Among other duties, the Coordinator must:

    (1)   coordinate the financing and development of County infrastructure in that planning area;

    (2)   advise the Executive, the Council, the Chief administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to expedite the financing and development of County infrastructure in that planning area;

    (3)   serve as primary point of contact regarding the financing and development of County infrastructure and associated State and private infrastructure for residents and businesses located or potentially located in or near that planning area and the developer of any development located in that planning area;

    (4)   acquire and distribute mode share measurements (and related data and methodology) and results for monitoring of a master or sector plan, and make that information publicly available; and

    (5)   advise the Executive and Council about any other action needed to assure that all required infrastructure keeps pace with private development in that planning area.

#### Division 1A. Office of the County Executive.

**Sec. 2-25A. Office of Internal Audit — Functions.**

  The Office of Internal Audit is part of the Office of the County Executive.  The Office of Internal Audit must conduct its work in accordance with professional standards relevant to internal audit.

  (a)   Duties.  The Office must:

    (1)   must periodically conduct a risk analysis, to identify areas of risk in accountability systems;

    (2)   based on the risk analysis, conduct fiscal, contract, compliance, internal control, performance, and information system audits, and attestation engagements;

    (3)   undertake investigative audits and audits required by law;

    (4)   provide advice to County departments and offices on internal control issues;

    (5)   communicate actions necessary to enhance accountability; and

    (6)   conduct other investigations and audits as directed by the Chief Administrative Officer.

  (b)   Annual work plan.  The Office must create an annual workplan subject to the approval of the Chief Administrative Officer.  The workplan must include the risk analyses and audits required under subsection (a).  The Chief Administrative Officer must submit the annual work plan to the Council for review and comment on or before each June 1.

  (c)   Annual report.  The Office must submit a report to the Inspector General on or before each September 15.  The report must include the Executive’s implementation of each written recommendation:

    (1)   made by the Inspector General in the previous fiscal year;

    (2)   made by the Office in the previous fiscal year; and

    (3)   identified by the Office of Legislative Oversight for action by the Executive in the previous fiscal year.

**Sec. 2-25B. Business Advancement Team.**

  (a)   Definitions. As used in this Section:

    Team means the Business Advancement Team.

    Navigator means the Small Business Navigator designated by the Executive under subsection (c).

    Small business means a privately owned business that meets the requirements of Section 11B-65(a).

  (b)   Establishment of Team. The Executive must create and administer a Business Advancement Team that includes a Small Business Navigator. The Team must be part of the Office of the County Executive.

  (c)   Small Business Navigator. The Executive must designate an employee as the Small Business Navigator. Among other duties, the Navigator must:

    (1)   advise the Executive, the Council, the Chief Administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to assist small businesses to comply with County requirements and regulations;

    (2)   promote communications between a small business and each County department or agency that the small business must interact with;

    (3)   develop and maintain a database of information necessary for a small business to comply with County requirements and regulations;

    (4)   advise small businesses on how to comply with County requirements and regulations; and

    (5)   identify changes to regulations and requirements that would improve turnaround, eliminate duplication, resolve conflicts in authority, and eliminate unnecessary regulations and requirements.

  (d)   Additional duties for the Team. In addition to the duties of the Small Business Navigator described in subsection (c), the Team must:

    (1)   provide constituent services for businesses operating in the County or planning to operate in the County, including:

      (A)   communicating about new and revised County laws and regulations affecting County businesses;

      (B)   outreach;

      (C)   providing publications on County policies;

      (D)   operating workshops and conferences;

      (E)   convening targeted business events;

      (F)   providing oversight and leadership on business programs including:

        (i)   incubator management;

        (ii)   economic development incentives and financing programs;

        (iii)   business development projects; and

        (iv)   other business-related special initiatives;

    (2)   serve as a point of contact for County businesses seeking to comply with County requirements and regulations; and

    (3)   assist County businesses to interact with other State, County, and local government agencies.

  (e)   Reports. On or before September 15 of each year, the Executive must report to the Council on the activities and recommendations of the Team.

**Sec. 2-25C. Director of County Climate Policy.**

  The Executive must designate an employee as the Director of County Climate Policy. Among other duties, the Director must:

  (a)   advise the Executive, the Council, the Office of Sustainability in the Department of Environmental Protection, the Office of Energy and Sustainability in the Department of General Services, the Department of Transportation, and any other appropriate government agency, on the best means to achieve climate goals as defined by the Director;

  (b)   promote coordination between the Office of Sustainability, the Office of Energy and Sustainability, the Department of Transportation, and the employee designated under Section 18A-10(a) to provide executive direction regarding energy policy and planning;

  (c)   coordinate climate efforts with County agencies including the Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, Montgomery County Public Schools, and Montgomery Community College;

  (d)   promote coordination of climate efforts between the County, County agencies, state and federal agencies, and appropriate non-governmental organizations;

  (e)   coordinate the development of public awareness programs to encourage residents, businesses, and other groups to participate in the County’s climate goals, including the reduction of greenhouse gas emissions; and

  (f)   recommend legislation to the County Executive and County Council necessary to achieve climate goals.

**Sec. 2-25D. Office of Labor Relations.**

  (a)   The Office of Labor Relations is part of the Office of the County Executive. The Office is headed by the Chief Labor Relations Officer.

  (b)   The Office must:

    (1)   formulate and implement the County’s labor and employee relations policies;

    (2)   serve as the employer’s representative in collective bargaining, including any impasse or interest arbitration;

    (3)   serve as the employer’s representative in all matters before the Permanent Umpire and the Labor Relations Administrator, including prohibited practice charges;

    (4)   advise employees, managers, and supervisors on labor and employee relations matters, including implementation of collective bargaining agreements and the personnel regulations; and

    (5)   process grievances arising under a collective bargaining agreement or the personnel regulations.

  Sec. 4.  Budgeting and Reduction-In-Force.  The Office of Labor Relations is separate from the Office of the County Executive for purposes of budgeting and any reduction-in-force.

**Sec. 2-26. Non-merit positions.**

  The following positions in the Office of the County Executive are non-merit positions:

  (a)   5 Directors of the Regional Services Centers;

  (b)   Director, Office of Community Partnerships;

  (c)   Director of Strategic Partnerships;

  (d)   4 Assistant Chief Administrative Officers;

  (e)   2 Special Projects Managers; and

  (f)   Chief Labor Relations Officer.

  (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.

#### Division 2. Department of Housing and Community Affairs.

**Sec. 2-27. Functions and organization.**

  (a)   Generally.  The Department of Housing and Community Affairs has the following functions:

    (1)   Affordable housing programs.

    (2)   Community development programs.

      (A)   Urban renewal and community development projects.

      (B)   Relocation services for families and businesses displaced by governmental actions.

    (3)   Housing standards enforcement, and related activities.

    (4)   Landlord-tenant relations.

    (5)   Common ownership community relations.

    (6)   Other functions designated by law.

  (b)   Non-merit position.  The position of Deputy Director is a non-merit position.

  (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.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 2-27A. Procedures to monitor, review and coordinate the county housing and development authorization process.**

  (a)   Purpose. It is the purpose of this section to provide for:

    (1)   A continuing review and analysis of the housing and development authorization process whereby the respective standards, codes, permitting procedures and other regulatory requirements associated with housing construction and rehabilitation and with commercial and industrial development may be identified; public health, safety, aesthetic, environmental and other social or economic benefits of such requirements estimated; and economic costs in time and dollars for regulation of various types of construction and development similarly estimated;

    (2)   An assessment of the economic and fiscal impacts of all new and revised regulatory requirements proposed for application to the housing and development process;

    (3)   A review by the County Executive of the relative benefits and costs associated with regulatory requirements identified and analyzed;

    (4)   A continuing and systematic exchange of ideas, criticisms and recommendations for improvement in regulatory machinery between the County agencies involved in the regulation of construction and development and organizations representing the concerned parts of the private sector in the County;

    (5)   Formulation of proposed improvements to the building permit and authorization process in order to decrease the time required for approvals;

    (6)   In accord with the County's economic development policies, an ombudsman and facilitator function to serve new business considering location within the County as well as expediting individual permit applications;

    (7)   Submittal by the County Executive of periodic and special reports on the foregoing to the County Council and the public; and

    (8)   Assignment of appropriate organizational responsibilities to implement these objectives.

  (b)   Cost-benefit analyses of regulatory requirements.

    (1)   The County Executive shall establish procedures for analyzing and assessing the relative benefits and costs associated with major elements of the development authorization and regulatory processes as they apply to residential, commercial and industrial construction and development with attention to new construction and rehabilitation. Such elements shall include but not be limited to:

      a.   Construction codes, especially those provisions that represent a more strict or stringent requirement than the relevant national code;

      b.   Fire safety requirements;

      c.   Road and street specifications for subdivision formation and site development;

      d.   Housing and other occupancy codes, permits and requirements; and

      e.   Sedimentation and soil erosion requirements.

    (2)   In conducting these cost-benefit analyses, consideration must be given to the publications, views, and assessments of:

      a.   The responsible County agencies, including the Departments of Fire and Rescue Services, Permitting Services, and Environmental Protection, Park and Planning Commission, and Soil Conservation District;

      b.   Local, state and national safety and environmental standards, and similar organizations and groups, especially results of research and studies that quantify benefits to health, safety, aesthetic and other quality of life values; and

      c.   Findings, assessments and views of the County's business community.

    (3)   Based upon the foregoing reviews and analyses, the County Executive from time to time shall initiate such changes as would bring costs and benefits into the most advantageous and balanced relationship in light of environmental, health and safety and economic development objectives of the County. Subsequent to public notice and hearing, the County Executive shall initiate the appropriate changes through administrative action, excluding fire safety and construction codes; he shall submit proposed legislation to the County Council or initiate recommendations to any other state, federal or other bodies or agencies about appropriate legislative or administrative action.

  (c)   Economic impact of proposed new regulatory requirements.

    (1)   Upon receipt of any proposal for new or reduced requirements to be added to the development and authorization process, the County Executive must obtain from the Director of Housing and Community Affairs, or another nonregulatory organizational unit or official to whom the County Executive assigns the responsibility, an assessment of the impact of the proposed change in requirements on the County economy, including the extent of added or decreased time or cost to construction or development, the extent of likely pass-through costs or economies to consumers, and the effect on the economic development objectives of the County.

    (2)   The County Executive shall balance the relative benefits and costs of the proposed change in requirements along with other relevant factors in arriving at a decision. Recommended legislation calling for new or reduced requirements shall be accompanied by cost-benefit analyses in its submittal to the County Council.

  (d)   Simplifying and streamlining the development process.

    (1)   The Director of Housing and Community Affairs must recommend ways to improve the development authorization process, including the possible conduct of certain phases of the process in parallel instead of in sequence, with the objective of reducing time and other costs imposed on housing and development. The Director must submit these proposals to the Departments of Environmental Protection, Permitting Services, and Fire and Rescue Services, the Park and Planning Commission, the County Executive, or other appropriate agencies for response.

    (2)   The Director shall, in consultation with the above mentioned County agencies, issue, maintain and update a manual for use by the business community describing the steps in the development authorization process. This manual shall include the requirements associated with the subdivision review process as compiled by the Montgomery County Planning Board.

    (3)   The Director shall convene conferences between the County business community and the County regulatory agencies for purposes of identifying problems and possible improvements in the development authorization process.

    (4)   In order that County government agencies, municipal and state agencies, the business community and the general public be kept informed of current anticipated regulatory changes, the Director shall publish twice annually an agenda of scheduled reviews or revisions of existing or proposed new regulations associated with housing, industrial, commercial and community development.

    (5)   The Director shall develop a system for tracking development proposals through the entire authorization process, including subdivision review, construction permitting and occupancy permitting and shall take, or recommend the taking of, appropriate steps to implement such a system.

  (e)    Ombudsman and expediter functions. The County Executive must designate an organization unit or official with responsibility for serving as an ombudsman and expediter on behalf of builders, developers and other business enterprises with regard to the development authorization process. The designated ombudsman may be filled by a non-merit position in the Office of the County Executive. The ombudsman may perform such activities as:

    (1)   Representing the County Executive in obtaining the cooperation of County, bi-County, and state agencies in expediting permit applications;

    (2)   Expediting individual permit applications in accord with the County's economic development policies. This may include at the request of the applicant and as an initial step in the entire development process, the convening of representatives of all offices and departments of the County, public agencies, boards and commissions likely to require public takings, construction or extension of public facilities, dedications or easements, for the purpose of ascertaining the general scope and nature of such public requirements;

    (3)   Conferring with agency liaison staffs and developers and builders to facilitate understanding of responsibilities and to eliminate processing obstacles.

  (f)   Annual report. As part of the annual report of the Department of Housing and Community Affairs to the County Executive and County Council, the Department must describe activities conducted, accomplishments achieved, and difficulties encountered in carrying out the objectives of subsection (d) and such other tasks as may be assigned to the Department.

#### Division 3. Department of Corrections and Rehabilitation.

**Sec. 2-28. Functions.**

  The department of correction and rehabilitation shall operate all programs pertaining to detention and rehabilitation of persons under the jurisdiction of the county government awaiting trial or having been convicted of a crime in violation of state, federal, county or other local laws.

#### Division 4. Department of Environmental Protection.

**Sec. 2-29. Functions.**

  The Department of Environmental Protection must:

  (a)   protect, preserve, and enhance the environmental resources of the County, including environmental planning, design, and development of disposal sites and facilities for public sewerage;

  (b)   develop programs and administer laws and regulations:

    (1)   to promote energy conservation; and

    (2)   to prevent or control air, water, and land pollution;

  (c)   develop programs and administer laws and regulations necessary to protect the public health and environmental quality;

  (d)   plan, design, develop, and manage solid waste facilities and programs, including collection, disposal, recycling, and waste reduction programs, and administer related licensing and regulatory programs and activities; and

  (e)   perform other environmental protection functions as directed by the County Executive.

**Sec. 2-29A. Non-merit position.**

  The position of Deputy Director in the Department of Environmental Protection is a non-merit position.

#### Division 5. DEPARTMENT OF GENERAL SERVICES.

**Sec. 2-30. Department of General Services — Functions.**

  (a)   Generally.  The Department of General Services must:

    (1)   acquire and dispose of real property, except real property used (or intended to be used) for right-of-way governed under Chapter 49, including roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkway systems;

    (2)   design and build County buildings, including public parking facilities under Chapter 60;

    (3)   maintain County vehicles, including heavy and light equipment and transit equipment;

    (4)   remodel and renovate County buildings, except public parking facilities under Chapter 60, which remain open during the remodeling or renovation;

    (5)   repair and maintain County buildings, except public parking facilities under Chapter 60;

    (6)   manage County property and identify and acquire real property needed for the operation of County government;

    (7)   plan and implement the use of space in County buildings; and

    (8)   operate mail, printing, duplication, and archiving services.

  (b)   Non-merit position.  The position of Deputy Director is a non-merit position.

  (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.

  Transition.  Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

  Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.

  Sec. 2. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Public Works and Transportation in connection with designing, building, and maintaining County facilities (except maintaining or renovating public parking facilities under Chapter 60, as provided for under Section 1 of this Act), maintaining County vehicles and equipment, acquiring and disposing of real property not associated with roads, bridges, and other related transportation facilities, and operating mail, printing, and duplication services, is transferred to the Department of General Services.

  Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues inn effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

  Sec. 4. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Economic Development in connection with the Small Business Reserve Program is transferred to the Department of General Services.

**Secs. 2-31—2-39. Reserved.**

#### Division 5A. Montgomery County Fire and Rescue System.

**Sec. 2-39A. Structure.**

  (a)   Public-private partnership.  The Montgomery County fire and rescue system is a public-private partnership, acting through the Montgomery County Fire and Rescue Service, with the advice of the Fire and Rescue Commission.

  (b)   Department of County government.  The Montgomery County Fire and Rescue Service is a department of County government under the County Charter.  The Fire Chief is Director of the Department.  The Department consists of a Division of Volunteer Services, a Division of Fire and Rescue Operations, and any other divisions necessary for effective management and administration of the Department.

  (c)   Local Fire and Rescue Departments.  The local fire and rescue departments and their volunteer members are an essential element of the Montgomery County Fire and Rescue Service because under Chapter 21 they furnish direct fire, rescue, and emergency medical services in conjunction with County employees in the Fire and Rescue Service.

  (d)   Duties.  The Montgomery County Fire and Rescue Service has the duties and responsibilities assigned in Chapter 21 and Chapter 22, in addition to any other duties assigned by law or by the County Executive.

#### Division 6. Reserved.

**Secs. 2-40-2-41B. Reserved.**

#### Division 7. Health Officer.

**Sec. 2-42. Health officer.**

  The County Health Officer:

  (1)   has the functions assigned by State law; and

  (2)   must be a licensed physician.

#### Division 7A. Department of Health and Human Services.

**Sec. 2-42A. Functions, powers, and duties.**

  (a)   Generally. The Department is responsible for providing a single integrated system for the provision of health and human services with other public and private agencies that provide health and human services in the County. Department services are supportive services that provide the basic necessities, such as food, clothing, and shelter to people, and those services that directly serve and protect the health, mental health, economic well-being, and social functioning of individuals and families. The Department administers programs and provides services in the areas of:

    (1)   individual and community health services;

    (2)   public health services; and

    (3)   human services to clients.

  (b)   Non-merit positions. The Department has 5 senior level management positions that are non-merit positions. These positions consist of a chief of Public Health Services; a chief of Services to End and Prevent Homelessness; a chief of Aging and Disability Services; a chief of Behavioral Health and Crisis Services; and a chief of Children, Youth, and Family Services.  The chief of Public Health Services also serves as the Deputy Health Officer.

  (c)   Powers of the Department. The Department may:

    (1)   administer contracts for services;

    (2)   plan, develop and administer programs;

    (3)   advise the Council and the County Executive;

    (4)   collect data on the health status of County residents, including health disparities and inequities, and on the need for services and the effectiveness of programs;

    (5)   collect fees;

    (6)   enforce regulations;

    (7)   engage in programs in cooperation with agencies of the State, the County, other political subdivisions and with private groups;

    (8)   enter into agreements in order to carry out its duties.

    (9)   provide information;

    (10)   maintain vital and case records;

    (11)   provide consultation;

    (12)   provide services;

    (13)   provide training;

    (14)   operate laboratories;

    (15)   conduct studies and investigations;

    (16)   provide direct access to health care;

    (17)   administer programs to reduce disparities in access to health care, preventive health services, and human services based on gender, race, ethnicity, and poverty;

    (18)   provide health education and promotion programs; and

    (19)   carry out any other functions that are necessary to achieve the purposes of this Section.

  (d)   Duties of the Department.

    (1)   The Department provides comprehensive health and human services planning and program evaluation.

    (2)   The Department must carry out functions as authorized and directed by:

      (A)   the County Executive,

      (B)   the County Board of Health; and

      (C)   State and County laws and regulations.

    (3)   The Department provides staff support to:

      (A)   the Commission on Children and Youth;

      (B)   the Commission on Aging;

      (C)   the Community Action Board;

      (D)   the Commission on Child Care;

      (E)   the Commission on People with Disabilities;

      (F)   the Alcohol and Other Drug Addiction Advisory Council;

      (G)   the Mental Health Advisory Committee;

      (H)   the Commission on Juvenile Justice;

      (I)   the Commission on Health;

      (J)   the Board of Social Services;

      (K)   the Adult Public Guardianship Review Board;

      (L)   the Victim Services Advisory Board;

      (M)   the Advisory Board for the Montgomery Cares Program;

      (N)   the Early Childhood Coordinating Council;

      (O)   the Interagency Commission on Homelessness;

      (P)   the Commission on Veteran Affairs; and

      (Q)   any program created to achieve health equity among County residents.

  (e)   Fees of services.

    (1)   The County Executive may set fees by regulation under method (3) for use of a service that the Department provides.

    (2)   The fee must not exceed the cost of the service provided.

    (3)   The Director may waive a fee if:

      (A)   the Director decides the waiver would promote the purposes of this Section; and

      (B)   the client cannot afford to pay the fee.

#### Division 7B. Department of Permitting Services.

**Sec. 2-42B. Functions; Advisory Committee.**

  (a)   Functions. The Department of Permitting Services is responsible for:

    (1)   reviewing building plans and specifications, building permits, occupancy permits, and licensing facilities for compliance with fire prevention law. In exercising these functions, the Director of Permitting Services may consult with the Fire Chief in all matters involving the interpretation, application, or revision of fire prevention laws and codes.

    (2)   code enforcement, inspection, and licenses (except where those functions are assigned by law to another department or agency), including:

      (A)   administering, interpreting, and enforcing the zoning law and other land use laws and regulations;

      (B)   administering, interpreting, and enforcing construction codes, and laws and regulations governing sediment control, stormwater management, floodplain management, special protection areas, and pond and excavation safety;

      (C)   issuing building, electrical, fire alarm, fire protection system, mechanical, stormwater discharge, and on-site water supply and sewage disposal permits;

      (D)   administering and enforcing agricultural preservation and historic resources laws and regulations; and

      (E)   administering and enforcing the fire safety code, pursuant to § 22-6(d).

  (b)   Advisory Committee.

    (1)   The County Executive must appoint, subject to confirmation by the Council, an Advisory Committee for the Department.  The Committee consists of 11 voting members and 6 ex-officio, non-voting members.  Each voting member must be appointed for a 3-year term and serves until a successor is confirmed.  The Executive must from time to time designate one voting member as chair and one as vice-chair.

    (2)   Of the 11 voting members:

      (A)   5 must be members of the regional service center advisory boards, with one member from each center’s board;

      (B)   2 must be active members of civic organizations in the County;

      (C)   2 must be active members of environmental organizations in the County; and

      (D)   2 must be active in land development or related professions.

    (3)   The ex-officio, non-voting members must be nominated respectively by the Director of Environmental Protection, the Director of Housing and Community Affairs, the Director of Transportation, the Fire Chief, the Planning Board, and the Washington Suburban Sanitary Commission.

    (4)   The Committee must advise the Department on the performance of its functions and recommend to the Director, the Executive, and the Council any steps necessary to improve the Department’s performance.  The Committee must meet at the call of the chair as often as required to perform its duties, but at least 4 times a year.  Section 2-148(c) does not apply to ex-officio members.  The Director must assign staff as the Committee needs to perform its duties.

  (a)   Regulations.  Any regulation in effect when this Act takes effect that implements a function transferred to the Department of Permitting Services or the Director of the Department of Permitting Services under Section 1 of this Act continues in effect, but any reference in any regulation to the Montgomery County Fire and Rescue Services or the Fire Chief from which the function was transferred must be treated as referring to the Department of Permitting Services and the Director of the Department of Permitting Services to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

  (b)   Responsibilities and rights.  Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Montgomery County Fire and Rescue Services or the Fire Chief in connection with a function, duty or authority transferred under Section 1 of this Act is transferred to the Department of Permitting Services and the Director of the Department of Permitting Services.

#### Division 8. Department of Police.

**Sec. 2-43. Organization and functions.**

  (a)   The Department of Police includes the County police and the Office of County Security. The Department has the authority, functions and activities prescribed by law.

  (b)   The Department has five non-merit positions: four Assistant Chief of Police (Sworn) positions and one Assistant Chief of Police (Civilian) position.

  (c)   Any reference in this Code or in regulation or other document to “superintendent of police” or “superintendent” means “Executive Director of Police,” or “Chief of Police,” or “Executive Director”.

  Sec. 2. The Chief Administrative Officer must abolish the following occupational classes on the date that the County Council confirms the third Assistant Chief of Police: (a) police lieutenant colonel; and (b) police major.  Until the classes are abolished, the Chief of Police must not appoint any other person to a position in these classes.

  Sec. 3. An employee of the Department of Police must not represent the Department or the County as an attorney in any administrative, quasi-judicial, or judicial proceeding.

#### Division 9. Department of Public Libraries.

**Sec. 2-44. Reserved.**

**Sec. 2-45. Powers, duties and functions.**

  The department of public libraries shall have the function of administering a county public library system with a central book depository, branches and stations, and bookmobile services for rural areas not adequately served by such branches and stations. Such branches and stations may be established and maintained in public schools and other public buildings in the county with the consent of the governmental authorities having jurisdiction over such buildings and in such other buildings as the council may provide.

**Sec. 2-46. Library board-Established; composition; term of members.**

  There is a Montgomery County Library Board composed of 13 members appointed by the Executive from the county at large, including 1 member recommended by Montgomery College, subject to the confirmation of the Council. The supervisor of school libraries is an ex officio member of the board. A member is appointed for a term of 3 years. A member appointed to fill a vacancy before a term expires serves the rest of the unexpired term.

**Sec. 2-47. Same-Powers and duties generally; recommendations.**

  The library board shall have authority on its own motion, or on reference from the county executive, to inquire into matters affecting the county public library system including the acquisition and location of new library facilities, the adequacy of book collections, services to outlying districts and personnel needs of the department of libraries, and to make recommendations thereon to the county executive.

**Sec. 2-48. Same-Election of chairman, etc.; adoption of bylaws.**

  The library board is authorized to elect a chairman and other officers, to establish such committees of its members, and to adopt such bylaws for the conduct of its affairs as it deems advisable.

**Sec. 2-49. Library Board-Compensation of members; meetings.**

  The members of the library board serve without compensation. The board meets as often as its members deem necessary.

**Sec. 2-50. Same-Services and facilities.**

  The chief administrative officer is authorized to make available to the library board such services and facilities of the county government as may be necessary to carry out its functions.

**Sec. 2-51. Library Board-Local advisory committees.**

  The library board may designate, from among the residents of each area in which a branch library or station has been located, a local advisory committee of not less than 3 members, to consult with and make recommendations to the library board concerning local library needs. A local advisory committee may make recommendations to the county executive for filling vacancies on the library board and to the library board concerning the construction of new library buildings in the area which the committee represents. A member of a local advisory committee is appointed for a term of 3 years; in an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

**Sec. 2-52. Transfer of facilities of existing libraries to county.**

  (a)   Under the direction of the county executive, the director of the department of public libraries is hereby authorized and directed to negotiate with properly authorized representatives of the governing bodies of all public libraries or subscription libraries existing in the county or the governing bodies of any incorporated municipality within the county which operates, owns or supports, in whole or in part, a public library as of the effective date of this article for the transfer to the county, upon such terms and conditions as may be agreed upon, of all book collections, equipment and other facilities or property including land and buildings which such governing bodies may desire to transfer into the county public library system. The director is directed, at the request of such governing body, to include among such terms and conditions the following:

    (1)   Warranties to any such governing body that library facilities at least equivalent in value to the facilities and property transferred into the county system by any governing body will be made available by the county in the form of library facilities and services to the particular area represented by such governing body, and

    (2)   Provisions that any such governing body holding in trust cash, securities or any other evidences of indebtedness or unimproved real property acquired from proceeds of taxes levied for a library special taxing area may retain such cash, evidences of indebtedness and property for use in making available, at such times as there has been placed in operation a library building adequate to serve the council district in which located, such additional library facilities as such governing body in its discretion determines to be suitable and as may be approved by the director.

  (b)   After the terms and conditions of transfer of any such facilities and property have been agreed upon, the county executive is hereby authorized to accept, on behalf of the county, the transfer of such facilities and property to the county effective on the first day of July next following. The conveyance of title to the county of any property pursuant to the provisions of this article shall be evidenced by a written contract or agreement approved by the county attorney.

**Sec. 2-53. Annual payment of county library tax to certain municipalities.**

  (a)    If the governing body of any municipality in the County which supports or operates a free public library on December 31, 1997 does not transfer that library into the County system, the Director of Finance must pay annually to the governing body of that municipality for library purposes, as soon after the beginning of each fiscal year as possible:

    (1)   an amount which would be realized if that portion of the general County ad valorem tax rate on real and personal property attributable to the appropriation for the Department of Public Libraries for that fiscal year were levied against the assessed value, on the preceding County date of finality, of the real and personal property in that municipality; or

    (2)   a lower amount approved in the annual operating budget or a Council resolution.

    For the purposes of this subsection, the amount of the appropriation for the Department of Public Libraries in any fiscal year includes the estimated amount of the payment to that municipality in that fiscal year. The amount of payment to any municipality must not exceed in any given fiscal year the amount of revenue derived from taxes levied by that municipality for library purposes for the preceding fiscal year.

  (b)    If the governing body of a library supported by a municipality indicates a desire to transfer all or part of the library facilities owned by it into the County public library system, the Director of Public Libraries must negotiate for that transfer as provided in this Article.

**Sec. 2-54. Adoption of administrative rules.**

  The director, with the approval of the library board, shall have authority to adopt such administrative rules, including provision for library fines, as may be necessary for the conduct of the central book depository and the several branches, stations and bookmobiles.

#### Division 10. DEPARTMENT OF TRANSPORTATION.

**Sec. 2-55. Functions.**

  The Department of Transportation must:

  (a)   furnish information and make recommendations to the Planning Board regarding the feasibility of implementing transportation aspects of master plans;

  (b)   coordinate and cooperate with other bodies and agencies regarding transportation;

  (c)   develop programs to implement transportation elements of the County general plan and area master plans;

  (d)   control, supervise, engineer, design, construct, operate, and maintain roads, streets, highways, bridges, culverts, storm drainage systems, pedestrian and bicycle pathways and walkways, and related facilities benefitting the County, including services relating to street cleaning, trees, plantings, and leaf collection;

  (e)   perform all public transportation engineering and operational functions, including:

    (1)   mass transit;

    (2)   bus service;

    (3)   taxicabs;

    (4)   commuter rail service;

    (5)   limousine service;

    (6)   airparks, landing fields, and related functions; and

    (7)   transportation demand management, including:

      (A)   programs;

      (B)   approval, management, or amendment of new and existing:

        (i)   traffic mitigation agreements;

        (ii)   transportation demand management plans; and

        (iii)   other plans related to transportation demand management required under Chapter 50 or Chapter 59;

  (f)   review and approve transportation elements of development plans, including storm drainage and paving plans; grade establishment plans; utility plans; pre-preliminary, preliminary and site plans; and construction permits for any work in public space;

  (g)   acquire and dispose of real property used (or intended to be used) for roads, streets, highways, bridges, culverts, storm drainage systems, and related facilities; and

  (h)   operate and maintain public parking facilities under Chapter 60; enforce parking regulations; manage the parking enterprise fund under Chapter 60, and remodel, restore, and renovate public parking facilities under Chapter 60 that will remain open during the work.

  Sec. 3. Any responsibility or right granted by law, ordinance, regulation, contract, or other document to the Department of Transportation or to the Department of Facilities and Services is transferred to the Department of Public Works and Transportation.

  Sec. 4. Any regulation in effect on the effective date of this Act that implements a function transferred to the Department of Public Works and Transportation Section 1 of this Act continues in effect, but any reference in any regulations to the Department of Transportation or to the Department of Facilities and Services must be treated as referring to the Department of Public Works and Transportation. The transfer of a function under this Act does not affect the rights of a party to any legal proceeding begun before this Act took effect.

  Sec. 5. All duties and authority involving solid waste assigned by the County's Comprehensive Solid Waste Management Plan to the Department of Environmental Protection and to the Director of that Department are reassigned to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively. Any reference in that Plan to the Department of Environmental Protection and to the Director of that Department must be treated as referring to the Department of Public Works and Transportation and to the Director of the Department of Public Works and Transportation, respectively."

**Sec. 2-56. Non-merit positions.**

  The following positions in the Department of Transportation are non-merit positions:

  (a)   Deputy Director of Operations;

  (b)   Transportation Policy Officer; and

  (c)   General Manager, Transit Services.

  (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.

**Sec. 2-57. Bus Advertising.**

  (a)   The Chief Administrative Officer must issue a request for proposals for a contractor to sell, affix, maintain, and replace exterior and interior advertisements on and in public transit buses owned or operated by the Department of Transportation.

  (b)   The contract must allow advertisements to be placed on all public transit buses owned or operated by the Department.  A contract must be executed and advertising must begin within 6 months after a request is issued.

  (c)   Only commercial advertisements, or County government notices that inform the public of a County program or service, may be placed on or in public transit buses owned or operated by the Department.  County notices must comprise at least 10% of all exterior advertising space and 20% of all interior advertising space.

  (d)   An advertisement or notice must not:

    (1)   exceed 50 square feet; or

    (2)   cover a window of any bus.

  (e)   All revenue derived from bus advertising must be deposited in the Mass Transit Facilities Fund.

**Sec. 2-57A.* Fees and Charges.**

  All fees, charges, and fares for any transportation or transportation-related service or product provided by the Department must be set by Council resolution adopted after a public hearing and approved by the Executive, unless any law expressly requires a different process.  If the Executive disapproves a resolution within 10 days after it is adopted and the Council readopts it by a vote of six Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.

#### Division 11. Department of Recreation.

**Sec. 2-58. Functions.**

  The director of the department of recreation shall administer the recreational program of the county herein authorized. In administering such program the director shall have the authority, upon the consent of the particular agency or organization concerned, to make use of the recreational facilities of the board of education and other agencies or organizations, both public and private, and shall endeavor to coordinate the county's recreational program with the recreational programs of any such organizations whenever such coordination will promote the best interests of the county and its citizens.

#### Division 11A. Reserved.

**Sec. 2-58A. Reserved.**

#### Division 11B. Reserved.

**Sec. 2-58B. Reserved.**

#### Division 11C. OFFICE OF ANIMAL SERVICES.

**Sec. 2-58C. Functions.**

  The Office of Animal Services has the functions and duties assigned to it in Chapter 5, Animal Control.

#### Division 11D. DEPARTMENT OF TECHNOLOGY AND ENTERPRISE BUSINESS SOLUTIONS.

**Sec. 2-58D. Functions.**

  (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.

**Sec. 2-58E. Transmission facility coordination.**

  (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.

#### Division 12. Advisory Boards or Commissions.

##### Subdivision I. In General.

**Sec. 2-59. Domestic Violence Coordinating Council.**

  (a)   Definition.  In this section “Coordinating Council” means the Domestic Violence Coordinating Council.

  (b)   Established.  There is a Domestic Violence Coordinating Council.

  (c)   Composition and terms of members.

    (1)   The Coordinating Council has 19 members.

    (2)   The County Council requests the following individuals to serve as ex officio members of the Coordinating Council:

      (A)   The Administrative Judge for District 6 of the Maryland District Court or designee of the Administrative Judge;

      (B)   The Administrative Judge for the Montgomery County Circuit Court or designee of the Administrative Judge;

      (C)   The State’s Attorney for Montgomery County or designee of the State’s Attorney;

      (D)   The Regional Director of the Division of Parole and Probation, Maryland Department of Public Safety and Corrections or designee of the Regional Director;

      (E)   The County Sheriff or designee of the County Sheriff; and

      (F)   The President of the County Board of Education or designee of the President.

    (3)   Subject to confirmation by the County Council, the County Executive should appoint the following individuals to serve as ex officio members of the Coordinating Council:

      (A)   A member or designee of the County Council, selected by the Council President;

      (B)   The Chief of Police or designee of the Chief of Police;

      (C)   The Director of the Department of Health and Human Services or designee of the Director;

      (D)   The Executive Director of the Commission for Women or designee of the Executive Director; and

      (E)   The Director of the Department of Correction and Rehabilitation or designee of the Director.

    (4)   Subject to confirmation by the County Council, the County Executive must appoint the following individuals to serve 3-year terms on the Coordinating Council:

      (A)   1 attorney with experience representing victims of domestic violence;

      (B)   4 members of the public with a demonstrated interest in domestic violence issues, including at least one individual who is a former victim of domestic violence; and

      (C)   2 representatives from a non-governmental domestic violence service or advocacy organization serving County residents.

    (5)   Subject to confirmation by the County Council, the County Executive must appoint a student member to serve a 1-year term on the Coordinating Council.  The student member’s term may be renewed for 1 additional year.  The student member must be a high school student who resides in the County when initially appointed.

  (d)   Voting, officers, meetings, and compensation.

    (1)   All members of the Coordinating Council are voting members.

    (2)   The Coordinating Council must elect a chair and vice-chair from among its members to serve 2-year terms.

    (3)   The Coordinating Council must meet at least 4 times each year.

    (4)   Section 2-148 does not apply to members appointed under subsection (c)(2) and (3).

    (5)   Except as provided in paragraph (6), a member must serve without compensation.

    (6)   A member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (e)   Duties.  The Coordinating Council must:

    (1)   Advise the County Executive, County Council, and Criminal Justice Coordinating Commission and its members on policies, programs, and legislation necessary to prevent domestic violence and help victims and their families;

    (2)   Promote and facilitate an effective community-wide response to domestic violence, including a well-coordinated, multi-disciplinary approach to all programs serving victims of domestic violence and their families;

    (3)   Coordinate with the Maryland Network Against Domestic Violence and all other County, State, federal, and non-governmental agencies, committees, boards, commissions, and organizations that operate, monitor, or coordinate domestic violence programs or services in the County to maximize the effectiveness of these programs and services;

    (4)   Develop recommendations to improve the coordination and effectiveness of County, State, federal, and non-governmental efforts regarding domestic violence, including prevention, intervention, treatment, law enforcement, prosecution, correctional, and advocacy efforts;

    (5)   Cooperate with the Abused Persons Program administered by the Department of Health and Human Services and any other relevant departments, agencies, committees, boards, commissions, and organizations to periodically review the quality and sufficiency of programs and facilities available to domestic violence victims, offenders, and their children throughout the County.

    (6)   Obtain and evaluate the findings and recommendations of the County’s Domestic Violence Fatality Review Team established under Title 4, Subtitle 7 of the Family Law Article;

    (7)   Obtain and evaluate statistical data, reports, and other information related to domestic violence, including information regarding innovative efforts by other governmental and non-governmental entities, as necessary to implement the requirements of this section; and

    (8)   Subject to subsection (f), advocate for policies or legislation at the County, State, and federal levels that would improve efforts to address domestic violence issues, including prevention, intervention, treatment, law enforcement, prosecution, correctional, and advocacy efforts.

  (f)   Advocacy.  The Coordinating Council may not engage in any advocacy efforts at the State or federal levels unless these efforts are approved by the Office of Intergovernmental Relations.

  (g)   Annual Report.  By September 15 each year, the Coordinating Council must submit to the County Executive and the County Council an annual report on its activities, findings, and recommendations.

  (h)   Staff.

    (1)

      (A)   If the County Sheriff agrees, the County Sheriff must provide the primary staff for the Coordinating Council.

      (B)   At the request of the County Sheriff, the State courts and agencies listed in subsection (c)(2) and the County agencies listed in subsection (c)(3) may provide additional staff assistance to the Coordinating Council.

    (2)

      (A)   If the County Sheriff does not agree to provide the primary staff for the Coordinating Council, the Chief Administrative Officer must provide appropriate staff to the Coordinating Council.

      (B)   The Chief Administrative Officer must consult with the individuals identified in subsection (c)(2) and (3) to determine the staffing needs of the Coordinating Council.

      (C)   The Chief Administrative Officer may authorize an individual identified in subsection (c)(2) to provide staff to the Coordinating Council.

**Sec. 2-60. Criminal Justice Coordinating Commission.**

  (a)    Established. There is a Criminal Justice Coordinating Commission.

  (b)    Composition; officers; terms of members; meetings; staff.

    (1)   The Commission has 32 members.

    (2)   The County requests the following individuals to serve as ex-officio members of the Commission:

      (A)   Administrative Judge of the Circuit Court for Montgomery County;

      (B)   Administrative Judge of the District Court for Montgomery County;

      (C)   State’s Attorney for Montgomery County;

      (D)   County Sheriff;

      (E)   Clerk of the Circuit Court for Montgomery County;

      (F)   Public Defender for Montgomery County;

      (G)   Chief of the City of Rockville Police Department;

      (H)   Chief of the City of Gaithersburg Police Department;

      (I)   Chief of the City of Takoma Park Police Department;

      (J)   Chief of the Village of Chevy Chase Police Department;

      (K)   Chief of the Montgomery County Maryland-National Capital Park and Planning Commission Police Department; and

      (L)   Director of the Department of School Safety and Security of the Montgomery County Public Schools.

    (3)   The following individuals are ex-officio members of the Commission:

      (A)   Chair of the County Council’s Public Safety Committee, or another member of the Public Safety Committee;

      (B)   Chief Administrative Officer;

      (C)   Chief of the County Police Department;

      (D)   Director of the Department of Correction and Rehabilitation;

      (E)   Chief of Behavioral Health and Crisis Services of the Department of Health and Human Services;

      (F)   Chief of Children, Youth, and Family Services of the Department of Health and Human Services;

      (G)   Director of the Department of Technology and Enterprise Business Solutions; and

      (H)   Assistant Chief of the Fire Code Enforcement and Fire Explosive Investigations Sections of the Montgomery County Fire and Rescue Service.

    (4)   The County Executive should appoint, subject to Council confirmation, the following individual to serve a 3 year term as a member of the Commission: A member of the County Legislative Delegation selected jointly by the Chairs of the House and Senate Delegations.

    (5)   The Executive must appoint, subject to Council confirmation, to 3-year terms:

      (A)   7 members of the public, one of whom must be a member of the Maryland bar who practices law in the County;

      (B)   An employee of the Division of Parole and Probation in the State Department of Public Safety and Correctional Services, after giving the Director of the Division an opportunity to make a recommendation;

      (C)   An employee of the State Department of Juvenile Justice, after giving the Secretary of the Department an opportunity to make a recommendation;

      (D)   A member of the Commission on Juvenile Justice, after giving the Commission an opportunity to make a recommendation; and

      (E)   A member of the Advisory Board on Victims and their Families, after giving the Board and opportunity to make a recommendation.

    (6)   After considering the recommendation of the Commission, if any, the Executive must designate the Chair and Vice-Chair of the Commission.  The Chair and Vice-Chair serve one-year terms.

    (7)   The Commission must meet at least 4 times each year.

    (8)   Section 2-148 does not apply to ex-officio members or members appointed under subsection (4).

    (9)

      (A)   The Chief Administrative Officer must designate an individual to serve as a Director of the Commission.

      (B)   The Director is not a voting member of the Commission.

      (C)   The Director must help the Commission achieve its objectives by:

        (i)   facilitating the coordination of Commission meetings;

        (ii)   facilitating the coordination and communication of Commission members;

        (iii)   assisting the Commission in obtaining information and assistance from other County agencies and programs as needed; and

        (iv)   assuring that the Commission has the staff and other resources it needs.

    (10)   The Chief Administrative Officer must provide staff support to the Commission subject to appropriation.

  (c)    Duties. The Commission must:

    (1)   evaluate the organization and adequacy of law enforcement and the administration of justice in the County;

    (2)   review and comment, at the request of the County Executive or the County Council, on programs concerning criminal justice for:

      (A)    long-term impacts;

      (B)   feasibility; and

      (C)   implementation issues.

    (3)   respond to requests from the Executive, Council, and the judicial system for any analysis concerning criminal justice programs;

    (4)   educate the community about law enforcement, crime prevention, reentry of individuals to the community, and other criminal justice issues, promote respect for law, and encourage community involvement in law enforcement and other appropriate components of the criminal justice system;

    (5)   facilitate coordination of the programs and activities of County law enforcement and criminal justice agencies;

    (6)   facilitate coordination of County law enforcement and criminal justice agencies with those of the State and neighboring state and local governments;

    (7)   promote efficient processing of criminal cases at every stage from arrest to completion of trial and correctional programs; and

    (8)   advise the County on how to achieve fair and effective law enforcement, crime prevention, and juvenile justice.

  (d)    Information and assistance. Each agency of County Government must give the Commission any information and assistance, not inconsistent with law, that the Commission requests to perform its duties.

  (e)    Reports and recommendations. The Commission may make reports and recommendations to the Executive and Council from time to time as the Commission finds appropriate.  The Commission must report to the Council and the Executive on request.

(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.

**Sec. 2-61. Assistance to boards.**

  The chief administrative officer is authorized to make available to these advisory boards services and facilities of the county government to aid the boards in their work.

##### Subdivision II. Reserved.

**Secs. 2-62-2-64. Reserved.**

##### Subdivision III. Reserved.

#### Division 13. OFFICE OF RACIAL EQUITY AND SOCIAL JUSTICE.

**Sec. 2-64A. Office of Racial Equity and Social Justice.**

  (a)   Findings.

    (1)   Although not unique to the County, many County residents suffer from stark disparities linked to race and social justice issues.

    (2)   These disparate outcomes among County residents include wealth, housing, criminal justice, education, and health.

    (3)   Inequitable outcomes linked to race and social justice issues will persist in the County without intentional intervention.

    (4)   The work to dismantle racial and social justice inequity must occur on an individual, institutional, and structural basis.

  (b)   Definitions. As used in this Division:

    Director means the Director of the Office of Racial Equity and Social Justice or the Director’s designee.

    Equity means fair and just opportunities and outcomes for all people.

    Equity assessment means a systematic process of identifying policies and practices that may be implemented to identify and redress disparate outcomes on the basis of race or social justice issues.

    Individual racism means explicit or implicit pre-judgment bias or discrimination by an individual based on race.

    Inequity means systematic and patterned differences in well-being that disadvantage one group in favor of another caused by past and current decisions, systems of power and privilege, and policies.

    Institutional racism means policies, practices, and procedures that work better for some members of a community than others based on race.

    Office means the Office of Racial Equity and Social Justice.

    Race means a social construct that artificially divides people into distinct groups based on characteristics such as physical appearance (including color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic and political needs of a society at a given period.

    Racial equity and social justice means changes in policy, practice and allocation of County resources so that race or social justice constructs do not predict one’s success, while also improving opportunities and outcomes for all people.

    Racial equity and social justice action plan means a comprehensive plan to incorporate and embed racial equity and social justice principles and strategies into operations, programs, service policies, and community engagement.

    Social justice means that everyone deserves to benefit from the same economic, political and social rights and opportunities, free from health disparities, regardless of race, socioeconomic status, age, sex – including on the basis of gender identity or orientation, religion, disability, or other characteristics.

    Structural racism means the history and current reality of institutional racism across public and private institutions which combine to create a system that negatively impacts certain groups based on race.

  (c)   Functions. After consulting with each department and office, the Office must:

    (1)   perform an equity assessment to identify County policies and practices that must be modified to redress disparate outcomes based on race or social justice;

    (2)   develop metrics to measure progress in redressing disparate outcomes based on race or social justice;

    (3)   work with each County department and office to develop a racial equity and social justice action plan designed to remedy individual, institutional, and structural racism or social justice issues adversely impacting County residents;

    (4)   provide racial equity and social justice training to County employees;

    (5)   develop short term and long term goals for success in redressing disparate outcomes based on race or social justice issues;

    (6)   measure progress in meeting both short term and long term goals; and

    (7)   provide staff support for the Racial Equity and Social Justice Advisory Committee.

  (d)   Racial Equity and Social Justice Action Plan.

    (1)   The Executive must adopt, by Method 2 regulation, a racial equity and social justice action plan.

    (2)   The racial equity and social justice action plan must include:

      (A)   a community engagement process;

      (B)   mandatory racial equity and social justice training for all County employees;

      (C)   the use of explicit racial equity and social justice considerations in establishing new programs and evaluating existing programs;

      (D)   a requirement for the Executive to explain how each management initiative or program that would be funded in the Executive’s annual recommended operating and capital budgets, including the recommended operating and capital budgets for the County Board of Education, or in a supplemental appropriation promotes racial equity and social justice;

      (E)   short term and long term goals for promoting racial equity and social justice;

      (F)   metrics for measuring progress in meeting these goals;

      (G)   guidelines for each department and office to develop its own equity action plan;

      (H)   recommended racial equity and social justice tools and strategies for a department or office to use in redressing disparities based on race or social justice issues; and

      (I)   priority areas for additional County efforts.

  (e)   Reports. The Director must submit an annual report on the activities of the Office to the Executive and the Council on or before each September 30. The report must include:

    (1)   the metrics used to measure the success of each short term and long term goal of the approved racial equity and social justice action plan;

    (2)   the progress toward meeting the goals of the approved racial equity and social justice action plan; and

    (3)   any recommendations for changes in law, regulation, or operating budget resources to assist in meeting the goals of the racial equity and social justice action plan.

  (f)   Responsibilities of each department and office. Each Executive and Legislative Branch department and office must:

    (1)   designate an employee to serve as the racial equity and social justice lead for the department or office to coordinate work with the Office;

    (2)   develop a department or office racial equity and social justice action plan in coordination with the Office; and

    (3)   provide discrete data on disproportionality and other information to the Office as needed.

  (g)   Responsibility of the Council. The Council must:

    (1)   establish a structure to provide oversight of the County’s progress in meeting its racial equity and social justice goals. The Council may retain experts from academic and scientific organizations to assist the Council with this oversight responsibility;

    (2)   establish a process to explain how each special appropriation promotes racial equity and social justice; and

    (3)   ensure that the operating budget is sufficient:

      (A)   for the Office of Racial Equity and Social Justice to provide the services required by this Section; and

      (B)   to implement the Racial Equity and Social Justice Action Plan.

Transition and Effective Date.

(a)   The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020.

(b)   Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020.

**Sec. 2-64B-2-64G.  Reserved.Note**

#### Division 14. Office of Public Information.

**Sec. 2-64H. Functions.**

  The office of public information shall have the following functions:

  (a)   Serve as a focal point for communications with citizens and community organizations.

  (b)   Establish and maintain a public information program.

  (c)   Provide professional editing and design support and coordination for county-wide publications and to county departments and agencies.

  (d)   Establish and maintain an information and referral program.

  (e)   Carry out related matters as may be assigned.

  (f)   Recruitment and utilization of volunteer services for county programs.

#### Division 15. Office of Human Resources.

**Sec. 2-64I. Functions.**

  The Office of Human Resources has the following functions:

  (a)   Under the administration of the Chief Administrative Officer, supervise the County merit system in accordance with the County Charter, local, state and federal laws, rules and regulations.

  (b)   Assist all appointing authorities in the implementation of merit system Charter provisions and the personnel regulations of the Executive.

  (c)   Assist the Executive in the development and administration of a career service and in the administration of a comprehensive management personnel program.

  (d)   Provide cooperative personnel services to political subdivisions of Montgomery County or agencies supported in whole or in part by taxes levied by the Council and to the Montgomery County Revenue Authority.

  (e)   Perform related duties as assigned.

  (f)   Develop and administer the equal employment opportunity program, unless this responsibility is transferred to the Chief Administrative Officer in accordance with the termination provision of chapter 1, section 5 of the 1981 Laws of Montgomery County.

  Sec. 4.  Budgeting and Reduction-In-Force.  The Office of Labor Relations is separate from the Office of the County Executive for purposes of budgeting and any reduction-in-force.

  By Res. No. 9-1474, adopted Sept. 22, 1981, the Council extended the termination date of Bill No. 5-80 (ch. 1-81) until such time as the County Council by resolution indicates otherwise.

#### Division 16. Office of Intergovernmental Relations.

**Sec. 2-64J. Functions.**

  The Office of Intergovernmental Relations has the following functions:

  (a)   respond to the County's interest with respect to legislation and budget issues being prepared or undertaken by the State legislative and Executive branches;

  (b)   provide County liaison with the legislative delegation and appropriate State departments, agencies, commissions and committees and monitor the State legislature; and

  (c)   provide coordination or liaison and, as appropriate, respond to legislation, regulations, or other policy issues involving nearby counties or states, municipalities within the County, regional agencies, the District of Columbia, and the federal government.

#### Division 17. Office of Management and Budget.

**Sec. 2-64K. Functions.**

  (a)   Generally.  The Office of Management and Budget has the following functions:

    (1)   preparation and administration of the annual operating budget, six-year public services program and related matters;

    (2)   preparation and administration of the annual capital budget, six-year capital improvements program and related matters;

    (3)   planning for county facilities;

    (4)   program evaluation;

    (5)   coordination of productivity improvement activities, including management, organization and systems analyses and projects; and

    (6)   other management functions as assigned by the chief administrative officer.

  (b)   Non-merit position.  The position of Deputy Director for Results is a non-merit position.

  (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.

#### Division 18. Reserved.

**Sec. 2-64L. Reserved.**

#### Division 19. Office of Community Use of Public Facilities.

**Sec. 2-64M. Functions and Duties.**

  (a)   Generally.  The Office of Community Use of Public Facilties:

    (1)   administers and implements the School Facilities Utilization Act (Chapter 44, Article I); and

    (2)   schedules and makes available to the community the use of

      (A)   school facilities; and

      (B)   other public facilities designated by the Chief Administrative Officer under standards established by regulation issued under method (2).

  (b)   Duties of the Director.  The Director of Community Use of Public Facilities must carry out the functions described in this Section and Section 44-4.

  (c)   Enterprise Fund.  All user fees and other payments to the County for the community use of a public facility under subsection (a)(2) must be administered through the enterprise fund established by Section 44-5A.

  (d)   Assistance for programs serving underserved communities with a focus on vulnerable youth or low-income persons.  The Executive must establish by method (2) regulation a program administered by the Director to encourage use of public facilities, including school facilities, by organizations that serve underserved communities with a focus on vulnerable youth or low-income persons. The regulations adopted under this subsection must include criteria for eligibility, and the program must consist of:

    (1)   outreach:

    (2)   technical assistance; and

    (3)   waiver or reduction of fees for eligible organizations.

  (e)   On or before January 1 of each even-numbered year, the Director must submit a report to the Executive and Council describing the activities conducted, accomplishments achieved, and difficulties encountered in seeking to increase use of public facilities by programs serving underserved communities with a focus on vulnerable youth or low- income persons.

#### Division 20. Office of Procurement.

**Sec. 2-64N. Functions.**

  The Office of Procurement must:

  (a)   administer the centralized purchasing system required by Charter Section 313;

  (b)   procure all goods and services in accordance with chapter 11B and other applicable law; and

  (c)   perform any other procurement or related function assigned by the Chief Administrative Officer.

  Transition.  Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

  Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.

#### Division 21. OFFICE OF EMERGENCY MANAGEMENT AND HOMELAND SECURITY.

**Sec. 2-64O. Functions and organization.**

  The Office of Emergency Management and Homeland Security must plan, manage, and integrate the County’s emergency management and homeland security programs.  The Office must:

  (a)   undertake emergency management and disaster preparedness planning, and coordinate response and recovery operations to a disaster;

  (b)   coordinate homeland security intelligence programs in conjunction with the Police, Sheriff, and other local, state, and federal law enforcement agencies and disease surveillance systems of public health;

  (c)   manage the interdepartmental governance of the Public Safety Communications Center (PSCC) and the Alternate Public Safety Communications Center (APSCC);

  (d)   facilitate the integration of policies and procedures on homeland security, emergency management, and preparedness with the Fire and Rescue Service; Police; Health and Human Services; Transportation; Environmental Protection; the Sheriff; and other County government departments and public agencies as necessary;

  (e)   coordinate community outreach and volunteer support of emergency preparedness and homeland security;

  (f)   coordinate the County’s homeland security and emergency preparedness programs with federal, state, regional, local, County, and municipal agencies, including the Housing Opportunities Commission, Montgomery College, Montgomery County Public Schools, Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, Washington Metropolitan Area Transit Authority, and utilities and telecommunications companies doing business in the County;

  (g)   develop, coordinate, and manage state and federal grants relating to homeland security and emergency preparedness, response, and recovery; and

  (h)   undertake related functions designated by the County Executive.

  Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

  Sec. 5.  Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Homeland Security is transferred to the Office of Emergency Management and Homeland Security.

#### Division 22. Office of Grants Management.

**Sec. 2-64P. Office of Grants Management – Functions.**

  In accordance with chapter 11B, the Office of Grants Management must:

  (a)   provide a central point of contact regarding grants that the County receives or awards;

  (b)   disseminate to Executive Branch departments and principal offices information regarding federal and State grant opportunities;

  (c)   maintain a central database of grants that the County receives or awards;

  (d)   provide training and technical assistance regarding grants management to Executive Branch departments and principal offices;

  (e)   in coordination with the Office of Procurement, develop countywide policies and procedures regarding grants management;

  (f)   in coordination with the Office of Procurement, develop practices to ensure that grants management in the County is consistent with racial equity and social justice goals;

  (g)   perform public outreach regarding grants offered by the County; and

  (h)   perform any other grants function assigned by the Chief Administrative Officer.

#### Division 23. Office of Food Systems Resilience.

**Sec. 2-64Q. Office of Food Systems Resilience – Functions.**

  The Office of Food Systems Resilience must:

  (a)   in coordination with the Maryland Food Council, serve as a liaison between government and food systems stakeholders, including residents, businesses, farms, food assistance providers, charities, and educational institutions;

  (b)   in coordination with the Department of Environmental Protection, the Office of Agriculture, the Department of Planning, the Department of Health and Human Services, and the Office of Community Partnerships, serve as a central liaison and coordinator for County government food systems initiatives and projects;

  (c)   develop and maintain a strategy for improving the efficiency, equity, sustainability, and resilience of the food systems in Montgomery County;

  (d)   advise the County Executive and County Council on food systems related policy issues, as well as deliver a report on the state of the local food systems with recommended policy, budgetary, and regulatory changes to the County Executive and County Council no less than annually;

  (e)   develop and maintain a system to collect and process local food systems data to support accurate and timely monitoring of the state of the local food systems, and analyze such data to support decision making and strategic planning;

  (f)   in coordination with the Office of Grants Management and the Office of Procurement, set policies and procedures for grants impacting the local food systems that are consistent with the aforementioned food systems strategy and work to leverage County resources to pursue state, federal, and private sector resources to support local food system initiatives;

  (g)   in coordination with the Office of Emergency Management and Homeland Security, the Department of Health and Human Services, and local food assistance providers, support disaster response feeding planning and operations;

  (h)   in coordination with the Office of Racial Equity, work to address racial inequities and develop practices to ensure social justice and address disparities in the local food systems; and

  (i)   represent the interests of Montgomery County in regional, national, and international food systems coordination efforts.

### Article Iv. Legislative Branch.

#### Division 1. Generally.

**Sec. 2-65. Board of health designated.**

  (a)   The County Council is, and may act as, the County Board of Health.

  (b)   When meeting as the Board of Health, the County Council has all the powers delegated to a local board of health under State and County law.

  (c)   The County Council, meeting as the Board of Health, may adopt any regulation which a local board of health is authorized to adopt.  Before it adopts a regulation, the Board must hold a public hearing after giving reasonable notice, as specified in the Council Rules of Procedure, to each municipality in the County and the public.

#### Division 2. County Council.

##### Subdivision I. In General.

**Sec. 2-66. Reserved.**

**Sec. 2-67. Election of officers.**

  The council shall elect from among its members not later than December 31 in the year in which they take office, and at such other times as the council in office shall determine, a president and a vice-president. The president shall be the presiding officer, and in his absence the vice-president shall preside and perform the duties of the president.

**Sec. 2-68. Order and decorum.**

  The president shall preserve order and decorum during the meetings and sessions of the council. He shall have general supervision of the county council offices, hearing and conference rooms, and other building spaces immediately adjacent thereto. In case of any disturbance or disorderly conduct therein, he shall have the power to order any such place to be cleared.

**Sec. 2-69. Absence of the president.**

  In the absence of the president of the county council, the vice-president shall preside. In the absence of both president and vice-president, the council members present shall elect a president pro tempore. The vice-president or president pro tempore, while acting as president, shall have all the authority and voting rights thereof.

**Sec. 2-70. Duties of Clerk of the Council.**

  (a)   The Clerk of the Council must keep minutes of Council meetings, maintain its journal, and provide other administrative services required to assist the legislative process, including those specified in the Council rules of procedure.

  (b)   The Clerk may designate an employee to act in the place of the Clerk as official custodian of Council records for purposes of authenticating records and responding to subpoenas and other orders or requests for records. The designated person has the same authority and position as the Clerk for the purpose designated, and response by that person satisfies any writ or order directed to the Clerk except for any writ or order which requires a  response with personal knowledge of facts by the Clerk.

**Sec. 2-71. Reserved.**

**Sec. 2-72. Journal and minutes.**

  The Clerk of the Council must keep a written journal of all legislative sessions of the Council and written minutes of all non-legislative Council meetings. The journal and minutes must include motions and all votes by roll call or otherwise. In addition to the title of a bill or the subject matter of a resolution, only amendments to a bill or resolution which are adopted must have the full text entered in the journal or minutes. However, amendments offered but not adopted must be entered if a vote was taken on the amendment. After any correction, the Council must approve the journal or minutes by motion.

**Sec. 2-73. Publication of bills and council proceedings.**

  (a)   The Council is responsible for publication as required by Section 3, Article XI-A of the Maryland Constitution. The title or a summary of all laws and ordinances proposed must be published once a week for 2 successive weeks before enactment in at least one newspaper of general circulation in the County, so that the taxpayers and citizens may have notice of all proposed laws and ordinances. The requirement of publication of proposed legislation may be satisfied by including the title or summary in the notice of hearing. The validity of expedited legislation is not affected if the law is enacted before the law is advertised. If the publication requirements of the Maryland Constitution are changed, the Council must comply with any amended requirements of the Constitution and state and County law.

  (b)   The council shall provide for publication of the proceedings of the council by making available promptly after approval by the council copies of the written minutes of all public sessions and copies of the written journal of all legislative sessions of the council. The copies of the minutes and journal shall be in printed or typewritten form, and sufficient number of copies shall be reproduced to meet all reasonable public requests for copies in addition to a true copy being made available to any members of the public for reading at the office of the county council.

**Sec. 2-74. Permanent records.**

  The Clerk of the Council must maintain in a secure fire-proof storage area:

  (a)   the legislative journal;

  (b)   each law and resolution approved by the Council or Board of County Commissioners;

  (c)   minutes of all Council and Board of County Commissioners meetings; and

  (d)   any Executive Regulation reviewed by the Council under method (1) or method (2).

  The Clerk must maintain these records in a manner consistent with state law regulating retention and disposal of public records.

**Sec. 2-75. Appointments.**

  (a)   Non-merit and advisory council appointments. Members of boards, committees, commissions and similar bodies that directly advise the county council, members of the merit system protection board, and other persons who under the charter are appointed by the council, are appointed for the term and for the compensation, if any, and in the manner as is prescribed by the charter or by law. The affirmative vote of a majority of Council members in office is required for any appointment.

  (b)   Confirmation of executive appointments. When any vacancy exists on any board, committee, commission, or similar body whose members are appointed by the county executive, the county executive should appoint a successor within 60 days. The county council should act within 60 days, by resolution, to confirm or disapprove the appointment. The affirmative vote of a majority of council members in office is required for confirmation. If the appointment is not confirmed, the county executive should promptly appoint another person to that vacancy and submit the person to the council for confirmation.

**Sec. 2-76. Exercise of zoning, planning and subdivision powers.**

  The procedures for the Council to exercise its powers of zoning, planning or subdividing shall be as prescribed by Division II of the Land Use Article of the Maryland Code; by other applicable law enacted by the General Assembly of Maryland; by the zoning or subdivision laws; or otherwise as prescribed by the Council by law.

**Sec. 2-77. Adoption of rules and regulations.**

  The council shall sit in non-legislative regular business meetings for the adoption by resolution of rules and regulations which implement or provide for the administration or execution of legislation. Notice and hearing provisions prescribed by law shall be followed. In absence of any other law requirements, provisions for notice and hearing, if the council in its discretion determines the same is necessary, shall be as the council shall by resolution provide in considering the particular rule or regulation for adoption.

##### Subdivision II. Legislative Sessions and Other Meetings.

**Sec. 2-78. Schedule; adoption of rules and regulations; public sessions.**

  The first and third Tuesdays of each month and such additional days as the council may determine are designated as days for the enactment of legislation, but in no event shall the council sit for more than forty-five (45) days in each year for the purpose of enacting legislation. When a first or third Tuesday is an official holiday, the next succeeding Tuesday business day shall be a day for the enactment of legislation. The council shall meet at such times as it may determine for the conduct of other business and hearings. The council may adopt rules and regulations which implement or provide for the administration or execution of legislation under such procedures and provisions for notice and hearing prescribed herein or as otherwise prescribed by law. No business shall be transacted, or any appointments made, or nominations confirmed, except in public session.

**Sec. 2-79. Quorum.**

  A majority of the members of council in office shall constitute a quorum for a legislative session or other business.

**Sec. 2-80. Public participation; sign limitation; willful disturbance.**

  Reasonable seating facilities shall be provided for the general public at all sessions and public meetings, and the general public is encouraged to attend. During a session or meeting, time may be provided at the discretion of the president, or upon request of a majority of the council present, for members of the public to address the council on pertinent matters. Persons seeking to address the council on a specific subject should state reasons for an appearance in writing prior to the fixing of the agenda for the council; provided, that this rule may be suspended by a majority of the council members present. Public hearings upon pending legislation or the budget are convened for the express purpose of obtaining public participation and comment. Such hearings shall not constitute a legislative session. At all times, order and decorum shall be maintained in keeping with the dignity of the governmental process, and no person or groups shall interfere with this process, and the council shall take all necessary steps required to maintain order.

  No signs, placards, posters or attention devices of any kind or nature shall be carried or placed within the council offices, hearing or conference rooms, nor within any building in which is located the council office or in which the council is meeting or conducting a public hearing. This prohibition shall not apply to armbands, emblems, badges or other articles worn on the personal clothing of individuals; provided, that such armbands, badges or emblems are of such a size and nature as not to interfere with the vision or hearing or other persons at a meeting nor extend from the body as may cause injury to another. Any person who shall violate the provision above, relating to signs, or who shall willfully interrupt or disturb council proceedings, after warning to desist, may be removed from the premises and shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 2-81. Yeas and nays.**

  A roll call vote by yeas and nays must be taken when legally required, and on any other vote on demand of any member. The Clerk of the Council must record the vote in the minutes or journal, as applicable.

**Sec. 2-81A. Fiscal Impact Statements.**

  (a)   Definitions.  In this Section, the following words and phrases have the following meanings:

    Director means the Director of the Office of Management and Budget.

    Fiscal impact means an estimate of changes in future County revenue and expenditures attributable to a change in the law.

  (b)   Fiscal impact statements.  The Director must submit a statement to the Council describing the fiscal impact, if any, of each bill under consideration by the Council.  The Director must submit a separate statement for each bill.

  (c)   Time for submission. A fiscal impact statement should be submitted to the Council:

    (1)   no later than 7 days before the public hearing on each bill introduced by the Council President at the request of the County Executive; and

    (2)   no more than 21 days after a bill sponsored by a Councilmember is introduced.

    If the Director is unable to submit the statement within the time required by paragraph (2), the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date.  If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.

  (d)   Content of fiscal impact statement.  Each fiscal impact statement must include:

    (1)   the sources of information, assumptions, and methodologies used;

    (2)   an estimate of changes in County revenues and expenditures regardless of whether the revenues or expenditures are assumed in a recommended or approved budget;

    (3)   revenue and expenditure estimates covering at least the next 6 fiscal years;

    (4)   an actuarial analysis through the entire amortization period for each bill that would affect retiree pension or group insurance costs;

    (5)   later actions that may affect future revenue and expenditures if the bill authorizes future spending;

    (6)   an estimate of the staff time needed to implement the bill;

    (7)   an explanation of how the addition of new staff responsibilities would affect other duties;

    (8)   an estimate of costs when an additional appropriation is needed;

    (9)   a description of any variable that could affect revenue and cost estimates;

    (10)   ranges of revenue or expenditures that are uncertain or difficult to project; and

    (11)   if a bill is likely to have no fiscal impact, why that is the case.

  (e)   Compliance.  Council action on a bill that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.

**Sec. 2-81B. Economic Impact Statements.**

  (a)   Definitions.  In this Section, the following words and phrases have the following meanings:

    Director means the Director of the Office of Legislative Oversight.

    Economic impact means an estimate of the costs and/or benefits to private organizations and individuals in the County attributable to a change in the law.

  (b)   Economic impact statements.  The Director must submit a statement to the Council describing the economic impact, if any, of each bill under consideration by the Council.  The Director must submit a separate statement for each bill.

  (c)   Time for submission.

    (1)   An economic impact statement should be submitted to the Council no more than 21 days after a bill is introduced.

    (2)   If the Director is unable to submit the statement within 21 days after the bill is introduced, the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date.  If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.

  (d)   Content of economic impact statement.

    (1)   Each economic impact statement must include:

      (A)   the sources of information, assumptions, and methodologies used;

      (B)   a description of variables that could affect economic impact estimates; and

      (C)   if a bill is likely to have no economic impact, why that is the case.

    (2)   Each economic impact statement should include the bill’s potential positive or negative effects, if any, on the County’s workforce, taxation policy, property values, incomes, operating costs to businesses and non-profits operating in the County, capital investment from the private sector, economic development, and the County’s competitiveness.

  (e)   Compliance. Council action on an expedited bill that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.

**Sec. 2-81C. Racial Equity and Social Justice Impact Statements.**

  (a)   Definitions. In this Section, the following words and phrases have the following meanings:

    Director means the Director of the Office of Legislative Oversight or the Director’s designee.

    Race means a social construct that artificially divides people into distinct groups based on characteristics such as physical appearance (including color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic and political needs of a society at a given period.

    Racial equity and social justice means changes in policy, practice and allocation of County resources so that race or social justice constructs do not predict one’s success, while also improving opportunities and outcomes for all people.

    Racial equity and social justice impact means an estimate of changes in racial equity and social justice in the County attributable to a change in the law.

    Social justice means that everyone deserves to benefit from the same economic, political and social rights and opportunities, free from health disparities, regardless of race, socioeconomic status, age, sex – including on the basis of gender identity or orientation, religion, disability, or other characteristics.

  (b)   Racial Equity and Social Justice impact statement. The Director must submit a statement to the Council describing the racial equity and social justice impact, if any, of each bill and zoning text amendment under consideration by the Council or the District Council. The Director must submit a separate statement for each bill or zoning text amendment. The Director must consult with the Planning Board staff before submitting a racial equity and social justice impact statement for a zoning text amendment to the Council.

  (c)   Time for submission. A racial equity and social justice impact statement should be submitted to the Council:

    (1)   no later than 7 days before the public hearing on each bill introduced by the Council President at the request of the County Executive; and

    (2)   no more than 21 days after a bill sponsored by a Councilmember is introduced.

If the Director is unable to submit the statement within the time required by paragraph (2), the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date.  If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.

  (d)   Content of racial equity and social justice impact statement. Each racial equity and social justice impact statement must include:

    (1)   the sources of information, assumptions, and methodologies used;

    (2)   an estimate of both positive and negative changes in racial equity and social justice in the County as a result of the implementation of the bill;

    (3)   recommended amendments that may promote racial equity and social justice; and

    (4)   if a bill is likely to have no racial equity or social justice impact, why that is the case.

  (e)   Compliance. Council action on an expedited bill or District Council action on a zoning text amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.

  Transition and Effective Date.

  (a)   The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020.

  (b)   Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020.

**Sec. 2-81D. Climate Assessments.**

  (a)   Definitions.  In this Section, the following terms have the meanings indicated.

    Climate hazard means a natural disaster or environmental consequence of climate change, such as flooding, extreme temperatures, severe storms, heavy winds, or droughts.

    Community climate resilience means the sustained ability of a network of people to use available resources to withstand, respond, recover, and adapt to future climate hazards.

    Carbon drawdown means anthropogenic activities removing carbon dioxide from the atmosphere and durably storing it in geological, terrestrial, or ocean reservoirs, or in products. It includes existing and potential anthropogenic enhancement of biological or geochemical carbon sinks, and direct air capture and storage.

    Director means the Director of the Office of Legislative Oversight or the Director’s designee.

    Greenhouse gas emissions mean emissions of greenhouse gases, precursors of greenhouse gases, and aerosols caused by human activities. These activities include the burning of fossil fuels, deforestation, land use and land use changes, livestock and fertilizer production, waste management, and industrial processes.

    Planning Board means the Montgomery County Planning Board or the Planning Board’s designee.

    Sequestration means the natural process of uptake and storage of carbon in a carbon pool.

  (b)   Climate assessments required.

    (1)   The Director must submit an assessment to the Council describing the climate impact, if any, of each bill under consideration by the Council.

    (2)   The Planning Board must submit an assessment to the District Council describing the climate impact, if any, of each zoning text amendment, master plan, and master plan amendment under consideration by the District Council.

  (c)   Time for submission.

    (1)   A climate assessment should be submitted to the Council, or the District Council, at least 7 days prior to a public hearing on a bill, zoning text amendment, master plan, or master plan amendment.

    (2)   If the Director or the Planning Board is unable to submit the assessment within the time required under paragraph (1), the Director or the Planning Board must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date.

    (3)   If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery date.

  (d)   Contents of climate assessment.

    (1)   Each climate assessment must include:

      (A)   the sources of information, assumptions, and methodologies used;

      (B)   a description of variables that could affect the assessment; and

      (C)   if a bill, zoning text amendment, master plan, or master plan amendment is likely to have no climate impact, why that is the case.

    (2)   Each climate assessment must include:

      (A)   the potential positive or negative effects, if any, of the bill, zoning text amendment, master plan, or master plan amendment upon climate change;

      (B)   quantitative or qualitative evaluations of the identified effects upon greenhouse gas emissions, sequestration, and carbon drawdown; and

      (C)   quantitative or qualitative evaluations of the identified effects upon community climate resilience.

    (3)   Each climate assessment must identify amendments or other recommendations, if any, that would reduce or eliminate any anticipated negative effects of the bill, zoning text amendment, master plan, or master plan amendment upon carbon dioxide removal, sequestration, drawdown, and community climate resilience.

  (e)   Compliance.  Council action on a bill, zoning text amendment, master plan, or master plan amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.

  (f)   Templates for climate assessments - required.

    (1)   Templates for the assessment of bills.

      (A)   The Director must develop and publish online a climate assessment template to guide the development of climate assessments for bills under this Section.

      (B)   At least once every 2 years, the Director must review the template and update the template as needed.

    (2)   Templates for the assessment of zoning text amendments and master plans.

      (A)   The Planning Board must develop and publish online a climate assessment template to guide the development of climate assessments for zoning text amendments, master plans, and master plan amendments under this Section.

      (B)   At least once every 2 years, the Planning Board must review the template and update the template as needed.

**Sec. 2-82. Consideration of bills and budgets.**

  (a)    Consideration of bills.

    (1)   Each bill enacted by the Council must contain only one subject matter.

    (2)   A vote on final passage of a bill requires a roll call by yeas and nays. If no Councilmember objects, the Council may enact more than one bill by a single combined roll call vote.

  (b)   Consideration of the budget. No earlier than 21 days after submission by the county executive to the council of the operating and capital budgets for the ensuing fiscal year and the six-year programs, the council must hold public hearings on the proposed budgets and six-year programs. The council must publish notice of the hearings in one newspaper of general circulation in the county. The council sets the procedure for consideration and approval of the budgets and six-year programs.

  (c)   Transmission to the Executive.

    (1)   After enactment of any legislation by the Council, the Clerk of the Council must promptly prepare a copy of the legislation in printed or typewritten form as finally enacted. The Council President or acting President must sign the legislation. The Clerk must deliver the legislation within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive.

    (2)   After Council approval of the budget, the Clerk must deliver a copy of the approved budget within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive.

  (d)   Legend on enrolled law. An enrolled law must contain in succinct form on the face of the bill in an appropriate place the bill number, chapter number, date introduced, date enacted, date approved by county executive or date of disapproval, if disapproved, date of override of veto, if any and the effective date.

#### Division 3. Advisory Boards and Committees.

##### Subdivision I. Reserved.

**Secs. 2-83—2-87. Reserved.**

##### Subdivision II. Reserved

**Secs. 2-88—2-90. Reserved.**

##### Subdivision III. Reserved.

**Secs. 2-91—2-94. Reserved.**

#### Division 4. Ordinances, Resolutions, Codes, Etc.

**Sec. 2-95. Powers to adopt-Generally; administration and enforcement.**

  (a)   Generally. The council is authorized to prescribe by law for minimum standards in the form of building, fire, electrical, plumbing, health, waste and trash removal, billboard, street construction, humane treatment of animals, plant disease and blight control and other regulations and codes to safeguard life, health or property or to promote public safety, morals or welfare by regulating:

    (1)   Buildings and Other Structures. The design, erection, construction, repair, alteration, quality of materials, use, occupancy, location and maintenance of private and public buildings and other structures.

    (2)   Plumbing, Heating and Electrical Fixtures. The installation and maintenance of plumbing, heating, and electrical fixtures in such buildings and structures and lines, wiring, piping and conduits in connection therewith.

    (3)   Disposal of Waste, Sewage, Garbage, etc. The disposal of wastes, sewage and drainage and the dumping and accumulation of loose earth, rocks, trash, rubbish, garbage, ashes, junk, refuse and debris and limiting the height of weeds and treatment and disposal of diseased or blighted plant life and trees on any public or privately owned land in the county, and providing for the removal by the county of such matter from privately owned land at the expense of the landowner when such owner has refused or failed to remove the matter after due notice and opportunity for a hearing.

    (4)   Billboards, Signs and Other Advertising Matter. The erection and maintenance of billboards and other similar structures, signs, posters, window and outdoor display advertising of any kind whatsoever.

    (5)   Streets, Highways, Sidewalks, etc. The location, repair, use, grading, surfacing and other construction of streets, roads, highways, alleys, driveways and sidewalks for public use, and of curbs, gutters and drainage and other structures in connection therewith, whether or not maintenance by the county government is thereafter to be requested and the construction, maintenance and use of structures, vaults, tunnels, bridges, passageways, and buildings under, over or across public or dedicated streets, roads, highways, alleys, driveways and sidewalks.

    (6)   Animals. The humane treatment of animals whether on public or private property.

    (7)   Manufacturing Establishments, Slaughterhouses, Canneries, etc. Places of manufacturing soap and candles and fertilizers, slaughterhouses, packing houses, canneries, factories, workshops, mines, manufacturing plants and any and all places where offensive trades may be carried on, or which may involve or give rise to unsanitary conditions or conditions detrimental to health.

  (b)   Requirements as to minimum standards. Such minimum standards shall include, where appropriate, structural engineering, health, sanitation, safety and fire protection requirements and requirements for safeguards during construction or alteration.

  (c)   Construction of section. Nothing in this section shall be construed to affect any of the powers and duties of the state board of health, or any of the public general laws of the state relating to the subject of health.

  (d)   Regulations for administration and enforcement. The council is authorized to prescribe by law for the county executive to adopt and amend regulations for the administration and enforcement of such standards, including bonds, permit and licenses and appropriate fees therefor, reports, schedules and inspection of premises necessary to such administration and enforcement. In addition, the county may institute injunction, mandamus or other appropriate action or proceeding to prevent any violation of such standards or regulations, and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or mandamus or other appropriate forms of remedy or relief.

**Sec. 2-96. Administration and enforcement of legislation in municipal corporations and special taxing districts.**

  (a)    County enforcement of municipal laws and special taxing district regulations.

    (1)   Any municipal corporation, by ordinance, or any special taxing district, by regulation, may request and authorize the County to administer or enforce any municipal law or special taxing district regulation. The County may administer or enforce the municipal law or special taxing district regulation on the terms and conditions as may mutually be agreed.

    (2)   The County Executive may agree with a municipal corporation or special taxing district to enforce and administer any municipal law or special taxing district regulation.  That agreement may authorize an agent of the municipal corporation or special taxing district to issue a citation, as an agent of the County, for a violation of any municipal law or special taxing district regulation.

    (3)   After an agreement under this subsection takes effect, the County may treat a violation of any regulation of a special taxing district that the Council has approved (including a regulation adopted under Section 49-4) as a violation of the County Code under Section 1-18.  In addition to any other remedy or penalty specified in the regulation, each violation of any regulation of a special taxing district may be treated as a Class B civil violation unless another class of violation is cited in the regulation.

  (b)    Enforcement of county laws by municipal corporations.

    (1)   If requested by any municipal corporation, the County Executive may delegate the administration or enforcement of any county law that applies in a municipal corporation to the chief administrative officer of the municipal corporation.

    (2)   The County Executive may agree with the municipal corporation to regulate the delegation of the County's administration and enforcement powers to the municipal corporation's chief administrative officer.

**Sec. 2-97. Reserved.**

**Sec. 2-98. Reserved.**

**Secs. 2-99-2-104. Reserved.**

**Sec. 2-105. Reserved.**

**Sec. 2-106. Existing requirements as to advertisement not affected.**

  Nothing in this article shall be construed to alter or amend the existing requirements of law imposed upon the council or the officials and agencies of the county with respect to the requirements of advertisement of orders, regulations, ordinances, tax sales, notices, etc., now required by existing law.

**Sec. 2-107. Distribution and sale of information.**

  The council shall make such information so published available for general distribution within the county either without charge or upon such charge as the council may deem sufficient in its discretion to cover the actual cost of collecting and publishing such information.

### Article V. County Board of Appeals.

**Sec. 2-108. Established; composition; appointment and term of chair and members; disclosure of interests.**

  (a)   Appointment. The County Board of Appeals consists of 5 members appointed by the County Council for four-year terms. A vacancy occurring before the end of a term must be filled by appointment for the remainder of the term. The Council must ask the County Executive to recommend within 30 days one or more qualified applicants before making any appointment.

  (b)   Chair.  The Council must designate a member of the Board as chair.  That member serves as chair at the pleasure of the Council.

  (c)   Applicant Disclosure.

    (1)   Each applicant for membership on the Board must submit a sworn confidential financial disclosure statement as required by Chapter 19A. After reviewing the disclosure statement, the County Council or its designee may interview the applicant in private as to any potential conflict of interest. The Council may require the applicant to produce any document relevant to the appointment.

    (2)   The Council must release to the public the financial disclosure statement submitted by the person appointed not later that 21 days after the appointment.  The Council must destroy the statements submitted by all other applicants immediately after the appointment is made without disclosing any information in them to anyone.

**Sec. 2-109. Code of ethics.**

  (a)   Application. The provisions of this section shall apply only to the members and employees of the county board of appeals.

  (b)   Conduct prohibited. No member shall:

    (1)   Decide or participate in a decision in which he has a financial interest, as owner, member, partner, officer, employee, stockholder or other participant of or in any private business or professional enterprise that will be affected by such decision, nor shall a member knowingly participate in a decision affecting a person related to him or his spouse as father, mother, brother, sister or child. This section shall not be construed to prohibit a member from having or holding private investment, business or professional interests, but shall be construed to apply when such interests are or reasonably may be in conflict with the proper performance of duty by the member. Such interests shall be presumed to be in conflict with proper performance of duty by the member when he or his spouse, or the father, mother, brother, sister or child or either, jointly or severally, owns a total of more than three (3) percent of the invested capital or capital stock of any groups, firms, corporations or associations involved in the decision being made by the board of appeals or receives a total combined compensation of more than five thousand dollars ($5,000.00) per year from any individual groups, firms, corporations or associations involved in the decision being made by the board of appeals. Such presumption shall not be construed to apply to or include an interest or investment in land geographically remote from the land involved in the decision, a possibility of reverter, a mortgage or other security interest in which the real party in interest is not as otherwise defined in this section.

    (2)   Act as broker, agent, attorney, representative or employee of any person in his business dealings with the county, the Maryland-National Capital Park and Planning Commission or Washington Suburban Sanitary Commission nor shall a member decide or participate in a decision on any matter in which a close business or professional associate has acted in any of these capacities or represented private interests before the county or the above agencies; nor shall a member represent private interests or appear in a position of advocacy, other than in the performance of his official duties, either in person or by associate, in any matter or proceeding pending before the county council, Maryland-National Capital Park and Planning Commission, the Washington Suburban Sanitary Commission or the board of appeals.

    (3)   Solicit or accept any gift, favor, loan, service, promise, employment or thing which might influence or tend to influence the proper performance of his duty.

    (4)   Voluntarily appear as attorney counsel or otherwise represent private interests or give opinion evidence against the interests of the county or its agencies or agencies of the state operating for the county in any action or proceedings in which the county or agency or any official of the county or agency acting in his official duty is a party, except where the interests of the county or agency are incompatible or adverse one to the other, and the member has been assigned to so appear or give evidence in accordance with his duty.

    (5)   Disclose any confidential information concerning the property, management, or affairs of the board of appeals, the county or agencies, or use such information to advance the financial or other private interests of himself or other persons.

    (6)   Attempt to influence for a purpose contrary to the provisions of this section any other county or state official in the conduct of the other official's duties.

  (c)   Exemptions. No part of this section shall be construed to prohibit a member of the board of appeals from appearing in the pursuit of his private interests as a citizen, or from accepting or receiving any benefit by operation of law, or prosecuting or pursuing any claim, right, privilege or remedy which is his by operation of law.

  (d)   Disclosure of interests; disqualifications. When a member has any interest as described in this section which is or reasonably may be incompatible with or in conflict with any of his official duties or acts, he shall disclose such interest publicly and he shall disqualify himself and not participate in the decision or act affected thereby.

  (e)   Ex parte or private communications. An ex parte or private communication from any person to a board member related to any contested case before the board, including special exceptions and variances, or to an appeal pending from an action of the board, is subject to the provisions governing those communications under the County Administrative Procedures Act.

  (f)   Effect of conflict of interests. If, because of disqualification or disqualifications by interest under the provisions of this section, less than a quorum of the board of appeals is available to act upon any particular matter, except special exceptions, the remaining members of the board shall constitute a quorum and shall have authority to transact business to the extent permitted by law; provided, that this shall not be construed to permit transaction of business contrary to the quorum requirements or other provisions of state or other law.

**Sec. 2-110. Qualifications of members.**

  Members of the County Board of Appeals must be residents of the County.  No more than 3 members may be registered to vote in primary elections of the same political party. Any person appointed to fill a vacancy created other than by the expiration of a term must be registered to vote in primary elections of the same political party as the member replaced.

**Sec. 2-111. Reserved.**

**Sec. 2-112. Jurisdiction.**

  (a)   The County Board of Appeals must exercise all functions of a Board of Zoning Appeals.  Any reference to a Board of Zoning Appeals for the County in state or County law means the County Board of Appeals.

  (b)   The Board must hear and decide each special exception or conditional use appeal, unless Chapter 59 directs otherwise.

  (c)   The Board has the following appellate jurisdiction.

The Board must hear and decide each appeal taken under: | Those appeals involve:

  (d)   The Board must hear and decide any other appeal authorized by law.

  (e)   Any reference to the County Council as hearing an appeal in any chapter or section of the County Code listed in subsection (c) means the Board of Appeals.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 2-113.  Procedures.**

  (a)   Subject to the approval of the Council, the Board may adopt rules of procedure to govern its proceedings.  The Board’s rules may govern filing fees, the conduct of meetings and hearings, and other procedures necessary to hear and decide cases.  This Article and other laws, ordinances, rules and regulations under which the Board exercises authority control in any conflict with any rule adopted by the Board.

  (b)   The Board, and the Hearing Examiner in cases referred by the Board, must allow each party a reasonable opportunity to cross-examine each witness not called by that party on matters within the scope of that witness' direct testimony.

  (c)   The Board must decide any matter referred to it only after notice and opportunity for hearing and on the basis of the record before it.  However, the Board may decide any matter that the Board referred to a Hearing Examiner solely on the basis of the Hearing Examiner's report and recommendation.

  (d)   All hearings held by the Board or the Hearing Examiner must be open to the public.

**Sec. 2-113A. Referrals to hearing examiner.**

  (a)   The Board may, by vote of 3 members, refer any matter pending before it to be heard by a hearing examiner in the Office of Zoning and Administrative Hearings.  The Office must conduct the hearing under the Office’s rules of procedure or, if the Office’s rules do not apply to that type of hearing, the Board’s rules of procedure.  The hearing examiner must submit a written report and recommendation to the Board.

  (b)   Within 10 days after transmittal of the hearing examiner's report and recommendation, any person who, or association which, appeared and testified in person or by counsel at the hearing before the examiner may request, in writing, an opportunity to present oral argument to the Board before it issues a decision. Any request for oral argument must explicitly state the issues to be presented at the oral argument.  If oral argument is granted, the party who sought the oral argument must be limited to the issues stated in the request and any other issue specified in the order allowing oral argument. The Board may, in its discretion, grant or deny a request for oral argument.

  (c)   The Board must, after oral argument if argument is allowed:

    (1)   decide the matter on the basis of the evidence of record and the hearing examiner’s report and recommendation, or

    (2)   remand the matter to the hearing examiner for clarification or taking additional evidence, as appropriate.

**Sec. 2-114. Appeals from decisions.**

  (a)   If a party in a matter adjudicated by the Board of Appeals is aggrieved by a final decision of the Board in the matter, the party may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions.  A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

  (b)   Unless the court reviewing the Board’s decision orders a stay, the decision remains in effect pending a final decision of the court.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 2-115. Limitation upon authority.**

  Except as provided in section 2-113, nothing herein shall be construed to grant to the county board of appeals authority to adopt or amend any law, ordinance or regulation under which it exercises authority.

**Sec. 2-116. Employees, etc.**

  There may be appointed and assigned to the county board of appeals such employees, and the chief administrative officer shall make available to the board such services and facilities of the county, as are necessary or appropriate for the proper performance of its duties, and the county attorney shall serve as counsel to the board.

### Article Vi. Local Management Board for Children, Youth, and Families.

**Sec. 2-117.  Declaration of Policy.**

  The County Council finds that:

  (a)   State law requires the County to establish or designate a local management board to ensure the implementation of a local, interagency service delivery system for children, youth, and families.

  (b)   Under State law, the County may designate a quasi-public, nonprofit corporation that is not an instrumentality of the County to act as the County’s local management board.

  (c)   Designating a quasi-public, nonprofit corporation as the local management board will best enable the County to implement a local, interagency service delivery system for children, youth, and families.

**Sec. 2-118. Purposes; scope and mission.**

  The primary functions of the local management board are to:

  (a)   administer state funds for certain children’s services, and plan and coordinate those state- funded services;

  (b)   participate in community planning for children’s services related to the state-funded programs; and

  (c)   apply for and administer funds for children’s programs, as provided in Section 2-122.

**Sec. 2-119. Designation.**

  (a)   The County Council may designate, by resolution approved by the County Executive, a nonprofit corporation which complies with all requirements of this Article as the County’s local management board.  If the County Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes.

  (b)   Each designation expires 3 years after the resolution is adopted unless the Council extends it by adopting another resolution under this Section.

  (c)   A corporation must comply, through its articles of incorporation and bylaws, with all requirements of this Article to continue as the County’s local management board.

  (d)   In this Chapter, local management board means the corporation that the County has designated to implement a local, interagency service delivery system for children, youth, and families.

  (a) The first resolution adopted under Section 2-119(a), inserted by Section 1 of this Act, must take effect on July 1, 2004. Any corporation that seeks to be designated as the local management board must submit proposed articles of incorporation and bylaws to the County Executive and County Council for review and comment by May 1, 2004.

  (b) By February 1, 2004, the Director of the Department of Health and Human Services must submit to the Executive and Council a local management board transition plan to address such issues as financial oversight during a transition; modification of service contracts to assure that services to children and families are not disrupted; and transition of affected employees.

  (c) Notwithstanding any inconsistent provision of County Code Section 19A-13, a person employed by the Department of Health and Human Services before July 1, 2004, may be employed by a corporation after it is designated as the local management board, and if so employed may immediately work on any matter that the person significantly participated in as a Department employee.

**Sec. 2-120. Board of Directors.**

  (a)   Appointment and confirmation.  For a corporation to qualify as a quasi-public corporation, the corporation’s board of directors must be appointed by the County Executive and confirmed by the County Council.  The board of directors must have 21 voting members, allocated as specified in this Section.

  (b)   Public members.  The County Executive must appoint 12 members from the public sector, including:

    (1)   a designee of the President of the County Council;

    (2)   a designee of the President of the Board of Education;

    (3)   a designee of the Superintendent of Montgomery County Public Schools;

    (4)   the Director of the Department of Health and Human Services, or the Director’s designee;

    (5)   the Director of either the Department of Finance or the Office of Management and Budget, or either Director’s designee;

    (6)   the Director of the Core Service Agency, or the Director’s designee;

    (7)   the Regional Director of the state Department of Juvenile Services, or the Director’s designee;

    (8)   the County Health Officer, or the Officer’s designee; and

    (9)   a County employee who provides direct client social services to children, youth, or families.

Each member appointed from the public sector represents the public interest, and is not precluded from participating in a matter as a board member if that member’s government employer is a party to the matter.

  (c)   Private members.  The County Executive must appoint 9 members from the private sector, who may include:

    (1)   advocates for services to children, youth, and families;

    (2)   providers of services to children, youth, and families;

    (3)   parents of children who are receiving or recently received services of the type funded by the local management board;

    (4)   individuals between 18 and 25 years of age;

    (5)   business owners and managers;

    (6)   leaders of civic and community service organizations; and

    (7)   leaders of religious organizations.

However, the Executive must not appoint more than 2 persons who are members of a governing board of, and must not appoint any employee of, any organization that receives County funds, or state funds directed through the local management board, for children’s services.

  (d)   Representation.  In selecting public and private sector board members, the Executive must strive to achieve broad representation from various geographic areas and socio-economic and ethnic groups.

  (e)   Term; Removal.

    (1)   Each board member must be appointed for a term of 3 years.  However, when the board is first appointed, the Executive must appoint  of the members to 1- or 2- year terms.

    (2)   The Executive may reappoint a member, but a private sector member must not serve more than 2 consecutive full terms, not including any portion of an unexpired term.

    (3)   The Executive may remove a member for violation of law or other good cause specified in the bylaws of the corporation, after giving the Council at least 15 days’ notice of the proposed removal.

  (f)   Duties.  The board of directors must direct all aspects of the corporation’s program, management, and finances.

  (g)   Compensation; Relation to County retirement system.

    (1)   A member of the board serves without compensation.  However, the corporation may reimburse a private sector member for expenses incurred in attending meetings or carrying out other official duties.

    (2)   A member is not eligible to receive benefits under any County retirement system for services rendered as a board member.

**Sec. 2-121. Articles of Incorporation; Bylaws.**

  (a)   For a corporation to qualify as a quasi-public corporation, its articles of incorporation must provide that the corporation is:

    (1)   nonprofit;

    (2)   not an instrumentality of the County; and

    (3)   incorporated for the sole purpose of serving as the County’s local management board.

  (b)   The corporation’s bylaws may contain any provision, not inconsistent with laws or the articles of incorporation, to govern and manage the corporation.

  (c)   The corporation’s by laws must:

    (1)   prohibit conflict of interest, self-dealing, collusive practices, or similar impropriety by any member of the board of directors or employee, in a way that is at least as stringent as the conflict of interest provisions of the County ethics law; require the annual disclosure of a financial or similar interest of any director or officer in any matter that may come before the corporation; establish conditions under which a director or employee must not participate in corporation actions when there is a conflict between the person’s official duties and private interests; and include appropriate remedies for violations of these and other ethical standards, including removal or termination;

    (2)   require the board of directors to comply with the state open meetings law as if the corporation were a public body and each action by the board were a quasi-legislative functions;

    (3)   require competitive procurement for goods and services after reasonable public notice;

    (4)   require a surety bond or similar instrument to protect against misappropriation of funds by directors and employees;

    (5)   require a copy of each agreement with any state or federal agency to be sent to the Executive and Council within 14 days after the agreement is executed;

    (6)   require an annual audit by an independent accounting firm, a copy of which must be sent to the Executive and Council within 14 days after receipt and made available to the public on request;

    (7)   require quarterly and annual financial reports, reflecting funds received from all sources, to be submitted to the Executive, Council, and Board of Education;

    (8)   require the corporation to publish a detailed annual report of its operations and accomplishments, including initiatives undertaken, outcomes, objectives, performance measures, and evaluation of effectiveness, which must be submitted promptly to the Executive, Council, and Board of Education;

    (9)   require the corporation to publish an annual programmatic report to the public in an easily readable format;

    (10)   require each contract the corporation enters into to provide that the County government may assume the rights and obligations of the corporation under the contract if its designation as the local management board is suspended or revoked;

    (11)   require minutes of board meetings to be maintained on file and available for public inspection for at least 6 years; and

    (12)   require all contract files to be maintained for at least 6 years after the date of final payment.

  (d)   The board of directors must submit any proposed amendment to the articles of incorporation or bylaws to the Executive and Council for review and comment at least 60 days before the board takes final action on the amendment.  The board must submit a copy of each adopted amendment to the Executive and Council within 5 days after adoption.

**Sec. 2-122. Agreement with the State; Funding.**

  (a)   The local management board must enter into any agreement required by state law with the Governor’s Office of Children, Youth, and Families, or any successor state agency, to act as the local management board.

  (b)   The local management board must take, consistent with County law, any action necessary to comply with any applicable state regulation or requirement.

  (c)   The local management board may apply for and receive funds from the State and other sources, including:

    (1)   the Federal government;

    (2)   County departments, offices, and agencies;

    (3)   private donations; and

    (4)   government and private grants.

  (d)   However, the local management board must obtain the Council’s approval before the local management board applies for any non-government grant or donation that would exceed $500,000 in any fiscal year, that would require a County match that would exceed $10,000, or that would require the local management board to provide or fund any service after the grant or donation is fully spent.  The Council, after giving the Executive a reasonable time to offer a recommendation, may indicate its approval or disapproval by any means authorized by a majority of Councilmembers.

**Sec. 2-123. Revocation of Designation as Local Management Board.**

  The Council at any time may suspend or revoke the designation of a corporation as the local management board by resolution, adopted after at least 15 days public notice, that is approved by the County Executive or if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 6 Councilmembers.

### Article Vi. Reserved.

### Article Vii. State'S Attorney and Assistants.

**Sec. 2-123A. Compensation of the State's Attorney.**

  (a)   Except as provided in subsection (b), beginning on January 3, 2011, the State’s Attorney must receive an annual salary of $199,000.

  (b)   Beginning on January 6, 2014, the salary of the State’s Attorney must be adjusted annually on the first Monday in January by the annual average percentage increase, if any, in the Consumer Price Index for All Urban Consumers for the Washington- Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the 12 months preceding September 1 of that year.

**Sec. 2-124. Duties of assistant generally.**

  The assistant state's attorney shall, under the direction of the state's attorney, assist in the duties and work in and about the state's attorney's office, including investigation and production of facts and evidence and the preparation of the state's cases.

**Sec. 2-125. Courts in which assistant's appearance may be made.**

  The assistant state's attorney may appear before the justice of the peace or trial magistrates and before such other courts as the state's attorney may direct.

**Sec. 2-126. Appearance on behalf of state.**

  The assistant state's attorney may, at the direction of the state's attorney, appear in any circuit court of the state on behalf of the state; provided, that no additional compensation shall be paid for this service.

**Sec. 2-127. Collection and disposition of fees.**

  It shall be the duty of the sheriff to collect and pay over to the director of finance quarterly an appearance or other fee, taxed as part of the costs payable to the state's attorney in any criminal case.

**Sec. 2-128. Appointment of County Attorney as Assistant State's Attorney; powers, duties.**

  (a)   The State's Attorney for the County may appoint the County Attorney and any Assistant County Attorney as an Assistant State's Attorney.

  (b)   Assistant State's Attorneys so appointed have the same powers as an Assistant State's Attorney appointed under other applicable law and must assist the State's Attorney in  prosecuting violations of:

    (1)   Chapter 5 (Animal Control);

    (2)   Chapter 8 (Buildings);

    (3)   Chapter 22 (Fire Safety Code);

    (4)   Chapter 24A (Historic Preservation);

    (5)   Article 3 of Chapter 49 (Streets and Roads);

    (6)   Chapter 50 (Subdivision of Land);

    (7)   Chapter 59 (Zoning);

    (8)   any County law, and any regulation adopted by the Council sitting as the County Board of Health;

    (9)   Title 11 of the Agriculture Article of the Maryland Code, relating to standards of weights and measures; and

    (10)   any other, law, rule, regulation, or ordinance adopted by the Council.

  (c)   Any Assistant State's Attorney appointed under this Section must serve without additional compensation.

  (d)   Nothing in this Section limits any authority of the County Attorney or an Assistant County Attorney to prosecute any violation listed in this Section as County Attorney or Assistant County Attorney. Each prosecution must be brought in the name of the State or County, as appropriate.

### Article Viii. Reserved.

**Secs. 2-129-2-133. Repealed by 1978 L.M.C., ch. 32, § 3.**

**Secs. 2-134, 2-134A. Repealed by 1997 L.M.C., ch. 12, § 1.**

### Article Ix. Public Facility Area Development.

**Sec. 2-135. Short title.**

  This article shall be known and may be cited as the public facility area development law.

**Sec. 2-136. Findings and declaration of public purpose.**

  It is hereby found and declared that Montgomery County, the State of Maryland, and other public agencies operating within Montgomery County face very large and continuing expenditures for the provision of highways, schools, health centers, rapid transit lines and stations, and other public facilities to serve a growing population; that the benefits and costs of such major public facilities may be significantly affected by securing the orderly, planned development of land adjacent to those public facilities; that the costs and benefits at issue are (1) efficiency and economy in the provision of public services, both in capital cost and in operating cost, by means of the functional use and usefulness of the public facility plus the impact of the facility upon the overall land and facility development pattern proposed in the general plan of the county, and (2) attractiveness and amenity of the physical environment, and (3) growth in the local economy and tax base. It is further found and declared that these benefits derived from orderly development adjacent to public facilities can be secured much more reliably by a process whereby land adjacent to the proposed public facility is purchased at the time that land for the facility itself is acquired, a site plan is prepared for the public facility and the adjacent land together, and the adjacent land made available at the proper time for private development according to that plan; and that the acquisition of private property for such public facility area development projects is necessary and is hereby declared to be for a public purpose.

**Sec. 2-137. Definitions.**

  The following terms in this Article have the meanings indicated, unless a different meaning is clearly indicated in the context:

  Public facility means any parcel of land of one (1) acre or more, with or without buildings or other capital improvements, devoted to public use, including roads, highway interchanges, rapid transit lines and stations, parking garages, schools, colleges, hospitals, health centers, government office buildings, fire and police stations, parks, recreation centers, golf courses, sanitary landfills, and any other significant facility whose construction is an established public purpose.

  Public facility area means a public facility site plus that limited land area adjacent to an existing or proposed major public facility where at least one of the following conditions exists:

    (1)   The nature of the public facility is or will be such that adjacent private development may reasonably be expected to have a definite impact on the use and usefulness of the facility and its potential contribution to the attractiveness of the environment.

    (2)   There is an approved master plan of land use, transportation, and public facilities which identifies certain strategic and limited areas, the development of which for the use shown on the master plan is desirable to the implementation of the basic concepts of that master plan.

    (3)   The owner of the parcel needed for the proposed public facility is unwilling to sell only that part of his land needed for the public facility alone.

    (4)   One (1) public agency purposes to transfer a parcel of land to a second public agency which needs most but not all of the parcel for one (1) or more specific public facilities.

  Public facility area plan means a site development plan, as it exists from time to time, specifying generally or in exact detail, as may be judged appropriate in specific instances by the county council and county executive, the location and types of land uses, activities, and improvements directed or permitted to take place both on the site occupied by the public facility and on the adjacent land acquired within the public facility area.

  Public facility area development project means all of the following actions, taken in the following order:

    (1)   The council holds a public hearing on the designation of a proposed public facility area. The council or county executive may propose a designation before a binding contract to purchase a public facility is signed. Any proposal to designate an area as a public facility area requires the affirmative vote of 5 members of the council for approval. The approval is subject to veto by the county executive. The council may approve the proposal over the disapproval of the county executive by the affirmative vote of 6 members;

    (2)   Acquisition of land within a public facility area;

    (3)   Preparation of a public facility area plan, which plan may be proposed by either the county executive or the county council;

    (4)   Holding of land pending a suitable time for disposition;

    (5)   Conducting a public hearing on the public facility area plan prior to disposition of any land for private development, provided, however, that any such plan shall be approved and be subject to veto and reapproval in the same manner as provided in subsection (e)(1) of this section, provided, however, that once a public facility area plan has been approved, the county executive shall execute that plan in accordance with its terms and conditions; and

    (6)   Disposition of land for development according to the public facility area plan.

**Sec. 2-138. Powers and authority of county executive and council generally.**

  (a)   The county executive for Montgomery County is hereby authorized and empowered to carry out and effectuate the purposes and provisions of this article.

  (b)   Generally. To carry out public facility area development projects, which shall be limited to public facility areas.

  (c)   Acquisition of land and property. To acquire by purchase, gift, option, or any other legal means, excluding condemnation, land and property of every kind and any right, title, interest, franchise, easement, or privilege therein, for use in a public facility area development project.

  (d)   Plans and surveys. To make or have made all surveys and plans necessary to carry out the purposes of this article and to adopt or approve, modify and amend such plans, which plans may include but are not limited to: the identification of areas appropriate for public facility area development projects, and the preparation of public facility area plans.

  (e)   Sale, lease, etc., of property acquired. To sell, lease, convey, transfer or otherwise dispose of or retain any land or property acquired in a public facility area, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person or other legal entity. Prior to such disposition of land, a public facility area plan shall have been prepared. Any lease or rental agreement entered into pursuant to this article, for any of the purposes or objectives contemplated by this article, is hereby declared to be exclusively for business or commercial purposes and the fee, interest, rent, or charge reserved to be paid shall not be subject to redemption by the lessee, tenant or their successors in title, except to the extent and in the manner set forth in such lease agreement. Such property shall be subject to such covenants, conditions and restrictions, including covenants running with the land as the county council and county executive may deem to be necessary or desirable to promote the orderly development of Montgomery County or to otherwise carry out the purposes of this article. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the public facility area plan, and may be obligated to comply with such other requirements as the county council and county executive may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the public facility area plan. Such real property or interest therein shall be retained, sold, leased, or otherwise transferred at no less than its fair market value for uses in accordance with the public facility area plan. In determining the fair market value of real property for uses in accordance with the public facility area plan, consideration shall be given to the uses provided in such plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser or lessee or by the county retaining property; and the objectives of such plan for the promotion of orderly development. The conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, or encumber, or lease, or otherwise transfer the real property without the prior written consent of the county executive.

  (f)   Loans, grants, gifts, etc. To apply for and accept from the United States of America, the State of Maryland, or any department or agency thereof, or any other source, any loan, grant, gift, contribution, or aid of any kind.

  (g)   Other powers and procedures. Except as otherwise provided in this chapter, the powers and procedures for land acquisition, financing, including the levying of taxes and the issuance of bonds on the full faith and credit of the county, the construction of improvements, and land disposition shall be as defined and established in chapter 2 of the Montgomery County Code, 1965, and amended from time to time.

  (h)   Powers of other agencies. Nothing in this chapter shall be construed in any way to abrogate or curtail the powers of other public agencies or officers to select sites and to acquire and develop land in accordance with the provisions of the Annotated Code of Maryland or the Montgomery County Code.

### Article X. Office of Zoning and Administrative Hearings.

**Sec. 2-139. Reserved.**

**Sec. 2-140. Powers, duties and functions.**

  (a)    The Office of Zoning and Administrative Hearings must:

    (1)   schedule and conduct public hearings on any appeal or other matter assigned by law or by the County Council, County Executive, or other officer or body authorized to assign matters to a hearing examiner;

    (2)   issue a subpoena, enforceable in any court with jurisdiction, when necessary to compel the attendance of a witness or production of a document at any hearing, and administer an oath to any witness;

    (3)   allow each party in any hearing a reasonable opportunity to cross examine each witness not called by that party on matters within the scope of that witness' testimony;

    (4)   forward a written report, with a recommendation for decision, to the body that assigned the matter, including findings of fact and conclusions of law where required or appropriate;

    (5)   adopt regulations, subject to Council approval under method (2), to govern the conduct of public hearings and other activities of the Office.

  (b)    The Office may act as an administrative office or agency designated by the District Council, as prescribed in Division II of the Land Use Article of the Maryland Code.

  (c)   The Office may hear, and submit a written report and decision to the specified officer or body on, any:

    (1)   application to initiate, modify or revoke a special exception or conditional use, as provided in Chapter 59;

    (2)   designation by the County Council of a geographic area as a community redevelopment area;

    (3)   matter referred by the Board of Appeals under Section 2-112(b); or

    (4)   waiver or objection to a finding made by the Director of the Department of Housing and Community Affairs concerning an application for an accessory dwelling unit rental housing license under Section 29-26.

  (d)    When the County Executive or a designee must conduct an administrative hearing under any law, the Executive may authorize the Office of Zoning and Administrative Hearings to conduct the hearing or any particular class of hearings.

### Article Xi. Boards, Committees and Commissions.

**Sec. 2-141. Scope of article.**

  It is the intent of the council to establish a uniform system for classifying all groups of the county government and for prescribing procedures for their operation. This article must therefore apply to all existing and newly created groups which function as a part of the county government, including all groups established by law, resolution, and executive order. Wherever a conflict exists between this article and state law, the state law must control. It is the intent of the council that any substantive law which creates a group covered by this act shall not be diminished or the group's responsibilities reduced in any manner whatsoever. Wherever a conflict exists between this article and existing county law, the prior county law shall control.

**Sec. 2-142. Definitions.**

  The following terms wherever used or referred to in this article shall have the following meanings:

  Board means a semi-autonomous body established by federal, state or county law. A board is a formal committee with structure, duties and powers established by law. A board usually performs a quasi-judicial function, licensing, or regulation.

  Commission means a body established by local law to study and recommend action to the Executive or the Council. A commission is a formal, standing committee with structure, duties and powers established by law. A commission often has an administrative or functional responsibility, such as reviewing land use plans or studying the supply of low and moderate priced housing.

  Committee means a body appointed with a specific task or function. A committee makes recommendations and forwards them for appropriate action. A committee is advisory in nature and can be either a formal (standing) committee established by law or resolution, or an informal (ad hoc) committee. A committee may oversee and advise in service areas, such as housing and transportation, or it may advise the Executive or Council on specific issues and recommend policy direction.

  Compensation means payment for services rendered as a committee member; it shall not include reimbursement for actual expenses incurred as a committee member.

  Group means any board, committee, commission, task force, or any similar body established by federal, state, or county law, resolution or executive order, which functions as a part of the County government.

  Task Force means a body appointed to study or work on a particular subject or problem. A task force ceases to exist upon completion of its charge.

**Sec. 2-143. Reserved.**

**Sec. 2-144. Budget.**

  Each group's staff and yearly allocation of funds, if any, must be indicated in the budget and no group must spend more than its budgeted amount. The appointing authorities must furnish such staff support as deemed necessary for each group which does not have its own staff provided for in the budget.

**Sec. 2-145. Compensation; reimbursement.**

  (a)   Unless a law expressly precludes compensation, the Council may establish compensation for members of a particular group by an appropriation that funds a line item in the budget. An appropriation may establish levels of compensation by categories or subcategories or groups.

  (b)   Unless another method of compensation is established, a group member is compensated for each day that the member works on group business after the member is authorized to do the work by the group or the presiding officer of the group.

  (c)   Whether or not a group member is compensated for serving on the group, the member may request reimbursement for travel and dependent care. The rate of reimbursement is established in an appropriation.

  (d)   A group member must not be compensated or reimbursed for travel or childcare expenses if appropriated funds are not available.

**Sec. 2-146. Terms of boards, committees, commissions, and task forces.**

  (a)   The law, resolution, or executive order establishing or continuing any board, committee, commission, or task force should specify the term of the group's existence. If no term is specified, then the board, committee, commission, or task force continues until terminated. The County Executive should monitor the expiration date of those boards, committees, commissions, and task forces that the County Executive appoints. The County Council should monitor the expiration date of those boards, committees, commissions, and task forces that the County Council appoints.

  (b)   Any new board, committee, commission, or task force should have from 5 to 15 voting members.

  (c)   Evaluation and Review Board Committee.

    (1)   The County Executive must appoint and convene at least every 6 years, subject to confirmation by the Council, a citizens review committee comprised of at least 11 members.

    (2)   The Committee must review the group system and each then-existing board, committee, commission, and task force and report to the Executive and Council its recommendations for changes in individual boards, committees, commissions, and task forces and the group system as a whole.  The Committee must submit an interim report to the Executive and Council within 6 months of appointment and submit a final report within 12 months of appointment.

    (3)   The County Executive must designate the review committee’s chair and vice-chair.

  Sec. 2. Contents of Committee Evaluation and Review Board Report.  As part of its report, the first Committee Evaluation and Review Board appointed after November 8, 2011 must:

  (a) develop scenarios for reduction of County staff time used to support the committees; and

  (b) include a discussion of advisory board member workload.

  Sec. 3. Continuation of certain board, committees, and commissions:

  (a) Purpose. The County has many boards, committees, and commissions that provide a valuable service to the County with the work they perform.  These boards, committees, and commissions require significant personnel and operating costs to function.  In Fiscal Year 2011, the County spent an approximate $1.4 million on personnel and operating costs to support the County’s boards, committees, and commissions.  While these boards, committees, and commissions provide a valuable service, there may be opportunities for consolidation.

  (b) Continuation.

  (1)   In this section, the following words have the meanings indicated:

        Advisory board means the following boards, committees, and commissions: Advisory Committees on Consumer Protection, Agricultural Advisory Committee, Airpark Liaison Committee, Cable and Communications Advisory Committee, Commission for Women, Commission on Aging, Commission on Child Care, Commission on Children and Youth, Commission on Health, Commission on Juvenile Justice, Commission on People with Disabilities, Commission on Veterans Affairs, Committee for Ethnic Affairs, Committee on Hate/Violence, County- wide Recreation Advisory Board, Criminal Justice Coordinating Commission, Department of Permitting Services Advisory Committee, Dickerson Area Facilities Implementation Group, Domestic Violence Coordinating Council, Down County Recreation Advisory Board, East County Citizens Advisory Board, East County Recreation Advisory Board, Energy and Air Quality Advisory Committee, Fire and Emergency Services Commission, Forest Conservation Advisory Committee, Friendship Heights TMD Advisory Committee, Library Board, Mental Health Advisory Committee, Mid-County Citizens Advisory Board, Mid-County Recreation Advisory Board, Montgomery Cares Program Advisory Board, Noise Control Advisory Board, Pedestrian and Traffic Safety Advisory Committee, Rustic Roads Advisory Committee, Silver Spring Citizens Advisory Board, Silver Spring Transportation Management District Advisory Committee, Silver Spring Urban District Advisory Committee, Solid Waste Advisory Committee, Sustainability Working Group, Taxicab Services Advisory Committee, Technology Investment Fund Loan/Grant Committee, Upcounty Citizens Advisory Board, Upcounty Recreation Advisory Board, Victim Services Advisory Board, Water Quality Advisory Group, Western Montgomery County Citizens Advisory Board, Wheaton Urban District Advisory Committee.

        Committee Evaluation and Review Board means the Board appointed under § 2-146.

  (2)   Each advisory board must indicate to the Committee Evaluation and Review Board, within 60 days after the Committee Evaluation and Review Board is appointed, if the advisory board should continue.  Each advisory board that so indicates must provide the Committee Evaluation and Review Board with the following:

  (A)   a description of the work the advisory board does;

  (B)   justification for why the advisory board should be continued;

  (C)   a list of accomplishments from the prior 2 years, including any direct service provided by volunteers to residents;

  (D)   a discussion of advisory board member workload;

  (E)   a 2-year work program; and

  (F)   an explanation of the amount of government resources, including County employee staff time, used and a plan to reduce the use of those resources.

  (3)   In addition to the duties in § 2-146, as part of its report, the first Committee Evaluation and Review Board appointed after November 8, 2011 must review each advisory board that requests continuation under subsection (b)(2) and recommend to the Council whether the advisory board should continue.

**Sec. 2-147. Group reports; by-laws.**

  (a)   The law or resolution establishing a board, committee, commission, or task force may specify the dates when reports are due from the group and the subjects to be included in the reports. If the law or resolution is silent on the dates when reports are due, the board, committee, commission, or task force must submit an annual report on November 30 of each year to the Executive and Council containing a description of the group’s functions, activities, accomplishments, plans and objectives, including recommendations for changes in group functions.

  (b)   The Chief Administrative Officer may prescribe a format to be followed by groups in their annual report.

  (c)   The Chief Administrative Officer may adopt binding guidelines, consistent with law, for the organizational structure and internal procedures of groups in the Executive branch of County government.

  (d)   When any group in the Executive branch adopts by-laws or any other form of internal procedures, the Chief Administrative Officer must send a copy to the Council.

**Sec. 2-148. Appointments, removals, and training.**

  (a)   Appointments.

    (1)   In making appointments to groups, the appointing authority should consider the following criteria: interest, diversity of background and professions, relevant experience and expertise, and geographic balance. To promote broad participation, no individual should ordinarily serve more than 2 consecutive full terms or serve on more than one group at any one time.  However, an individual may serve on more than one group at the same time if the law that created a committee requires or allows a member of that group to be selected from members of another County group.

    (2)   Any individual who has served 2 full terms on a group is not eligible to serve on the same group until one year has elapsed.  The appointing authority may waive this restriction if:

      (A)   no other qualified applicant is available; or

      (B)   other unique circumstances justify the reappointment of the particular individual.

    (3)   Unless another term is established by the law, resolution, or executive order creating the group, the standard term for each appointment is 3 years, after any initial staggered term.

    (4)   A member must not continue to serve on a group after the member’s term has expired, and a successor has not been appointed and confirmed, for more than 6 months unless:

      (A)   another law expressly authorizes the member to serve longer; or

      (B)   the Executive has notified the Council why the member will continue to serve on the group.

  (b)   Removal for absenteeism.

    (1)   A member of a group who misses more scheduled meetings or hearings than the number of allowed absences, computed by the following table, or who misses 3 consecutive scheduled meetings, is automatically removed.  Scheduled meeting or hearing means any meeting or hearing for which at least 7 days advance notice was given and which was held as scheduled

Number of Meetings Held in One Year | Allowed Absences
1-4 | 1
5-8 | 2
9-12 | 3
13-16 | 4
17+ | 5

    (2)   An automatic removal under this subsection takes effect 30 days after the presiding officer notifies the appointing authority. The presiding officer of the group must promptly notify the appointing authority of any member who has been automatically removed and must explain any known extenuating circumstances. The presiding officer should send a copy of the notice to each member of the group.

    (3)   The appointing authority, on request of the affected member, may waive the removal for illness, emergency or other good cause. The appointing authority must notify the member whether a waiver has been granted.

    (4)   If a waiver has not been granted, the appointing authority must appoint a successor to complete the unexpired term, subject to Council confirmation if the original appointment was subject to Council confirmation.

  (c)   Other causes for removal.

    (1)   The appointing authority may remove a group member for:

      (A)   neglect of duty;

      (B)   misconduct in office;

      (C)   a member’s inability to perform the duties of the office;

      (D)   conduct that impairs a member from performing the duties of the office; or

      (E)   violation of law.

    (2)   Before a member is removed, the appointing authority must:

      (A)   notify the member in writing of the reason for removal; and

      (B)   give the member an opportunity to submit reasons why the member should not be removed.

    (3)   If any other provision of law requires the Council’s approval before a member is removed, that provision applies to a removal under this Section.

    (4)   If Council approval is not required before a member is removed, the appointing authority must notify the Council before the removal takes effect.

  (d)   Each member of a group must complete training on the Maryland Open Meetings Act, basic parliamentary procedure, and the Montgomery County Public Ethics Law. The Executive must establish standards for this training by method 2 regulation.

**Sec. 2-149. Procedures at meetings.**

  Unless a group meeting is subject to Chapter 2A, a meeting may be conducted informally. The parliamentary procedures of Robert's Rules of Order govern when it is necessary to take formal action or decide controversial matters. Group meetings must be open to the public in accordance with the state open meetings law.

**Sec. 2-149A. Open meetings – supplemental requirements.**

  (a)   Open Meetings Act – additional requirements.  A group must comply with the requirements under this section, in addition to the requirements under the state Open Meetings Act, Title 3 of the General Provisions Article of the Maryland Code, as amended.

  (b)   Notices of meetings.

    (1)   Except as provided under paragraph (3), a group must publish the notice required under Section 3-302 of the Open Meetings Act:

      (A)   within 5 business days after the group has determined the meeting date; and

      (B)   at least 2 calendar days before the meeting.

    (2)   If a meeting will include virtual access, the group must publish how the public may attend the meeting virtually.

    (3)   If the requirements of paragraph (1) cannot be met due to an emergency, a group must:

      (A)   publish the notice at least 24 hours in advance of the meeting; and

      (B)   indicate in the notice that the meeting is an emergency meeting.

  (c)   Meeting agendas.

    (1)   Except as provided under paragraph (2), a group must publish the agenda of a meeting under Section 3-302.1 of the Open Meetings Act:

      (A)   within 5 business days after the group has determined the agenda; and

      (B)   at least 2 calendar days before the meeting.

    (2)   If the requirements of paragraph (1) cannot be met due to an emergency, a group must:

      (A)   publish the agenda at least 24 hours in advance of the meeting; and

      (B)   indicate on the agenda that the meeting is an emergency meeting.

    (3)   If the requirements of paragraph (2) cannot be met due to an emergency declared by the Governor of Maryland or the County Executive, a group must:

      (A)   publish the agenda as soon as practicable in advance of the meeting; and

      (B)   indicate on the agenda that the meeting is an emergency meeting.

  (d)   Meeting minutes and recordings.

    (1)   Within 5 business days after it meets, a group must publish, if the group recorded the full meeting, a file of the recording, or a link to the recording.

    (2)   Within 5 business days after approving meeting minutes, a group must publish the approved minutes under Section 3-306 of the Open Meetings Act.

  (e)   Compliance and reporting requirements.

    (1)   The County department or office assigned to staff a group must ensure the group’s compliance with the requirements of this section.

    (2)   A group member, or member of the public, may complain to an office or department designated by the County Executive if a group does not comply with the requirements of this section.

    (3)   The designated office or department:

      (A)   may consult with the group, and staff assigned to the group, to address compliance issues under this section; and

      (B)   must report in writing to the Council, on a quarterly basis, regarding complaints received under this section and the resolutions of those complaints.

    (4)   Nothing in this Section prevents an individual from submitting a complaint to the state Open Meetings Compliance Board under the state Open Meetings Act, Title 3 of the General Provisions Article of the Maryland Code, as amended.

### Article Xii. People'S Counsel.

**Sec. 2-150. People's Counsel-Functions.**

  (a)   Purpose. Informed public actions on land use matters require a full exploration of often complex factual and legal issues. An independent People's Counsel can protect the public interest and promote a full and fair presentation of relevant issues in administrative proceedings in order to achieve balanced records upon which sound land use decisions can be made. In addition, a People's Counsel who provides technical assistance to citizens and citizen organizations will encourage effective participation in, and increase public understanding of and confidence in, the County land use process.

  (b)   Authority; duties. To protect the public interest and achieve a full and fair presentation of relevant issues, the People's Counsel may participate in a proceeding before:

    (1)   the Board of Appeals if the proceeding involves a variance or a special exception;

    (2)   the County Council (solely for oral argument) or the Hearing Examiner for the County Council if the matter involves a local map amendment, a floating zone plan approved under the zoning process or a conditional use; and

    (3)   the Planning Board if the proceeding involves action on an optional method development, a subdivision plan including a subdivision plan for a cluster development, or a site plan.

  The People's Counsel may also file a complaint under Section 59-G-1.3(b) alleging failure to comply with a special exception, or may seek a modification of a special exception under Section 59-G-1.3(c) or a revocation of a special exception under Section 59-G-1.3(e).

  (c)   Restrictions.  The People's Counsel must not participate in any legislative proceeding, or in any proceeding before a board or agency of any municipality in the County.

  (d)   Participation.  The People's Counsel is a party in a proceeding under subsection (b) once the People's Counsel files a notice of intention to participate.  After the notice is filed, the People's Counsel is entitled to all notices to a party and may participate by making motions, introducing evidence, calling witnesses, examining and cross-examining witnesses, and making arguments as the law and the evidence in the proceeding warrant. The People's Counsel may file and argue an appeal the same as any other party to the proceeding.

  (e)   Independent status.  The People's Counsel must not represent the County, any government agency, or any private party in any proceeding. The People's Counsel is not subject to the authority of the County Attorney.

  (f)   Notice.  If the People's Counsel intends to participate in a proceeding, the People's Counsel must give all parties a notice of intention to participate.

  (g)   Discretion.  In the People's Counsel's discretion, the People's Counsel may withdraw from, or decline to participate in, any proceeding in which the Counsel may participate under subsection (b). The People's Counsel is not liable to any person for participating in, or declining to participate in, any proceeding.

  (h)   Technical assistance.  Without becoming a party to any judicial or administrative proceeding, and subject to available time and resources, the People's Counsel may provide technical assistance to any person about a proceeding listed in subsection (b). When providing technical assistance under this subsection, the People's Counsel must inform the recipient that the People's Counsel is not acting and cannot act as a personal attorney for the recipient.

  (i)   Coordination.  The People's Counsel must coordinate the services of its office with those offered by land use information staff  in the Council, Board of Appeals, and Planning Board, to avoid inconsistency and duplication and to maximize the assistance offered to citizens.

  (j)   Annual report.  The People's Counsel must annually report to the Council on the activities of the office.

### Article Xiii. Inspector General.

**Sec. 2-151. Inspector General.**

  (a)    Goals. The goals of the Inspector General are to:

    (1)   review the effectiveness and efficiency of programs and operations of County government and independent County agencies;

    (2)   prevent and detect fraud, waste, and abuse in government activities; and

    (3)   propose ways to increase the legal, fiscal, and ethical accountability of County government departments and County-funded agencies.

  (b)    Appointment. The County Council must appoint an Inspector General for a term of 4 years, as provided in subsection (c).  Unless the Council reappoints the incumbent, the Council must select the Inspector General from a list of at least 3 qualified persons submitted by an Inspector General nominating panel, consisting of no less than 3 and no more than 5 County residents designated by the Council by resolution.  If the Council does not select one of the persons submitted by the nominating panel, the panel must submit another list of at least 3 other qualified persons.  The members of the nominating panel must not be employed by the County or any independent County agency during their service on the panel.

  (c)    Term. The term of each Inspector General begins on July 1 of the third year after an Executive and Council are elected, and ends on June 30 of the third year after the next Executive and Council are elected. An Inspector General must not serve more than two full 4-year terms, not including any time served as Inspector General to complete an unexpired term. The Council must appoint an Inspector General to complete a term if the Inspector General resigns, dies, or is removed from office. If the term of the Inspector General expires or the position is otherwise vacant, the senior professional staff member, if any, in the Office of the Inspector General serves as acting Inspector General until an Inspector General is appointed.

  (d)    Qualifications. The Inspector General must be professionally qualified, by experience or education, in auditing, government operations, or financial management, and must be selected solely on the basis of professional ability and personal integrity, without regard to political affiliation.

  (e)    Removal. The Council may remove the Inspector General by resolution adopted by the affirmative vote of 7 Councilmembers for neglect of duty, malfeasance, conviction of a felony, or other good cause. Before the Council adopts a resolution of removal, the Council or its designee must hold a public hearing if the Inspector General requests a hearing within 10 days after receiving notice of proposed removal from the Council.

  (f)    Budget. By 6 months after the Inspector General is appointed, the Inspector General must submit to the Executive and Council a projected budget for the Office of the Inspector General for the entire 4-year term. In the resolution approving the operating budget for the next fiscal year, the Council must also recommend a projected budget for the Office of the Inspector General for the 3 following fiscal years. The Council must specify in any later budget resolution how the Office budget for that fiscal year differs from the projected budget the Council previously recommended.

  (g)    Staff; Legal Counsel.

    (1)   The Inspector General may, subject to appropriation and all applicable merit system laws and regulations, appoint as a term merit employee one or more deputies and each of the other staff of the Office of the Inspector General as a merit employee. The term of each deputy should end when the next Inspector General takes office unless the Inspector General specifies a shorter term when appointing the term merit employee.  The Inspector General may also, subject to appropriation, retain project staff or other consultants by contract. The Inspector General may, with the agreement of the head of any other government department or agency, temporarily detail an employee of that department or agency to the Office of the Inspector General.

    (2)   The County Attorney must provide legal services to the Inspector General, and may employ special legal counsel for the Inspector General under Section 213 of the Charter.

    (3)   The Inspector General may employ and be represented by a special legal counsel who is not subject to the authority of the County Attorney, or may obtain legal services from persons outside the Office of the County Attorney, without the approval of the County Attorney if:

      (A)   the Inspector General finds that obtaining independent legal services is necessary to effectively perform his or her duties;

      (B)   the County Attorney has had a reasonable opportunity to comment on the qualifications of the person or firm that the Inspector General has selected to provide those services; and

      (C)   the County Council approves the Inspector General’s decision to obtain independent legal services and appropriates sufficient funds to cover the cost of the legal services.

  (h)   Powers and Duties.

    (1)   The Inspector General must attempt to identify actions which would enhance the productivity, effectiveness, or efficiency of programs and operations of County government and independent County agencies. In developing recommendations, the Inspector General may:

      (A)   conduct investigations, budgetary analyses, and financial, management, compliance, or performance audits and similar reviews; and

      (B)   seek assistance from any other government agency or private party or undertake any project jointly with any other governmental agency or private body.

    (2)   The Inspector General must:

      (A)   conduct a systematic risk-based rotating group by group review of the County’s internal accounting and contracting processes and controls used by each department and principal office in the Executive Branch; and

      (B)   conduct audits of high risk County contracts and agreements.

    (3)   The Inspector General may review or audit any County contract or agreement if the Inspector General determines that review or audit is in the public interest. The required duties described in paragraph (2) must not be construed to limit the powers and duties of the Inspector General established in paragraph (1).

In each project of the Office, the Inspector General should uphold the objective of complying with applicable generally accepted government auditing standards.

  (i)   Work plan. The Inspector General must direct the activities of the Office of the Inspector General, subject to a work plan for the Inspector General’s 4-year term which the Inspector General must adopt within 6 months after being appointed. The Inspector General may amend the plan during a term. The Inspector General must consider recommendations and may seek suggestions for the work plan from the Executive, the County Council, the head of each independent County agency, employees of County government and independent County agencies, employee organizations, and individual residents. The work plan must include the systematic review and audits required in subsection (h). The Inspector General must release the work plan to the public but may treat any item or suggestion for an item as confidential when advance public or agency knowledge of that item or suggestion would frustrate or substantially impede the work of the Office.

  (j)   Coordination. The Inspector General should consult with the Director of the Office of Legislative Oversight to assure that the work of the Inspector General complements but does not duplicate the work assigned by the Council to the Office of Legislative Oversight, as well as audits and other evaluations conducted by other departments and agencies.  The Inspector General may review any audit or program evaluation performed by or on behalf of any County department or agency, and may seek comments from the same or any other department or agency.

  (k)    Reports.

    (1)   The Inspector General must submit by October 1 each year an annual report to the Council and the Executive on the activities of the Office and its major findings and recommendations during the previous fiscal year.

    (2)   When the Inspector General completes a workplan item, the Inspector General must submit a written report on that item to the County Council, the Executive and the director of each affected department or agency. The report must describe the purpose of the project, the research methods used, and the Inspector General’s findings and recommendations. Each affected department or agency must be given a reasonable opportunity to respond to the Inspector General’s final draft of each report. After giving the Executive and the Council a reasonable opportunity to review the report, the Inspector General must release the report to the public, subject to the state public information act. The public report must include the agency’s response.  The Inspector General may keep any report prepared under this paragraph, and any information received in connection with that report, confidential until the report is released to the public.

  (l)    Access to information.

    (1)   The Inspector General is legally entitled to, and each department or office in County government and each independent County agency, including each officer, employee, and contractor of the department, office, and agency, must promptly give to the Inspector General, any document or other information concerning its operations, budget, or programs that the Inspector General requests. The Inspector General must comply with any restrictions on public disclosure of the document or information that are required by federal or state law.

    (2)   To perform the duties of the office, the Inspector General may issue a subpoena to require:

      (A)   any person to appear under oath as a witness; or

      (B)   the production of any information, document, report, record, account, or other material.

    (3)   The Inspector General may enforce any subpoena issued under this Section in any court with jurisdiction.

    (4)   Each employee or contractor of a County department or agency should report any fraud, waste, or abuse, to the Office of the Inspector General.  After receiving a report or other information from any person, the Inspector General must not disclose that person’s identity without the person’s consent unless that disclosure is necessary to complete an audit or investigation.

    (5)   An employee of the County government or any instrumentality of the County, an employee of any contractor or subcontractor with the County or any instrumentality of the County, and any individual who makes a complaint to the Inspector General must not be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the Inspector General in connection with any activity of that Office under this Section.

  (m)    Compliance. Each of the following acts is a Class A violation:

    (1)   withholding or refusing to respond to a valid request for documents or information under this Section;

    (2)   giving false or misleading information in connection with any audit, study, or investigation under this Section;

    (3)   retaliating or threatening to retaliate against any person for filing a complaint with the Inspector General, furnishing information, or cooperating in any audit, study, or investigation under this Section.

  (n)    Definition. As used in this Section, "independent County agency" means:

    (1)   the County Board of Education and the County school system;

    (2)   Montgomery College;

    (3)   the Housing Opportunities Commission;

    (4)   the County Revenue Authority; and

    (5)   any other governmental agency (except a municipal government or a state- created special taxing district) for which the County Council appropriates or approves funding, sets tax rates, makes levies, or approves programs or budgets.

  (o)   Council responsibility. The Council must ensure that the operating budget for the Office of the Inspector General is sufficient to provide the services required by this Section.

  Montgomery County v. Shropshire, 420 Md. 362, 23 A.3d 205 (2011) discusses access to records by the Inspector General under the Maryland Public Information Act.

**Sec. 2-151A. Montgomery County.**

  The County Council may, by local law, grant to the Inspector General the same authority over the following entities that the Inspector General has over a department of County government:

  (1)   the Housing Opportunities Commission of Montgomery County;

  (2)   Montgomery College; and

  (3)   the Montgomery County Board of Education and the public schools located in Montgomery County.

### Article Xiv. Open Data.

**Sec. 2-152. Title.**

  This Article is known as the “Montgomery County Open Data Act.”

**Sec. 2-153. Definitions.**

  In this Article, the following words and phrases have the following meanings:

  Agency means any department or office of the County government.

  Data means the final version of digital information.

  (a)

    (i)   in a structured, statistical, or alphanumeric form (i.e., list, table, graph, chart, or other non-narrative form) that can be digitally transmitted or processed; or

    (ii)   in an unstructured, factual, or content form (i.e., fact sheet, memorandum, press release, compliance guidance, manual, or other narrative form) that can be digitally transmitted or processed; and

  (b)   regularly created or maintained by or on behalf of and owned by an agency that records a file, measurement, transaction, or final decision related to the mission of an agency.

  Data does not include any information provided to an agency by another government entity; or any image file, such as a design, drawing, map, photo, or scanned copy of an original document.

  Maryland Public Information Act or Act means the Maryland Public Information Act, codified at Sections 10-611 through 10-630 of the State Government Article of the Maryland Code.

  Measurement means to quantify any characteristic of an observable event, occurrence, or object by comparison to a reference standard.

  Open Data Implementation Plan means a plan developed by the Chief Administrative Officer to implement this Article and as further described in Section 2-158.

  Open standard means a technical standard developed and maintained by a voluntary consensus standards body that is available to the public without royalty or fee.

  Public data set means data identified as eligible for publication by the Open Data Implementation Plan.

  Public data set does not include any portion of a data set that is not subject to disclosure under any Federal or State law, including the Maryland Public Information Act.

  Technical standard means:

  (a)   the common and repeated use of a rule, condition, guideline, or characteristic for any product or related process and production method, and related management systems practice; and

  (b)

    (1)   the definition of a term;

    (2)   classification of a component;

    (3)   delineation of a procedure;

    (4)   specification of dimension, material, performance, design, or operation;

    (5)   measurement of quality and quantity in describing any material, process, product, system, service, or practice;

    (6)   test method and sampling procedure; or

    (7)   description of fit and measurement of size or strength.

  Transaction means any interaction between an agency and any person related to the mission of an agency.

  Voluntary consensus standards body means a domestic or international organization that develops and maintains a technical standard that uses a transparent deliberative process, permits the participation of any party, and achieves general consensus, although not necessarily unanimity, of the participating parties, including a process to attempt to resolve any difference in viewpoint.

**Sec. 2-154. Public data set availability.**

  (a)   The County must make some public data sets available on a single web portal on the Internet within 1 year after this Article takes effect.  Every agency must make at least one public data set available to be published on a single web portal within the timeframe prescribed by the Open Data Implementation Plan. The Open Data Implementation Plan must assign and prioritize by subcategories the order in which public data sets should be published. To prioritize public data sets in the Open Data Implementation Plan, the Chief Administrative Officer must consider whether information embodied in the public data set:

    (1)   can be used to increase agency accountability and responsiveness;

    (2)   improves public knowledge of the agency and its operations;

    (3)   furthers the mission of the agency;

    (4)   creates economic opportunity; or

    (5)   responds to a need or demand identified by public consultation.

  (b)   Any published public data set that an agency makes available on the Internet must be accessible through a single web portal that is linked to www.montgomerycountymd.gov or any successor website maintained by, or on behalf of, the County.

  (c)   A public data set must be made available as specified in technical standards.

  (d)   A public data set must be published in a format that permits automated processing and must make use of appropriate technology to notify the public of all updates.

  (e)   Once published, a public data set must be updated as often as is required by the Open Data Implementation Plan.

  (f)   A published public data set must be made available without any registration or license requirement or restriction on use.  However, the County may require a third party providing to the public any public data set, or application utilizing that data set, to explicitly identify the source and version of the public data set and describe any modification made to that data set.  In this Section, registration or license requirement or restriction does not include any measure required to:

    (1)   assure access to a public data set;

    (2)   protect the single web site housing a public data set from unlawful abuse or an attempt to damage or impair use of the web site; or

    (3)   analyze the type of data being used to improve service delivery.

  (g)   A published public data set must be accessible to external search capabilities.

  (h)   Nothing in this Article prohibits an agency from:

    (1)   voluntarily disclosing information not otherwise defined as data; or

    (2)   making voluntarily disclosed information accessible through the single web portal.

  (i)   The Open Data Implementation Plan must address when and how an agency may change or terminate collection of data or remove the public data set from public access.

  (j)   The Open Data Implementation Plan must address appropriate staffing to manage the published public data sets.

**Sec. 2-155. Web portal administration.**

  (a)   The Open Data Implementation Plan must address measures to maintain bandwidth availability of the web portal.

  (b)   The County must conspicuously publish the open data policy in Section 2-156 on the web portal.

  (c)   The County must implement a mechanism to solicit public feedback and encourage public discussion on open data policies and public data set availability on the web portal.

  (d)   An agency must consider any request that it receives through the public feedback mechanism to include a particular public data set when making any determination as to priority for public data set inclusion on the single web portal.  An agency’s consideration of such a request must defer to the priority assigned to publication by the Open Data Implementation Plan.

**Sec. 2-156. Open data policy.**

  (a)   A public data set made available on the web portal is provided for informational purposes. The County makes no express or implied warranty as to the completeness, accuracy, content, merchantability, or fitness for any particular purpose or use of any public data set made available on the web portal.

  (b)   The County is not liable for any deficiency in the completeness, accuracy, content, or fitness for any particular purpose or use of any public data set, or application utilizing the data set, provided by any third party.

  (c)   This Article and the Open Data Implementation Plan do not create a private right of action to enforce their provisions.  Failure to comply with this Article or the Open Data Implementation Plan must not result in liability to the County.

**Sec. 2-157. Internet data set policy and technical standards.**

  (a)   Within 180 days after this Article takes effect, the County must prepare and publish a technical standards manual for the publishing of a public data set in raw or unprocessed form through a single web portal by an agency to make public data available to the greatest number of users and for the greatest number of applications.  The manual:

    (1)   must use open standards for web publishing and e-government, whenever practicable.

    (2)   must identify the reason why each technical standard was selected and to which types of data it applies;

    (3)   may recommend or require that data be published in more than one technical standard; and

    (4)   must include a plan to adopt or utilize a web application programming interface that permits application programs to request and receive public data sets directly from the web portal.

  (b)   The County must update the manual as necessary.

  (c)   The County must consult with appropriate voluntary consensus standards bodies and, when participation is feasible, in the public interest, and is compatible with agency and departmental missions, authorities, and priorities, participate with such bodies in the development of technical and open standards.

**Sec. 2-158. Open Data Implementation Plan.**

  (a)   Within 18 months after this Article takes effect, the Chief Administrative Officer must issue, via Method (2) regulation, an Open Data Implementation Plan.  The Plan must:

    (1)   include a summary description of a public data set under the control of each agency on or after this Article takes effect;

    (2)   prioritize the public data sets for inclusion on the single web portal on or before December 31, 2018, under the standards adopted by the County under Section 2-157; and

    (3)   create a timeline for their inclusion on the single web portal.

  (b)   If a public data set cannot be made available on the single web portal on or before December 31, 2018, the Open Data Implementation Plan must state the reason why the set cannot be made available, and, to the extent practicable, the date by which the agency in possession of the public data set believes that it will be available on the single web portal.

  (c)   No later than July 15, 2015, and every July 15 thereafter, the Chief Administrative Officer must submit to the Executive and Council, and post on the web portal, a report on the Open Data Implementation Plan until all public data sets to be published have been made available through a single web portal as required by this Article.  The report must explain:

    (1)   the specific measures taken to make a public data set available on the single web portal since the previous report;

    (2)   any specific measure that will be taken before the next report;

    (3)   whether the list of public data sets, outlined in the Open Data Implementation Plan should be updated;

    (4)   whether the prioritization of public data sets in the Open Data Implementation Plan should be changed; and

    (5)   whether the timeline outlined in the Open Data Implementation Plan for the inclusion of a public data set on the single web portal, should be changed.

  (d)   If a previously unidentified public data set cannot be made available on the single web portal on or before December 31, 2018, the report must explain why it cannot and, to the extent practicable, specify the date by which the agency in possession of the public data set believes that the public data set will be available on the single web portal.

**Sec. 2-159. Public Information Act Responses.**

  (a)   Definitions.  In this Section, the following words and phrases have the following meanings:

    County means Montgomery County and includes any Executive Branch department or office and any Legislative Branch office.

    Legislative Branch office means any office identified in Section 1A-203(b), the Board of Appeals, and the Merit System Protection Board.

    Information request means a request for documents submitted to the County under the Maryland Public Information Act.

  (b)   The Chief Administrative Officer must identify in the Open Data Implementation Plan what data elements and a schedule to make available on the web portal for information relating to the implementation of the Maryland Public Information Act by the County.

  (c)   The Legislative Branch must post all data elements, as identified by the Open Data Implementation Plan, on the same single web portal used by the Executive Branch.

  (d)   The Chief Administrative Officer’s report required by Section 2-158 must include an update on implementation of this Section.

### Article Xv. Immigrant Protections

**Sec. 2-160. Promoting Community Trust (Immigrant Protections).**

  (a)   Short title; legislative findings; purpose; and construction.

    (1)   Short title. This section may be known as the “Promoting Community Trust - Immigrant Protections Act”.

    (2)   Findings.

      (A)   Montgomery County is one of the most diverse counties in the United States, with a thriving immigrant community representing more than 30 percent of the County’s population. Consistent with the vision of creating a more equitable and inclusive County, it is vital that all residents of the County feel safe and welcomed and have access to the many resources which make the County an exceptional place to live.

      (B)   It is especially important that all County residents feel safe contacting police and other County law enforcement officials without fear that such contact could lead to negative consequences for themselves or their family members. Any perception that such contact could lead to negative immigration consequences for an individual or member of their family undermines that goal and erodes public safety.

      (C)   Enforcing federal immigration law is the responsibility of the federal government of the United States and it is not in the interests of Montgomery County to utilize its limited resources to facilitate the enforcement of federal civil immigration law.

    (3)   Purpose. This Section is intended to ensure that:

      (A)   immigrant and otherwise vulnerable communities engage with County departments, including public safety departments, with assurance that such engagement will not be used to assist in civil immigration enforcement or a discriminatory practice;

      (B)   the constitutional rights of immigrant County residents are not violated; and

      (C)   County benefits and services are provided to residents regardless of country of birth or immigration status.

    (4)   Construction. This Section must not be construed:

      (A)   to prevent or limit the County’s enforcement of criminal law or cooperation regarding the enforcement of criminal law;

      (B)   to prevent the County from sending to or receiving from any local, state, or federal agency information regarding the citizenship or immigration status of an individual if required by state or federal law; or

      (C)   in a manner that violates state or federal law.

  (b)   Definitions. In this Section, the following terms have the meanings indicated.

    Agent means any person employed by or acting on behalf of a Department.

    Civil administrative warrant means an immigration order of arrest, order to detain or release a foreign national, notice of custody determination, notice to appear, removal order, warrant of removal, or any other document, including those issued by the United States Department of Homeland Security or any other federal immigration official or agency, including an immigration judge, that can form the basis for an individual’s arrest or detention for a civil immigration enforcement purpose.

    Civil administrative warrant includes DHS Form I-205 “Warrant of Removal/Deportation”; DHS Form I-200 “Warrant for the Arrest of Alien”; DHS Form I-286 “Notice of Custody Determination”; DHS Form I-203 “Order to Detain or Release Alien”; any warrant, request, or hit contained in the “Immigration Violator File” of the FBI”s National Crime Information Center (NCIC) database; and any predecessor or successor form or database.

    Civil administrative warrant does not include a criminal warrant issued upon a judicial determination of probable cause and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article 26 of the Maryland Declaration of Rights.

    Contact information means home address, work address, telephone number, electronic mail address, social media contact information, license plate information, or any other means of contacting an individual or through which an individual may be located.

    County resources means any money, facilities, property, equipment, personnel, including personnel time, or other assets funded in whole or in part by Montgomery County.

    Department means any County department, agency, division, commission, council, committee, board, other body, or office established by authority of County law.

    DHS means the United States Department of Homeland Security or any successor agency.

    DOJ means the United States Department of Justice or any successor agency.

    Family member means a person’s:

    (1)   immediate family;

    (2)   extended family;

    (3)   court-appointed legal guardian or a person for whom the person is a court-appointed legal guardian; or

    (4)   domestic partner or the domestic partner’s immediate or extended family.

    Eligible for release from custody or eligible for release means one of the following conditions has occurred:

    (1)   all criminal charges against the person have been dropped or dismissed;

    (2)   the person has been acquitted of all criminal charges filed against the person;

    (3)   the person has served all the time required for a criminal sentence;

    (4)   the person has been released on a conditional bail release; or

    (5)   the person is otherwise eligible for release under applicable law.

    ICE means the United States Immigration and Customs Enforcement agency or any successor agency charged with the enforcement of civil immigration laws.

    Immigration detainer or detainer is a civil administrative detainer and means a request by ICE to a federal, state, or local law enforcement agency that the law enforcement agency provides notice of release or maintains custody of an individual based on an alleged violation of a civil immigration law, including detainers issued pursuant to sections 236 or 287 of the Immigration and Nationality Act or 287.7 or 236.1 of Title 8 of the Code of Federal Regulations, as amended.

    Immigration detainer or detainer includes DHS Form 1-247D “Immigration Detainer - Request for Voluntary Action”; DHS Form 1-247X Form “Request for Voluntary Transfer”; DHS Form 1-247N “Request for Voluntary Notification of Release”; DHS Form 1-247A “Immigration Detainer”; and any predecessor or successor form.

    Immigration enforcement official means any federal employee or agent engaged in immigration enforcement operations, including employees of DHS, DOJ, and ICE.

    Immigration enforcement operation means any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, including a civil administrative warrant or civil immigration detainer.

    Immigration status means all matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States, the time and manner of a person’s entry into the United States, or any other immigration matter enforced by DHS, its predecessor or successor agency, or any other federal agency charged with the enforcement of civil immigration laws.

    Person or individual means a natural person.

    Sensitive location has the meaning stated in Section 6-111 of the State Government Article of the Maryland Code, as amended.

  (c)   Requesting immigration status information – prohibited.

    (1)   An agent or department must not request information about, or otherwise investigate or assist in the investigation of, the immigration status of any person unless such inquiry or investigation is required by state or federal law, court order, or international treaty.

    (2)   If the citizenship or immigration status of an individual is relevant to protections, services, or benefits accorded to them under any County, state, or federal law, or required by any international treaty, an agent or department may notify the individual of the relevant protection or requirement and provide them an opportunity to disclose voluntarily their immigration status.

  (d)   Threats based on citizenship or immigration status – prohibited.

    (1)   An agent or department must not coerce, intimidate, or threaten any person based on the person’s actual or perceived immigration status or the actual or perceived immigration status of a member of the person’s family or any other associate of the individual.

    (2)   An agent or department must not subject an individual to verbal abuse, including disparaging or offensive comments, based on the individual’s actual or perceived immigration status, or the actual or perceived immigration status of a member of the individual’s family or any associate of the individual.

  (e)   Conditioning benefits, services, or opportunities on immigration status – prohibited.

    (1)   An agent or department must not condition the provision of County benefits, opportunities, or services on matters related to immigration status unless required to do so by County, state, or federal law, or court order.

    (2)   Where presentation of a Maryland driver’s license or identification card is accepted as adequate evidence of identity, presentation to an agent or department of a photo identity document issued by the person’s country of origin, such as a driver’s license, passport, or matricula consular (consulate-issued document), or issued by a non-profit organization pre-approved by the Chief Administrative Officer, must be accepted and must not subject the person to a higher level of scrutiny or different treatment than if the person had provided a Maryland driver’s license or identification card, except that this paragraph (2) must not apply to the completion of federally mandated I-9 forms.

  (f)   Immigration enforcement operations – additional limitations.

    (1)   Investigations, stops, and arrests. An agent or department must not participate in an immigration enforcement operation, including by stopping, detaining, or arresting an individual, based on:

      (A)   the actual or perceived immigration status of an individual;

      (B)   a civil administrative warrant or immigration detainer; or

      (C)   a belief that the person has committed a civil immigration violation.

    (2)   Inquiries during law enforcement actions. For the purpose of an immigration enforcement operation, an agent or department must not:

      (A)   require persons to prove their immigration status;

      (B)   request identification for the purpose of determining an individual’s immigration status; or

      (C)   prolong a stop or detention for questions related to an individual’s immigration status.

    (3)   Actions following arrest. A department or agency must not:

      (A)   contact an immigration enforcement official regarding an arrested person unless the person is subject to a valid judicial warrant requiring such action; or

      (B)   affect the manner in which a person is processed following an arrest based on a civil administrative warrant, immigration detainer, or other immigration enforcement operation.

    (4)   Detention after eligibility for release – prohibited. An agent or department must not detain a person based on:

      (A)   a civil administrative warrant or civil immigration detainer after the person becomes eligible for release from custody; or

      (B)   a belief that the person has committed a civil immigration violation.

  (g)   Access to County buildings; coordination with immigration enforcement officials – restricted.

    (1)   Sensitive locations. An agent or department must deny access to any portion of a sensitive location that is not accessible to the general public to any individual who is seeking access for the purpose of enforcing federal immigration law, unless:

      (A)   the individual presents a valid judicial warrant requiring access; or

      (B)   the access is otherwise required under state law.

    (2)   Coordination with immigration officials – limited. Except as permitted under paragraph (3) of this subsection, an agent or department must not, for the purpose of an immigration enforcement operation:

      (A)   permit immigration enforcement officials to access any portion of a building or facility operated by the County that is not accessible to the general public;

      (B)   permit immigration enforcement officials access to a person being detained by, or in the custody of, the department or agent;

      (C)   permit immigration enforcement officials to use non-public spaces of department facilities, information, or equipment;

      (D)   communicate any information about an individual who is the target of an immigration enforcement operation with immigration enforcement officials; or

      (E)   notify immigration enforcement officials that an individual has been or will be released from custody.

    (3)   The requirements of paragraph (2) of this subsection:

      (A)   must not be construed to prohibit compliance with a valid judicial warrant issued by a state or federal court; and

      (B)   do not apply to notifying an immigration enforcement official of the release of an individual from the Department of Corrections and Rehabilitation if the individual has been convicted under the Criminal Law Article of the Maryland Code, as amended, of:

        (i)   a crime of violence under Section 14-101;

        (ii)   Section 5-613 {Drug kingpin};

        (iii)   Section 9-805 {Organization or supervision of criminal organization prohibited};

        (iv)   Section 2-503 {Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se}, Section 2-504 {Homicide by motor vehicle or vessel while impaired by alcohol}, Section 2-505 {Homicide by motor vehicle or vessel while impaired by drugs}, or Section 2-506 {Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance};

        (v)   Section 3-211 {Life-threatening injury by motor vehicle or vessel while under the influence of alcohol and related crimes};

        (vi)   Section 3-307 {Sexual offense in the third degree};

        (vii)   Section 3-1102 {Sex trafficking}; or

        (viii)   Section 5-133(c)(1) {Restrictions on possession of regulated firearms} under the Public Safety Article of the Maryland Code, as amended.

Such notification must not occur earlier than 36 hours prior to release.

    (4)   This subsection must not be construed to permit an agent or department to prolong the detention of an individual who is eligible for release.

  (h)   Intergovernmental agreements for immigration enforcement – prohibited. An agent or department must not:

    (1)   enter into an intergovernmental services agreement, or other contract or agreement, with the federal government for the purpose of housing individuals subject to detention on civil immigration charges, or for any other purpose related to civil immigration enforcement; or

    (2)   enter into an agreement under 8 U.S.C. 1357(g) or any other federal law that permits state or local governmental entities to enforce federal civil immigration laws.

  (i)   Prohibition against discriminatory acts. Except as permitted under paragraph (2) of subsection (c), no County resources may be used to investigate, enforce, or assist in the investigation or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, religion, immigration status, or national or ethnic origin.

  (j)   Confidentiality; notice requirements; reporting.

    (1)   All applications, questionnaires, interviews or other forms used in relation to County benefits, opportunities, or services must be promptly reviewed by the pertinent departments and any questions regarding citizenship or immigration status, other than those required by law or court order, must be deleted if that information is not necessary for a County function. The department promptly must delete, to the extent permitted under applicable state law, any information regarding individuals’ immigration status that is not necessary for a County function.

    (2)   All departments must engage in a review of their confidentiality provisions to ensure that the provisions are in compliance with this Section and have sufficient safeguards in place to protect the privacy of sensitive information, including individual’s immigration status.

    (3)   Any request received by an agent or department from immigration enforcement officials to detain or notify immigration enforcement officials regarding a person in custody must be provided or communicated to the subject of such a request within 48 hours. If such request is in writing, the subject of the request must be provided with a copy of the request.

    (4)   The Executive must report to the Council every 6 months the number of requests received by agents and departments from immigration enforcement officials and the manner in which each request was handled.

### Article Xvi. Immigration Enforcement Guidance.

**Sec. 2-161. Short title; purpose.**

  (a)   Short title. This Article is known as “The County Values Act.”

  (b)   Purpose.

    (1)   The purpose of this Act is to uphold the County’s values of equity, inclusiveness, dignity, and justice for all;

    (2)   explain how County departments should respond to Immigration and Customs Enforcement actions;

    (3)   provide model policy language and guiding principles to help departments and facilities adopt consistent practices;

    (4)   maintain community trust by separating County services from federal immigration enforcement; and

    (5)   limit the use of County property for federal immigration enforcement purposes to enhance public trust, ensure equitable access to public facilities, and preserve County resources for local governmental purposes.

**Sec. 2-162. Definitions.**

  In this Section, the following words and phrases have the following meanings:

    County agent means any person employed by or acting on behalf of a County department, office, agency, board, committee, commission, or other body established by authority of County law.

    County-owned or County-controlled facility means a building controlled by the County that provides services to the public.

    County-owned or County-controlled property means real property owned, leased, or otherwise under the control or management authority of the County, including parking lots, garages, and vacant lots.

    Department means any executive branch County department, agency, division, or other body, or person established by authority of an order, executive order, or County Council order.

    Immigration and Customs Enforcement (ICE) means the federal enforcement agency responsible for enforcing civil immigration law, which may also include any entity or personnel authorized to enforce civil immigration law.

    Staging area means an area used to assemble, mobilize, or deploy vehicles, equipment, materials, or personnel for carrying out civil immigration enforcement operations.

**Sec. 2-163. Prohibition on use of County property for ICE enforcement.**

  (a)   Any County-owned or County-controlled parking lot, garage, or vacant lot must not be used for ICE enforcement activities, including surveillance, staging, processing, detention, or vehicle storage, unless required by law or authorized by a valid judicial warrant.

  (b)   Any area or space identified under subsection (d) is not available to the general public for similar activities described under subsection (a); in addition, federal, state, or local government entities or personnel will not receive special or enhanced access to County property for civil immigration enforcement operations.

  (c)   This Section does not apply to any temporary access necessary to address an immediate threat to public safety.

  (d)   The County Executive must identify all County-owned or controlled parking lots, vacant lots, or garages that either have been used or are likely to be used in the future as a staging area, processing location, or operations base for civil immigration enforcement.

  (e)   The County Executive must ensure that all such County properties identified under subsection (d) have clear signage stating:

    “This property is owned or controlled by Montgomery County. It may not be used for civil immigration enforcement as a: Staging Area, Processing Location, or Operations Base.”

  (f)   The County Executive must ensure that, wherever appropriate, physical barriers such as locked gates are used to limit access to County-owned or County-controlled parking lots, vacant lots, or garages consistent with the purpose of this Section.

  (g)   Reporting a violation or misconduct. A County agent, resident, or a member of the public who witnesses any of the following incidents may file a report through an online platform designated by the Executive regarding:

    (1)   unauthorized use of County-owned or County-controlled property, in violation of subsection (a) of this Section;

    (2)   unauthorized access to nonpublic spaces of County facilities; or

    (3)   harmful conduct by individuals conducting immigration enforcement.

  (h)   A violation reported under subsection (g) should include as much information as possible, including time, location, and a description of what was observed.

  (i)   The violation reported through the online portal may be used by the Office of County Attorney to assist in enforcing the law and to make appropriate referrals to third parties, including other government agencies.

**Sec. 2-164. Immigration enforcement guidance for County departments.**

  (a)   Guidance by the County Executive. The County Executive, in consultation with the Office of the County Attorney, must create and publish immigration enforcement guidance for County agents that perform work in or at County-owned or County-controlled facilities. The guidance must:

    (1)   establish an immigration enforcement action plan that provides a step-by-step process if ICE visits a County facility;

    (2)   indicate the process a facility should use when designating certain areas for public or non-public use;

    (3)   include model policies and sample scripts covering various scenarios involving potential ICE interaction;

    (4)   explain how to distinguish between different types of warrants and civil detainers;

    (5)   include policies and practices for departments to guide interactions between County agents and ICE officials, ensuring that immigration enforcement activities are carried out in the least disruptive and safest possible manner;

    (6)   include measures that would limit liability exposure for County agents at County facilities; and

    (7)   include recommendations for complying with existing legal obligations and limitations at County facilities while balancing public safety and accessibility at those facilities.

  (b)   Responsibilities of each Department. Unless otherwise required by state law, each department must:

    (1)   ensure County agents that perform work in or at County-owned or County-controlled facilities are trained on the Executive’s policies and guidance;

    (2)   designate a supervisor or manager to serve as the designated official responsible for handling visits by ICE;

    (3)   provide a phone number for frontline staff to contact a designated official at any time;

    (4)   where applicable, identify areas and post signage:

      (A)   at the entrances of County facilities that state: “Montgomery County does not consent to civil immigration enforcement operations on these premises,” and

      (B)   at entrances of non-public spaces that state: “Not Open To The General Public. Only authorized individuals permitted. A County agent may not consent to entrance for civil immigration enforcement without authorization from a designated official”; and

    (5)   include any other department-specific measures to assist County agents in balancing the interaction with ICE.

  (c)   Signage for private use. The County Executive must develop and make available on the County’s website a signage template that business owners and leaseholders may use to lawfully notify visitors that the property may not be used for immigration enforcement by ICE.

  (d)   Executive regulations. The County Executive may, under Method 3, establish regulations and standards as necessary to accomplish the purposes and intent of this Article. The regulations must be at least as stringent and consistent as this Article.

**Sec. 2-165. Compliance with Federal law.**

  No provision in this Article may be interpreted as preventing a law enforcement agent from sending or receiving information from any local, state, or Federal agency regarding the citizenship or immigration status of an individual in accordance with applicable federal or constitutional law.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 2A. Administrative Procedures Act.

### Article I. Appeals From Administrative Agencies.

**Sec. 2A-1. Declaration of policy and legislative intent.**

  It is hereby declared to be the policy of Montgomery County, Maryland, to provide for and ensure the realization of administrative due process with respect to specified appeals and contested matters which are subject to hearings before enumerated boards, commissions, offices and other administrative agencies performing quasi-judicial functions; and to provide where feasible, uniformity in procedures and regulations governing the processing of administrative appeals and other matters which require administrative and/or quasi-judicial hearings. It is the intent of the County Council to protect those legal rights afforded to affected parties who utilize and are subject to the administrative hearing processes established by the laws and ordinances of the County.

**Sec. 2A-2. Applicability.**

  This Chapter governs the following administrative appeals and proceedings and applies whether a hearing is conducted by a hearing examiner or another designated official.

  (a)   Complaints and actions involving discriminatory acts or practices prohibited under Article I of Chapter 27, as amended, for which hearings are provided or required by that chapter before the Montgomery County Commission on Human Relations or specified panels of said commission.

  (b)   Complaints and actions arising under Chapter 29, for which hearings are held by the Commission on Landlord-Tenant Affairs.

  (c)   Appeals, grievances and complaints filed pursuant to Chapter 33, as amended, for which hearings are provided or required by that Chapter before the Montgomery County Merit System Protection Board.

  (d)   Appeals and petitions charging error in the grant or denial of any permit or license or from any order of any department or agency of the County government exclusive of variances and special exceptions, appealable to the County Board of Appeals, as set forth in Section 2-112, Article V, Chapter 2, as amended, or the Montgomery County zoning ordinance or any other law, ordinance or regulation providing for an appeal to said board from an adverse governmental action.

  (e)   Complaints and actions filed with or by the Office of Consumer Protection under Section 11-4 when a hearing is required or provided before a cease and desist order is issued.

  (f)   Appeals and complaints filed under Chapter 5, when a hearing is required or allowed by that Chapter before the Animal Matters Hearing Board.

  (g)   Complaints and actions filed with or by the Office of Consumer Protection under Chapter 31C-9 when a hearing is required or provided.

  (h)   Such other hearings as hereinafter provided for by law or executive regulations which are specifically designated as being governed hereby. In this regard, the County Executive is hereby authorized to add or delete additional quasi-judicial authorities from time to time by executive regulation adopted under method (2) of section 2A-15 of this Code.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 2A-3. Conflicts of laws; interpretations.**

  (a)   Where any provision of this article conflicts with a substantive provision of an act pertaining to a particular agency, the latter shall prevail.

  (b)   The provisions of this article are not intended to confer different or additional powers or jurisdiction on hearing authorities governed hereby; in this regard, this article shall be construed to be procedural rather than substantive.

  (c)   The provisions set forth herein shall prevail over any agency rule of procedure and in the event of conflict, the latter shall be amended to conform with this article; provided, however, that nothing herein shall be construed to limit or restrict a hearing authority from adopting additional rules of procedure as will implement this article and the substantive provisions under which it operates so long as they are not in conflict with this article.

  (d)   No action taken hereunder shall be declared invalid on the basis of procedural irregularities absent a finding of a denial of substantive due process. Substantial compliance with this article shall be sufficient.

**Sec. 2A-4. Definitions.**

  The following words and phrases have the following meanings, except when otherwise indicated in this Article.

  Hearing authority: The Commission on Human Rights or a Commission case review board; the Merit System Protection Board; the County Board of Appeals; the Landlord-Tenant Commission; the Executive Director of the Office of Consumer Protection; the Director of the Department of Housing and Community Affairs; the Animal Matters Hearing Board; or a hearing examiner or officer designated or appointed to conduct those hearings listed in Section 2A-2.

  Charging party: Any person, business entity, organization or agency who properly files a charging document with a "hearing authority" seeking administrative relief.

  Charging document: Any petition, complaint, appeal or grievance.

  Responding party: Any person, business entity, organization or agency who is notified to defend or substantiate their actions or activities before a "hearing authority."

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 2A-5. Initiation of hearing process.**

  Any proceeding governed by this article as specified in section 2A-2 shall be initiated by filing a charging document in writing with the office of the hearing authority on forms provided therefor. Such forms shall include or be accompanied by a written statement which may include: A description of the nature and specifics of the allegation together with reference to sections of applicable laws, ordinances or regulations, if known, which are alleged to have been violated or relied upon. The statement shall contain the nature of the relief requested and if applicable the names and addresses of the person, persons, business entity or organization or agency alleged to have committed any violation or undertaken any action which is the subject of the proceedings governed by this article. The statement may be accompanied by supporting documentation.

**Sec. 2A-6. Notice of hearing.**

  In any administrative proceeding in which a hearing is to be held if ordered by a hearing authority, reasonable notice thereof shall be given to all parties not less than thirty (30) days before the hearing. The hearing authority shall give such notice to the charging and responding party in writing either by certified mail or by personal service at the addresses of parties as indicated in the charging document or as otherwise determined. In the event a party cannot be served after diligent and reasonable efforts have been made to locate the party, an affidavit of attempt to make service shall be filed in the record. The written notice shall contain the following information:

  (a)   A copy of the charging document.

  (b)   Time, place and date of hearing.

  (c)   That the parties may be represented by counsel or represent themselves.

  (d)   That the parties have the opportunity to present witnesses, cross-examine witnesses and present supporting documentation.

  (e)   That there are pre-hearing procedure requirements as set forth in section 2A-7 hereof.

  (f)   That the parties may request a continuance of the hearing by written request if made not less than five (5) days prior to the date of hearing.

  (g)   That a verbatim record and transcript of the hearing will be made where said record and transcript is required by law; or, in the alternative, that any party may request that such record of the transcription be made at his or her expense.

  (h)   That there is a right, subject to the provisions of the state public information law, to inspect and copy at the requesting party's own expense documents of any party, administrative authority or investigating governmental agency involved where such inspection is not otherwise prohibited by law.

**Sec. 2A-7. Pre-hearing procedures.**

  (a)   Submissions.

    (1)   In any case in which the Montgomery County government, or a department, office or agency thereof is a party, it shall submit to the hearing authority no later than twenty (20) days prior to the date set for the hearing the following information in regard to its case:

      A.   All supporting documents which are relied upon at the hearing, including investigative reports, or portions thereof. The hearing authority may in its discretion exclude from evidence any materials or documents not included in the pre-hearing submission.

      B.   List of names and addresses of all its prospective witnesses, together with summaries of their expected testimony.

      C.   List of names and addresses of any persons requested to be summoned by the hearing authority and any documents or records requested to be subpoenaed for the hearing.

      D.   Estimate of time to present case.

In addition, the hearing authority, in its discretion may require any party to submit no later than ten (10) days prior to the date set for hearing any part of or all of the information required by subsection (a)(1) above.

    (2)   The original of all pre-hearing submissions shall be filed with the hearing authority and a copy thereof served upon parties and/or counsel of record.

    (3)   The information submitted in compliance with this section shall be construed as an intent only to submit such information or witnesses and no party shall be bound to introduce the same at the hearings.

    (4)   Requests for permission at the time of the hearing or prior thereto to submit new witnesses or new or supplemental material, not contained in a pre-hearing statement and subsequent to the time limits herein specified, may be granted by the hearing authority only upon good cause shown, and may be cause for a postponement or continuance of the hearing or a decision to leave the record open for a specified time to receive rebuttal evidence. Nothing herein shall interfere with the right to offer rebuttal evidence.

  (b)   Discovery. Subject to the provisions of the state public information law:

    (1)   Any party shall have the right to review at reasonable hours and locations and to copy at its own expense documents, statements or other investigative reports or portions thereof pertaining to the charging document to the extent that they will be relied upon at the hearing or to question the charging party or agency personnel at reasonable times on matters relevant to the appeal, provided such discovery is not otherwise precluded by law.

    (2)   No investigative agency involved in the complaint or proceeding shall unreasonably refuse to any party to a hearing access to files and personnel connected with any matter relevant to the complaint.

    (3)   The provisions contained herein shall not infringe upon any attorney-client privilege and shall not include the work product of counsel to any party to the proceedings.

    (4)   Where it appears that a party possesses information or evidence necessary or helpful in developing a complete factual picture of a case, a hearing authority may order such party to answer interrogatories or submit itself or its witnesses to depositions upon its own motion or for good cause shown by any other party. Failure of a party to submit to ordered discovery may be cause for entry of a default judgment against the offending party or such other equitable sanction as the hearing authority may deem appropriate and just.

  (c)   Motions. Any motion seeking determination by the hearing authority of any preliminary matter including, but not limited to, motions for continuance, motions to amend a charging document or other submissions to the hearing authority, motions to compel discovery and motions to quash subpoenas shall be made promptly; however, nothing herein shall preclude the hearing authority, on its own motion, from reaching a determination on any preliminary matter as the interests of justice may require without a hearing.

  (d)   Summary Decision. Any party may file a motion for summary decision at least 30 days before the date of a hearing. The hearing authority may grant summary decision if the hearing authority finds that:

    (1)   there is no genuine issue of material fact to be decided at the hearing; and

    (2)   the moving party is entitled to prevail as a matter of law.

The hearing authority must give all other parties at least 10 days to respond to the motion for summary decision before deciding the motion. The hearing authority may permit oral argument on the motion.

  (e)   Restrictions on data. Unless a matter has been formally certified for hearing by the hearing authority, government documents or records shall not be subject to these provisions. In the event a matter is certified for hearing by the hearing authority, any documents or records not to be used at the hearing shall not be subject to the provisions of this chapter. Further, any matter or materials which are designated by law as confidential shall not be released without a waiver of the parties to the confidentiality.

**Sec. 2A-8. Hearings.**

  (a)   Time and place. The hearing for the purpose of the taking of evidence upon a contested matter shall be held at such time and place as designated in the notices therefor, except for continued hearings. All such hearings shall be public except where otherwise ordered by the hearing authority or provided by law.

  (b)    Official record.

    (1)   The hearing authority must prepare, maintain and supervise the custody of an official record in each case. The record must include testimony, exhibits and verbatim transcript, if any, submitted during the hearing and at other times the record is open to receive evidence. Documentary evidence may be received in the form of copies, excerpts, photographic reproductions or by incorporation by reference. The hearing authority must make the official record available for inspection to all affected persons before any hearing.

    (2)   Section 19A-15(b) applies to any ex parte or private communications received by a member of a hearing authority. The hearing authority must include the ex parte or private communication in the record and may:

      (i)   consider the communication as a basis for its decision after giving all parties an opportunity to respond to the communication; or

      (ii)   decide the matter if the hearing authority expressly finds that it has not considered the communication as a basis for its decision.

    The substance of an ex parte or private communication received after a final administrative decision and before appellate rights have been exhausted must be maintained in the case file and, in any remand, treated as required by this paragraph.

    (3)   The hearing authority may seek additional evidence if the evidence is included as part of the record and the parties are given due notice and opportunity to respond.

  (c)   Subpoena power. The hearing authority shall have the power to issue subpoenas enforceable by injunction by the party requesting same or by the County itself, in a court of competent jurisdiction, to compel the attendance of witnesses and require the production by them of books, papers, documents and other materials relevant to any case under consideration. Subpoenas may be served by certified mail, by private process server designated by the hearing authority or by anyone who could lawfully serve said subpoena in a judicial proceeding of a civil nature.

  (d)   Burden of going forward with the evidence. The charging party shall have the burden of going forward with the production of evidence at the hearing before the hearing authority; provided, however, where a governmental agency or an administrative authority is a party, such agency or administrative authority shall have the burden of going forward with the production of evidence at the hearing before the hearing authority. Such evidence shall be competent, material and relevant to all matters at issue and relief requested.

  (e)   Evidence. The hearing authority may admit and give appropriate weight to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs, including hearsay evidence which appears to be reliable in nature. It shall give effect to the rules of privilege recognized by law. It may exclude incompetent, unreliable, irrelevant or unduly repetitious evidence, or produce evidence at its own request.

The hearing authority may take official notice of commonly cognizable facts, facts within its particular realm of administrative expertise and documents or matters of public record. Parties shall be notified of matter and material so noticed while the record in the case is open and shall be afforded an opportunity to contest the facts so noticed.

  (f)   Cross-examination. Every party shall have the right of reasonable cross-examination of witnesses who testify, and shall have the right, upon request, to submit rebuttal evidence. Repetitious questions and examination on irrelevant matters shall not be permitted. Cross-examination shall be subject to reasonable regulation by the hearing authority who is authorized to require the designation of specific persons to conduct cross-examination on behalf of other individuals.

  (g)   Right to counsel. In any case governed by the procedures established in this chapter, the parties have the right to be represented by themselves or by legal counsel of their choice.

The appearance of counsel shall be entered and the hearing authority shall be notified in writing expeditiously following counsel's retention. All parties of record shall be notified simultaneously with the hearing authority.

  (h)   Powers of the hearing authority. In addition to any other power granted by this article, a hearing authority is empowered:

    (1)   To administer oaths and affirmations.

    (2)   To grant or deny requests for subpoenas or issue subpoenas on its own initiative and to call independent witnesses or seek additional evidence to be made part of the record as justice may require.

    (3)   To rule on petitions to quash subpoenas.

    (4)   To rule upon motions, offers of proof and receive relevant and probative evidence, to exclude incompetent, irrelevant, immaterial or unduly repetitious evidence and to give effect to the rules of privilege recognized by law.

    (5)   To regulate the course of the hearing and to allow the record in hearings to remain open.

    (6)   To hold conferences for simplification of the issues.

    (7)   To dispose of procedural requests or similar matters including motions for continuance, to amend a pre-hearing statement and to order hearings reopened, consolidated or grant rehearings.

    (8)   To call, examine and cross-examine witnesses and to obtain and introduce into the record documentary or other evidence.

    (9)   To request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support thereof.

    (10)   To take any other action authorized by this article or necessary to a fair disposition of the case.

    (11)   To accept evidence by stipulation of facts which may be introduced at any time.

    (12)   To schedule, suspend or continue hearings to a time and date certain with notification to all parties.

    (13)   Upon its own motion and at the request of an affected party to order that witnesses other than a party be excluded from the hearing room until called to testify.

    (14)   To order that statements of witnesses who are beyond the jurisdiction of the hearing authority or who for sufficient reason are unavailable to testify be taken by written interrogatories or deposition made under oath. The original of any interrogatories, answers thereto or depositions must be filed in the case file of the proceedings.

    (15)   To promulgate rules for witness reimbursement of expenses actually incurred by reason of such witness's required presence at a hearing or if such witness is a County employee promulgate rules for the extension of appropriate leave to said witnesses.

    (16)   To permit additional parties to participate in the proceedings as justice may require.

  (i)   Hearing conduct and procedure.

    (1)   Unless otherwise provided by law:

      a.   A quorum of the hearing authority must be present to conduct a hearing. A majority of the persons appointed to any hearing authority shall constitute a quorum. The quorum requirements shall not apply to hearings conducted by a hearing examiner or hearing officer. A ruling of the presiding officer shall stand unless overruled by a majority vote of the members of the hearing authority present and participating.

      b.   All hearings shall be de novo before the hearing authority.

      c.   The members of any hearing authority shall be subject to disqualification for conflict of interest, and suggestions for disqualification of any member may be made on petition of any party.

    (2)   The presiding officer of the hearing authority shall preside at hearings and have full authority at all times to maintain orderly procedure and restrict the hearing to relevant and material facts. A ruling of the presiding officer shall stand unless overruled by a majority vote of the members of the hearing authority, present and participating.

    (3)   All exhibits accepted shall be marked and held in the hearing file. Those exhibits whose admission is rejected shall either be returned to the offering party or retained in the file with appropriate notations reflecting that the material was rejected as an exhibit.

    (4)   Rulings on motions, petitions and objections made during the course of a hearing shall be ruled on as received or as soon thereafter as practicable.

    (5)   The ordinary, but not mandatory, order or procedure for the conduct of the hearing and the presentation of evidence is as follows, subject to subsection (d) of section 2A-6 or waiver or such reasonable changes as may be ordered by the hearing authority or by law:

      a.   Disposition of all outstanding preliminary motions and preliminary matters.

      b.   Opening statement of parties.

      c.   Presentation of factual case of appellant: cross-examination of all witnesses thereof.

      d.   Presentation of factual case of responding party: cross-examination of witnesses thereof.

      e.   Presentation of factual case of other interested persons: cross- examination of witnesses thereof.

      f.   Rebuttal evidence of appellant: cross-examination of witnesses thereof.

      g.   Surrebuttal evidence of responding party: cross-examination of witnesses thereof.

      h.   Closing arguments.

  (j)   Sanctions. The hearing authority may impose sanctions against parties and witnesses for failure to abide by the provisions of this article, or for unexcused delays or obstructions to the pre-hearing and hearing process. Such sanctions may include suspension or continuance of scheduled hearings, dismissals of actions, denial of admission of documents and exhibits and admission of matters as adverse to a defaulting party.

  In addition to any other sanction, the hearing authority is authorized to assess any offending party the full cost of verbatim recording and transcription of any hearing delayed or obstructed by such party; and further to assess such party the cost of re-advertisement, if such notification is either required by law or necessary in the discretion of the hearing authority, to give adequate notice to interested or affected parties.

**Sec. 2A-9. Emergency hearings.**

  Where the ordinary processing of any appeal may, due to time constraints, cause injury to any party, the hearing authority may for good cause grant an emergency hearing on its own motion or upon good cause shown by any party thereto. Where an emergency hearing is ordered by a hearing authority, it may suspend or alter any provisions of this article necessary to avert such undue injury; provided, however, that in such cases, the hearing authority shall notify all parties of the operation of this section, and make every reasonable effort to provide substantive due process of law to all parties. All hearings pursuant to section 2A-2(c) of this chapter involving the removal or suspension of a County merit system employee and all hearings pursuant to chapter 41A, rent supplement and assistance program, shall be governed by this section.

**Sec. 2A-10. Decisions.**

  (a)   Content. All recommendations and/or decisions of the hearing authority except rulings on preliminary matters or on motions or objections shall be in writing, based on evidence of record and shall contain findings of fact, conclusions of law and an appropriate decision and order; provided, however, any decision stipulated or consented to by the parties need only be reflected by an appropriate written order or consent decree.

  (b)   Evidence required. All recommendations and/or decisions of the hearing authority shall be based upon and supported by a preponderance of the evidence of record.

  (c)   Voting requirements. Any decision rendered in conformance with the provisions of this article must have the concurrence of a majority of the voting members of the decision-making authority unless a greater number of votes are required by law. Members of the hearing authority absent during a hearing may vote upon a matter upon written certification that they have read the transcripts and reviewed the evidence of record.

Failure to achieve the necessary affirmative votes shall act as a denial of the relief requested by the charging party by operation of law. No written opinion in this instance shall be required; provided, however, individual members of the hearing authority may file written reasons supporting their respective positions.

  (d)   Time requirements for decisions. All recommendations and/or decisions of the hearing authority shall be rendered within forty-five (45) days after the closing of the record in the case; provided, however, the hearing authority on its own motion may extend the time for recommendation and/or decision for an additional period upon written notification to all parties.

  (e)   Notification of recommendation and/or decision. All recommendations and/or decisions of the hearing authority shall be released and sent simultaneously to all parties of record and their counsel.

  (f)   Rehearing and reconsideration. Where otherwise permitted by law, any request for rehearing or reconsideration shall be filed within ten (10) days from a final decision. Thereafter a rehearing or reconsideration may be approved only in the case of fraud, mistake or irregularity. Any request for rehearing or reconsideration shall be in writing, containing supporting reasons therefor, with copies served on all parties of record. Any decision on a request for rehearing or reconsideration not granted within ten (10) days following receipt of the request therefor in accord with subsection (c) of this section shall be deemed denied. Any request for rehearing or reconsideration shall stay the time for any administrative appeal pursuant to judicial review until such time as the request is denied or in the event such request is granted such further time or a subsequent decision is rendered. A request for reconsideration or rehearing shall not stay the operation of any order unless the hearing authority so states.

  (g)   Informal disposition. Where appropriate to the nature of the proceedings and the governing laws, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default.

**Sec. 2A-11. Judicial review.**

  (a)   A party aggrieved by a final decision in a case governed by this Article may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions.  A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

  (b)   Unless the court reviewing the decision of the hearing authority orders a stay, the hearing authority’s decision remains in effect pending a final decision of the court.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

### Article II. Regulations.

**Sec. 2A-12. Policy and scope of Article.**

  (a)   Purpose. It is the purpose of this article to prescribe a single and consistent procedure for the adoption, review and repeal of regulations, and to provide a uniform procedure for their public notification and compilation.

  (b)    Scope. Unless otherwise provided, this article applies to all regulations. However, this Article does not apply to the County Council, meeting as the Board of Health, when it adopts a regulation.

**Sec. 2A-13. Definitions.**

  (a)   In general. Unless otherwise clearly indicated by the context, in this article the following words have the meanings indicated.

  (b)   Administrative procedure means a written directive concerning the internal management of one or more than one County agency or department.

  (c)   CAO means the chief administrative officer of the County.

  (d)   COMCOR means the Code of Montgomery County Regulations established under this article.

  (e)   Executive order means an order issued by the County Executive that directs a specific action.

  (f)   Issuer means:

    (1)   The County Executive; or

    (2)   A person or agency authorized by law to issue regulations.

  (g)   Register means the Montgomery County Register established under this article.

  (h)   Regulation means any rule or standard that an issuer by law is authorized to issue. Regulation includes any amendment to an existing regulation.

**Sec. 2A-14. Authority to adopt regulations.**

  If a law authorizes a person or agency to implement or enforce that law, the person or agency may adopt a regulation to implement or enforce that law even if the authority to adopt the regulation is not expressly stated in that law.

**Sec. 2A-15. Procedure for adoption of regulations.**

  (a)   Requirement. Before a regulation takes effect, the regulation must meet:

    (1)   The requirements of this Article; and

    (2)   Any other requirement imposed by law.

  (b)   Single subject requirement. A proposed regulation must not contain more than one subject matter.

  (c)   Publication. An issuer must publish in the Register:

    (1)   A summary of the proposed regulation;

    (2)   The place where a copy of the proposed regulation may be obtained;

    (3)   The date, time, and place of any public hearing;

    (4)   The name and address of a person to whom comments may be directed;

    (5)   The deadline for submitting comments;

    (6)   A citation of the Section of the County Code that authorizes the adoption of the regulation; and

    (7)   A reference to the procedural method used to adopt the regulation.

  (d)   Disclosure of amendments. The text of any proposed or adopted regulation sent to the County Council must show by brackets and underlines (or any other notation system approved by the Council) all amendments to any existing regulation.

  (e)   Hearing record and comments. The issuer must attach to any proposed or adopted regulation sent to the County Council a copy of each written comment received after publication in the Register and a transcript or detailed summary of any public hearing.

  (f)   Procedures for approval.

    (1)   Each regulation must be adopted under one of the 3 methods in this subsection. To amend or repeal an adopted regulation, an issuer must use the procedure under which the regulation was adopted.

    (2)   A law authorizing a regulation may specify that one of the 3 methods must be used.

    (3)   If the law does not specify that one of the 3 methods must be used, method (2) must be used.

Method (1)

  (A)   A regulation proposed under this method is not adopted until the County Council approves it.

  (B)   The issuer must send a copy of the proposed regulation to the Council after the deadline for comments published in the Register.

  (C)   The Council by resolution may approve or disapprove the proposed regulation.

  (D)   If the Council approves the regulation, the regulation takes effect upon adoption of the resolution approving it or on a later date specified in the regulation.

Method (2)

  (A)   The issuer must send a copy of the proposed regulation to the County Council after the deadline for comments published in the Register.

  (B)   The Council by resolution may approve or disapprove the proposed regulation within 60 days after receiving it.

  (C)   If necessary to assure complete review, the Council by resolution may extend the deadline set under subparagraph (B).

  (D)   If the Council approves the regulation, the regulation takes effect upon adoption of the resolution approving it or on a later date specified in the regulation.

  (E)   If the Council does not approve or disapprove the proposed regulation within 60 days after receiving it, or by any later deadline set by resolution, the regulation is automatically approved.

  (F)   If a regulation is automatically approved under this method, the regulation takes effect the day after the deadline for approval or on a later date specified in the regulation.

Method (3)

  (A)   A regulation adopted under this method is not subject to County Council approval or disapproval.

  (B)   The issuer must send a copy of the adopted regulation to the Council after the deadline for comments published in the Register.

  (C)   The regulation takes effect when the Council receives it or on a later date specified in the regulation.

  (g)   Amendment of proposed regulation. The issuer may amend a proposed regulation after sending it to the County Council if:

    (1)   The Council has not taken final action on the proposed regulation; and

    (2)   The amendment is within the advertised scope of the proposed regulation.

  (h)   Withdrawal of proposed regulation. At any time before the County Council takes final action on a proposed regulation, the issuer may withdraw it.

  (i)   Publication of final action. Within 45 days after final action is taken on a regulation, the issuer must:

    (1)   Publish the final action taken on the regulation; and

    (2)   Summarize any substantive changes made since the regulation was first published.

  (j)   Temporary regulations.

    (1)   An issuer may adopt a temporary regulation under this subsection if:

      (A)   A public or fiscal emergency requires its adoption; or

      (B)   The public interest will be materially harmed if the regulation does not take effect immediately.

    (2)   A temporary regulation does not have to meet the publication and approval requirements of subsections (c) and (f), but the issuer must publish notice of the regulation's adoption in the next available issue of the Register.

    (3)   A temporary regulation is effective:

      (A)

        (i)   When the County Council receives from the issuer a copy of the temporary regulation and an explanation why its immediate adoption without public comment or Council review is necessary; or

        (ii)   On a later date specified in the regulation and justified in the explanation; and

      (B)   For not more than 90 days, as specified in the regulation. During this time, an adopted permanent regulation may immediately supersede a temporary regulation.

    (4)

      (A)   The issuer may ask the Council once to extend the effective period of a temporary regulation for up to 90 more days.

      (B)   The issuer must provide a compelling reason for an extension.

      (C)   The Council must not extend a temporary regulation more than once.

    (5)

      (A)   The Council by resolution may revoke a temporary regulation, effective when the resolution is adopted.

      (B)   If the Council revokes a temporary regulation, the resolution must explain the reason.

    (6)   If the Council revokes or does not extend a temporary regulation, the issuer or any other person authorized to issue regulations must not adopt a substantially similar temporary regulation within one year after the Council's action.  However, within that year an issuer may propose a substantially similar temporary regulation to the Council, and the regulation will take effect only if the Council approves it by resolution.

**Sec. 2A-16. Administrative procedures.**

  (a)   Collection. The CAO must develop a comprehensive collection of administrative procedures.

  (b)   Copy to the County Council.  The CAO must promptly send the Clerk of the County Council a copy of the administrative procedures.

  (c)   Availability. A copy of each administrative procedure must be available to any County employee.

  (d)   Prohibition. If a law expressly delegates the authority to adopt a regulation, an issuer must not adopt an administrative procedure instead of a regulation if the subject affects or requires action by:

    (1)   any private individual or business; or

    (2)   any unit of government not under the issuer's control. An administrative procedure must not be adopted to implement Chapter 19A or Chapter 33.

**Sec. 2A-17. Executive orders.**

  (a)   Procedure for adoption. The County Executive must develop an administrative procedure for the adoption of executive orders.

  (b)   Content of procedure. The administrative procedure must provide for:

    (1)   Adoption.

    (2)   Notice.

    (3)   Compilation.

    (4)   Amendment.

    (5)   Repeal.

  (c)   Copy to County Council. The County Executive must promptly send the Clerk of the County Council a copy of each executive order adopted.

**Sec. 2A-18. Compilation of regulations.**

  (a)   COMCOR established. The CAO must publish Code of Montgomery County Regulations that includes:

    (1)   Each regulation issued by the Executive or any person or agency that issues regulations under this Article;

    (2)   Any other document that the CAO determines should be included;

    (3)   Annotation of any judicial decision that cites a regulation or document contained in COMCOR;

    (4)   Any explanatory annotation; and

    (5)   An index by agency and subject matter.

  (b)   Plain language standards and codification systems.

    (1)   Every regulation adopted under this article must conform to plain language drafting standards approved by the County Council.

    (2)   The CAO must establish a codification system for County regulations.

    (3)   Any regulation or document published in COMCOR must conform to the plain language drafting standards and codification system of this subsection.

  (c)   Supplement to COMCOR.

    (1)   At least once a year, the CAO must publish each regulation adopted during the year and any document that the CAO determines should be included in a supplement to COMCOR.

    (2)   The index to COMCOR must be revised and included in the supplement.

**Sec. 2A-19. Montgomery County Register.**

  The CAO must publish at least every 3 months a Montgomery County Register that:

  (a)   Is a temporary supplement to COMCOR;

  (b)   Publishes any regulation adopted between issues of the Register; and

  (c)   Includes:

    (1)   The information required under section 2A-15 for each regulation;

    (2)   Any document that the CAO determines should be included;

    (3)   A table of contents; and

    (4)   An index of the COMCOR sections affected.

**Sec. 2A-20. Pricing and availability of COMCOR and the Register.**

  (a)    Pricing. The CAO must set a reasonable price for each copy or each subscription of:

    (1)   COMCOR;

    (2)   The Register; or

    (3)   The supplements to COMCOR.

  (b)   Availability. Anyone may buy a copy of:

    (1)   COMCOR;

    (2)   The Register; and

    (3)   The supplements to COMCOR.

  (c)   Free distribution. The CAO must send a copy of COMCOR, the Register, and the supplements to COMCOR to:

    (1)   The Clerk of the County Council;

    (2)   The County Attorney;

    (3)   The County Executive;

    (4)   The State Hall of Records Commission;

    (5)   The state law library;

    (6)   The State Department of Legislative Reference;

    (7)   The County Department of public libraries;

    (8)   The office of legislative oversight;

    (9)   Any person who the County Council by resolution designates; and

    (10)   Any person who the County Executive by executive order designates.

**Sec. 2A-21. Reserved.**

### Article III. Administrative Forms.

**Sec. 2A-22. Use of approved administrative forms required.**

  (a)   All executive departments and offices must use or distribute to the public only administrative forms that are approved under this article and are listed on a register of approved forms.

  (b)   However, until January 1, 1988, departments and offices may continue to use and distribute administrative forms that have not been approved under this article, if the forms were in use before January 1, 1987.

  (c)   In this article, "administrative form" or "form" means a standardized document created by the County government for systematically and repetitively collecting, maintaining or transmitting information.

**Sec. 2A-23. Central forms authority.**

  (a)   The County Executive must designate a central forms authority to oversee a comprehensive forms control program for County government.

  (b)   The central forms authority must:

    (1)   Develop a standard system for identifying forms;

    (2)   Help each department or office to develop a proposed forms control plan and to coordinate the proposed plan with other plans;

    (3)   Review each proposed plan;

    (4)   Approve each proposed plan that meets the requirements of section 2A-25; and

    (5)   Monitor and help administer each forms control plan to ensure compliance.

**Sec. 2A-24. Forms control officers.**

  (a)   The head of each executive department or office must appoint, from among existing staff, a forms control officer for the department or office.

  (b)   Each forms control officer must:

    (1)   Maintain and administer a current plan for managing forms used by the department or office; and

    (2)   Submit this forms control plan, including each revision, for approval by the central forms authority.

**Sec. 2A-25. Forms control plans.**

  (a)   Each forms control officer will approve a form for use by the department or office only if that form:

    (1)   Requests information that is necessary or relevant for effective, efficient and lawful operations;

    (2)   Is clearly and plainly written in language consistent with guidelines of the plain language drafting manual approved by the County Council;

    (3)   Arranges questions in a logical order, provides adequate space for typical answers, and is as brief as possible;

    (4)   Does not duplicate unnecessarily another form used by the department or other agency of County government;

    (5)   Does not ask unnecessarily for information already known by the County government; and

    (6)   Can be retrieved from or transferred to an electronic storage medium, unless the central forms authority has waived this requirement for that form.

  (b)   Each forms control plan must:

    (1)   Require a register of forms approved by the forms control officer;

    (2)   Require identification of each form under a standard identification system administered by the central forms authority;

    (3)   Provide for preparing, reproducing, and using forms in the most economical way possible;

    (4)   Require the forms control officer to review each form within three (3) years after its initial approval and reapprove the form or remove it from the register.

**Sec. 2A-26. Annual reports required.**

  (a)   Each forms control officer must submit to the central forms authority an annual report on forms control activities during the previous fiscal year.

  (b)   By September 1 of each year, the central forms authority must submit to the chief administrative officer an annual report that consolidates and analyzes the reports of the forms control officers. That report must list:

    (1)   Each form extended under section 2A-26(c)(3);

    (2)   Each waiver granted under section 2A-25(a)(6);

    (3)   Each exemption granted under section 2A-26(c)(4); and the reason for each extension, waiver or exemption.

  (c)   If necessary to ensure timely compliance with this article, the central forms authority may:

    (1)   Identify forms that are used or distributed in high volumes;

    (2)   Assign priority to evaluating and rewriting those forms to meet these requirements;

    (3)   Extend the period in which other specified forms must comply with this article; and

    (4)   Exempt a form from the requirements of this article if that form is used or distributed in low volumes.

**Sec. 2A-27. Forms for other agencies.**

  The County Executive should assist other public agencies under the budgetary authority of the County to develop similar systems of forms control in order to:

    (1)   Maximize use of identification information;

    (2)   Minimize duplication of other required information; and

    (3)   Ensure compatibility of electronic functions and equipment.

**Sec. 2A-28. Administrative procedures.**

  The County Executive should adopt administrative procedures to implement this article.

**Sec. 2A-29. Legal effect.**

  The use of a form that does not conform to this article or that has not been approved under this article does not invalidate any action to enforce any law when that action involves information on such a form.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 2B. AGRICULTURAL LAND PRESERVATION.

### Article 1. General Provisions.

**Sec. 2B-1. Definitions.**

  In this Chapter, the following words and phrases have the meanings indicated:

  Agricultural Board or APAB means the County Agricultural Preservation Advisory Board.

  Agricultural Easement means a covenant running with the land that restricts the uses permitted on the property to other uses as specified in this Chapter.

  Agriculture means:

    (1)   the business, science, and art of cultivating and managing the soil;

    (2)   composting, growing, harvesting, and selling crops and livestock, and the products of forestry, horticulture, and hydroponics;

    (3)   breeding, raising, or managing livestock, including horses, poultry, fish, game, and fur- bearing animals, dairying, beekeeping and similar activities; and

    (4)   equestrian events and activities.

  Agriculture includes processing an agricultural product on the farm in the course of preparing the product for market, which may or may not cause a change in the natural form or state of the product.

  Agriculture Article means the Agriculture Article of the Maryland Code.

  Buildable Lot means a parcel of land on which the owner has retained the right to build a principal dwelling.

  Farm Market means a Farm Market, On-site as defined in Chapter 59.

  Foundation means the Maryland Agricultural Land Preservation Foundation.

  Fund means the County’s Agricultural Land Preservation Fund.

  Landowner means a fee simple owner of land located in the County on which a landowner proposes to sell or has sold an agricultural easement to the State or the County.

  Office means the Office of Agriculture.

  Planning Board means the Montgomery County Planning Board.

  Principal Dwelling means a residential structure on farm property which serves as the property’s primary residence.

  Productive Agricultural Land means land eligible to be included in an agricultural easement under County or Foundation regulations.

  Significant Agricultural Resource or Significant Agricultural Capability means land which, if properly agronomically managed and under normal growing conditions, the Office, after consulting local agricultural support agencies, finds can sustain a profitable farm enterprise.

  Solar Collection System means an arrangement of panels or other solar energy devices that provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating. A Solar Collection System includes freestanding or mounted devices.

  State Agricultural Easement means an easement established under Subtitle 5 of Title 2 of the Agriculture Article.

  Tenant House means a residential structure on land under an agricultural easement that serves as an accessory use to the principal dwelling.

**Sec. 2B-1A. Office of Agriculture.**

  The Office must:

  (a)   administer this Chapter and the regulations issued under it;

  (b)   foster agricultural preservation;

  (c)   administer programs associated with the Soil Conservation District and the Cooperative Extension Service;

  (d)   develop the agricultural economy; and

  (e)   perform other duties as assigned by the County Executive.

**Sec. 2B-2. Agricultural Preservation Advisory Board.**

  (a)    Generally. The Agricultural Preservation Advisory Board is established under Subtitle 5 of Title 2 of the Agriculture Article.

  (b)    Composition.

    (1)   The County Executive must appoint, subject to confirmation by the County Council, 5 members to the APAB.

    (2)   3 members must be owner-operators of commercial farm land and earn at least 50% of their income from farming.

    (3)   Each member must be a resident of the County.

  (c)    Terms of office.

    (1)   The term of each member is 5 years.

    (2)   A member must not serve more than 2 consecutive full terms.  An appointee to fill a vacancy before a term expires serves the rest of the unexpired term.

    (3)   A member serves without compensation.  However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (d)    Duties and responsibilities.

    (1)   As required by Subtitle 5 of Title 2 of the Agriculture Article, the APAB must:

      (A)   advise the County on the purchase of State and County agricultural easements;

      (B)   assist the County in reviewing the status of agricultural land, including farming productivity under State and County agricultural easements;

      (C)   advise the Foundation concerning County priorities for agricultural preservation; and

      (D)   promote preservation of agriculture in the County by offering information and assistance to landowners on the purchase of State and County agricultural easements.

    (2)   The APAB may:

      (A)   delineate areas of productive agricultural land in the County;

      (B)   recommend to the Executive procedures to mediate or arbitrate disputes on the value of agricultural easements which the County may buy;

      (C)   review and make recommendations on regulations regarding State and County agricultural easements;

      (D)   recommend County policies and programs to preserve agriculture;

      (E)   cooperate with the Planning Board, the Cooperative Extension Office, and the Soil Conservation District in carrying out its responsibilities; and

      (F)   perform other duties the County Executive assigns.

  (e)   Advocacy. The Board must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

### Article 2. State Easements.

**Sec. 2B-3. State Easement Application and Purchase.**

  (a)   A landowner seeking to place land under an agricultural easement must file a petition with the APAB requesting an application for the purchase of an easement by the Foundation.

  (b)   The APAB must advise the County Council whether the applicant’s land meets the qualifications established by the Foundation and recommend whether the Foundation should buy an agricultural easement.

  (c)   The APAB must refer the application to the Planning Board.  The Planning Board must advise the Council if:

    (1)   the proposed agricultural easement is compatible with existing and approved County plans and overall policy; and

    (2)   the Planning Board recommends buying an agricultural easement on the applicant’s land.

  (d)   If either the APAB or the Planning Board recommends approval, the County Council must hold a public hearing on the proposed easement.  The Office must give adequate notice of the hearing to the owner of any land adjacent to the proposed agricultural easement.

  (e)   The Council must decide if the application for the proposed agricultural easement should be recommended to the Foundation for approval.

    (1)   If the Council recommends approval of the application, the Council must notify and forward to the Foundation its recommendation and relevant information about the proposed easement, including the recommendations of the APAB and the Planning Board.

    (2)   If the Council recommends denial of the application, the Council must notify the Foundation and the landowner of its decision.

  (f)   The Foundation may approve an application for a proposed agricultural easement only if:

    (1)   the land in the proposed agricultural easement meets the following qualifications established by the Foundation:

      (A)   any productivity, acreage, and locational criteria necessary to continue farming;

      (B)   the land must be at least 50 acres; and

      (C)   any other eligibility requirement in Subtitle 5 of Title 2 of the Agriculture Article;

    (2)   the Council recommended approval of the proposed easement; and

    (3)   a majority of the Foundation’s Board of Trustees approves buying the proposed easement.

  (g)   If the Foundation buys an agricultural easement, the County may make an additional payment to the landowner of up to 15% of the State’s purchase price of the easement under regulations issued under this Chapter.  The Executive must specify the percentage used to determine the payment each year and publish that number in the County Register.

  (h)

    (1)   The procedures governing State agricultural easements, including the application process, the maximum value of any easement bought, the source of funds to buy an easement, and the restrictions required in easements, are contained in Subtitle 5 of Title 2 of the Agriculture Article and the regulations issued under Subtitle 5 of Title 2.

    (2)   If any conflict arises between this Chapter and its regulations and Subtitle 5 of Title 2 and its regulations, the State law and State regulations govern.

  (i)   The Office must work with the State to record each State agricultural easement in the County land records.  The recordation of a State agricultural easement is not subject to any County recordation or transfer tax.

**Sec. 2B-4. Activities and uses permitted on land under a State easement.**

  (a)    Permitted uses. The following activities are permitted on land under a State agricultural easement:

    (1)   any agricultural use of land;

    (2)   operation at any time of any machinery used in farm production or the primary processing of agricultural products;

    (3)   any normal agricultural operations performed in accordance with good husbandry practices which does not cause bodily injury or directly endanger human health; and

    (4)   sale of farm products at a farm market.

  (b)    Uses not permitted; release.

    (1)   Land under a State agricultural easement must not be subdivided or used for residential, commercial, or industrial purposes.  However, the Foundation may approve, after receiving a written application, the release of any easement restriction for:

      (A)   the landowner who originally sold the easement, to use 1 acre or less to build one or more dwelling houses for the use only of that landowner or a child of the landowner, up to a maximum of 3 lots, subject to the requirements in Subtitle 5 of Title 2 of the Agriculture Article; and

      (B)   a landowner to build housing for one or more tenants who are fully engaged in operating the farm if the landowner meets the following requirements:

        (i)   the use must not exceed 1 tenant house for each 100 acres, unless the Foundation allows an exception in a case of compelling need;

        (ii)   the land where a tenant house is located must not be subdivided or conveyed to any person;

        (iii)   the tenant house must not be conveyed separately from the original parcel; and

        (iv)   any other requirement in Subtitle 5 of Title 2 of the Agriculture Article.

    (2)   Purchase of an agricultural easement by the Foundation does not grant the public any right of access or right to use the land included under the easement.

    (3)   Any land under a State agricultural easement must not be condemned for public use unless no other reasonable alternative is available.

**Sec. 2B-5. Landowner rejection of offer to purchase easement.**

  A landowner who rejects an offer by the Foundation to buy a State agricultural easement on the same land for 2 consecutive years, for a reason other than that sufficient State or County funds are not available to buy the easement, must not reapply to sell an agricultural easement on the same land for the next 2 consecutive years.

**Sec. 2B-6. Termination of State easements.**

  (a)   The Foundation and the County must approve the termination of any agricultural easement bought in full or in part with State funds.  Any termination must comply with Subtitle 5 of Title 2 of the Agriculture Article.

  (b)   The Foundation must hold a State agricultural easement in perpetuity if the State Board of Public Works approved the purchase of the easement on or after October 1, 2004.

### Article 3. County Easements.

**Sec. 2B-7. County Easement Application and Purchase.**

  (a)   A landowner seeking to place land under an agricultural easement must submit an easement sales application to the Office.  The application must include a completed property description and specify the landowner’s asking price.

  (b)   The County may buy an agricultural easement under this Article:

    (1)   on land located in the Rural, Rural Density Transfer, or Rural Cluster zones; or

    (2)   on land located in another zone if the land meets all requirements of subsection (e).

  (c)   The County must not buy an easement under this Article if further development is already precluded on that land.

  (d)   The County may buy an agricultural easement under this Article if the land:

    (1)   is the least 50 contiguous acres;

    (2)   meets United States Department of Agriculture’s soil classification standards I, II, or III, or woodland classifications 1 and 2 on at least 50% of the acreage, as outlined in the Soil Survey for Montgomery County; and

    (3)   is located outside water and sewer categories 1, 2, and 3, as defined in the County Ten-Year Comprehensive Water Supply and Sewerage Systems Plan.

  (e)   If any land does not meet all requirements of subsection (d), the County must not buy a County agricultural easement on that land unless:

      (A)   the Office finds that placing an agricultural easement on that land is in the public interest; and

      (B)   the Office concludes, after consulting local agricultural support agencies, that the land has significant agricultural resources.

**Sec. 2B-8. Activities and uses permitted on land under a County agricultural easement.**

  (a)    Permitted Uses.  Except as prohibited by Chapter 59 or the terms of an agricultural easement, the following activities are permitted on land under a County agricultural easement:

    (1)   any agricultural use of land;

    (2)   operation of any machinery used in farm production or the primary processing of agricultural products, regardless of the time of operation;

    (3)   any normal agricultural operation, performed in accordance with good husbandry practices, that does not cause bodily injury or directly endanger human health; and

    (4)   operation of a farm market.

  (b)   Relation to special exceptions and conditional  uses.  Subsection (a) does not alter either the requirements in Chapter 59 for a special exception or conditional use applicable to the zone where a County easement is located or the process to obtain a special exception or conditional use.  However, an agricultural easement may expressly limit the right of the landowner or any successor in interest to apply for a special exception or conditional use that is inconsistent with the purposes of this Article.

  (c)   Uses not permitted; release.

    (1)   Land under a County agricultural easement must not be subdivided or used for any residential, commercial, or industrial purpose.  However, the landowner may obtain a release from an agricultural easement for:

      (A)   1 acre, or the minimum lot size required by Chapter 59 or applicable well and septic regulations, whichever is greater, to build a house for use by the landowner; and

      (B)   up to 3 1-acre lots, or the minimum lot size required by Chapter 59 or applicable well and septic regulations, whichever is greater, to build houses to be occupied by adult children of the landowner at a maximum density determined by the size of the land under easement and the following calculations;

        (i)   1 lot for the first 25 acres;

        (ii)   2 lots for land under easement greater than 50 acres bu tless than 120 acres; and

        (iii)   3 lots for land under easement that is greater than 120 acres.

    (2)

      (A)   Any release issued under this Section must include a requirement that the landowner or the child, whichever is appropriate, must not transfer the lot released from an agricultural easement for 5 years after the release is recorded in the County land records unless:

        (i)   The APAB approves the transfer; or

        (ii)   the lot is subject to a bona fide foreclosure of a mortgage or deed of trust or to a deed in lieu of foreclosure.

      (B)   Noncompliance with subparagraph 2(A) is a violation of this Chapter and the agricultural easement, and may result in legal action to prevent the transfer or to obtain the proceeds of any sale collected by the landowner or the child if a unapproved transfer occurs.

    (3)   If land proposed for an agricultural easement does not contain a habitable dwelling house, the landowner may, as part of the application, request the right, which would run with the land, to build one single family dwelling house if:

      (A)   no viable residential structure exists on the land when the easement is bought;

      (B)   the easement requires that the residential structure must never be subdivided from the easement property; and

      (C)   the easement requires that the right to build a single family dwelling precludes the release of any lot from the easement for the landowner’s children.

    (4)   A landowner may build housing for one or more tenants fully engaged in operating the farm.  However:

      (A)   not more than one tenant house may be built for each 100 acres of land under easement;

      (B)   the land on which a tenant house is located must not be subdivided or conveyed to any third party;

      (C)   the tenant house must not be conveyed separately from the original parcel of land under the easement; and

      (D)   the square footage of the tenant house must not exceed the square footage of the principal dwelling on the land under the easement.

  (d)   Reimbursement.  A landowner who obtains a release of a lot from an agricultural easement must first reimburse the Fund by an amount equal to the pro-rata purchase price the County paid for the easement.  The County Attorney must, after the Fund is reimbursed, execute and record a partial release in the County land records.

**Sec. 2B-9. Purchase and value of agricultural easements.**

  (a)    The Fund is a special, non-lapsing revolving fund for agricultural land preservation purposes. It consists of:

    (1)   the County’s share of the State agricultural transfer tax;

    (2)   payments received by the County for the repurchase, release, reimbursement, and termination of an agricultural easement;

    (3)   the County’s share of the business personal property tax collected for a solar collection system located in the Agricultural Reserve Zone; and

    (4)   any other funds available to buy agricultural easements under this Article.

  (b)   The County must use funds from the County’s share of the State agricultural transfer tax, business personal property tax collected for a solar collection system located in the Agricultural Reserve Zone, and any other revolving funds for the purposes of this Article before using any other County funds for these purposes.

  (c)    The County may buy an agricultural easement to preserve agricultural land in the County.  To buy an easement, the County may use:

    (1)   negotiations;

    (2)   competitive bidding; or

    (3)   any other method that is fair and equitable to the landowner and the County.

  (d)    The purchase price may be based on an appraisal or any other evidence of value under criteria in applicable regulations.

  (e)    Priority for buying easements must be given to any applicant who meets all the following criteria:

    (1)   the proposed purchase price for the agricultural easement does not exceed either the appraised fair market value of the easement or a commercially reasonable value for the easement;

    (2)   the land is designated in the applicable master plan as agricultural;

    (3)   the land borders a municipality or other developing area and is likely to be developed in the foreseeable future; and

    (4)   any other factor the Executive finds necessary to preserve agricultural land.

  (f)    The County Executive or the Executive’s designee may agree in writing to buy an agricultural easement if the landowner:

    (1)   files a good-faith application to the Foundation for the purchase of an agricultural easement by the State; and

    (2)   accepts a Foundation offer if the price offered by the Foundation is equal to or higher than the price the County offered.  If the Foundation does not agree to buy an easement subject to a conditional agreement under this subsection, the County must buy the easement at the price the County offered under the conditional agreement.

  (g)   In addition to its authority to buy agricultural easements under this Article, the County may accept the donation of an agricultural easement or another interest in property for agricultural land preservation purposes.

**Sec. 2B-10. Termination and repurchase of agricultural easements.**

  (a)   Process to Terminate and Repurchase an Easement.

    (1)   Except as provided in subsection (c), a landowner may, in writing, at least 25 years after an agricultural easement bought by the County has been recorded in the County land records, request the County Council to terminate the agricultural easement.  However, a landowner may request termination earlier if the land under easement is later zoned in a manner that precludes agricultural use as a matter of right.

    (2)   In approving a termination request, the County Council must find that the land is no longer suitable for agriculture and the public interest would be best served by terminating the easement.

    (3)   The landowner must submit an explanation, in a form acceptable to the APAB, why profitable farming is no longer feasible on the land under easement.

    (4)   The APAB must determine if profitable farming is feasible on the land and issue a written recommendation to the Office.  In determining whether farming is profitable, the APAB must consider:

      (A)   if the landowner has implemented a Soil Conservation and Water Quality Plan;

      (B)   the location of the farm with respect to development; and

      (C)   any other non-agricultural use that would otherwise impact profitability of the farm.

    (5)   After the APAB issues its recommendation, the Office must advise the landowner that the Office must order an appraisal of the land at the landowner’s expense.  The appraisal must consider the current fair market value of land and the current fair market value of the land encumbered by an agricultural easement.  The difference between these values must represent the present value of the agricultural easement.

    (6)   The landowner must pay the Office for the cost of an appraisal.  The Office must order the appraisal after receiving the funds from the landowner.

    (7)   After receiving the completed appraisal and APAB’s recommendation, the County Council must hold a public hearing on the request to terminate the agricultural easement.  The Office must notify each owner of land adjacent to the land where the easement is located of the public hearing.

    (8)   After the public hearing, the Council, by majority vote, must recommend to the Executive whether the Executive should agree to terminate the easement.

    (9)   If the Executive agrees to terminate the easement, the landowner must repurchase the easement by paying the present value of the easement as defined in this Section.

    (10)   The landowner must pay the required payment to the County within 180 days after the Executive agrees to terminate the easement.  After receiving the required payment, the Office must prepare, execute, and deliver to the landowner for recording, a Deed of Termination and Release from Easement.

    (11)   If a request for termination is denied, or if the landowner does not repurchase the easement within 180 days after the Executive agrees to terminate the easement, the landowner must not request termination of the easement for 5 years after the Executive agreed or disagreed to the landowner’s last request for termination.

  (b)   Easement Properties Purchased or Condemned by Government.  If the federal government or the State or County buys or condemns land under an agricultural easement for park or any other nonagricultural use, the condemning authority must pay the present value of the easement to the Fund.  After the Fund has received all payments due, the County Attorney must prepare, execute, and deliver to the condemning authority for recording, a Deed of Termination and Release from Easement.

  (c)   No termination.  The County must not terminate and repurchase any agricultural easement which the County bought after December 31, 2008.

**Sec. 2B-11. Right to sell.**

  This Article does not restrict the right of a landowner to sell land under a County agricultural easement.

**Sec. 2B-12. Public access.**

  The purchase of an agricultural easement by the County does not grant the public any right of access or right to use the land unless the easement expressly allows public access.

**Sec. 2B-13. Easements on County-owned farmland.**

  The County must not sell any productive agricultural land that the County owns until an agricultural easement is recorded to preserve the land for agricultural use.

**Sec. 2B-14. Recordation.**

  (a)   The County Attorney must record each agricultural easement in the County land records.  The recordation of an agricultural easement is not subject to any County transfer or recordation tax.

  (b)   Each agricultural easement must:

    (1)   be recorded in the form required by the Office;

    (2)   run with the land and bind the landowner and each assignee, transferee, mortgagee, and any other party who obtains title to the property; and

    (3)   be recorded so that the easement is senior in priority to all liens, including any instrument securing permanent financing.

  (c)   Each deed that transfers title to land on which an agricultural easement is recorded must:

    (1)   be a two-party deed; and

    (2)   expressly state that the property is subject to an agricultural easement and cite the recorded easement.

### Article 4. Building Lot Termination Easements.

**Sec. 2B-15. Authority and Purpose.**

  (a)   A building lot termination (BLT) easement is a form of agricultural easement that generally terminates remaining development rights by extinguishing the right to build a dwelling unit on an eligible buildable lot.

  (b)   The County Executive or a designee may create and buy building lot termination easements to achieve the goals of the County Preservation of Agriculture and Rural Open Space Functional Master Plan to preserve remaining farmland in, prevent the further fragmentation of, and minimize residential use of the Agricultural Reserve.

**Sec. 2B-16. Requirements for BLT easement.**

  (a)   Except as expressly provided in this Article, Article 3 applies to any BLT easement.

  (b)   A BLT easement may only be created on a buildable lot which is:

    (1)   located in the Rural Density Transfer (RDT) zone;

    (2)   zoned for residential density no higher than one dwelling unit per 25 acres; and

    (3)   capable of being served by an individual sewage treatment unit which meets the requirements of Chapter 27A and applicable regulations issued under that Chapter.

  (c)   Notwithstanding Section 2B-7(d)(1), a BLT easement may be created on a buildable lot smaller than 50 contiguous acres.

  (d)   In addition to the application process in Section 2B-7, the County may accept a gift of a BLT easement.

  (e)   The County must be the grantee of each BLT easement.

  (f)   Notwithstanding any other provision in this Chapter:

    (1)   each BLT easement, once created, must not expire or be terminated;

    (2)   land under a BLT easement must not be subdivided or used for any residential, commercial, or industrial purpose unless the BLT easement expressly allows that subdivision or use; and

    (3)   land under a BLT easement may contain non-residential accessory agricultural uses and structures, subject to the terms of each easement.

**Sec. 2B-17. BLT Account.**

  (a)   The Office must create a separate account under the Fund, entitled the BLT Account.

  (b)   The BLT Account must contain payments made to comply with conditions of approval which the Planning Board has imposed for certain plans, and may also contain funds received through donation, appropriation, bond proceeds, or any other source.

  (c)   Funds in the BLT Account must be spent only on BLT easements.  Funds in the BLT Account may be used in conjunction with other funds to buy BLT easements.

### Article 5. Administration.

**Sec. 2B-18.  Regulations.**

  (a)    The County Executive must issue regulations under Method 1 to implement this Chapter.

  (b)    The regulations must specify the:

    (1)   method of easement valuation;

    (2)   method of buying easements;

    (3)   terms of payment for easements; and

    (4)   method of ranking offers to purchase easements.

**Sec. 2B-19. Administration.**

  (a)    The costs of any agricultural land preservation program, including the purchase of any agricultural easement, may be paid from the Fund and any other appropriated funds.

  (b)    The Office must issue an annual report that identifies the:

    (1)   number and types of agricultural easements bought;

    (2)   number of acres preserved by those easements; and

    (3)   price of each easement.

**Sec. 2B-20. Enforcement of State and County Agricultural Easements.**

  (a)   Any violation of this Chapter or regulations issued under it is a Class A violation.  The Department of Permitting Services may issue a citation for any violation of this Chapter or the terms of any agricultural easement.

  (b)   The Office may take legal action, including seeking injunctive or declaratory relief, to prevent any:

    (1)   subdivision of land under an agricultural easement that violates this Chapter or an agricultural easement; or

    (2)   transfer of land, including the transfer of lots to or for the landowner or the landowner’s children, that violates this Chapter or an agricultural easement.

  (c)   The Office may also take legal action to recover any funds obtained from any subdivision or land transfer that violates this Chapter or an agricultural easement, plus costs and a reasonable attorney’s fee.

  (d)   If the creation of an easement under this Chapter conflicts directly with any County law regulating economic activity, noise, or environmental controls, the easement created under this Chapter prevails.

  (e)   If the creation of an easement under any regulation issued under this Chapter conflicts directly with any applicable County regulation on economic activity, noise, or environmental controls, the easement created under this Chapter prevails.

### Article 6. Agricultural Advisory Committee.

**Sec. 2B-21.  Agricultural Advisory Committee.**

  (a)    Definition.  In this Section, “Committee” means the Agricultural Advisory Committee.

  (b)   Established.  The Executive must appoint, subject to confirmation by the Council, an Agricultural Advisory Committee.

  (c)   Composition; Term.

    (1)   The Committee has 15 voting members.

    (2)   The Executive should appoint:

      (A)   12 members to a 3-year term who are bona fide farmers who represent the total farm community and reflect a variety of farm sizes, geographical locations and agricultural projects, at least 3 of whom must be owner-operators of commercial farm land earning 50% or more of their income from farming, and including:

        (i)   1 farm economist; and

        (ii)   1 conservationist; and

      (B)   3 members who have no significant direct financial interest in farming, to a 1-year term to represent broad non-farm County interests. These members may be appointed to successive terms.

    (3)   The Committee may designate ex-officio members as necessary.

    (4)   If a member is appointed to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

  (d)   Officers, meetings, and compensation.

    (1)   The Committee must elect a chair and vice-chair from among its members.

    (2)   The Committee meets at the call of the Chair.  The Committee must meet as often as necessary to perform its duties, but not less than 10 times each year.

    (3)   A member serves without compensation.  However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (e)   Duties.

    (1)   The Committee must:

      (A)   after conferring with the Office of Agriculture, advise the Executive and Council on all matters affecting agriculture in the County;

      (B)   bring matters of particular importance to the attention of the Executive and Council; and

      (C)   comment on matters referred to it by the Executive and Council.

  (f)   Annual Report.  By January 30 of each year, the Committee must submit to the Executive and Council an annual report that:

    (1)   outlines the activities undertaken the previous calendar year;

    (2)   identifies problems affecting agriculture in the County; and

    (3)   make recommendations for government programs that may be necessary to maintain a healthy agricultural economy in the County.

  (g)   Advocacy.  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office fo Intergovernmental Relations.

  (h)   Staff.  The Chief Administrative Officer must provide appropriate staff to the Committee.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 3. Air Quality Control.

**Sec. 3-1. Purpose of chapter.**

  (a)   It is the policy of the County to protect the County’s ambient air quality as necessary to:

    (1)   protect the health, safety, comfort and well-being of the County’s residents and businesses;

    (2)   prevent injury to plant and animal life and to property; and

    (3)   protect the recreational resources of the County.

  (b)   It is the County’s goal to protect and facilitate the improvement of the indoor air quality experienced by businesses and occupants of multi-tenant buildings.

  (c)   The Department must apply principles of sound environmental health management and use reasonably available air quality control technology to implement this Chapter.

**Sec. 3-2. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Air pollutant: Any substance whose release  into the atmosphere causes air pollution. An air pollutant may be in the form of a smoke, gas, dust, odor, particulate matter or combinations of smoke, gas, dust, odor, or particulate matter.

  Air pollution: The presence in the atmosphere of any substances or combinations of substances whose character, quantities or duration make those substances likely to pose a health hazard to humans, plants, or animals, or unreasonably interfere with the use and enjoyment of property.  The substances may be emitted as odors, solids, vapors, liquids, or gases from any single source or in combination with other sources.

  Air pollution episode: A recognized occurrence designated by the Governor of Maryland or the Secretary of the state Department of the Environment as an accumulation of ambient air pollutants at levels harmful to human health.

  Control equipment: Any device or equipment that prevents or reduces emissions.

  Department: The Department of Environmental Protection.

  Director: The Director of the Department or the Director’s designee.

  Emission: Any substance, other than water in an uncombined form, discharged into the atmosphere, including odors, particulate matter, vapors, gases, or any combination of these substances.

  Excessive lodging: A condition of farmland where embedding of the previous crop causes the normal use of harvesting, tillage, or planting equipment to be impossible or impracticable.

  Incinerator: Any equipment or device used to destroy garbage, rubbish or other wastes by burning.

  Indoor air pollutant: Any substance whose indoor presence causes indoor air pollution.  An indoor air pollutant may consist of particles such as dust, fibers, asbestos, or radon progeny; gases such as formaldehyde, carbon monoxide, mists, or bioaerosols; biological substances such as viruses, bacteria, fungi or molds; or combination of substances.

  Indoor air pollution: The indoor presence of any airborne substance, such as particles, fumes, mists, gases, or vapors or combination of substances likely to pose a health hazard to humans, plants, or animals or unreasonably interfere with the use and enjoyment of residential or non-residential property, including the ordinary conduct of business.

  Installation: Any article, machine, or equipment, including emission control equipment, processing equipment, manufacturing equipment, fuel burning equipment, incinerators or any equipment or construction capable of generating, causing or reducing emissions.

  Odor: The property of an emission that stimulates a person’s sense of smell.

  Official fire: A fire authorized by a government officer for the purposes listed in this Chapter.

  Opacity: The degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

  Open fire: A fire in which any material is burned in the open or a receptacle other than a furnace, incinerator or other equipment not in conformance with the design requirements of the applicable building code of the County or the air quality control regulations of the State.

  Particulate matter: Material other than water in uncombined form which is or has been airborne and exists as a liquid or solid at standard conditions of temperature 25 degrees Celsius (77 degrees Fahrenheit) and pressure of 29.92 inches (760 mm) mercury.

  Permit: An air pollution control permit issued by the Department or the Maryland Department of the Environment covering open burning, installation, or operation of equipment with the potential to emit air pollution.

  Person: An individual, group of individuals, partnership, firm, voluntary association, public or private corporation, or an agency, or department of the County or of any federal, state, or municipal government to the extent allowed under federal, state, or municipal law.

  Plan for compliance: A schedule of actions designed to achieve compliance with this Chapter after a specified period of time submitted by a violator and approved by the Director.

  Source: A person or property that is contributing to air pollution.

  Unconfined source: An installation that causes emissions that are not enclosed in a stack, duct, hood, flue, or other conduit, but that escape into the atmosphere through openings such as windows, vents, or doors, ill fitting closures, or poorly maintained equipment.

**Sec. 3-3. Administration.**

  (a)   The Director must enforce this Chapter.  The Director must advise, consult, and cooperate with other local government units, State agencies, interstate agencies, the federal government, private industries and businesses, homeowners associations, and other interested persons about air quality problems that affect human health.

  (b)   This Chapter does not waive any requirement of State or federal law.

**Sec. 3-4. Regulations.**

The County Executive may adopt regulations under method (2) to implement this Chapter. Regulations adopted under this Chapter must not conflict with, waive any provisions of, or be less restrictive than any requirement of State or federal law.

**Sec. 3-5. Ambient air quality requirements for visible emissions.**

  (a)   Generally. A person must not cause or allow the discharge of any visible emission from any installation or building, other than water in an uncombined form, into the atmosphere.

  (b)   Exceptions.  Subsection (a) does not apply to any:

    (1)   Emission during start-up and process modifications or adjustments, or occasional cleaning of control equipment, that is not greater than 40 percent opacity for a period of not more than 6 consecutive minutes in any 60-minute period.

    (2)   Emission from a food preparation installation, such as a char-broiler or pit barbecue, that operates at one location less than 15 days in any 365-day period, or that is not greater than 10 percent opacity.

    (3)   Emission caused by wood burning in a residential fireplace or wood stove, or emission for recreational purposes such as a campfire.

    (4)   Emission from an open fire (except a salamander) that complies with this Chapter.

**Sec. 3-6. Ambient air quality requirements for particulate matter from unconfined sources.**

  A person must not cause or allow emissions from an unconfined source without taking reasonable precautions to prevent particulate matter from becoming airborne.  When the Director orders, these precautions must include installing and using hoods, fans, and dust collectors to enclose, capture, and vent emissions.

**Sec. 3-7. Ambient air quality requirements for particulate matter from materials handling and construction.**

  (a)   A person must not cause or allow any material to be handled, transported, or stored, or any building or road to be constructed, altered, repaired, or demolished, without taking reasonable precautions to prevent particulate matter from becoming airborne.

  (b)   Unless the Director finds otherwise in a particular situation, reasonable precautions include:

    (1)   using water or chemicals to control dust when demolishing a building or structure, undertaking construction operations, grading a road, or clearing land;

    (2)   applying asphalt, water, or suitable chemicals on a dirt road, materials stockpile, or other surface that can create airborne dust;

    (3)   installing and using hoods, fans, and dust collectors to enclose and vent the handling of dusty materials, and employing reasonable containment methods to prevent the release of particulate matter during sandblasting or similar operations;

    (4)   covering each open-bodied vehicle used to transport any material likely to create air pollution at all times when the vehicle is moving;

    (5)   paving a roadway and maintaining it in clean condition; and

    (6)   promptly removing earth or other dust-producing material from a paved street to which the material was transported by truck, earth moving equipment, or water erosion.

**Sec. 3-8. Control or prohibition of open fires.**

  (a)   Official fires.  A public officer may set an open fire with due notice to, but without prior approval from, the Director if the public officer is performing an official duty and the fire is necessary to:

    (1)   prevent a fire hazard which cannot be abated by other means;

    (2)   instruct public fire fighters or industrial employees under supervision of the Fire Administrator if the instruction does not occur during an air pollution episode and the fires do not contain asphaltic or asbestos materials; or

    (3)   protect the public health, safety or welfare.

  (b)   Open fires.  Except during an air pollution episode, the following open fires are allowed without prior approval of the Director if the fire does not otherwise violate any other law or regulation:

    (1)   Cooking.  A person may use a fire to cook food if the person uses an outdoor cooking apparatus approved for use by a nationally recognized standards organization, such as Underwriters Laboratory, and the person does not create a nuisance.

    (2)   Salamanders.  Construction workers and other outdoor workers may use a salamander or other device fired with propane gas or No. 2 fuel oil for heating if the device does not create visible emissions.

    (3)   Recreational purposes.  A person may set an open fire, such as a campfire, for recreational purposes if the fire does not produce visible emissions that exceed 20 percent opacity for a total of more than 3 minutes in any 60-minute period and is not larger than 3 feet in diameter.

  (c)   Permitted fires.  Except as provided in subsections (a) and (b), a person must not burn any refuse or plant life outside of a building unless the person has obtained a permit from the Director.  The Director must limit the duration of the permit.  The Director may issue the permit for any of the following reasons or purposes:

    (1)   Agricultural open burning.  A person may set a fire during agricultural operations if the fire complies with subsection (d) and the person obtains an agricultural burning permit before setting the fire.  The Department may grant a permit to burn excessive lodging or destroy diseased crops and other vegetation originating on the applicant’s property only:

      (A)   on a property that is agriculturally assessed for property tax purposes; and

      (B)   if the burning is necessary to maintain agricultural land in production.

    (2)   Ceremonial burning.   A person may set fires for a ceremonial purpose.

    (3)   Disaster rubbish.  A person may burn rubbish, including landscape waste, during a community disaster if the County Executive has officially declared a state of emergency.

    (4)   No alternative.  A person may burn any material if the Director finds that there is no practical alternative way to dispose of or store the material more safely.

  (d)   Conditions.  The Director may impose any condition on an open burning permit to prevent air pollution or protect the health, safety, comfort and property of persons.  An open fire must at all times be attended by the permittee or the permittee’s agent who has the burning permit in possession during the burning.  The Director must not grant a permit if the intended activity would:

    (1)   create a hazardous condition;

    (2)   be conducted during an air pollution episode or other burning prohibition period declared by the Governor or the Secretary of the Maryland Department of the Environment;

    (3)   be conducted within 500 yards of an occupied building or a heavily traveled public road, walkway, path, or other facility used by the public;

    (4)   violate any other law or regulations;

    (5)   create visible emissions whose opacity exceeds 20 percent for more than a total of 3 minutes in any consecutive 60-minute period; or

    (6)   include the burning of leaves, brush, other vegetation, or household trash.

  (e)   Permit denial.  The Director may deny a request for an open burning permit if:

    (1)   the applicant has not shown that the applicant can comply with this Chapter and any applicable State or federal air pollution control law; or

    (2)   the Director finds, based on the applicant’s history, that the applicant is not likely to comply with all applicable County, State, and federal air pollution control laws.

  (f)   Permit revocation or suspension.  The Director may revoke, suspend, or modify a permit granted under this Section if the Director finds that the permittee has violated any term or condition of the permit.  Notice of any proposed revocation, suspension, or modification must be in writing, include the reason for the decision, and give the permittee an opportunity for a hearing.  A request for a hearing does not stay the Director’s action.

  (g)   Extinguishing fires in violation.  A person responsible for starting a fire that violates this Section must promptly extinguish the fire after receiving notice from the Department.  The notice to extinguish the fire is not an exclusive remedy.

**Sec. 3-9. Ambient air quality requirements for odors.**

  (a)   A person must not cause or allow the emission into the atmosphere of any gas, vapor, or particulate matter beyond the person’s property line or unit if a resulting odor creates air pollution.

  (b)   The Director may issue a citation for violating subsection (a) if the Director:

    (1)   witnesses the violation; or

    (2)   receives complaints from at least 2 individuals who have person knowledge of the air pollution odor.

**Sec. 3-10. Control and prohibition of indoor air pollution.**

  (a)   A person must not cause or allow the emission of indoor air pollutants beyond the person’s property line in a manner that creates indoor air pollution.

  (b)   Subsection (a) does not apply to:

    (1)   the residential use of personal hygiene products;

    (2)   smoking in a private home; or

    (3)   residential cooking odors.

  (c)   In this Section, “property line” means the boundary of a residential or non-residential area that a person legally uses or owns.  For a property divided into more than one legal unit, such as multi-family housing or a multi-tenant commercial property, “property line” also includes any boundary between a unit and a common area or between units.

  (d)   The Director may issue a citation for violating this Section if the Director:

    (1)   witnesses the violation; or

    (2)   receives complaints from at least 2 individuals who have personal knowledge of the indoor air pollution.

**Sec. 3-11. Determining compliance.**

  (a)   Compliance methods.  The Director may conduct testing or require a property owner to conduct testing to determine compliance with this Chapter in response to a complaint.

  (b)   Manner of testing.  A property owner must conduct all tests in a manner, and before the deadline, set by the Director and submit a detailed report of all test results to the Director within 15 days after the testing is complete unless the Director grants an extension.  Each test must be performed by a person qualified to conduct the test, as determined by the Director.

**Sec. 3-12. Emergency provisions.**

  (a)   Notwithstanding this Chapter or any other law, if the Director finds that a person is causing or contributing to air pollution and that the pollution creates an emergency that requires immediate action to protect the public health or safety, the Director must order the person to immediately reduce or stop the air pollution.  That person must immediately comply with the Director’s order.

  (b)   If the Governor or the Secretary of the Maryland Department of the Environment declares an air pollution episode, the Director may take any action authorized under State law to protect the public health or safety.

**Sec. 3-13. Enforcement and penalties.**

  (a)   The Director may enter a non-residential site during normal business hours or at any other reasonable time to inspect, investigate, or monitor activities subject to this Chapter.  If the person in charge of the site does not consent to an entry by the Director, the Director must obtain an administrative search warrant from a court by satisfying reasonable statutory or administrative standards for conducting an inspection.

  (b)   The Director may, with the consent of the owner or occupant, enter a private dwelling at any reasonable time to inspect, investigate, or monitor activities subject to this Chapter.  If the owner or occupant of the residence does not consent to an entry by the Director, the Director may obtain an administrative search warrant from a court by showing that reasonable legislative or administrative standards for conducting an area inspection have been satisfied.

  (c)   A person must not hinder, prevent, or unreasonably refuse to permit a lawful inspection, investigation, or monitoring under this Chapter.

  (d)   The Director, the Fire Administrator, or the Administrator’s designee may issue a notice of violation, corrective order, stop-work order, or civil citation to any person who causes or allows a violation of this Chapter.

  (e)   A person who causes or allows a violation of this Chapter must submit a plan for compliance if required under a notice of violation or corrective order.  The plan must include a schedule to correct the violation.  The Director must approve or disapprove the plan and any amendment to an approved plan.

  (f)   The Director may issue a stop-work order to any person who violates this Chapter in connection with an activity conducted under a building permit issued under Chapter 8 or a sediment control permit issued under Chapter 19.

  (g)   Any violation of this Chapter is a Class A violation.  Each day a violation continues is a separate offense.

  (h)   In addition to any other remedy allowed by law, the Department may seek injunctive or other appropriate judicial relief to prevent or stop a violation of this Chapter.

**Sec. 3-14. Appeals.**

  (a)   A person aggrieved by an action taken or an order issued under this Chapter may seek reconsideration by filing a written request with the Director within 10 days after the action or order.  The request must state the date and nature of the action or order, the remedy requested, and why the Director should grant the request.  Within 10 days after receiving the request, the Director must:

    (1)   issue a written decision on the request for reconsideration if the Director finds no material facts in dispute; or

    (2)   notify the person in writing of any material facts in dispute and:

      (A)   establish a deadline of not more than 30 additional days for the Department to resolve the dispute and the Director to issue a written decision on the request for reconsideration; or

      (B)   refer the matter to a hearing officer under Article I of Chapter 2A.

  (b)   A request for consideration does not stay the action or order unless the Director grants a stay.  The Director’s decision on a request for reconsideration is a final decision.

  (c)   A person aggrieved by a final decision of the Director under this Chapter may appeal the action or order under Section 2A-11.

**Sec. 3-15. Prima facie evidence of unlawful emissions.**

  In any hearing of the district court for the county or any court of competent jurisdiction, the fact of operation without a valid permit, together with testimony as to ownership or responsibility from the records of the department shall be prima facie evidence of unlawful emissions and that the equipment for which the permit is not in effect is being operated in violation of the provisions of this chapter and regulations enacted pursuant thereto.

**Sec. 3-16. Appeals.**

  Any person aggrieved by an order issued under this Chapter may appeal within 10 days from such order to the County Board of Appeals under Section 2-112(a).  Such appeal does not stay execution of the order more than 10 days, unless the Board of Appeals grants a stay upon application of the person filing the appeal.

**Sec. 3-17. Violations, penalties and liabilities.**

  Failure to comply with any provision of this chapter shall constitute a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 3A. Alarms.

**Sec. 3A-1. Definitions.**

  When used in this Chapter:

  Alarm business means any business which alters, installs, leases, maintains, monitors, repairs, replaces, sells at retail, services, or responds to an alarm system.

  Alarm signal means the activation of an alarm system.

  Alarm system means any mechanical or electrical equipment arranged to signal an unauthorized entry or other illegal activity. Alarm system includes devices activated automatically, such as burglar alarms, and devices activated manually, such as hold up alarms.  Alarm system does not include telephone lines maintained and operated by public utilities under the regulation of the public service commission over which such signals might be transmitted, or alarm systems installed in motor vehicles, boats, or aircraft.

  Alarm user means:

  (a)   the owner or lessor of any alarm system;

  (b)   the occupant of any dwelling unit with an alarm system; and

  (c)   each tenant that uses an alarm system in a multi-tenant building.

  Enforcing agency means:

  (a)   the Police Department; or

  (b)   any other agency of County government that the Chief Administrative Officer assigns to enforce this Chapter; or

  (c)   in any municipality in which this Chapter applies, an agency designated by the municipality to enforce this Chapter.

  False alarm means any alarm signal:

  (a)   that elicits a response by police personnel; and

  (b)   for which there is no evidence of criminal activity to justify a police response.

  License means a license issued to an alarm business by the enforcing agency.

  Nonresidential alarm user means any alarm user that is not a residential alarm user.

  Residential alarm user means the occupant of any dwelling unit with an alarm system.

**Sec. 3A-2. Alarm business license.**

  (a)   A person must not engage in the alarm business in Montgomery County unless the person obtains an alarm business license.

  (b)   The County Executive must establish by regulation adopted under method (2) procedures to issue licenses to all alarm businesses that operate in Montgomery County. The Executive must set an alarm business license fee by regulation adopted under method (2).

  (c)   An alarm business without a current County license must not request a police response to an alarm signal from an alarm system in the County.  The Police Department must not respond to a request for police response from an unlicensed alarm business.

  (d)   The enforcing agency may collect, analyze, and disclose statistical or other information about the false alarm experience of specific alarm businesses.  The authority in this subsection does not limit any other data collection or disclosure authority of any County agency.

**Sec. 3A-3. Alarm user registration.**

  Every alarm user must register the user's alarm system with the enforcing agency before the user begins using the system and must renew the registration periodically as provided by regulation.  The alarm user must pay alarm user registration and renewal fees.  The County Executive must establish procedures in regulations adopted under method (2) for alarm businesses to issue County alarm user registration forms, and return completed forms and registration fees to the enforcing agency.  The Executive must set residential and nonresidential alarm user registration and renewal fees by regulation adopted under method (2).

**Sec. 3A-4. Alarm response fee; request for  police response.**

  (a)    The enforcing agency must collect an alarm response fee from the alarm user for false alarms from the user's alarm system in a calendar year, unless the enforcing agency excuses the false alarm for good cause.  The Executive must establish in regulations adopted under method (2):

    (1)   whether an alarm system may produce a certain number of false alarms during a calendar year before alarm response fees apply; and

    (2)   the conditions under which the enforcing agency will excuse a false alarm, including an alarm signal caused by severe weather.

    A false alarm excused by the enforcing agency under paragraph (2) does not count toward any fee or sanction under this Chapter for a later false alarm.

  (b)    The Executive must set alarm response fees by regulation adopted under method (2).  The Executive may set lower alarm response fees for residential alarm users than the corresponding fees for nonresidential alarm users.  The alarm response fee must increase for larger numbers of false alarms from an alarm user's alarm system.  In addition to any other fee required under this Chapter, the regulation may impose a special fee for any police response to a false alarm from an unregistered alarm system, including a system whose registration has expired.

  (c)    The Executive must establish procedures in regulations adopted under method (2) for an alarm business to request a police response to an alarm signal, including procedures to verify an alarm signal before requesting a police response.  The regulations must prohibit the alarm business from requesting a police response until a specified number of days after the alarm user registers the alarm system under Section 3A-3, unless the enforcing agency waives this prohibition because of an imminent danger to people or property.  An alarm business must comply with these procedures when the business requests a police response to an alarm signal.  The Police Department may refuse to respond if the alarm business does not follow these procedures.

  (d)    An alarm user may recover an alarm response fee from the alarm business that sold, installed, or monitored the user's alarm system if the false alarm is the result of:

    (1)   faulty, defective, or malfunctioning equipment supplied by the alarm business;

    (2)   improper installation or maintenance by the alarm business; or

    (3)   improper monitoring by the alarm business.

**Sec. 3A-5. Appeal.**

  An alarm user may appeal the Police Department's determination that an alarm signal was a false alarm to the Chief Administrative Officer or the CAO’s designee.  The County Executive must set fees and the period allowed for filing an appeal by an alarm user in regulations adopted under method (2).  The Chief Administrative Officer may refer any appeal to the Office of the Hearing Examiner for a written report and recommendation.  The Chief Administrative Officer or the CAO’s designee must decide the appeal.  The alarm user may appeal the decision to the Circuit Court as an administrative appeal under the Maryland Rules of Procedure.

**Sec. 3A-6. Installation standards; inspections.**

  (a)   The County Executive must establish alarm system installation and equipment standards in regulations adopted under method (2).  Any alarm system installed after August 31, 1993 must meet the installation standards.

  (b)   An alarm business must certify in writing to the alarm user that any alarm system installed after August 31, 1993, meets the installation standards.

  (c)   An alarm user must have the user’s alarm system inspected by an alarm business licensed under Section 3A-2 after 3 false alarms from the system in a calendar year.  The alarm user and alarm business must certify to the enforcing agency that the alarm system has been inspected, is functioning properly, and that the alarm business has provided additional instruction to the alarm user and others who have contact with the alarm system on the proper use of the alarm system.  The enforcing agency must receive the certification within a time period specified by regulation.

  (d)   An alarm user must conform the user’s alarm system to the installation standards established under Section 3A-6(a) after 6 false alarms from the user's system in a calendar year.

  (e)   The enforcing agency may waive the requirement for an inspection or upgrade under this Section if the enforcing agency determines that a sufficient number of the false alarms during the calendar year could not have been related to a defect or malfunction in the alarm system.

**Sec. 3A-7. Time limit on audible alarm systems.**

  An alarm business must not install or maintain, and an alarm user must not use, an audible alarm system which can sound continuously for more than 30 minutes.

**Sec. 3A-8. License revocation and appeals.**

  (a)   The enforcing agency may refuse to grant a license under this Chapter to an alarm business, and may suspend, revoke, or refuse to renew the license of an alarm business, if the agency finds that the alarm business:

    (1)   repeatedly did not perform installation, repairs, maintenance, or other work competently;

    (2)   repeatedly provided customers with faulty, defective, or malfunctioning equipment;

    (3)   requested a police response to an alarm signal when the alarm user had not authorized the alarm business to make the request;

    (4)   requested a police response to an alarm signal after the enforcing agency notified the alarm business that:

      (A)   the alarm system that produced the signal was not registered under Section 3A-3;

      (B)   the alarm user did not pay an alarm response fee due under Section 3A-4 after expiration of the time allowed for, or the conclusion of, any appeal under Section 3A-5; or

      (C)   conformed the user’s alarm system to the installation standards established under Section 3A-6(d);

    (5)   did not comply with procedures set by regulation for requesting a police response to an alarm signal;

    (6)   submitted false information on an alarm business license application;

    (7)   contracted for business in the County with an unlicensed alarm business;

    (8)   had a similar license suspended, revoked, or refused in another jurisdiction;

    (9)   knowingly after reasonable inquiry, employed an officer, manager, agent, or employee in the sale, installation, monitoring, or maintenance of alarm systems who was convicted of a felony, or a misdemeanor involving theft, within the past 7 years; or

    (10)   violated any other provision of this Chapter, Chapter 11, or any other law or regulation relating to the sale, installation, monitoring, or maintenance of alarm systems.

  (b)   Before revoking, suspending, or refusing to grant or renew a license under this Section, the enforcing agency must give the licensee an opportunity for a hearing to show cause why the license should not be revoked or suspended, or the license application should be granted or renewed. The enforcing agency must give the licensee or applicant 15 days' written notice of the hearing, by personal service or certified mail delivered to the last address provided by the licensee or applicant.  The notice must specify the time, date, and place of the hearing, and must contain sufficient information to give the licensee or applicant notice of the nature of the complaint.  The notice must specify that the licensee or applicant has a right to representation by counsel and that the license could be suspended, revoked, or denied.

  (c)   The hearing officer may revoke, suspend, or refuse to grant or renew a license if the hearing officer finds that the licensee or applicant has violated this Chapter, Chapter 11, or any other law or regulation relating to the sale, installation, or maintenance of an alarm system. Any decision to revoke, suspend, or refuse to grant or renew a license must be in writing and must state the facts on which the decision is based. Any decision must be served on the licensee or applicant by personal service or by certified mail. The license or applicant may appeal a decision to revoke, suspend, or refuse to grant or renew a license to the Circuit Court as an administrative appeal under the Maryland Rules of Procedure.

**Sec. 3A-9. Penalties.**

  (a)    An alarm user who violates Section 3A-3 or Section 3A-6(c) is subject to punishment for a class B violation.

  (b)    The Police Department must not respond to an alarm signal from an alarm system if the alarm user has:

    (1)   never registered the user's alarm system under Section 3A-3;

    (2)   not paid an alarm response fee due under Section 3A-4 after expiration of the time allowed for, or the conclusion of, any appeal under Section 3A-5; or

    (3)   not conformed the user's alarm system to County installation standards under Section 3A-6(d).

  (c)    Notwithstanding any other provision of this Chapter, the Police Department should respond to an alarm signal that a person intentionally activated in response to actual or threatened criminal activity.  The enforcing agency must not count the signal as a false alarm under this Chapter.

  (d)    An alarm business that violates this Chapter is subject to punishment for a class A violation.

**Sec. 3A-10. Applicability and regulations.**

  (a)   This Chapter applies to any person or business, including any federal, State, County, or other government agency, that uses an alarm system that can elicit a response by County law enforcement personnel.

  (b)   The County Executive must adopt regulations under method (2) to implement this Chapter.

**Sec. 3A-11. Report.**

  The County Executive must report to the County Council on the implementation of this Chapter by March 1 each year.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 4. Amusements.

### Article I. In General.

**Secs. 4-1-4-3. Reserved.**

### Article II. License Generally.

**Sec. 4-4. Required.**

  It shall be unlawful for any person, either directly or indirectly, to establish, conduct, operate or to permit the operation of, on any premises owned by him, any enterprise described in section 4-8 without a license being first procured and kept in effect at all times as required by this article.

**Sec. 4-5. Procurement.**

  Licenses required by this article shall be procured from the director upon payment of the license fee fixed by section 4-8.

**Sec. 4-6. Application generally; publication requirements.**

  No license shall be issued by the director for the operation of any of the enterprises specified in section 4-8 until proper application therefor has been made to the director in such form as he shall designate, and a copy of the application has been published in some newspaper of general circulation within the county at least two (2) weeks prior to the issuance of such license, which publication shall be at the expense of the applicant seeking such license. Such publication shall not be required for the issuance of any such license for any enterprise that has been in continuous operation at the same location for three (3) years immediately preceding the application for the license.

**Sec. 4-7. Certificates to be filed by applicant.**

  The Director must not issue or renew an annual license provided for in this Article unless the following certificates have first been filed with the Director for the license year in question:

  (a)   A certificate from the Department stating that the building to be occupied or used for the enterprise is structurally safe for the purpose for which such building is intended to be used, and that such building is in compliance with the applicable building, electrical and plumbing codes.

  (b)   A certificate from the fire marshal stating that the space, premises or building to be occupied or used for the enterprise are in compliance with the fire prevention code of the County.

  (c)   A certificate of use and occupancy from the Director of Permitting Services stating that the building and the premises on which the building is located comply with the standards and regulations of the Department of Permitting Services.

  (d)   A certificate from the Director stating that the building and the premises on which the building is located comply with the standards and regulations of the State Board of Health.

**Sec. 4-8. Fees.**

  The following schedule of license fees for the operation of the following enterprises within the limits of the county is hereby established:

  (a)   Amusement parks. Amusement parks, operated for profit, where a charge is made at the gate or a separate charge or fee is made to the individual shows or entertainment therein, or both: One thousand dollars ($1,000.00) per annum, if the park contains a swimming pool or dance hall; one hundred fifty dollars ($150.00) per annum, if it does not contain a swimming pool or dance hall. The payment of this fee entitles the operator of the amusement park to operate within the limits of the park any amusement devices not prohibited by law; provided, that no license shall be granted any amusement park to operate as aforesaid until the amusement park has submitted to the director of the department proof of sufficient responsibility or adequate liability insurance coverage to protect the public using the park.

  (b)   Theaters. Theaters or moving picture houses operated for profit, not including outdoor theaters which are treated separately in this chapter, as follows:

    (1)   Moving Picture Houses. The following schedule of fees applies to houses with seating capacities as listed opposite the fees:

Capacity | Fee per Annum
Up to 300 | $50.00
301 to 500 | $60.00
501 to 750 | $75.00
751 to 1,000 | $100.00
1,001 and over | $125.00

    (2)   Legitimate Theaters, herein defined as places in which exhibitions of live dramatic performances are presented, one hundred dollars ($100.00) per annum.

  (c)   Dance halls, restaurants, hotels, etc.-Generally. Dance halls, restaurants, cafes, inns, taverns, hotels or clubs, operated for profit and where public dancing is permitted more than once each week, five hundred dollars ($500.00) per annum.

  (d)   Same-One-time only events. Dance halls, restaurants, cafes, inns, taverns, hotels, armories, coliseums or clubs at which are held any picnic, dance, soiree or other entertainment for private or personal gain or profit, at which the general public is admitted for a single day or evening, and which affair is held on a one-time only basis, one hundred dollars ($100.00) per affair.

Such licenses are authorized by sections 4-6 and 30-2 and are to be issued in accordance with section 4-10, notwithstanding any provisions to the contrary in sections 4-9 and 30-1.

  (e)   Swimming pools. Public swimming pools, operated for profit, whether admission is by membership card or for a charged fee, one hundred fifty dollars ($150.00) per annum.

  (f)   Baseball, etc., parks. Baseball, football or athletic parks, twenty-five dollars ($25.00) per annum.

  (g)   Carnivals and circuses. Carnivals and circuses, twenty-five dollars ($25.00) per week.

  (h)   Roller skating rinks. Roller skating rinks, twenty-five dollars ($25.00) per annum.

  (i)   Miniature golf courses. Miniature golf courses, twenty-five dollars ($25.00) per annum.

  (j)   Driving ranges. Golf and baseball driving ranges, twenty-five dollars ($25.00) per annum.

  (k)   Pitch and putt courses. Golf pitch and putt courses, twenty-five dollars ($25.00) per annum.

  (l)   Pony rings. Pony rings, twenty-five dollars ($25.00) per annum.

**Sec. 4-9. Expiration.**

  Each license issued under this article shall expire one (1) year from the date of issuance.

**Sec. 4-10. Denial, revocation or suspension--Grounds; civil penalty.**

  (a)   The director may deny, revoke or suspend any license applied for or issued under this article upon a finding that, for any sufficient reason, including activities of the owner, operator, employees or guests, the enterprise licensed hereunder, or for which a license application has been made, constitutes a detriment, is injurious to, or is against the interests of the public health, safety, morals, or welfare. In making such finding, the director shall consider, but not by way of limitation, the following:

    (1)   Good moral, reputable, and responsible character of the owner, operator, and person in charge, including police and penal history, license history, and general personal history.

    (2)   Compliance with this article and with all applicable state and county laws, rules and regulations, including operating hours, health standards, safety regulations, and fire regulations.

    (3)   Excessive noise, traffic congestion, or any other activity which constitutes a nuisance.

    (4)   Occurrence or repeated occurrences on the premises by the owner, operator, agents, employees, or guests of any offenses involving crimes of violence, sex offenses, prostitution or solicitation, drunkenness or violation of gaming, alcoholic beverage or narcotic drug laws, contributing to delinquency of minors, and similar or other offenses.

  (b)   Instead of suspension or revocation, the director may impose a fine not greater than five hundred dollars ($500.00) if the director believes that the payment of money will achieve the desired disciplinary purposes.

**Sec. 4-11. Same-Notice and hearing.**

  Before denying, revoking or suspending any license under this article, the director shall give notice to the applicant or licensee, specifying therein the specific violations or reasons for the proposed action, which notice shall direct the applicant or licensee to appear before him at some specified time to show cause why such license should not be denied, suspended or revoked. Upon failure or refusal of the applicant to appear or upon findings at the hearing, the director may deny, suspend or revoke the license. All orders or notices by the director shall be served on the applicant or licensee by certified or registered mail at the address shown on the application or by personal delivery. If the applicant or licensee cannot be found, it shall be sufficient to serve any person in charge of the enterprise at the premises or to post a copy of the order or notice on the premises.

**Sec. 4-12. Same-Summary action.**

  (a)   When the conduct or operation of any enterprise licensed under this article, by its owner, operator, agents or employees, is so inimical to the public health, safety and general welfare as to constitute a nuisance or immediate danger and thus give rise to an emergency, the director shall have the authority to order summarily the cessation of business, the closing of the premises and the suspension or revocation of the license.

  (b)   Unless waived in writing by the licensee, within ten (10) days after he has acted summarily, the director shall conduct a special hearing for such action in respect to the summary order as may therein be determined. Notice of such hearing shall be given the affected person in the manner described in section 4-11.

**Sec. 4-13. Same-Appeal.**

  Any person aggrieved by any decision or action of the director under this article shall have the right to appeal to the county board of appeals by filing a written application within ten (10) days following the effective date of the action or decision complained of in such form as the board of appeals may prescribe. the board of appeals, within thirty (30) days from the filing thereof, shall hold a public hearing and shall be empowered thereafter to affirm, abate, reverse or modify the decision or action of the director.

**Sec. 4-14. Enforcement of article; right of entry.**

  The director shall make all investigations reasonably necessary to the enforcement of this article, and the director, his agents and other authorized county agents shall have the authority to enter and inspect, for the purposes of enforcing this article, at all reasonable times, those premises where a license is required or which are operating under a license or where a license has been suspended or revoked.

**Sec. 4-15. Definitions.**

  As used in this Article, the term "Director" means the Director of the Department of Health and Human Services and "Department" means the Department of Health and Human Services.

**Sec. 4-16. Penalty.**

  Any person who, on premises owned by him, operates, attempts to operate, or permits the operation of any of the enterprises mentioned in section 4-8, without first having obtained the license hereby prescribed or after a license has been revoked or suspended, shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense.

### Article III. Outdoor Theaters.

#### Division 1. Generally.

**Sec. 4-17. Short title.**

  This article may be cited as the "outdoor theater ordinance."

**Sec. 4-18. Definitions.**

  As used in this Article, the following words and phrases have the following meanings:

  Commission. The Maryland-National Capital Park and Planning Commission.

  Department. The Department of Health and Human Services.

  Director. The Director of the Department of Health and Human Services or the Director's designee.

  Drive-in theater. Any premises in which motion pictures are projected upon a screen which are viewed by patrons seated in automobiles or other outdoor stationary seats and for which an admission is charged, but not to be considered as an opera house.

  Outdoor theater. Same as drive-in theater.

**Sec. 4-19. Administration and enforcement of article--Generally.**

  The director is hereby charged with the responsibility for the administration and enforcement of the provisions of this article under the direction of the county executive.

**Sec. 4-20. Same-Right of entry.**

  The director, the county fire marshal, the superintendent of police or any of their authorized representatives shall have the right of entry upon the premises of any outdoor theater grounds, buildings or houses, for the purposes of enforcing this article.

**Sec. 4-21. Requirements as to gates, entrances and exits, screens, etc.**

  In addition to the requirements of the applicable laws of the county and the state pertaining to outdoor theaters, the following requirements shall also be met in order to promote the health, safety and welfare of the county, and prior to the issuance of a license by the council:

  (a)   Ticket gates. One (1) ticket gate shall be provided for each three-hundred-car capacity theater, two (2) gates for six-hundred-car capacity, three (3) gates for eight hundred (800) cars and four (4) gates for one thousand (1,000) cars. A ticket gate which serves two (2) lanes of traffic shall be considered as two (2) ticket gates.

  (b)   Entrances and exits.

    (1)   Exits to a street or road from an outdoor theater shall be so arranged that lines of incoming and outgoing travel do not cross.

    (2)   At no point in the exit travel of any car shall the width of driveway be less than necessary to accommodate two (2) cars abreast of each other, unless the public road is not able to accommodate this volume of traffic, in which event the exit lane shall be the width prescribed by the director.

    (3)   Except when backing from the parked position, it shall not be necessary for any car to travel in reverse to reach an exit.

    (4)   All exit and entrance drives shall be surfaced so as to be resistant to erosion as determined by the director.

    (5)   The path of exit travel from each row of cars shall be plainly marked by directional lights or signs which shall be clearly visible at night to the drivers.

    (6)   The view of the entrance shall not be obstructed.

    (7)   A theater marquee will be permitted at the entrance, but it shall not be higher than thirty-five (35) feet nor wider than eighty (80) feet.

    (8)   Entrances shall not be used for exits.

    (9)   All entrances and exit service drives shall be constructed soas to accommodate at least thirty (30) percent of the capacity of the theater. A minimum capacity of one hundred (100) cars or ten (10) percent of the theater capacity, whichever is greater, shall be provided for at the entrance drive, between the ticket gates and the public highway, to provide ample stack up space for patrons waiting to purchase tickets.

  (c)   Disposition of cars.

    (1)   There shall be a minimum separation of thirty-eight (38) feet between the line of speaker post in one (1) row or ramp and the line of speaker post in the adjacent row or ramps.

    (2)   The distance between the first row of cars or seats and the screen shall exceed the height of the screen structure by at least twenty (20) feet.

  (d)   Screen and screen structure.

    (1)   The screen shall be of incombustible materials. Its supporting structure shall be of incombustible materials or of heavy timber construction protected by an enclosure of incombustible materials.

    (2)   The screen and its supporting structure shall be designed to withstand a wind pressure of at least twenty-five (25) pounds per square foot.

    (3)   The picture screen shall be placed so that not more than twenty (20) percent of its area can be seen from the public highway within one-fifth of one (1) mile of the screen and shall be set back from the most traveled public highway a distance not less than one hundred fifty (150) percent of the screen tower height.

  (e)   Motion picture film and projection booth. The construction of the motion picture projection booth and the storage, use and handling of motion picture film shall be in accordance with the county fire prevention code and the county building code.

  (f)   Where permanent stationary seats are provided for patrons.

    (1)   Seats of any kind shall only be permitted in areas where cars may not be driven.

    (2)   Where permanent seats are provided for the use of patrons, the seats shall be installed in compliance with the county fire prevention code and the county building code.

  (g)   Fire extinguishers. Approved class B-1, C-1 extinguishers in case a parked car catches fire. Attendants shall be instructed in their use.

  (h)   Advertising on billboards. If the premises is enclosed, advertising on billboards enclosing the premises is prohibited.

**Sec. 4-22. Area and capacity requirements.**

  The following area and capacity requirements shall be met at each outdoor theater, depending on the size of the theater:

  (a)   For each five-hundred-car capacity, six and one-half (6 1/2) acres shall be required; for each one-thousand-car capacity, twelve and one-half (12 1/2) acres shall be required, plus ten (10) acres for each additional five hundred (500) cars; for any theater of less

than five hundred (500) cars, six and one-half (6 1/2) acres shall be required; for any number of cars between five hundred (500) and one thousand (1,000), one and three-tenths (1.3) acres shall be required per one hundred (100) cars.

  (b)   The number of cars, ramps and distances shall be according to the following table:

Capacity | Number of Ramps | Distance from Screen to Rear of Last Drive
500 cars | 10 | 510 feet
586 cars | 11 | 548 feet
670 cars | 12 | 586 feet
778 cars | 13 | 624 feet
886 cars | 14 | 662 feet
1,000 cars | 15 | 700 feet

**Sec. 4-23. Grade requirements; screen tower; lighting.**

  (a)   Grade requirements. The grade at each outdoor theater shall be fairly level, either sloping toward the screen, away from the screen, toward the center of the area, or from center to each side. If the grade is toward the center, adequate drains shall be provided to carry away the water. The grade shall be no greater than three (3) feet to five (5) feet per one hundred (100) feet horizontal, unless the building inspector shall waive this requirement due to the terrain.

  (b)   Screen tower. The soil pressure or impressions at the screen tower at an outdoor theater shall conform to the following pressure test. Permissible pressure for various soils is:

    Bedrock, twenty thousand (20,000) pounds per square foot

    Stiff gravel, six thousand (6,000) pounds per square foot

    Hard dry clay, four thousand (4,000) pounds per square foot

    Soft wet clay, three thousand (3,000) pounds per square foot

    Soft wet sand, three thousand (3,000) pounds per square foot

    Quicksand, one thousand (1,000) pounds per square foot

    Wet mulch, five hundred (500) pounds per square foot.

All screen tower plans shall be submitted to the director for approval before construction. The engineer's or architect's description of conditions and the structural specifications for meeting them shall cover soil pressure, foundation and anchorage as well as the structural resistance of the tower itself. The screen tower shall be enclosed so that none of the internal beams or supports are visible.

  (c)   Lighting facilities. Access drives shall have sufficient light to give proper directions. Lights which reflect onto the highway or into any building shall be shielded as prescribed by the director.

**Sec. 4-24. Electrical system and equipment.**

  The electrical system and equipment at every outdoor theater must be insulated by proper elevation or concealed under the ground surface, and all electrical fuses, contact points, outlets and switches must be enclosed and safeguarded by devices and equipment approved by the Director of Permitting Services. Cables in the ground traversed by the public must be placed in trenches or conduits or protected by approved covers. All electrical installations must conform to the requirements of the National Electrical Code, the County electrical code and the County fire prevention code.

**Sec. 4-25. Enclosures.**

  When the county council shall find that it is required for the purpose of safeguarding the health, safety and welfare of surrounding residential development, then, in that event, the operator of any drive-in theater shall provide a wall or fence of adequate height to separate the patrons and cars in attendance in the theater from surrounding property. The fence shall be of substantial construction made of wood, metal or masonry and erected solely upon the property used for the outdoor theater proposed, in accordance with the requirements specified by the director, but it shall not be treated as a partition or line fence. The outside of the fence, as far as possible, shall be landscaped with suitable plants and shrubbery to preserve harmony with the appearance of the surrounding property.

**Sec. 4-26. Operating regulations generally.**

  No outdoor theater shall be maintained or operated in violation of the following requirements and it shall be unlawful for the owner, operator or manager of any outdoor theater or its agents, servants or employees to violate or permit violation of any such requirements:

  (a)   Loitering. Loitering shall not be permitted in or about the entrance to or exits from any outdoor theater.

  (b)   Disturbances. Quiet and good order shall be maintained upon the premises where any outdoor theater is operated.

  (c)   Advertising pictures, etc. No obscene or immorally suggestive advertising pictures or writing shall be permitted on the premises of any outdoor theater and no picture or other form of advertising shall be permitted which does not accurately describe the theatrical performance or moving picture entertainment being advertised or which misleads or misinforms the public as to the nature of the picture or entertainment to be exhibited.

  (d)   Hours of operation. No outdoor theater licensee shall permit any show, exhibition or entertainment to remain open to the public between the hours of 12:30 a.m. and 9:00 a.m., except by special permission from the county council.

  (e)   Minors. No owner, operator or employee of any outdoor theater shall knowingly permit any child under the age of fourteen (14) years to be admitted to any drive-in theater unless accompanied by and directly under the personal charge of his parent or other responsible person.

  (f)   Lotteries, etc. No owner, operator or employee of any outdoor theater shall maintain, operate or carry on any lottery, game of chance, game of skill, bank night, screeno, luck-o-game or any other game of similar nature or engage in any similar device or plan in connection with the operation of any outdoor theater; except, that this provision shall not be construed to prevent the promotion of good will by gratuitous presentations of gifts or articles of value to patrons selected by lot.

  (g)   Sanitary facilities. Adequate provision shall be made for sanitary needs of patrons as determined by the state board of health and the department and all other pertinent laws and ordinances.

  (h)   Dust. The parking and driving areas shall be so treated to prevent the creating of dust, either by chemical treatment or hard surfacing.

  (i)   Employees. The operator, owner or manager of an outdoor theater shall furnish the necessary employees for adequate policing of the outdoor theater so as to maintain order within the theater and to avoid confusion in the movement of cars in and out thereof.

  (j)   Exits, etc. Exits, aisles and passageways leading to them shall be kept adequately marked, either by lighting or reflecting lights, at all times when open to the public.

**Sec. 4-27. Loudspeakers.**

  Individual loudspeakers for each car shall be provided at all outdoor theaters. No central loudspeaker or public address system shall be permitted to be used between the hours of 8:00 p.m. and 9:00 a.m., except for emergency announcements of impending danger, such as fire, storm or similar dangers.

**Sec. 4-28. Sale of drinks, food, etc.**

  Soft drinks, food, confections or other articles of merchandise may be sold on the premises of an outdoor theater. Their sale shall be governed by the laws and ordinances pertaining to the sale of such merchandise and shall require the same license as if the sale were conducted elsewhere.

**Sec. 4-29. Violations of article.**

  Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than one hundred dollars ($100.00) or imprisonment for not more than six (6) months. Each day such violation continues shall be deemed a separate offense. In addition, the county may institute injunction, mandamus or other appropriate action or proceedings pursuant to section 2-95 to prevent the violation of this article.

#### Division 2. License.

**Sec. 4-30. Required; fee.**

  No person shall construct, operate or maintain an outdoor theater in the county without first obtaining a license from the director for which a fee of one thousand dollars ($1,000.00) per annum shall be charged.

**Sec. 4-31. Applications generally.**

  All applications for a license required by this division shall be made to the department on such form as shall be designated. Applications shall not be accepted for filing unless accompanied by a receipt of the director of finance showing payment to the county of a filing fee of fifty dollars ($50.00), or such other amount as may be established by regulation adopted by the county executive under method (3) of section 2A-15 of this Code, such fee to cover the cost of advertising in the newspaper and providing a transcript of the testimony at the hearing. No fee shall be refunded.

**Sec. 4-32. Posting of property by applicant.**

  Within five (5) days after acceptance for filing of an application for an outdoor theater license, the applicant shall erect a sign, to be furnished by the county, on the land proposed to be used as an outdoor theater.

  Such sign shall be erected by the applicant within ten (10) feet of whatever boundary line of such land abuts the most traveled public road or, if no public road abuts thereon, facing in such manner as may be most readily seen by the public. The bottom of the sign shall be not less than two and one-half (2 1/2) feet from the ground.

  The sign furnished by the department shall be of metal, shall have a height and width of not less than two (2) feet by three (3) feet respectively and shall bear conspicuously in lettering in black on a yellow background, not less than four (4) inches in height, the words:

APPLICATION   FOR OUTDOOR THEATER PERMIT

ON THIS PROPERTY.   Application No. _________________

  Date of Hearing _________________

  The blanks shall be filled in by inserting the assigned application number and the date set for the public hearing.

  If the land sought to be used lies within more than one (1) block as shown on a plat recorded in the land record of the county, then a sign shall be erected by the applicant on the land in each of such blocks.

  No sign shall be furnished by the department to the applicant unless the applicant has first delivered to the department a receipt of the director of finance showing payment to the county of a deposit of fifteen dollars ($15.00) for such sign. On return of the sign to the department by the applicant, as hereinafter provided, there shall be repaid to the applicant on order of the department twelve dollars and fifty cents ($12.50) of the amount of such deposit.

  If the applicant is a person other than the owner, his attorney, agent or other representative or a person who has contracted with the owner for the purchase of the land, or a person otherwise privy with the owner, and the applicant files an affidavit stating such fact and that the owner is unwilling to permit the posting of any such sign, then posting shall be made in such manner as the department shall direct.

  At the hearing it shall be the duty of the applicant to prove by affidavit that he has fully complied with this section and has continuously maintained the sign or other posting up to the time of the hearing.

  Any such sign or other posting shall be maintained at all times by the applicant until a decision on the application has been made public by the county council and then shall be removed by the applicant and, in case of a sign furnished by the department, returned by him within five (5) days thereafter.

  It shall be unlawful for any person to remove or tamper with such sign during the period it is required to be maintained under this section.

**Sec. 4-33. Applicant to file certain certificates with department.**

  The Director must not issue a license under this division unless the following certificates have been filed with the Department.  However, the following certificates are not required to renew a license unless the plans and specifications were materially altered after the initial license was issued.

  (a)   A certificate from the Department that the plans and specifications comply with the applicable building electrical and plumbing codes and any additional building, electrical, and plumbing regulations set out in this Article.

  (b)   A certificate from the fire marshal that the plans and specifications comply with the fire prevention code of the County and any additional fire regulations set out in this Article, and the fire protection standards, rules and regulations of the state and local board of health.

  (c)   A certificate from the Director of the Department stating that the plans and specifications are in compliance with the applicable standards, rules and regulations of the County and state boards of health and any additional standards set out in this Article.

  (d)   A certificate from the Department of Transportation that the traffic design will not impair the flow of traffic on public highways and that the entrance, exit, and parking of vehicles will not interfere with an orderly flow of traffic, in addition to any other requirements in this Article.

**Sec. 4-34. Hearing on application.**

  (a)   Generally; publication of notice. Upon accepting an application for filing under this division, the department shallset the application for a public hearing at a specified time and place and shall cause notice of the same to be published once a week for two (2) successive weeks in a newspaper of general circulation in the county, stating the applicant's name, the date of the hearing and the time, place thereof, the location of the property and such other information as the council may direct. There shall be at least a thirty-day interval between the last newspaper notice and the date of the hearing.

  (b)   Record; adjournments; rehearing. There shall be a complete stenographic transcript of the testimony at the hearing, and all exhibits offered will become a part of the record. All zoning maps and any sectional or district zoning plan, as well as any sectional or regional or district highway plan adopted by the commission for the general area of the property proposed to be used as an outdoor theater, shall be considered a part of the record whether actually submitted as an exhibit at the hearing or not. The hearing may be adjourned from time to time on a date certain on public announcement at the hearing.

**Sec. 4-35. Decision of council on application.**

  An application for an outdoor theater license shall be decided on its merits. The application shall either be approved, denied or dismissed or allowed to be withdrawn. A decision by the council shall be rendered within sixty (60) days after the hearing by the council, unless such time is extended. The hearing shall be conducted by the council or the council may by resolution authorize and appoint an administrative board, hearing examiner or the board of appeals to conduct the hearing and to make recommendation as to denial or approval and conditions therefor.

**Sec. 4-36. Denial generally.**

  The application for a license under this division shall be denied if the applicant fails to comply with any provision of this article or the premises do not conform to the requirements of this article.

**Sec. 4-37. Not to issue in violation of zoning regulations.**

  No license shall be issued under this division where it would be in violation of chapter 59 of this Code.

**Sec. 4-38. Not to issue for premises near residential school, etc., buildings.**

  No license shall be issued under this division so long as any building, driveway, parking lot or any other building or facility used in the operation of the outdoor theater is within five hundred (500) feet of any residential building or any building used for a hospital, sanitarium, public institution, church or school.

**Sec. 4-39. Transfer.**

  A license issued under this division shall not be transferable without approval of the director.

**Sec. 4-40. Renewal.**

  The license required by this division shall be renewed annually upon the payment of the prescribed fee in section 4-30 without further public hearings, unless it is revoked or suspended.

  Upon application for renewal of a previously issued license, the director shall make an investigation and inspection of the premises, and, if he finds that the provisions or intent of this article are not being complied with, he shall make a finding of the violations and refuse to renew the license. The director shall first serve on the applicant a copy of his finding listing the violations and give him an opportunity to correct the same or grant him a hearing to show cause why the license should be renewed. If the applicant fails to correct the violations or to appear within ten (10) days after notice of such finding is mailed to the applicant, the director shall refuse to renew the license.

**Sec. 4-41. Revocation or suspension.**

  (a)   The director may revoke or suspend any license issued under this division upon finding that the licensee is in violation of any provision of this article or any other state or county law pertaining to drive-in theaters.

  (b)   The director may revoke or suspend any license issued hereunder upon a finding that the establishment is being so operated as to constitute a nuisance by reason of noise or indecent or immoral activity on the part of guest, owner, operator or their employees.

  (c)   Any revocation or suspension under this section shall be by written notice, with an opportunity for a hearing as provided in section 4-40.

**Sec. 4-42. Appeals from decisions of council and director.**

  (a)   Any person aggrieved by the granting or denial of a license by the county council after public hearing under this division may appeal to the circuit court of the county for a review of such granting or denial.

  (b)   Any person aggrieved by the revocation or suspension or refusal to renew a license by the director may appeal to the county board of appeals. Such person shall file a written notice of appeal with the county board of appeals within twenty (20) days after notice by the director of the revocation or suspension or refusal to renew a license. Upon receiving such appeal, the county board of appeals shall hold a hearing thereon as soon as

practical. The county board of appeals shall either affirm, rescind or modify the action of the director. All actions, decisions and determinations of the director or the county board of appeals shall be made and taken only in accordance with the provisions of this division or any other applicable laws, ordinances or regulations, but nothing herein contained shall prevent recourse to a court of competent jurisdiction after a decision on such appeal.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 5. Animal Control.

### Article I. General Provisions.

**Sec. 5-101. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Alter: To castrate or perform an ovario-hysterectomy to make an animal physically incapable of reproducing.

  Animal: An animate being capable of voluntary movement, other than humans.  Specifically, a non-human species in the biological kingdom Animalia.

  Animal control officer: The Executive Director of the Office, or the Executive Director’s designee.

  Animal shelter: A facility owned or operated by, or under contract with, the County for the care, confinement, or detention of animals.

  Appropriate authority: For purposes of State law regarding animals, the Office, the Board, and any other agency or official designated by regulation.

  At large: A dog, except a service animal, is at large if it is outside the owner’s premises and not leashed, unless it is in a dog exercise area designated by either the Maryland-National Capital Park and Planning Commission or a municipality, or is participating in a qualified activity.  Any other animal is at large if it is outside the owner’s premises and is not leashed or immediately responsive to verbal or non- verbal direction.  For purposes of this Chapter or any other animal control law, the common area of a homeowners’ association, condominium, or cooperative is not the owner’s premises.

  Aviary: A place for keeping birds confined.

  Benevolent organization: A non-profit organization, registered with the Office, that cares for stray or homeless animals.

  Bite: Seizing or wounding with the teeth or mouth that causes pain or injury.  A minimal medical or cosmetic injury, such as a puncture or bruise or damaged clothing, must be shown as evidence of a bite.

  Board: The Animal Matters Hearing Board.

  Cage: An enclosure of limited space, enclosed on the bottom and on all 4 sides, in which animals are placed for any purpose, including confinement or display.

  Commercial enterprise: An establishment whose primary function is to sell products, services, or commodities.

  Commercial kennel: An establishment to sell animals or breed them for sale, or that provides boarding, grooming, or training for animals for a fee.  Commercial kennel does not include:

  (1)   an animal hospital maintained by a licensed veterinarian; or

  (2)   a fancier's kennel.

  Cross-tethering: A manner of securing an animal firmly by tying the animal from at least two different directions.

  Dangerous animal: A dangerous animal as defined in Section 5-202.

  Disposition: Adoption or other placement of a domestic animal, release of a wild animal into a suitable habitat, or humane euthanasia administered in a manner approved by the Office.

  Domestic animal: An animal of a tamed species commonly kept as pets or livestock.

  Dwelling: A building or portion of a building that provides complete living facilities for people, including facilities for cooking, sanitation, and sleeping.  Dwelling does not include a garage or extended structure separate from a house.

  Executive Director: The Executive Director of the Office or the Executive Director’s designee.

  Exotic animal: A non-native species kept as a pet or livestock, other than a rodent, rabbit or hare, or hoofed animal.

  Facility: A building or land, other than a veterinary hospital, for boarding, breeding, or care of domestic animals (except animals raised for agricultural purposes) for profit.

  Fancier: A person who owns or keeps 3 or more dogs or cats for noncommercial hunting, tracking, exhibition in shows, or field or obedience trials.  Fancier does not include a person who keeps:

  (1)   3 or more male dogs or cats primarily for commercial stud services; or

  (2)   3 or more female dogs or cats that each bear offspring more than once in a 12-month period.

  Fancier's kennel: A private kennel maintained by a fancier to keep or train dogs or cats.

  Groomer: An individual who provides bathing and haircutting of pets for compensation.

  Guard dog: A dog trained to protect persons or property or to attack on command.  Guard dog includes a dog serving a law enforcement agency, unless otherwise indicated. See Section 5-202(h).

  Harbor: To provide food or shelter to an animal.

  Health Officer: The County Health Officer or the Officer's designee.

  Healthful: Hygienic conditions that maintain health and prevent disease in a particular species of animal.

  Keeper: A person who maintains a facility regulated by this Chapter.

  Livestock: Horses, cattle, sheep, goats, swine; domesticated rabbits and hares; commercially raised fur-bearing animals; and similar animals.

  Mammal: An animal of any species of higher vertebrates that nourish their young with milk secreted by mammary glands and have skin covered with hair.

  Non-commercial kennel: A building or land for boarding, breeding, or care of domestic animals that belong to the owner of the building or land and are kept for show or hunting, or as pets.  Non- commercial kennel does not include an equestrian facility.

  Obedience trained: An animal trained to heel on and off a leash and obey commands to come to its owner, sit, lie, and stand until further command. Heel means to move along at the heels of a person controlling the animal.

  Office: The Office of Animal Services.

  Owner: A person who, regardless of whether the person has legal title to the animal:

  (1)   temporarily or permanently harbors or controls an animal;

  (2)   has a property right in an animal; or

  (3)   allows a person under 18 years old to harbor or control an animal.

  Owner does not include a veterinary hospital, commercial kennel, or pet shop (regarding an animal being treated, boarded, or offered for sale, respectively), or an employee of these enterprises unless otherwise indicated in this Chapter.

  Pet shop: A commercial enterprise that offers for sale any species of live animal. Pet shop does not include an enterprise that offers only livestock for sale.

  Potentially dangerous animal: A potentially dangerous animal as defined in Section 5-202.

  Provocation: An animal’s behavior is provoked if the behavior is:

  (1)   in response to current or previous tormenting, teasing, abuse, threat, or assault by a person or animal;

  (2)   in response to pain or injury;

  (3)   to protect the animal, its offspring, or other animals in the same household; or

  (4)   directed against a person who is:

    (A)   not lawfully present where the action or behavior occurs:

    (B)   injuring, threatening, or endangering the animal’s owner or another person in the vicinity; or

    (C)   damaging or unlawfully entering the property, household, or enclosure where the animal is harbored.

  Public nuisance: A condition or repeated behavior that unreasonably interferes with or harms public health, safety, or peace.  Public nuisance includes the conditions or repeated behaviors described in Section 5-203(b).

  Qualified activity: A legal, supervised animal activity using humane practices, such as hunting, chasing, obedience or agility training, herding, tracking, or search and rescue.

  Riding school or stable: An equestrian facility, as defined in Section 59-A-2.1.

  Rodent-proof: Resistant to the entry, feeding, harboring, or breeding of rodents.

  Sanitary: A condition of good order and cleanliness that reduces the spread of disease.

  Service animal: Any guide or signal dog or other animal trained to work or perform tasks for a person with a disability, including guiding a person with impaired vision, alerting a person with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items, or any dog used by the Department of Police, Sheriff’s Office, Fire and Rescue Service, Office of Emergency Management and Homeland Security, or any federal or state law enforcement or search and rescue agency.

  Species: A biological classification more specific than a genus or subgenus, describing related animals with common attributes capable of interbreeding.

  Stray animal: An animal whose owner cannot be identified.

  Trainer: An individual who provides animal behavior modification services or classes for a fee.

  Unwanted contact: An animal’s unwelcome or unsolicited threatening physical contact or close proximity to a person or a domesticated animal that occurs outside of an owner’s property and causes alarm in a reasonable person, such as biting, chasing, tracking, inhibiting movement, or jumping.

  Wild animal: An animal of a species of an untamable disposition, a species in a state of nature, or a native self-sustaining species.  All animals of these species are wild animals even if a particular animal has characteristics that reflect domestication or taming.

**Sec. 5-102. Administration.**

  (a)   Office duties.  The Office administers this Chapter.

    (1)   The Office must:

      (A)   provide an animal shelter program;

      (B)   assist and cooperate with the Health Officer and State officials in carrying out an anti-rabies program, including vaccination of dogs, cats, and ferrets, as required by State law and this Chapter;

      (C)   carry out a program to license dogs and cats, as required by State law and this Chapter;

      (D)   provide education programs regarding the humane treatment of animals;

      (E)   provide wildlife management; and

      (F)   provide a spay-neuter program.

    (2)   The Office may provide other services and programs to promote the humane treatment of animals and protect public health and welfare from animal-related hazards.

  (b)   Executive Director.  The Executive Director of the Office must:

    (1)    maintain records of any license issued under this Chapter for an animal or facility;

    (2)   supervise any animal shelter;

    (3)   maintain permanent records of:

      (A)   animals impounded or otherwise harbored by an animal shelter;

      (B)   animals inoculated against rabies; and

      (C)   all animal bites or other attacks in the County;

    (4)   collect and dispose of any dead wild, domestic, or exotic animal the size of an opossum or larger, found on a County road or other County property (and may do the same for this type of animal found on other property) and must recover from any identifiable owner of the animal a collection and disposal fee; and

    (5)   enforce this Chapter and, concurrently with other authorized County officials, Chapter 31B (Noise Control) for a noise disturbance by an animal.

  (c)   Animal shelter.  The County must, directly or by contract, maintain and operate an animal shelter or other place of confinement.  The shelter must remove, harbor, care for, and dispose of any animal that the Office finds is abused, homeless, unwanted, abandoned, or neglected, or threatens the health, safety, peace, or security of the public.

  (d)   Care of animals.  The County may contract with veterinarians or animal hospitals to care for injured or diseased animals whose owners are unknown, that the County or its agents collect, or that any person brings to the animal shelter.

  (e)   Enforcement of animal control laws. To the extent allowed by State law, the Office may enforce any State animal control law and any law under this Chapter.  A reference in a State animal control law to the “appropriate authority” (or any similar term) in the County means the Office and any other County agency designated by regulation adopted under Method (3).

**Sec. 5-103. Regulations.**

  The County Executive may adopt regulations to implement this Chapter under method (2) or another method specified in this Chapter.  The Executive may establish fees under this Chapter by regulation adopted under method (3).

**Sec. 5-104. Animal Matters Hearing Board.**

  (a)   Jurisdiction.

    (1)   As provided in this Chapter, the Animal Matters Hearing Board has jurisdiction to hear:

      (A)   original complaints involving allegations of violations of this Chapter or a violation of the terms of an adoption agreement; and

      (B)   appeals from any decision or order of the Executive Director.

    (2)   The Board must not enter an order that conflicts with a decision of the County Circuit or District Court.

    (3)   The Board must not hear a complaint or an appeal involving the seizure of an animal if the owner has been arrested and charged with violating any provision of Title 10, Subtitle 6 of the Criminal Law Article or Section 21-1004.1 of the Transportation Article of the Maryland Code until the charges have been finally resolved by the court with jurisdiction.

  (b)   Complaints.  A person may file a complaint with the Board alleging a violation of this Chapter or a violation of an animal shelter adoption contract.  A complaint must be filed within one year after the alleged violation occurred.

  (c)   Membership.

    (1)   The Animal Matters Hearing Board consists of 7 members appointed by the County Executive and confirmed by the County Council.  The Board must include:

      (A)   a representative of licensed animal fanciers;

      (B)   a representative of the County Humane Society; and

      (C)   5 public members.

    (2)   The Executive may remove a member who misses three meetings during a fiscal year without permission of the Chair.

    (3)   Each member serves for 3 years or until a successor takes office, whichever is later.  A person appointed to fill a vacancy fills the remainder of the predecessor’s term.

    (4)   The Board must elect a Chair each year from among its members.

  (d)   Duties.  The Board must:

    (1)   decide complaints and appeals under this Chapter, including complaints alleging a violation of an animal shelter adoption contract;

    (2)   recommend standards to maintain regulated facilities; and

    (3)   report annually to the Executive and Council on the Board’s activities and any recommendations for improving animal control laws, regulations, and programs.

  (e)   Authority.  The Board may:

    (1)   Order the Executive Director to seize, impound, destroy, or take any other action the Board decides is necessary regarding an animal that is suffering cruelty, dangerous or potentially dangerous, or causing a public nuisance or other violation of this Chapter.

    (2)   Specify conditions under which an owner may keep an animal that the Board finds has suffered cruelty, is dangerous or potentially dangerous, or caused a public nuisance or other violation of this Chapter.

    (3)   Require an owner to forfeit an animal to the County or prohibit the owner from harboring an animal in the County.

    (4)   Impose conditions on an owner harboring other animals in the County.

    (5)   Revoke or suspend a facility’s license for a violation of this Chapter.

    (6)   Appoint a person to mediate a case if the owner and each complainant (which may include the Office) agree.  A consent order resulting from mediation is an order of the Board.  If the mediator or the Board finds that the parties are not likely to agree to a mediated consent order within a reasonable time, the Board must decide the case.

    (7)   Order the owner of an animal to pay actual damages (including medical or veterinary expenses) not exceeding $1,000 to a person injured or aggrieved by the animal’s actions or behavior.  This limit applies separately to each incident resulting in a violation of an animal control law.

    (8)   In a case based on a complaint or appeal, the Board, in addition to ordering the payment of damages, may order the losing party to pay filing fees or other reasonable hearing-related expenses.

  (f)   Procedures.  Hearings on Original Complaints.

    (1)   The Administrative Procedures Act (Chapter 2A) applies to the Board’s hearings and decisions, unless otherwise expressly provided in this Chapter.  The Board may issue procedural rules to implement this subsection.  The Board may hold an emergency hearing under Section 2A-9.

    (2)   Except as provided in Section 2A-9, the Board must provide notice of any hearing to the parties at least 15 days before the hearing.  The parties may agree to a shorter notice period.  The Board may provide notice by first class mail, which is effective 3 days after the notice is placed in the mail, postage prepaid, to the last known address of the person to whom the notice is addressed.

  (g)   Fee. The Executive may set by regulation a fee for filing a complaint with the Board.  The filer must pay the fee to the Office.  The Board or the Animal Control Officer may waive the filing fee in response to a written request.  If the parties agree to a consent order after mediation, the Board may refund the filing fee.

  (h)   Support.  The Chief Administrative Officer must provide the services and County facilities that are reasonably necessary for the Board to perform its duties.  The County Attorney must provide legal counsel to the Board.  The Chief Administrative Officer may employ or retain a veterinarian to furnish technical expertise as the Board  needs.

**Sec. 5-105. Animal Services Advisory Committee.**

  (a)   Definitions. In this Section the following words have the meanings indicated:

  Animal means as defined in Section 5-101.

  Committee means the Animal Services Advisory Committee.

  Office means the Office of Animal Services.

  (b)   Established. There is an Animal Services Advisory Committee. The Executive must appoint the members of the Committee subject to confirmation by the Council.

  (c)   Composition and terms of members.

    (1)   The Committee has 11 voting members and 3 ex officio non-voting members.

    (2)   The Executive should appoint:

      (A)   1 licensed veterinarian with pet and wildlife experience;

      (B)   1 person with expertise in animal or pet behavior;

      (C)   1 person with experience in recruiting, training, and retaining volunteers;

      (D)   1 person designated by the Montgomery County Partners for Animal Well-Being (MCPAW) or a similar organization operating in the County if MCPAW is no longer operating in the County;

      (E)   1 person designated by the Second Chance Wildlife Center or a similar organization operating in the County if Second Chance Wildlife Center is no longer operating in the County;

      (F)   1 person representing a non-profit organization that provides animal fostering services in the County;

      (G)   1 person representing the Montgomery County Cat Coalition or a similar organization for feral cats if the Montgomery County Cat Coalition is no longer operating in the County;

      (H)   1 person representing Friends of Montgomery County Animals (FMCA) or a similar organization operating in the County;

      (I)   1 person representing an animal rescue organization operating in the County; and

      (J)   2 public members who live or work in the County.

    (3)   Ex officio non-voting members. The Executive must appoint the following ex officio members:

      (A)   the Director of the Office or the Director’s designee;

      (B)   the lead veterinarian for the Office; and

      (C)   the budget operations manager for the Office.

    (4)   The term of each member is 3 years. After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

  (d)   Voting, officers, meetings, and compensation.

    (1)   Except the ex officio members, all members of the Committee are voting members.

    (2)   The Committee must elect a Chair and Vice-Chair from among its voting members.

    (3)   The Committee meets at the call of the Chair. The Committee must meet as often as necessary to perform its duties, but not less than 6 times each year.

    (4)   A member must serve without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (e)   Duties. The Committee must work with the Office to advise the Executive and the Council on issues and recommendations for:

    (1)   animal care and welfare;

    (2)   animal rescue;

    (3)   animal fostering and adoption;

    (4)   control of the animal population;

    (5)   animal bite prevention;

    (6)   zoonotic disease transmission;

    (7)   educating the public on safely coexisting with wildlife;

    (8)   best practices for animal shelters;

    (9)   recruiting volunteers for the County animal shelter; and

    (10)   the operation of the Office.

  (f)   Requests for information. The Office must respond to Committee requests for information within 30 days after the Office receives the request.

  (g)   Annual Report. By July 1 each year, the Committee must submit to the Executive and the Council an annual report on its functions, activities, accomplishments, plans, and objectives.

  (h)   Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (i)   Staff. The Director of the Office must provide appropriate staff to the Committee.

### Article Ii. Prohibited Conduct.

**Sec. 5-201. Cruelty.**

  (a)    Violation. A person must not violate State laws against cruelty to animals, such as by:

    (1)   violating general prohibitions against cruelty (Md. Code, Criminal Law Article Title 10, Subtitle 6);

    (2)   killing a dog or cat by an inhumane method (Md. Code, Criminal Law Article § 10-611);

    (3)   abandoning a domestic animal (Md. Code, Criminal Law Article § 10-612);

    (4)   giving away animals under certain circumstances (Md. Code, Criminal Law Article § 10-610);

    (5)   selling or importing certain puppies and kittens (Md. Code, Criminal Law Article § 10-613);

    (6)   selling or coloring a chick (Md. Code, Criminal Law Article, § 10-614);

    (7)   injuring certain horses (Md. Code, Criminal Law Article § 10-620);

    (8)   killing or trapping a carrier pigeon (Md. Code, Criminal Law Article § 10-622);

    (9)   poisoning a dog (Md. Code, Criminal Law Article § 10-618);

    (10)   abuse or neglect of an animal (Md. Code, Criminal Law Article, § 10-604);

    (11)   aggravated cruelty to animals, in general, (Md. Code, Criminal Law Article, § 10-606);

    (12)   failing to take actions required for the driver of a motor vehicle that hits and injures an animal (Md. Code, Transportation Article, § 20-106); or

    (13)   leaving a cat or dog in a vehicle under certain circumstances (Md. Code, Transportation Article, § 21-1004.1).

  (b)   Regulations. The County Executive may issue regulations, consistent with State law, to interpret and implement State anti-cruelty laws in the County.

**Sec. 5-202. Dangerous and potentially dangerous animals.**

  (a)   Violation.

    (1)   Except as provided in subsection (h), a person must not import, sell, trade, buy, barter, breed, raise, keep, or possess:

      (A)   a wild animal; or

      (B)   any animal that the County or any other jurisdiction finds is dangerous or a threat to public health or safety, including types of animals excluded from State law prohibitions on dangerous animals.

    (2)   An animal is dangerous if the animal is:

      (A)   a “dangerous dog” as defined in Md. Code, Criminal Law Article § 10-619;

      (B)   any other animal that, without provocation , has killed or severely injured a person;

      (C)   an animal that poses a physical threat to humans because of specific training or demonstrated behavior, or because the animal's bite is poisonous; or

      (D)   a potentially dangerous animal that:

        (i)   bites a person without provocation;

        (ii)   attacks a person or animal without provocation; or

        (iii)   kills or severely injures a domestic animal outside the property of the potentially dangerous animal's owner.

    (3)   An animal is potentially dangerous if:

      (A)   the animal:

        (i)   bites a person without provocation;

        (ii)   kills or severely injures a domestic animal outside the attacking- animal owner’s property;

        (iii)   attacks or has unwanted contact with a person or animal without provocation; or

        (iv)   was declared by the County or another jurisdiction as potentially dangerous (even if the other jurisdiction uses a different term); and

      (B)   the Office notifies the owner that the animal is potentially dangerous.

      An animal's actions in a qualified activity do not make the animal potentially dangerous.

  (b)   Declared dangerous or potentially dangerous elsewhere. An owner of an animal declared dangerous or potentially dangerous in another jurisdiction must remove the animal from the County within 10 days after receiving a citation or other notice of a violation of this Chapter unless the Executive Director waives this requirement and imposes conditions or restrictions under subsection (d) for the animal to remain in the County.

  (c)   Limited waiver.  The Executive Director may waive the prohibitions of subsections (a) or (b) for a specific animal only if the Executive Director finds that the animal is not a threat to public health or safety.

  (d)   Confinement and microchipping.  The Executive Director or the Board may impose any restriction or condition, including confinement or microchipping the animal, on the owner of a dangerous or potentially dangerous animal that is reasonably expected to protect the public health or safety.  A person must not release the animal from confinement unless the animal is:

    (1)   securely muzzled in a manner approved by the Office;

    (2)   leashed; and

    (3)   under the control of a person who is at least 18 years old and is physically able to restrain the animal.

  (e)   When a potentially dangerous animal is off the owner’s premises or property it must be:

    (1)   on a leash or harness; and

    (2)   under the control of a person who is at least 18 years old and is physically able to restrain the animal.

  (f)   Guard dogs. An owner of a guard dog must:

    (1)   confine the dog as described in subsection (c);

    (2)   transport the dog only in a humane, escape-proof manner;

    (3)   ensure that the dog always wears a tag identifying the owner's name, address, and emergency phone number;

    (4)   tell the Department of Police and the Fire Department the location of a working guard dog before placing the animal in service and provide emergency contact information about the owner; and

    (5)   on demand by an animal control officer, produce the dog for examination by a specific veterinarian at the owner's expense.

  (g)   Licensing records.  The Executive Director must indicate in the licensing records whether a licensed animal is dangerous, potentially dangerous, or a guard dog.

  (h)   Exceptions.

    (1)   A dog serving a law enforcement agency is not a dangerous or potentially dangerous animal or a guard dog under this Section.

    (2)   Animals in the possession of an animal sanctuary are not dangerous or potentially dangerous animals if the animal sanctuary:

      (A)   is a nonprofit organization qualified under §501(c)(3) of the Internal Revenue Code;

      (B)   operates a place of refuge for abused, neglected, impounded, abandoned, orphaned, or displaced wildlife; and

      (C)   does not conduct commercial activity with respect to any animal of which the organization is an owner.

    (3)   Wild animals do not include kangaroos, wallabies, or sugar gliders.

**Sec. 5-203. Public nuisance and other violations.**

  (a)    Violation.  An owner must not:

    (1)   Allow an animal other than an altered cat to be at large.  An animal that is participating in a qualified activity is not at large unless the animal leaves the activity.

    (2)   Allow an animal to damage or defecate on property outside the owner’s property.  An animal may defecate on public property or the common area of property in which the owner shares an interest if the owner immediately removes and disposes of the feces by a sanitary method approved by the Office.  This paragraph does not affect any right of a common ownership community to regulate or ban animals from the community’s property.

    (3)   Allow an animal to enter private property without the property owner's permission.  The property owner may capture the trespassing animal humanely and promptly notify animal control or other appropriate law enforcement authorities, or humanely transport the animal to an animal shelter.

    (4)   Allow a female dog or cat in heat to be outside a building or other secure enclosure that prevents attraction of other animals.

    (5)   Allow an animal to cause an unsanitary, dangerous, or offensive condition because of the size or number of animals in a single location or because a facility is not appropriate for the animal or properly maintained.

    (6)   Allow an animal to cause noise that is loud and persistent enough to disturb another person's quiet enjoyment.

    (7)   Allow a dog to be on public school grounds on a day when school is in session, or in a public recreation area during an organized activity, unless the dog is controlled by a leash or similar restraining device.  This paragraph does not apply to a dog participating in a qualified activity if the agency controlling the school or area gave permission to the owner of the dog or the sponsor of the qualified activity.

    (8)   Allow a domestic or exotic bird, including a homing pigeon, to be in an aviary within 100 feet of any structure owned or leased by another person and used for human habitation or work.  This paragraph does not apply to a bird:

      (A)   other than a homing pigeon, inside the owner's dwelling;

      (B)   in a pet shop;

      (C)   in an Agricultural or Rural Residential zone as defined in Chapter 59; or

      (D)   in a market for less than 24 hours for sale for human consumption.

    (9)   Refuse or fail to obtain a license for a dog, cat, or ferret as required by State law or this Chapter.

    (10)   Allow an animal to act in any other way that the Executive Director, the Board, or an animal control officer finds would cause any other public nuisance established by regulation.  An action prohibited by the regulation is a violation even if the action does not qualify as a public nuisance because the owner has not received notice described in subsection (b)(1).

    (11)   sell, trade, or give a domesticated animal to another person at a place open to the public, except a business licensed to sell animals under Section 5-404.

  (b)   Public nuisance. An owner must not allow an animal to create a public nuisance by:

    (1)   behavior described in subsections (a)(1), (2), (3), (4), (6), (8), (9), or (10) occurring after the owner received notice from the County in any form (such as an oral warning from an Office employee) of a violation because of the same behavior; or

    (2)   any behavior described in subsections (a)(5) or (7).

  (c)   An owner must prevent the owner’s animal from having unwanted contact with a person or another domesticated animal at all times.

**Sec. 5-204. Traveling Animal Act - Prohibited.**

  (a)   Definitions. In this section, the following words have the meanings indicated:

    (1)   Exhibition means an act, circus, ride, or similar undertaking in which a wild animal is required to perform tricks, give rides, or participate as accompaniments for the entertainment, amusement, or benefit of any live audience.

    (2)   Mobile or traveling housing facility means a transporting vehicle such as a heavy commercial vehicle as defined by Section 59.1.4.2, trailer, or railway car, used to move or house wild animals.

    (3)   Traveling animal act means the exhibition of a wild animal where the animal is transported to, from, or between locations for exhibition, in a mobile or traveling housing facility.

    (4)   Wild animal means all animals classified in the following orders or families except the species noted:

      (A)   non-human primates and prosimians;

      (B)   felidae, except domestic cats;

      (C)   canidae, except domestic dogs;

      (D)   ursidae;

      (E)   marsupialia;

      (F)   proboscidea;

      (G)   crocodilia;

      (H)   artiodactyla, except domestic cattle, bison, American buffalo, water buffalo, yak, zebu, gayal, bali cattle, suidae, sheep, goats, llamas, or alpacas;

      (I)   perissodactyla, except domestic horses, ponies, donkeys, or mules;

      (J)   elasmobranchii; and

      (K)   pinnipedia.

  (b)   Prohibition. A person or business must not charge guests or visitors a fee to attend the exhibition of a wild animal in a traveling animal act.

  (c)   Any activity, including agriculture and farming uses defined by Chapter 59, that uses animals other than those identified as wild under Subsection 5-204(a)(4) is exempt from the prohibition in Subsection 5-204(b).

  (d)   Regulations. The County Executive may issue regulations under Method (2), to interpret and enforce this subsection.

### Article Iii. Enforcement, Penalties, and Appeals.

**Sec. 5-301. General provisions.**

  (a)   Who may enforce. The Executive Director, an animal control officer, the Board, and any other person authorized by regulation issued under method (2) may enforce an animal control law.  In this Article, an “animal control law” includes a State animal control law, this Chapter, and, for noise from an animal source, Chapter 31B.

  (b)   Forms of enforcement. The Executive Director or an animal control officer may enforce an animal control law by issuing a citation or other lawful order.  To exercise its authority, the Board must issue a written order that explains the factual and legal basis for the order.

  (c)   Types of enforcement.

    (1)   Except as provided in paragraph (2), the Executive Director or an animal control officer may, to enforce an animal control law or protect the health or safety of an animal, a person, or the public:

      (A)   seize, impound, and dispose of an animal; or

      (B)   take any other action necessary or order an owner to take any other action necessary to enforce the law, including ordering that a microchip be inserted into an animal.

    (2)   The Executive Director or an animal control officer must not destroy an animal under paragraph (1) unless:

      (A)   the Board has ordered the animal to be destroyed; or

      (B)   the Executive Director, an animal control officer, or the Board finds that destruction of the animal is necessary to prevent an immediate threat to public health or safety.  If an owner requests a hearing within 5 days after the County notifies the owner of any action under this paragraph, the Board must hold a hearing after the fact on the action and may order the County to reimburse the owner for the resale value of the animal if the action was not justified; or

      (C)   after 5 days, the owner has not filed an appeal to the Board.

    (3)   A citation or order may require an owner to act or refrain from acting to prevent or stop a violation of an animal control law.

  (d)   Warrants. An animal control officer may enforce an animal control law by searching private property and seizing evidence or animals, under State law or a warrant issued by a court.

  (e)   Interference with enforcement.  A person must not interfere or attempt to interfere with any County officer, employee, or agent enforcing an animal control law.

  (f)   Failure to follow or appeal an order. An owner who, without justification, does not follow or appeal a legal order issued under this Chapter has abandoned and forfeited to the County any animal that is the subject of the order.

  (g)   Concealing ownership. A person must not conceal or falsely deny ownership of an animal to any person authorized to enforce an animal control law.

  (h)   Board order to take action.  As a result of an adjudication of a complaint or appeal, the Board may order the Executive Director or an animal control officer to take an action described in paragraph (c)(1).

**Sec. 5-302. Special enforcement provisions regarding specific offenses.**

  (a)   Dangerous or potentially dangerous animals.

    (1)   An animal control officer immediately may seize, impound, and humanely euthanize, at the owner’s expense, an animal that the Executive Director, an animal control officer, or the Board finds is dangerous or potentially dangerous and poses an immediate threat to public health or safety.

    (2)   If the animal poses no immediate threat, the owner may, within 5 days after the County notifies the owner about the violation, appeal the violation or action to the Board and request a hearing. The County must not dispose of the animal during the 5-day period for filing an appeal, or while an appeal is pending.

  (b)   Public nuisance and other violations. The Board, the Executive Director, or an animal control officer may order any action necessary to abate a public nuisance or any other violation of Section 5-203.

**Sec. 5-303. Impoundment.**

  (a)   Generally. The Executive Director, an animal control officer, or the Board may enforce an animal control law or protect the health or safety of a person, an animal, or the public by impounding (or for the Board, ordering the Executive Director to impound) an animal at an animal shelter or other facility approved by the Executive Director.

  (b)   Notice of impoundment. The Executive Director promptly must make a reasonable effort to locate and notify the owner of an impounded animal. The notice must inform the owner of applicable requirements of this Chapter, including the requirement in subsection (c) to pay in advance for the animal’s care and the opportunity to request a waiver of the prepayment requirement under subsection (c)(7).  The Executive Director may notify the owner by first class mail to the owner’s last known address or by posting on the door of the residence of the owner. If the Executive Director cannot locate the owner, notice may include publishing a notice in a newspaper of general circulation in the County or on the County Animal Services and Adoption Center website.

  (c)   Prepayment for care.

    (1)   The animal’s owner must prepay any boarding costs before and during any appeal to the Board, unless waived or modified as provided in this Chapter. Within 5 days after receiving notice that an animal was impounded under any provision of this Chapter, the animal’s owner must pay to the County the estimated cost of caring for the animal for the 30-day period beginning on the date the animal was impounded.  The Executive Director must estimate the cost, which must include the cost of food, veterinary care, and other necessities that a responsible owner would provide for the animal and may include other costs, such as pro rata staffing and administrative expenses, allowed by regulation.  The owner must pay in cash or by another method acceptable to the Division.

    (2)   If the animal remains impounded at the end of a 30-day period, the owner must, within 3 days after that 30-day period ends:

      (A)   pay any difference between the estimated and actual cost of care; and

      (B)   prepay the estimated cost of 30 additional days of care.

    (3)   The Executive Director may:

      (A)   revise the estimated cost of care for each 30-day period to improve the accuracy of the estimate; and

      (B)   apply any previous payment for that animal that exceeds the actual cost of care to the next 30-day period.

    (4)

      (A)   The County must refund to the owner, within 10 business days after:

        (i)   the end of the impoundment, any payment from the owner that exceeds the actual cost of care, including any payment for a day that the County did not care for the animal; or

        (ii)   the final judgment of a court holding that the County seized and impounded the animal illegally, all payments from the owner.

      (B)   If the actual cost of care exceeds the total estimated payments, the owner must pay the difference under Section 5-304(b) and (c).

    (5)   If the owner does not comply with this Section at any time, the animal must be treated as abandoned and becomes the property of the County.

    (6)   The prepayment requirement in this Section does not apply to an animal impounded as a stray in violation of Section 5-203(a)(1) unless the animal also is impounded for any other violation of this Chapter.

    (7)   The Executive Director may waive or modify the prepayment required under this subsection (such as by requiring weekly prepayments) if the owner provides evidence that prepayment for 30 days of care would be a serious financial hardship to the owner.

  (d)   Multiple impoundments.

    (1)   If an unaltered dog or cat is impounded 2 or more times, the owner must have the animal altered at the owner’s expense within 30 days after the animal is released from impoundment or surrender the animal to the Executive Director unless:

      (A)   the owner appeals to the Board within 10 days after the date of the second violation; and

      (B)   the Board after a hearing waives this requirement or orders other action.

    (2)   The Executive Director must not allow an owner to redeem an animal impounded less than 12 months after the animal was released from a previous impoundment, unless the owner has successfully appealed any citation arising out of the prior impoundment, until the Executive Director has issued:

      (A)   a citation for the current violation; and

      (B)   an order designed to prevent future violations.

  (e)   Stray animals. Animals found at large without a license, tag, or other indication of ownership will be impounded under Section 5-303. Stray animals must be confined for a period of not less than 3 days.

**Sec. 5-304. Disposition.**

  (a)   Types of disposition.  An animal impounded by the Office may be:

    (1)   redeemed by an owner under certain circumstances;

    (2)   placed for adoption if abandoned;

    (3)   set loose in a suitable habitat if wild; or

    (4)   humanely euthanized in a manner approved by the Office.

  (b)   Redemption. The owner of an impounded animal may redeem the animal if:

    (1)   the owner pays impoundment and boarding fees, including the costs of caring for the animal, transporting livestock, or removing an animal from a tree or other location to protect the health or safety of humans or the animal;

    (2)   the owner pays a field service fee, if a County employee or contractor brought the animal to a shelter or other facility;

    (3)   the owner shows proof of legal title to the animal;

    (4)   the animal is licensed;

    (5)   the Executive Director approves or the Board orders the redemption, and the owner complies with any conditions for redemption; and

    (6)   redemption is not prohibited by another animal control law.

  (c)   Fees. The owner must pay any fees described in subsection (b) even if the owner does not redeem the animal.  Failure to pay within 30 days after any fee becomes due is a Class B civil violation.

  (d)   Release or adoption prohibited.  The Executive Director must not:

    (1)   release an animal impounded under a Board order unless a Board order allows redemption; or

    (2)   place for adoption an animal that has not been abandoned unless the owner consents.

  (e)   Dangerous or nuisance animals.  The Executive Director or any other person must not sell, release, or place for adoption an animal that an animal control officer found is dangerous or potentially dangerous, would cause a public nuisance or other violation, or has rabies or an incurable communicable disease, unless the Executive Director finds the action is safe.

  (f)   Failure to redeem. Unless otherwise ordered by the Board, an impounded animal is considered abandoned and becomes County property if the animal is not redeemed by its owner within 5 days after the Executive Director notifies the owner about the impoundment under Section 5-303(b).

  (g)   Adoption.  The Executive Director may place an abandoned animal for adoption as a pet unless the Board or the Executive Director decides adoption of the animal is not in the best interest of public health or safety.  A dog or cat placed for adoption must be altered by a licensed veterinarian, at the expense of the person adopting the animal, within a time specified by the Executive Director.  The Executive Director must set the deadline for altering based on the animal’s age, sex, and health, but the deadline must be within 3 months after the adoption.  If the owner of an adopted animal does not alter the animal by the deadline, the owner must return the animal to the animal shelter.

  (h)   Humane euthanasia. The County may dispose of an animal by humane euthanasia under regulations issued with the advice of a licensed veterinarian.  The County must not dispose of an animal for commercial or experimental purposes.  A licensed veterinarian periodically must review whether the County implements these procedures humanely.

  (i)   Release defined. In this Section, release means to allow an owner to redeem an impounded animal.

**Sec. 5-305. Penalties.**

  (a)    General penalty. Unless otherwise provided in this Chapter or State law, a violation of this Chapter is a Class B violation.  For any penalty under this Chapter, each day the violation continues, and each paragraph of Section 5-203(a), is a separate violation.  A person convicted of violating a State animal control or anti-cruelty law is not subject to civil penalties for violating County law based on the same prohibited acts or omissions.

  (b)   Violation of an order of the Board. A violation of an order issued by the Board is a Class A civil violation.  Each day the violation continues is a separate violation.

  (c)   Penalties. A violation of:

    (1)   Section 5-201 is a Class A civil violation for which the penalty must not exceed the maximum penalty allowed by State law for the equivalent offense under State law;

    (2)   Section 5-202 is a Class A violation;

    (3)   any paragraph of Section 5-203(a) that is not also a violation of Section 5-203(b) is a Class B violation; and

    (4)   Section 5-203(b) and 5-203(c) are Class A violations; and

    (5)   Section 5-402(c) is a Class A violation.

**Sec. 5-306. Appeal to the Board.**

  (a)   Time for noting appeal. Except as provided in Section 5-104(a), a person aggrieved by a decision of the Executive Director or an animal control officer may appeal the decision to the Board within 5 days after the Executive Director or the animal control officer notifies the owner about the decision.  The Executive Director or animal control officer must not dispose of the animal during the 5-day period for filing an appeal, or while an appeal is pending, unless authorized to do so under this Chapter.

  (b)   Burden of production.  Notwithstanding the provisions of Section 2A-8(d), the Appellant has the burden of going forward with the production of evidence before the Board.

  (c)   Filing fee.  In addition to any other requirement imposed by this Section, the owner appealing a decision of the Executive Director or an animal control officer must pay a filing fee established by executive regulation.  The Board or the Executive Director may waive the filing fee in response to an appellant’s request.

  (d)   Board’s decision.  The Board may modify a decision of the Executive Director or an animal control officer only if the appellant proves by a preponderance of the evidence that the decision was arbitrary, illegal, or not based on substantial evidence.  The Board must issue a written opinion explaining the factual and legal basis for its decision.

  (e)   Boarding of animal – pending Board decision.  If the owner timely appeals an impoundment or seizure, the owner may also seek review of the Executive Director’s determination of boarding costs by filing an appeal with the Chief Administrative Officer within 5 days after the Executive Director issues a demand for prepayment.  The Chief Administrative Officer, or a designee, must review the Executive Director’s decision within 2 business days after receiving the appeal.  The owner must provide the Chief Administrative Officer with information sufficient to show that requiring prepayment of boarding costs would be a serious financial hardship on the owner.  The Chief Administrative Officer may ask the owner to provide additional information at an informal hearing conducted in person or by telephone.  The Office must not require the owner to prepay any boarding costs pending the Chief Administrative Officer’s decision.  The Chief Administrative Officer may make any decision the Executive Director could have made such as requiring the owner to prepay boarding costs retroactive to the initial boarding date of the animal, posting a bond, or placing the animal in a suitable facility at the owner’s sole expense.  The owner may ask the Board to review the Chief Administrative Officer’s decision regarding prepayment of boarding costs as part of its review of the underlying appeal.

  (f)   Boarding of animal – after Board decision.  The owner must pay any boarding costs for the animal before and during any appeals, or if the Board allows, post a bond to pay these expenses if the owner does not prevail in the appeal.

  (g)   If the owner does not meet the requirements of this Section, including any requirement to prepay boarding costs, the animal must be treated as abandoned and becomes the County’s property.

**Sec. 5-307. Appeal from the Board.**

  A party aggrieved by an order of the Board may appeal the order under Section 2A-11 within 10 days after the Board issues the order.

### Article Iv. Licensing and Health.

**Sec. 5-401. Dog and cat licenses.**

  (a)   The Executive Director must implement the State dog licensing laws that apply in the County (Md. Code, Article 24, Title 11, Subtitle 5) and must apply the same licensing requirements to cats. The Executive may set fees for cat licenses that are different than the equivalent fees for dog licenses.

  (b)   The County Executive must, consistent with State law, set fees by regulation under method (3), and issue other regulations (such as a regulation authorizing different fees or free licenses for dogs or cats meeting certain age or other requirements) under method (2) to implement this Section.  The regulations must coordinate dog and cat licensing with rabies vaccination under Section 5-402 and must require a dog or cat to wear its own legible, unobscured license tag attached to a collar or harness whenever the animal is outside the owner's home.

**Sec. 5-402. Rabies control.**

  (a)    The Executive Director and the County Health Officer must implement the State anti- rabies law (Md. Code, Health-General Article, Title 18, Subtitle 3, Part III).  The County Executive must issue fee regulations under method (3) and other regulations under method (2) to implement this Section.

  (b)   Consistent with State law (Md. Code, Health-General Article, § 18-315), the County Health Officer must conduct an anti-rabies clinic at least annually to vaccinate dogs, cats, and ferrets.

  (c)   An owner must vaccinate a cat, dog, or ferret older than 4 months of age against rabies and provide proof of the most recent vaccination to an animal control officer within 24 hours.

**Sec. 5-403. Clinics to alter animals.**

  (a)   The County directly or by contract must establish one or more clinics where County residents may have dogs or cats altered in a humane manner by a licensed veterinarian for a fee set by regulation.  The County may contract for altering services by a licensed veterinarian at the veterinarian's own place of business.  The fee may be:

    (1)   uniform or based on ability to pay; and

    (2)   waived or reduced for financial hardship.

  (b)   A person seeking to have an animal altered must certify that the person owns the animal or has authority to obtain the service. The person must agree in writing to hold the clinic and veterinarian harmless in any dispute about the person's authority.

  (c)   A person must retrieve the altered animal on the date specified by the clinic.  The person must pay any additional charges for boarding the animal after that date. An animal not retrieved within 10 days after that date is abandoned.

**Sec. 5-404. Animal business licensing.**

  (a)   Businesses requiring a license. The County Executive must issue regulations to require and set conditions for an annual County license to operate:

    (1)   a pet shop;

    (2)   a commercial kennel;

    (3)   as a fancier;

    (4)   an equestrian facility;

    (5)   a benevolent organization; or

    (6)   a guard dog operator who places a dog for hire on private property.

  (b)   Fees. The County Executive must issue regulations to set fees:

    (1)   under method (2) for licenses under subsections (a)(1) to (5); and

    (2)   under method (3) for licenses under subsection (a)(6).

  (c)   Denial, suspension, and revocation.

    (1)   The Office may deny, suspend, or revoke a license:

      (A)   for a facility that violates any provision of the Code, including Chapter 59, or any State or federal law; or

      (B)   if the applicant or licensee withholds or falsifies information, or engages in fraud or misrepresentation regarding the sale of animals.

    (2)   A person aggrieved by an action under this subsection may appeal the action under Section 5-306.

  (d)   Inspections. A facility that requires a license under this Section must allow an animal control officer or other law enforcement officer to inspect the facility.

  (e)   Health and safety regulations. Executive regulations should include licensing requirements to protect human health and safety and enforce state laws against cruelty to animals.

### Article V. Retail Sale of Dogs and Cats.

**Sec. 5-501. Legislative Findings.**

  The County Council finds and declares that:

  (a)   A significant number of puppies and kittens sold at retail pet stores throughout the United States come from large-scale, commercial breeding facilities where the health and welfare of the animals are not adequately provided for (“puppy mills” and “kitten mills,” respectively). According to The Humane Society of the United States, it is estimated that 10,000 puppy mills produce more than 2,400,000 puppies a year in the United States and that most dogs and cats sold in retail pet stores come from puppy and kitten mills.

  (b)   The documented abuses endemic to puppy and kitten mills include over-breeding, inbreeding, minimal to non-existent veterinary care, lack of adequate and nutritious food, water or shelter, lack of socialization, lack of adequate space, and lack of adequate exercise.

  (c)   The inhumane conditions in puppy and kitten mill facilities lead to health and behavioral issues in the animals bred in those facilities. However, many consumers are unaware of these issues when purchasing animals from retail pet stores because of a lack of education on the issue and misleading tactics of retail pet stores in some cases. These health and behavioral issues, which may not present themselves until after the purchase of the animal, can impose exorbitant financial and emotional costs on consumers.

  (d)   Current Federal, State and County regulations do not properly address the sale of puppy and kitten mill dogs and cats in Montgomery County retail pet stores.

  (e)   Restricting the retail sale of puppies and kittens to only those that are sourced from shelters or rescue organizations is likely to decrease the demand for puppies and kittens bred in puppy and kitten mills, and is likely to increase demand for animals from animal shelters and rescue organizations.

  (f)   Due in large part to pet overpopulation, a state task force recently found that 45,000 dogs and cats are euthanized in Maryland animal shelters annually, at an estimated cost of $8 to 9 million each year. Restricting the retail sale of puppies and kittens to only those that are sourced from animal shelters and rescue organizations will likely reduce pet overpopulation and thus the burden on such agencies and financial costs on County taxpayers.

  (g)   Across the country, thousands of independent retail pet stores as well as large chains operate profitably with a business model focused on the sale of pet services and supplies and not on the sale of dogs and cats. Many of these shops collaborate with local animal shelters and rescue organizations to offer space and support for showcasing adoptable homeless pets on their premises.

  (h)   This law will not affect a consumer’s ability to obtain a dog or cat of his or her choice directly from a breed-specific rescue organization or a shelter, or from a hobby breeder where the consumer can see directly the conditions in which the dogs or cats are bred, or can confer directly with the hobby breeder concerning those conditions.

  (i)   The County Council believes it is in the best interests of the County to adopt reasonable regulations to reduce costs to the County and its residents, protect the citizens of the County who may purchase cats or dogs from a retail pet store or other business establishment, help prevent inhumane breeding conditions, promote community awareness of animal welfare, and foster a more humane environment in the County.

**Sec. 5-502. Definitions.**

  In this Article, the following words have the meanings indicated:

  Animal care facility means an animal shelter maintained by, or under contract with, any state, county, or municipality, and whose mission and practice is, in whole or significant part, the rescue and placement of animals in permanent homes.

  Cat means any individual of the species of the domestic cat, felis catus.

  Dog means any individual of the species of the domestic dog, canis lupus familiaris, or any resultant hybrid.

  Non-profit rescue organization means a non-profit organization that has tax exempt status under Section 501(c)(3) of the Internal Revenue Code, and whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.

  Offer for sale means to display, sell, deliver, offer for sale or adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of a dog or cat.

  Retail pet store means a store that is required to comply with Title 19, Subtitle 7 of the Business Regulation Article of the Maryland Code.

**Sec. 5-407. Retail Sale of Dogs and Cats.**

  A retail pet store must not offer for sale any dog or cat unless the retail pet store obtained that dog or cat from:

  (a)   an animal care facility; or

  (b)   a non-profit rescue organization.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 5A. Arts and Humanities.

**Sec. 5A-1. Declaration of purpose.**

  The County Council finds that:

  (a)   It is highly desirable for a progressive and informed citizenry to give full value and support to the arts and humanities and their associated activities in order to achieve a better understanding of the past, a better analysis of the present, and a better view of the future.

  (b)   In addition to the dedication and devotion of individuals and groups practicing and studying the arts and humanities, the advancement of these subjects requires assistance and support not only through an atmosphere within the community favoring the free flow of thought, imagination and inquiry, but also through the coordination and availability of material, conditions, and resources facilitating the exchange of meaningful ideas and the expression of creative thought.

  (c)   Many County residents, individual artists, scholars, organizations, and groups concerned with the arts and humanities lack the opportunity to receive needed encouragement, recognition, and support in the formulation, performance, and enjoyment of artistic, humanities, and scholarly goals.

  (d)   Encouraging and supporting the arts and humanities, while primarily a matter for private and community initiative, is also an appropriate concern of the County government.

  (e)   It is necessary and appropriate for the County government to complement, assist, encourage, support, and promote arts and humanities programs, projects and research presented or sponsored by individuals, groups, and organizations, both private and public, within the County.

  (f)   To implement these findings, the County government should encourage and assist the establishment of a nonpartisan Arts and Humanities Council.

**Sec. 5A-2. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Arts and Humanities Council.  The nonprofit corporation designated under this Chapter as the County’s arts and humanities organization.

  Executive Director.  Highest-ranking officer, who reports to the board of directors, and who is responsible for the day-to-day management, strategic direction, and operational performance of an organization.

  Humanities.  Modern and classical language; linguistics; literature; history; jurisprudence; philosophy; archeology; comparative religion; ethics; history, criticism, and theory of the arts; historic preservation; humanistic aspects of the social sciences; application of the humanities to the various environments; and education regarding these subjects.

  The arts.  The acts of creating, writing, composing, designing, studying, interpreting, executing, performing, exhibiting, and presenting music (instrumental and vocal); dance; drama; literature; poetry; painting; sculpture; graphics; craft and folk arts; and the selecting and exhibiting of such arts as well as historic memorabilia; photography; industrial design; costume and fashion design; motion pictures; television; radio; puppetry; tape and sound recording; architecture and the construction and conserving of same; publishing, printing, and collection of books, papers and media prints; the history, criticism, theory, and practice of the arts; and the study and application of the arts to the human environment.

**Sec. 5A-3. Arts and Humanities Council; Establishment and recognition.**

  (a)   A designation under this Chapter expires at the end of the fifth full fiscal year after the effective date of the resolution making the designation, unless the County Council extends the designation by another resolution.

  (b)   At least one year before a designation under subsection (a), the Office of Legislative Oversight must evaluate the performance and effectiveness of the Arts and Humanities Council. The evaluation should include a survey of stakeholders, including artists, arts and humanities organizations, grantees, and members of the public.

  (c)   The County Council at any time may suspend or revoke the designation of a corporation as the County’s Arts and Humanities Council by resolution, adopted after at least 15 days public notice, that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 7 Councilmembers.

**Sec. 5A-4. Board of Directors.**

  (a)   Board Composition. The Arts and Humanities Council of Montgomery County must be governed by a Board of Directors consisting of no fewer than 11 and no more than 15 voting members, appointed by the County Executive and confirmed by the County Council.

  (b)   Voting members of the Board of Directors of the Arts and Humanities Council must represent:

    (1)   residents, organizations, and groups recognized for their knowledge of or interest in the arts and humanities;

    (2)   practicing artists and writers, both professional and amateur; scholars and researchers; civic cultural leaders; members of the professions; and other individuals and groups concerned with the arts and humanities;

    (3)   the various disciplines in the arts and humanities;

    (4)   the general public, including ethnic, racial, linguistic, and cultural minorities; and

    (5)   geographic balance regarding where members live or work in the County.

  (c)   Voting members of the board must be residents of, work in, or have strong local ties to Montgomery County.

  (d)   The Arts and Humanities Council must require each officer and Director, and the Executive Director to annually disclose, confidentially and in writing, all activities and interests related to arts and humanities organizations, programs, or funding to the governing Board of Directors for the Arts and Humanities Council.  Each officer and Director, and the executive director of the Arts and Humanities Council is a public employee under Sections 19A-11 and 19A-14 for any matter in which the person participates for the Arts and Humanities Council.  The Arts and Humanities Council must adopt and apply policies and procedures to ensure that its actions are fair, unbiased, and non-partisan.

  (e)   Ex Officio Voting Members. The County Executive must designate 2 current County employee representatives, including one employee representative of the Department of Recreation, to serve as ex-officio members of the Board, effective upon the effective date of this Act. Ex-officio members must vote and must be counted for quorum.

  (f)   Terms. Each voting member, other than an ex-officio member, serves a 3-year term. Terms shall be staggered so that approximately one-third of the members’ terms expire each year. Members may be reappointed and may serve until a successor is appointed and confirmed.

  (g)   Removal. The County Executive may remove a voting member for good cause, including a violation of law or a violation of the Board’s bylaws, after providing at least 15 days’ notice to the County Council.

  (h)   Compensation. Board members serve without compensation, but may be reimbursed for reasonable and necessary expenses.

**Sec. 5A-5. Duties of the Board.**

  (a)   Governance and Oversight. The Board of Directors must govern the Arts and Humanities Council and provide independent oversight of its operations, finances, and compliance with applicable laws, contracts, and ethical standards.

  (b)   Executive Director. The Board shall appoint, supervise, evaluate, and, if necessary, remove the Executive Director in accordance with the board’s bylaws and County-approved governance procedures.

  (c)   Fiduciary Responsibility. The Board acts in a fiduciary capacity on behalf of the public interest and must ensure that all County funds and other public funds are used solely for authorized purposes consistent with County agreements and appropriations.

  (d)   Financial and Program Responsibilities. The Board must oversee grantmaking and programmatic activities funded by the County and may secure and administer private-sector funding to support the Board’s activities.

  (e)   Planning and Assessment. The Board must conduct a countywide needs assessment at least once every 2 years and shall adopt and maintain a strategic plan at least once every 5 years.

  (f)   Officers. The Board must elect annually from among its voting members a Chair, Vice Chair, and Secretary.

**Sec. 5A-6. Authority and Reporting.**

  (a)   The Arts and Humanities Council is authorized to:

    (1)   plan and manage special events (which may include arts shows, performances, fairs, festivals, galas, and exhibitions);

    (2)   conduct workshops and seminars related to the arts;

    (3)   solicit funds from the private sector and third parties to support the activities of the Arts and Humanities Council; and

    (4)   undertake any activity authorized pursuant to a contract with the County.

  (b)   On August 31 of each year, the Arts and Humanities Council must report to the County Executive and the County Council regarding its operations, activities, finances, and plans designed to:

    (1)   support, encourage, and promote the arts and humanities in the County, including projects, performance, research, education, information exchange, historic preservation, and other activities that advance the artistic, cultural, and intellectual environment in the County;

    (2)   promote creativity, scholarship, and professionalism in the arts and humanities;

    (3)   provide and coordinate funding for the arts and humanities in the County; and

    (4)   advise local, State, and federal agencies about financial and other needs of arts and humanities programs in the County, including the needs of any underserved or underrepresented populations in the County.

  (c)   On August 31 of each year, the Arts and Humanities Council must report to the County Executive and the County Council on the status of the Public Arts Trust (PAT), including:

    (1)   current PAT fund balance;

    (2)   expenditures from the PAT fund during the prior fiscal year;

    (3)   a list of all works of art purchased with PAT funds during the prior fiscal year;

    (4)   a complete inventory of works of art owned by the County, along with the current condition and location of each piece; and

    (5)   a list of all private donations to the PAT received during the fiscal year.

  (d)   The Arts and Humanities Council must avoid duplication in arts and humanities activities by coordinating Arts and Humanities Council activities with other existing and planned governmental programs and activities.

  (e)   The Arts and Humanities Council must give the County regular and complete financial reports, including an annual independent audit and any accompanying management letter, and any other report required under a contract with the County.

**Sec. 5A-7. Status; incorporation; bylaws.**

  (a)   Before the County may contract with the Arts and Humanities Council, the Board must provide a copy of its current articles of incorporation and bylaws to the County Executive and the County Council. The Board must submit to the County Executive and County Council for review and comment any proposed amendment to the articles of incorporation or bylaws, at least 60 days before the Board takes final action on the amendment. The Board must submit a copy of all adopted amendments to the Executive and County Council within 5 working days after adoption. The articles of incorporation and bylaws are subject to all County laws, including those enacted after the County contracts with the organization.

  (b)   Articles of incorporation. To qualify as the County’s Arts and Humanities Council, the corporation’s articles of incorporation must provide for the appointment of the members of its Board of Directors as required under this Chapter. The articles of incorporation also must provide that the corporation is:

    (1)   a Maryland nonprofit, non-stock corporation, the purposes and activities of which are limited to those that are permitted to be promoted or performed by a corporation that is recognized as exempt from federal income tax under 26 U.S.C. § 501, as amended;

    (2)   not an instrumentality of the County;

    (3)   incorporated for the purpose of serving as the County’s Arts and Humanities Council;

    (4)   organized and operated under the laws of the State of Maryland; and

    (5)   headquartered in the County.

  (c)   Bylaws. The Arts and Humanities Council’s bylaws:

    (1)   may contain any provision necessary to govern and manage the Arts and Humanities Council that does not conflict with this Chapter;

    (2)   must require the Arts and Humanities Council to comply with the Maryland Open Meetings Act and the Maryland Public Information Act; and

    (3)   must, consistent with Chapter 19A, require members of the Board to comply with ethical standards, including mandatory:

      (A)   training regarding ethics;

      (B)   disclosures and recusals based on actual or perceived conflicts of interest; and

      (C)   reporting to the County of any violations of ethical requirements.

**Sec. 5A-8. Meetings.**

  (a)   The Board must meet at least 4 times a year.

  (b)   The Board must meet in public session, except as permitted or required under Maryland law.

  (c)   Board meetings must comply with Maryland Open Meetings Act and the Maryland Public Information Act.

**Sec. 5A-9. Racial Equity and Social Justice.**

  To effectively address the complex needs of the County’s racially, economically, and culturally diverse community and strategically expand access to Arts and Humanities Council resources to underrepresented populations, the Board must adopt and implement a racial equity and social justice policy that applies a racial equity and social justice lens into all aspects of the Board’s operations in alignment with the County’s racial equity and social justice strategic plan. The racial equity and social justice policy must include:

  (a)   a statement of commitment to racial equity and social justice as part of the Board’s core values;

  (b)   active recruitment of potential Board members from diverse backgrounds and outreach to communities of color for consideration by the County Executive and County Council;

  (c)   a formal process to assess Board culture and identify barriers to inclusion in Board participation and leadership;

  (d)   communications and business practices that are tailored to the needs of communities of color and other marginalized communities;

  (e)   a process to identify and address discriminatory or non-inclusive behaviors;

  (f)   organizational policies and procedures that address diversity and inclusion;

  (g)   a process to develop and implement equitable grantmaking; and

  (h)   a clear, realistic, actionable, and measurable commitment to addressing racial equity that is woven into the governance, culture, and membership of the Arts and Humanities Council.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 6. Auction Sales.

### Article I. In General.

**Sec. 6-1. Authority to regulate auction sales.**

  The county council is authorized by law to license and regulate or limit as to location any and all auction sales at which goods, wares and merchandise of any kind whatever are sold or offered for sale at auction within the county; provided, that the authority herein granted shall not include authority to regulate judicial sales, under the terms of mortgages or deeds of trust or sales by executors or administrators.

**Sec. 6-2. Section 6-1 not to limit authority of council.**

  Nothing in section 6-1 shall be held to limit the authority of the council under section 2-12 or 68-2 or under any other law.

### Article II. Sale of Gold, Silver, Precious Stones, etc.

**Sec. 6-3. Reserved.**

**Sec. 6-4. Prohibited; exceptions.**

  Subject to the exceptions hereinafter set forth, it shall be unlawful for any person to sell, offer for sale or dispose of at public auction, or to cause or permit to be sold, offered for sale or disposed of at public auction, any gold, silver, plated ware, precious stones, watches, clocks and jewelry, whether the same shall be the property of the person conducting the sale or whether such person shall act as the agent or employee of another; provided, that this chapter shall not apply to any of the following:

  (a)   Judicial sales.

  (b)   Sales by executors or administrators.

  (c)   Sales by or on behalf of licensed pawnbrokers of unredeemed pledges in the manner now provided by law.

  (d)   Sales of the stock on hand of any person who has been continuously in business in the county as a retail merchant of gold, silver, plated ware, precious stones, watches, clocks and jewelry for a period of one (1) year preceding such sale and who has had a trader's license for such business during such period; provided, that the stock on hand shall not be fed or replenished in anticipation of or during such sale. Any public auction held pursuant to this subsection shall be held only between the hours of 8:00 a.m. and 6:00 p.m. on successive days, Sundays and legal holidays excepted, and such sale shall not continue for more than thirty (30) days in all within a period of one (1) year.

  (e)   Sales by legitimate duly licensed auctioneers who maintain a place of business in the county for the conduct of auction sales of property of all kinds and to whom the sale of gold, silver, plated ware, precious stones, watches, clocks and jewelry is incidental to the regular auction business of auctioneers.

**Sec. 6-5. Description of items sold; warranty.**

  Any person who sells, offers for sale or disposes of any gold, silver, plated ware, precious stones, watches, clocks and jewelry at public auction under the provisions of the preceding section shall truthfully describe the character, kind and quality of any items so sold, offered for sale or disposed of and such description shall be deemed a warranty of such items except with respect to judicial sales and sales by executors or administrators. Any breach of such warranty shall be a violation of this article.

**Sec. 6-6. Violations and penalties; each sale constitutes separate offense.**

  Any violation of any provision of this article or regulations promulgated hereunder shall be punished as a class C violation as set forth in section 1-19 of chapter 1 of the County Code. Each separate sale, at public auction, of an article of gold, silver, plated ware, precious stones, watches, clocks

or jewelry in violation of the provisions of this article shall constitute a separate offense hereunder.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 6A. Beverage Containers.

**Sec. 6A-1. Purpose.**

  The purposes of this chapter are:

  (a)   To promote the public health, safety and welfare of the citizens of the county by offering an incentive for the reduction of the amount of litter in public areas of the county, a large portion of which litter consists of discarded beverage containers; and

  (b)   To relieve the refuse disposal facilities of the county of a large portion of the burden of disposing of beverage container litter. Nothing contained in this chapter shall in any way affect, be construed to affect or be in conflict with the regulation of alcoholic beverages in accordance with article 2B of the Annotated Code of Maryland.

**Sec. 6A-2. Definitions.**

  For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

  Beverage: Beer, ale or other malt beverages, soft drinks, carbonated water and ice tea in liquid form and intended for human consumption.

  Consumer: Every person who purchases a beverage in a nonreusable beverage container for use or consumption, without intent to resell.

  Dealer: Every person who engages in the sale of beverages in nonreusable beverage containers to a consumer in the county, including any manufacturer who engages in such sales.

  Distributor: Every person who engages in the sale of beverages in nonreusable beverage containers to a dealer in the county, including any manufacturer who engages in such sales.

  Greater Washington area: Those jurisdictions within the exterior limits of the Washington, D.C., Standard Metropolitan Statistical Area as defined by the United States Department of Commerce, Bureau of Census, which have enacted provisions similar to the provisions of this chapter.

  Manufacturer: Every person bottling, canning or otherwise filling nonreusable beverage containers for sale to distributors or dealers.

  Nonreusable beverage container: Any individual, separate, sealed glass, metal or plastic bottle, can, jar or carton containing a beverage which is not ordinarily collected from consumers for refilling with a beverage.

  Soft drink: Ginger ale, root beer, sarsaparilla, pop, any soda water, cola or other carbonated or noncarbonated beverages. The term "soft drink" does not include dairy products or fruit juices.

**Sec. 6A-3. Refund value required.**

  Every nonreusable beverage container in which beverages are sold or offered for sale in Montgomery County shall have a minimum cash refund value of five cents ($0.05).

**Sec. 6A-4. Acceptance for refund.**

  (a)   A dealer shall not refuse to accept from any person any empty nonreusable beverage containers marked pursuant to section 6A-5 of this chapter of the kind, size and brand of beverage sold by the dealer, or refuse to pay in cash to the consumer the refund value of a nonreusable beverage container established pursuant to section 6A-3 of this chapter if the empty nonreusable beverage container is presented at the location at which the dealer sells or offers for sale such beverages in nonreusable beverage containers to consumers; provided that for the purposes of this section "dealer" shall not include persons selling beverages to consumers for on-premises consumption.

  (b)   A distributor shall not refuse to accept from a dealer any empty nonreusable beverage container, marked pursuant to section 6A-5 of this chapter, of a kind, size and brand of beverage sold by the distributor, or refuse to pay in cash to the dealer the refund value of a nonreusable beverage container as established pursuant to section 6A-3 of this chapter, if the empty nonreusable beverage containers are presented at the time and location of any delivery of filled nonreusable beverage containers by the distributor to the dealer.

**Sec. 6A-5. Nonreusable beverage container markings.**

  No distributor or dealer shall sell or offer for sale in Montgomery County a beverage in a nonreusable container that does not clearly indicate in a securely affixed manner the following information:

  (a)   The nonreusable beverage container is to be sold within the Greater Washington area; and

  (b)   The refund value of the nonreusable beverage container is not less than the minimum amount specified in section 6A-3 of this chapter.

**Sec. 6A-6. Metal nonreusable beverage containers with detachable openings; prohibited.**

  Beginning January 1, 1979, no distributor or dealer shall sell or offer for sale in the county any metal nonreusable beverage container so designed and constructed that a metal part of the container is completely detachable from the container without the aid of a can opener, other than screw tops and bottle caps.

**Sec. 6A-7. Penalty.**

  Any violation of the provisions of this chapter shall be punished as a class C violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation of the provisions of this chapter continues to exist shall constitute a separate offense.

**Sec. 6A-8. Reserved.**

**Sec. 6A-9. Investigation and report by county executive.**

  The county executive is hereby requested to investigate throughout the Greater Washington area and jurisdictions adjacent to and within Montgomery County the progress in developing and passing legislation similar to this law, and evaluations of the effectiveness of any such beverage container legislation and the beverage industry recycling program, and to report to the council annually in April on such progress, and actions he has taken or proposes to take to ensure regional and state-wide legislation of a similar nature.

**Sec. 6A-10. Enforcement date.**

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 7. Bicycles.

**Sec. 7-1. Definitions.**

  In this Chapter:

  (a)    bicycle means a vehicle designed:

    (1)   to be propelled only by human power;

    (2)   to carry one or more persons; and

    (3)   with 2 wheels, one of which is at least 16 inches in diameter.

  (b)    bicycle helmet means a protective helmet designed for bicycle riders that is approved by the Snell Memorial Foundation or the American National Standards Institute, or that the Director of Transportation determines meets an equivalent standard.

  (c)   personal use means riding a bicycle by the owner or any other person who the owner authorizes to ride the bicycle without charging rent.

**Sec. 7-2. Bicycle helmets.**

  A person who is under age 18 must wear a bicycle helmet when riding or being carried on a bicycle, including a bicycle with training wheels, on a public street, right-of-way, or bicycle path in the County.

**Sec. 7-3. Persons providing bicycles for hire.**

  A person who provides bicycles for hire must:

  (a) not rent a bicycle to a person unless every person who is under age 18 and will ride or be carried on the bicycle has a bicycle helmet; and

  (b) register under this Chapter every bicycle provided for hire.

**Sec. 7-4. Bicycle registration.**

  (a)   Any County resident who owns a bicycle for personal use on a public street, right-of-way, or bicycle path in the County may, and the owner of a bicycle for rent in the County must:

    (1)   register the bicycle by:

      (A)   completing a form provided by the County Executive or designee; and

      (B)   paying a registration fee; and

    (2)   have a legible County registration decal on the bicycle; and

    (3)   remove the County registration decal when the bicycle is sold, transferred, or dismantled.

  (b)   Bicycle registration under this Section is not transferable.

  (c)   A person, other than the owner, must not remove a County registration decal from a bicycle.

  (d)   The County Executive may set bicycle registration fees by executive regulation under method (3).

**Sec. 7-5. Enforcement.**

  (a)   Enforcement. The County Police Department must enforce the requirements of this Chapter. The Maryland-National Capital Park and Planning Commission Police may enforce the requirements of this Chapter on Maryland-National Capital Park and Planning Commission property.

  (b)   Penalty. Any violation of this Chapter is a class C violation.

  (c)   Waiver.

    (1)   The fine for a person's first violation of a bicycle helmet requirement of this Chapter must be waived if:

    (A)   the person charged:

      (i)   is a minor; and

      (ii)   produces proof that the person has obtained a bicycle helmet for the person's use; or

    (B)   the person charged:

      (i)   is the parent or guardian of a minor; and

      (ii)   produces proof that the person has obtained a bicycle helmet for use by that minor.

    (2)   The citation for a person's first violation of a bicycle registration requirement of this Chapter must be rescinded if the person charged produces proof within 15 days after the citation is issued that the bicycle has been registered.

  (d)   Impoundment.

    (1)   The County Police Department and the Maryland-National Capital Park and Planning Commission Police may impound any unregistered bicycle that is provided for rent until the bicycle is properly registered. The Maryland-National Capital Park and Planning Commission Police may dispose of an unregistered bicycle that is provided for rent under Commission regulations.

    (2)   The County police must give an impounding receipt to the owner or operator of the unregistered bicycle that is provided for rent. If an unregistered bicycle provided for rent is impounded, the County police must hold an unregistered bicycle provided for rent until it is:

      (A)   registered;

      (B)   donated to a non-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code in the discretion of the Chief Administrative Officer if reasonable attempts to locate the owner are unsuccessful; or

      (C)   disposed of in the manner provided for abandoned motor vehicles under Section 31-63.

**Sec. 7-6. Parental responsibility.**

  A parent or guardian of a minor must not knowingly allow that minor to violate this Chapter.

**Sec. 7-7. Evidence of negligence.**

  Failure of a person to use a bicycle helmet as required by this Chapter, or evidence that a parent or guardian of a minor knowingly allowed the minor to violate a bicycle helmet requirement of this Chapter, must not:

  (a)   be considered evidence of negligence;

  (b)   be considered evidence of contributory negligence;

  (c)   limit liability of a party or an insurer; or

  (d)   diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 7A. Off-the-road Vehicles

**Sec. 7A-1. Definitions.**

  In this Section:

  Department means the County Police Department.

  Off-the-road vehicle means a motor vehicle that:

  (a)   has a saddle or seat for use of the rider;

  (b)   is designed to travel on two or more wheels in contact with the ground;

  (c)   is designated generally for use off public roads;

  (d)   is not subject to registration requirements under the Maryland Vehicle Law; and

  (e)   generally includes the following vehicles: an off-the-road motorcycle, an all terrain vehicle, or a motorized minibike.

  Off-the-road vehicle does not include:

  (a)   moped as defined in Section 11-134.01 of the Transportation Article, Maryland Code;

  (b)   farm vehicle as defined in Section 13-911 of the Transportation Article, Maryland Code;

  (c)   a motorized golf cart;

  (d)   a mobility device for a disabled person such as an electric motor-driven wheelchair or scooter; or

  (e)   a lawn mower or any other vehicle used on agricultural, park, or residential property primarily for agricultural, gardening, landscaping, or lawn care purposes.

  Operate means to exercise physical control over the speed or direction of or physically manipulate or activate any controls of an off-the-road vehicle.

  Operator means a person who operates, who is responsible for the operation of, or who supervises the operation of, an off-the-road vehicle.

**Sec. 7A-2. Equipment for riders.**

  An operator must wear the following safety equipment when operating an off-the-road vehicle:

    (1)   a helmet that meets safety standards established by the Maryland Motor Vehicle Administrator; and

    (2)   a protective eye device, unless the vehicle is equipped with a windscreen.

**Sec. 7A-3. Driving restrictions.**

  (a)    An operator must not operate an off-the-road vehicle on County or Maryland-National Capital Park and Planning property without written permission of the County Executive, the Director of the Maryland-National Capital Park and Planning Commission, or a designee, except for employees or agents of the County, the Maryland-National Capital Park and Planning Commission, or other government agencies performing work or services on behalf of the County or a government agency.

  (b)    An operator must not operate an off-the-road vehicle on private property unless:

    (1)   the operator wears the required safety equipment as provided in Section 7A-2;

    (2)   the operator has the express written permission of the property owner;

    (3)   the operator, if 16 years of age or younger, is supervised by an adult; and

    (4)   the operation is between the hours of 7 a.m. and 8 p.m.

**Sec. 7A-4. Enforcement.**

  (a)    The Department may enforce the requirements of this Chapter.  The Maryland-National Capital Park and Planning Police may enforce the requirements of this Chapter on Maryland-National Capital Park and Planning Commission property.

  (b)   The Department and the Maryland-National Capital Park and Planning Police may impound an off-the-road vehicle used in violation of this Chapter.

  (c)   The Department may:

    (1)   hold the off-the-road vehicle until the owner claims the vehicle and pays all fines or fees;

    (2)   donate the off-the-road vehicle to a non-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, if the owner cannot be located and 60 days have elapsed from the date of impoundment; or

    (3)   dispose of the off-the-road vehicle in the manner provided for abandoned motor vehicles in Section 31-63.

**Sec. 7A-5. Notice Requirements.**

  (a)    The Department must educate County residents about the use of off-the-road vehicles and may work with the Office of Consumer Protection, the Office of Public Information, or any other government or non-government agency, group, or organization to conduct a public education campaign.  By January 1 of each year, the Department must report to the Council on the activities conducted for the public education campaign and the number and type of citations issued for violations of this Chapter.

  (b)    A retail seller of an off-the-road vehicle must post a sign, and make available written information, summarizing State and County law on the use of off-the-road vehicles in each retail location.  Each sign and item of written information must be submitted to the Office of Consumer Protection.

**Sec. 7A-6. Penalty.**

  A violation of this Chapter is a class C violation.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 8. Buildings.

### Article I. General Requirements.

**Sec. 8-1. Scope and applicability.**

  (a)   Generally. This Chapter includes the rules and regulations adopted under Section 8-13 which have the force of law. It is known as the building code of Montgomery County. It controls all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location. This Chapter also concerns the creation or alteration of certain ownership units, the occupancy and maintenance of all buildings and structures, on-site access facilities to such buildings and structures and their service equipment. This Chapter applies to existing or proposed buildings and structures in the County.

  (b)   Intent. The intent of this Chapter is to assure public safety, health and welfare as it is affected by building construction, structural strength, egress facilities, sanitary equipment, light, utilities and ventilation, occupancies, and fire safety. In general, the intent of this chapter is to secure safety to life and property from all hazards associated with the design, erection, repair, removal, demolition or use and occupancy of buildings, structures or premises.

  (c)   Applicability generally.

    (1)   This Chapter applies to the construction, raising, lowering, moving, demolition, or occupancy of all buildings and structures and their appurtenant construction, including vaults, area and street projections, on-site access facilities, accessory structures, and additions. It applies to public and private buildings, except where such buildings are otherwise specifically excluded by statute. It also applies to the creation or alteration of any ownership unit, and the closure of any private road.

    (2)   A building permit may only be issued for a building located on:

      (A)   a lot or parcel shown on a plat recorded in the County Land Records or on a parcel exempt from recording requirements under Section 50-3.3; and

      (B)   an area outside of any building restriction line and outside the area restricted under Section 50-4.3.K.

  (d)   Exemptions. All buildings or structures must be constructed, extended, repaired, removed, or altered under a permit that satisfies this Chapter, except for:

    (1)   ordinary repairs as defined in Section 8-3;

    (2)   a building or structure used exclusively for agricultural purposes on land used exclusively for agriculture; however, a permit under this Chapter is required for:

      (A)   a building or structure in which customers or other members of the public consume food or beverage, unless exempted under Maryland Code § 12-508 of the Public Safety Article, as amended; and

      (B)   an equestrian facility, building, or structure intended for use by participants or spectators at an equestrian event;

    (3)   the following public utility equipment:

      (A)   any structure and its attached cross arms carrying overhead electric power and energy transmission and distribution lines that carry 69,000 volts or less;

      (B)   equipment installed and maintained by a public utility under regulation by the State Public Service Commission; or

      (C)   poles or structures used for street lights, fire alarm boxes, traffic signals, or similar municipal equipment installed by the State or a local municipality.

  (e)   Matters not provided for. Any requirement essential for structural, fire or sanitary safety of an existing or proposed building or structure or essential for the safety of the building’s occupants and which is not specifically covered by this Chapter, must be determined by the director under Section 8-13.

  (f)   Zoning restrictions and referrals.

    (1)   When the provisions specified in this Chapter for structural, fire, and sanitary safety are more restrictive than those in Chapter 59, this Chapter controls the erection or alteration of buildings in respect to location, use, permissible area and height; but the more rigid requirements of either the building code or the zoning ordinance applies whenever they are in conflict.

    (2)   The Director must submit the application to the Planning Director for review for any building permit that requests:

      (A)   construction of a new principal structure; and

      (B)   construction that increases the gross floor area of an existing commercial structure.

    (3)   The Planning Director must confirm in writing that the submitted application satisfied Chapter 59 and that the property has all necessary approvals and satisfied all necessary conditions required by the Planning Department and Planning Board and identify for each permit the amount of any school facility payment, transportation mobility area review payment or other development payment other than impact taxes that is required to be paid as a condition of building permit.

    (4)   A building permit application for a child lot in the Agricultural Reserve Zone may only be approved if the child for whom the lot is created is the owner of the lot in the County Land Records. A building permit for a detached house on a child lot must be issued only to:

      (A)   a child of the property owner;

      (B)   the spouse of a child of the property owner;

      (C)   a contractor for a child of the property owner; or

      (D)   a contractor for the spouse of a child of the property owner.

**Sec. 8-2. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Agricultural Purpose. A use or function in performance of the work or storage of the instruments or products of agriculture, as defined in Section 1.4.2 of Chapter 59. Agricultural purpose includes the business, administration, or management of agriculture and the processing of an agricultural product to prepare the product for market.

  Controlled materials. Materials which are certified by an accredited or authoritative agency as meeting accepted engineering standards for quality in accordance with detailed criteria set forth in regulations promulgated pursuant to provisions of this Chapter.

  Department. The Department of Permitting Services.

  Director. The Director of the Department of Permitting Services.

  International Building Code. A comprehensive performance code governing materials and methods of construction used in buildings and structures or parts of either, and their service equipment and systems, published periodically by the International Code Council, Inc., (ICC) or any successor body.

  On-site access facilities. Ramps, walkways, driveways and related pedestrian facilities located on a building site which provide a means of access for the public or the general work force to buildings and structures regulated by this Chapter.

  Ownership unit. An area of land shown on a record plat created only for the convenience of the owner under Section 7.1.D of Chapter 50 that reflects a deed, mortgage, or lease line but does not subdivide the underlying lot.

  Parent lot. A lot that is further divided by one or more ownership units.

  Person. Any person, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, County or state agency within the state or any combination thereof.

  Private Road. Any street, highway, avenue, lane, alley, or viaduct, or any segment of any of them, including any abutting sidewalk that has not been deeded, dedicated or otherwise permanently appropriated to the public for public use.

  Service equipment. The mechanical, electrical and elevator equipment, including piping, wiring, fixtures and other accessories, which provide sanitation, lighting, heating, ventilation, fire-fighting and transportation facilities essential for the habitable occupancy of the building or structure for its designated use and occupancy.

**Sec. 8-3. Ordinary repairs.**

  Ordinary repairs to buildings may be made without application or notice to the department; but such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

**Sec. 8-4. Installation of service equipment.**

  When the installation, extension, alteration, or repair of an elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system, fire sprinkler system, or any other equipment is subject to a requirement of this Chapter, it shall be unlawful to use the equipment until the Director issues a certificate approving the work.

**Sec. 8-5. Maintenance.**

  (a)   All buildings and structures and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this chapter in a building or which were required by a previous statute in a building when erected, altered or repaired, shall be maintained in good working order.

  (b)   It shall be unlawful for the owner of a building or his designated agent to fail to maintain the structure and its exitways in a safe and sanitary condition at all times.

**Sec. 8-6. Change in existing use.**

  (a)   Continuation of existing use. The legal use and occupancy of any structure existing on the effective date of this chapter or for which it had been heretofore approved, may be continued without change, except as may be specifically required herein or as may be deemed necessary by the director for the general safety and welfare of the occupants and the public.

  (b)   Change in use. It shall be unlawful to make any change in the use or occupancy of any structure which would subject it to any special provision of this chapter without approval of the director and his certification that such structure meets the intent of the provisions of law governing building construction for the proposed new use and occupancy and that  such change does not result in any greater hazard to public safety or welfare.

**Sec. 8-7. Existing buildings.**

  Except as provided in this section, existing buildings when altered or repaired as herein specified shall be made to conform to the full requirements of this chapter for new buildings:

  (a)   Alterations and damages over 25 percent. If the cost of alterations or repairs, as described herein, or damages by fire or other cause, is over twenty-five (25) percent of the physical value of the building, the director shall determine to what degree the portions so altered or repaired shall be made to conform to the requirements for new buildings.

  (b)   Alterations under 25 percent. If the cost of alterations or repairs described herein is twenty-five (25) percent or less of the physical value of the building, the director shall permit the restoration of the building to its condition previous to damage or deterioration with the same kind of materials as those of which the building was constructed; provided, that such construction does not endanger the general safety and public welfare and complies with other provisions of this chapter in respect to existing roofs.

  (c)   Increase in size. If the building is increased in floor area or number of stories, the entire building shall be made to conform with the requirements of this chapter with respect to means of egress, fire safety, light and ventilation.

  (d)   Part change in use. If a portion of the building is changed in occupancy or to a new use group and that portion is separated from the remainder of the building with the required vertical and horizontal fire divisions complying with the fire grading in this chapter, then the construction involved in the change shall be made to conform to the requirements for the new use and occupancy and the existing portion shall be made to comply with the exitway requirements of this chapter.

  (e)   Physical value. In applying the provisions of this section, the physical value of the building shall be determined by the director and be based on current replacement costs.

**Sec. 8-8. Conditional use approval.**

  For a site with a conditional use:

  (a)   The Department may allow minor adjustments during construction that the Planning Director has confirmed do not substantially alter the size, location, or external appearance of any approved building, structure, or use.

  (b)   Any change proposed during construction that would substantially alter the location or external appearance of any approved building, structure, or use requires an amendment under Article 59-7 of this Code.

**Sec. 8-9. Posted buildings.**

  (a)   Posted use and occupancy. Every building and structure and part thereof designed for and listed among high hazard, storage, mercantile, industrial or business use groups as determined in regulations promulgated pursuant to provisions of this chapter shall be posted on all floors by the owner with a suitably designed placard in a form designated by the director, which shall be securely fastened to the structure in a readily visible place, stating: the use group, the fire grading, the live load and the occupancy load.

  (b)   Posted occupancy load. Every building and structure and part thereof designed for a use listed among the assembly building or institutional building use groups as determined in regulations promulgated pursuant to provisions of this chapter shall be posted with an approved placard designating the maximum occupancy load.

  (c)   Replacement of posted signs. All posting signs shall be furnished by the owner and shall be of permanent design; they shall not be removed or defaced and, if lost, removed or defaced, shall be immediately replaced.

  (d)   Periodic inspection. The director may periodically inspect all existing buildings and structures except one- and two-family dwellings, for compliance with the law in respect to posting, or he may accept the report of such inspection from an authorized licensed professional engineer or architect and such inspection and report shall specify any violation of the requirements of this chapter in respect to the posting of floor load, fire grading, occupancy load and use group of the building.

**Sec. 8-10. Unsafe buildings.**

  (a)   Right of condemnation. All buildings or structures that are or hereafter shall become unsafe, unsanitary or deficient in adequate exitway facilities or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or which by reason of illegal or improper use, occupancy or maintenance shall be deemed unsafe buildings or structures. All unsafe buildings shall be taken down and removed or made safe and secure, as the director may deem necessary and as provided in this section. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of this chapter.

  (b)   Examination and record of damaged building. The director shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard and he shall cause the report to be filed in a docket of unsafe structures and premises, stating the use of the building, the nature and estimated amount of damages, if any, caused by collapse or failure.

  (c)   Notice of unsafe building. If an unsafe condition is found in a building or structure, the director shall serve on the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure or requiring the unsafe building or structure or portion thereof to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately notify the director of his acceptance or rejection of the terms of the order.

  (d)   Restoration of unsafe building. A building or structure condemned by the director may be restored to safe condition; provided, that no change of use or occupancy is contemplated or compelled by reason of such reconstruction or restoration; except, that if the damage or cost of reconstruction or restoration is in excess of fifty (50) percent of its replacement value, exclusive of foundations, such building shall be made to comply in all respects with the requirements for materials and methods of construction of buildings hereafter erected.

  (e)   Posting "unsafe" notice. If the person addressed with an "unsafe" notice cannot be found within the county after diligent search, then such notice shall be sent by registered or certified mail to the last known address of such person and a copy of the ``unsafe'' notice shall be posted in a conspicuous place on the premises and such procedure shall be deemed the equivalent of personal notice.

  (f)   Disregard of "unsafe" notice. Upon refusal or neglect of the person served with an "unsafe" notice to comply with the requirements of the order to abate the unsafe condition, the county attorney shall be advised of all the facts and he shall institute the appropriate action to compel compliance.

### Article II. Administration.

**Sec. 8-11. Generally.**

  The Director enforces and administers this Chapter.

**Sec. 8-12. Duties and responsibilities.**

  The Director shall enforce all the provisions of this Chapter and shall act on any question relative to the mode or manner of construction and the materials to be used in the erection, addition to, alteration, repair, removal, demolition, installation of service equipment and the location, use, occupancy and maintenance of all buildings and structures, except as may otherwise be specifically provided for by statutory requirements or as herein provided:

  (a)   Applications and permits. He shall receive applications and issue permits for the erection and alteration of buildings and structures and inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Chapter;

  (b)   Building notices and orders. He shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction, to require adequate exitway facilities in existing buildings and structures and to ensure compliance with all the code requirements for the safety, health and general welfare of the public;

  (c)   Inspections. The Director must make all the required inspections or may accept reports of inspection by authoritative and recognized services or individuals, and all reports of those inspections must be in writing and certified by a responsible officer of the authoritative service or by the responsible individual; or the Director may engage expert opinion as necessary to report upon unusual technical issues that may arise, subject to the approval of the appointing authority. On the request of the Director of Housing and Community Affairs, under the authority of Chapter 26, the Director must investigate complaints of defects in construction that may violate Chapter 26.

  (d)   Research and investigations. The Director must investigate new developments in the building industry.  Subject to local climatic or other conditions, the Director must accredit tests meeting the functional requirements of this Chapter conducted by accredited authoritative agencies listed in applicable regulations. The Director also may accept duly authenticated reports from the International Code Council, Inc., or from recognized authoritative sources of all new materials and methods of construction proposed for use which are not specifically provided for in this Chapter.  The costs of all tests or other investigations required under this subsection must be paid by the applicant.

  (e)   Department records. He shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. File copies of all papers in connection with building operations shall be retained in the official records so long as the building or structure to which they relate remains in existence; and

  (f)   Hearings. Prior to the issuance of notices, orders and permits hereunder, the Director may, upon request, provide all interested parties with an opportunity for hearing after reasonable notice as specified in Section 8-15(c) of this Chapter. The notice shall state the time, place and issues involved. If the Director holds a hearing on a decision of the Department, the time for appeal to the Board of Appeals shall be stayed until a decision is made by the Director or until the Director has acted on a request for reconsideration, if any. A copy of the Director's decision or order shall be delivered or mailed promptly to each party to the hearing or to that party's attorney of record. Any party to a hearing conducted by the Director may, within ten (10) days following a decision by the Director, request in writing that the Director reconsider such decision;

  (g)   Annual report. At least annually, the Director shall compile a written statement of all permits and certificates issued, orders promulgated and materials approved. Interim reports shall be submitted as required.

**Sec. 8-13. Regulations.**

  (a)   The Director may recommend regulations for the administration of this Chapter including a schedule of fees and may, at the Director’s discretion, hold public hearings as part of this regulation-making process. Regulations, as amended, must not conflict with or waive any provisions of this Chapter. Such regulations must be at least as restrictive as the requirements of this Chapter. All regulations must be adopted by the County Executive under Method (2) of Section 2A-15. The County Executive must promptly forward to the County Council a copy of any new fee schedule for use in budgetary planning activities. Such fees may be based on area, estimated cost of construction, or a minimal set fee per category. The budget estimate of all fees must be equal to the cost of administering this Code.

  (b)   The Director must hold at least one public hearing, after adequate public notice, before recommending to the Executive any regulations adopted under this Chapter. All regulations, related to the construction or demolition must be based on the latest edition of the ICC International Building Code and any local amendments to that Code.

**Sec. 8-14. Standards applicable.**

  (a)   The edition of the ICC International Building Code designated under Section 8-13 is the basic County building code.  The construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures or parts thereof, on-site access facilities to buildings and structures, and their service equipment must meet the standards and requirements in that Code, or as amended under Section 8-13.

  (b)   The closure of any private road must meet the standards and requirements of Chapter 22 and Chapter 49.

**Sec. 8-14A. Energy performance standards for county buildings.**

  (a)   In this section, "County building" means any building for which the County government finances all or part of the cost of construction.

  (b)   All County buildings contracted for design after September 1, 1985, must meet the energy performance standards required under this section.

  (c)   The County Executive must adopt regulations under method (2) to establish:

    (1)   Minimum building energy performance standards that meet or exceed the energy performance standards established by the State of Maryland under State law;

    (2)   A procedure for evaluating and monitoring the appropriateness and effectiveness of the standards;

    (3)   A procedure for evaluating building life cycle costs during the design development phase; and

    (4)   An incentive program which gives the County Executive the discretion to award bonuses if the building actually performs better than the energy performance standards required under this section.

  (d)    The Director of General Services may grant a variance or modification of an energy performance standard if:

    (1)   The architect applies for the variance or modification in writing; and

    (2)   The Director gives notice of and a chance to comment on the application to:

      (A)   The County Council;

      (B)   The Department of Permitting Services; and

      (C)   The energy conservation advisory committee.

  Sec. 2. Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department of Public Works and Transportation in connection with designing, building, and maintaining County facilities (except maintaining or renovating public parking facilities under Chapter 60, as provided for under Section 1 of this Act), maintaining County vehicles and equipment, acquiring and disposing of real property not associated with roads, bridges, and other related transportation facilities, and operating mail, printing, and duplication services, is transferred to the Department of General Services.

  Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

**Sec. 8-14B. County buildings - energy unit savings plans, energy cost savings plans, and energy performance contracts.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    County building means a building which is owned or leased by the County.

    Energy baseline means the amount of energy consumed each year by a County building based on historical metered data, engineering calculations, submetering of buildings or energy consuming systems, building load simulation models, statistical regression analysis, or any combination of those methods.

    Energy cost savings plan means a plan to reduce a County building’s energy costs, including related operation and maintenance costs.

    Energy performance contract means a contract which provides for the performance of services for the design, acquisition, installation, testing, operation, maintenance, or repair of an identified energy conservation measure or series of measures in a County building.

    ENERGY STAR rating means the ENERGY STAR rating developed by the federal Environmental Protection Agency which reflects a building’s energy efficiency.

    Energy unit savings plan means a plan to reduce the amount of energy used by a County building, as measured in kilowatt hours or British thermal units.

    National energy performance rating system means the rating system developed by the federal Environmental Protection Agency under which a building may obtain the ENERGY STAR rating.

    Office of Energy and Sustainability or Office means the Office of Energy and Sustainability in the Department of General Services created under Section 18A-14.

  (b)   Requirements.  The Office of Energy and Sustainability must:

    (1)   develop an energy baseline, energy unit savings plan, and energy cost savings plan for each County building;

    (2)   submit an initial report to the County Executive and County Council by February 1, 2015 which summarizes the energy baseline, energy unit savings plan, and energy cost savings plan for each County building; and

    (3)   submit an annual report to the County Executive and County Council by February 1 of each year that summarizes the steps taken in the preceding fiscal year to implement the energy unit savings plan and energy cost savings plan for each County building.

  (c)   Energy performance contracts.  Each energy unit savings plan and energy cost savings plan that the Office prepares under subsection (b) must include a plan to use an energy performance contract unless the Office finds that the cost of using an energy performance contract outweighs the benefit.

**Sec. 8-14C.Lactation Rooms in County Buildings.**

  (a)   Definitions.  In this Section, the following terms have the meanings indicated.

    County building means a building, whether existing or newly constructed, that is owned or leased by the County where County employees work.

    County employee has the meaning stated in Section 33-6.

    Department means the Department of General Services.

    Director means the Director of General Services or the Director’s designee.

    Lactation room means a designated sanitary room, other than a bathroom, made available for expressing breast milk, that:

    (1)   is shielded from view;

    (2)   is free from public or coworker intrusion;

    (3)   displays appropriate signage that indicates “lactation room” or “nursing room;” and

    (4)   contains the following:

      (A)   a chair;

      (B)   a flat surface to place a breast pump;

      (C)   can be locked or secured from the inside;

      (D)   a small refrigerator;

      (E)   a microwave;

      (F)   at least one or more electrical outlets; and

      (G)   any other related supplies as provided in regulations.

  (b)   Lactation room – required.

    (1)   New Construction.  The Department must provide at least one lactation room that includes a sink with running water in each newly constructed County building that is available for use by any County employee to express breast milk.

    (2)   Existing Buildings.  Except as provided in subsection (c) or (d), the Department must provide at least one lactation room in an existing County building that includes a sink with running water and plumbing systems. If a sink with running water and plumbing systems cannot be provided, the lactation room must have nearby access to running water.

  (c)   Alternative Accommodation.  If the Director determines that a County building does not have a room that could be repurposed as a lactation room, at a reasonable cost, the Department must consider alternative accommodations. Alternative accommodation includes installing or creating a space for a portable lactation room or station.

    (1)   The Executive may enter into a memorandum of understanding between the Department and an owner that offers, for sale or lease, a portable lactation room or station to meet the requirement for subsection (c).

  (d)   Exceptions.  A County building may be excluded from the requirement under subsection (b), if the building:

    (1)   is solely a warehouse;

    (2)   is primarily used for archives; or

    (3)   would require new construction to create a lactation room and the cost of such construction is unfeasible.

  (e)   Regulations.  The Director may promulgate Method (2) regulations to implement the requirements of this Section.

  (f)   Assessment.  The Department must complete, or cause to be completed, an assessment and survey of all applicable County buildings for the inclusion of a lactation room.

  (g)   Reporting.  The Department must report to the County Council any findings, outcomes, and progress of the assessment required under subsection (f).

**Sec. 8-14D. Comprehensive Building Decarbonization.**

  (a)   Definitions. In this section, the following words have the meanings indicated:

    All-electric building means a public or private building that contains no combustion equipment, or plumbing for combustion equipment, installed within the building or building site.

    Combustion equipment means any equipment or appliance used for space heating, service water heating, cooking, clothes drying and/or lighting that uses fuel gas or fuel oil.

    New construction means the construction of any new stand-alone building, with no remnants of any prior structure or physical connection to existing structures or outbuildings on the property.

  (b)   Standards. The County Executive must issue Method (1) regulations to establish all-electric building standards for all new construction as part of the building code.

    (1)   The regulations must include a code modification process. A code modification must only be granted if the resulting building is carbon-neutral or net-zero.

    (2)   The regulations may include additional exemptions not listed in section 8-14D(c) if all-electric building standards cannot be applied to the system or use due to practical difficulty or undue hardship.

  (c)   Exemptions. All-electric building standards do not apply to:

    (1)   the emergency backup systems of buildings that require an emergency system and hence backup power;

    (2)   buildings primarily used by a utility regulated by the Maryland Public Service Commission for the generation of electric power or steam;

    (3)   buildings used to treat sewage or food waste;

    (4)   commercial kitchen equipment in an eating and drinking establishment that satisfies the requirements of Chapter 15;

    (5)   gas-powered fireplaces and gas-fired outdoor grills;

    (6)   applications for building permits submitted to the Department prior to the effective date of the regulation;

    (7)   district combined heat and powers facilities; and

    (8)   buildings used for the following uses, as defined in Chapter 59:

      (A)   Manufacturing and Production uses;

      (B)   Crematory;

      (C)   Life Sciences;

      (D)   Hospital; and

      (E)   Farming and Farm Alcohol Production.

  (d)   Reports.

    (1)   The County Executive must submit a report to the County Council regarding the system capacity needs and investments required for an all-electric building code standard no later than September 30, 2024, and not before December 1, 2023. This report must include a review of any studies issued by the Public Service Commission and should include information provided by the utility companies that service Montgomery County.

    (2)   The Department of Permitting Services must arrange for an annual audit that assesses a representative sample of new construction that complies with this section. The audit must include the number of applications submitted for new construction, the number of waivers granted, current electric rates for consumers, and an analysis of any alternative energy sources used. A complete copy of the audit findings must be submitted to the County Council on June 1 each year, beginning June 1, 2028.

  Sec. 3.  All-Electric Transition. Section 8-14D(b) of this Act must not apply to building permit applications submitted before December 31, 2027, for: (1) housing development projects where 50 percent or more of the dwelling units are moderately priced dwelling units as defined by Chapter 25A, or a similar instrument with a federal, state, or local government for the creation or preservation of income-restricted or market-rate affordable housing; (2) public or private schools; or (3) residential buildings with four or more stories.

**Sec. 8-15. Modifications.**

  (a)   Variances. When there are practical difficulties and undue hardship involved in carrying out structural or mechanical provisions of this chapter, the director may vary or modify such provision upon application of the owner or his representative; provided, that the spirit and intent of the law shall be observed and public welfare and safety be assured.

  (b)   Written application. The application for modification and the final decision of the director shall be in writing on a form approved by the department, shall include the names and address of the owners of all property contiguous or opposite to the property described on said application and shall be officially recorded with the application for the permit in the permanent records of the department.

  (c)   Notice of hearing. Within seven (7) days of the filing of the application provided for herein, the director shall cause to be mailed to the owners of any property contiguous or opposite to the property described in said application and, in his discretion, to other interested parties, organizations or agencies a copy of such application and the date, time and place fixed for the hearing.

  (d)   Record of hearing. In all contested cases, the department shall prepare an official record, which shall include testimony and exhibits, but it shall not be necessary to transcribe the stenographic record unless requested for purposes of appeal.

**Sec. 8-16. Controlled materials procedure.**

  (a)   When plans for the erection or alteration of a building are prepared by a licensed professional engineer or registered architect, which contemplate structural work or structural changes involving public safety or health and such plans are accompanied by an affidavit of the applicant that he has supervised the preparation of the architectural, structural and mechanical design plans and that he will supervise or check all working drawings and shop details for the construction and that the structure will be built under his field supervision and in accordance with the approved plans and that such plans conform to all the provisions of this chapter and the regulations adopted pursuant to its provisions and that all the material used in the construction will be controlled materials as defined herein, the director may waive examination of the plans and field inspection of the construction and may issue a permit for the performance of the work.

  (b)   The licensed or registered professional engineer or architect shall be qualified by experience and training in the particular field of construction involved in the building project under consideration.

  (c)   Before the issuance of the certificate of use and occupancy for such building, the licensed professional engineer or architect who prepared and filed the original plans and who supervised the erection of the building shall file a verified report that the structure has been erected in accordance with the approved plans; and as erected, the building complies in all respects with this chapter and all other laws governing building construction except as to the specific variations legally authorized under the provisions of this chapter and as specifically noted in the verified report and cited in the certificate of use and occupancy.

  (d)   When applications for unusual designs or magnitude of construction are filed, the director may refer such plans and specifications to the plan review service of the Building Officials Conference of America for advice and recommendations as to their safety of design and compliance with this chapter; or he may, in his discretion, retain a properly qualified licensed engineer or registered architect to examine such application for a specific building operation with respect to safety and conformance to statutory requirements. Such employed licensed engineer or registered architect shall supervise the construction in the field to secure compliance with the approved plans and permit; and upon completion of the work, he and the builder shall file with the director a verified report to the effect that the building has been erected in accordance with accepted engineering practice and in conformity to all the statutory provisions governing building construction for the designated use group classification of the building or structure in respect to use, fire grading, floor and occupancy loads.

**Sec. 8-17. Inspection.**

  (a)   Preliminary inspection. Before issuing a permit, the director may examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use thereof; and he may conduct such inspections from time to time during and upon completion of the work for which he has issued a permit; and he shall maintain a record of all such examinations and inspections and of all violations of this chapter.

  (b)   Accredited inspection services. The director may accept reports of his own inspectors or of approved inspection services which satisfy his requirements as to qualifications and reliability.

  (c)   Plan inspection. When required by the provisions of this chapter materials or assemblies shall be inspected at the point of manufacture or fabrication.

  (d)   Inspection reports. All inspection reports shall be in writing and shall be certified by the approved inspection service, or responsible officer of the service or the individual when expert inspection services are accepted. A label or mark of approval permanently fixed to the product indicating that factory inspection has been made shall be accepted in lieu of the aforesaid report in writing.

  (e)   Final inspection. Upon completion of the building or structure and before issuance of the certificate of use and occupancy as required by this chapter, a final inspection shall be made and all violations of the approved plans and permit shall be noted and the holder of the permit shall be notified of the violations.

**Sec. 8-18. Right of entry.**

  (a)   Generally. In the discharge of his duties, the director or his authorized representative shall have the authority to enter at any reasonable hour any building, structure or premises in the county for which a permit has been issued to enforce the provisions of this chapter.

  (b)   Municipal cooperation. The assistance and cooperation of police, fire, and health departments and all other county officials shall be available to him as required in the performance of his duties.

**Sec. 8-19. Emergency measures.**

  (a)   Vacating buildings. When, in the opinion of the director there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life or when any structure or part of a structure has fallen and life is endangered by the occupation of the building, the director is hereby authorized and empowered to order and require occupants to vacate the same forthwith. He shall cause to be posted at each entrance to such building a notice reading as follows:

"THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY MONTGOMERY COUNTY"

and it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing the same.

  (b)   Temporary safeguards. When, in the opinion of the director there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, he shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted.

  (c)   Closing streets. When necessary for the public safety, the director may temporarily close sidewalks, streets, buildings and structures and places adjacent to such unsafe buildings and prohibit the same from being used.

  (d)   Emergency repairs. For the purposes of this section the director shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

  (e)   Costs of emergency repairs. Costs incurred in the performance of emergency work shall be charged to the owner of the property in the manner of taxes and such cost shall constitute a lien on the property.

**Sec. 8-20. Stop work order.**

  (a)   In addition to the other provisions set forth in this chapter, whenever the director determines that work on a building or structure is being prosecuted in violation of the provisions of this chapter or chapter 31B, "Noise Control," including those conditions upon which the permit has been issued or in a manner which threatens the safety, health and welfare of the public, the director may order the work to be immediately stopped.

  (b)   The stop work order described herein shall be issued by the director in writing and served upon the owner of the property involved or his agent or to the person doing the work.

  (c)   It shall be unlawful for any person to continue or permit the continuance of work in or about a building after having been served with a stop work order, except such work as he is directed to perform to remove a violation or unsafe condition.

**Sec. 8-21. Revocation of permit.**

  The director may revoke a permit or approval issued under the provisions of this chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or in case of any violation of the conditions upon which such permit was issued.

**Sec. 8-22. Violations.**

  A person has committed a class A violation if the person violates any provision of this Chapter or another applicable federal, state, or County law regulating an aspect of building construction which the Department enforces, including:

  (a)   building, altering, or repairing a building or structure in violation of an approved plan; or

  (b)   violating an order of the Director or any condition of an approved plan, permit, or certificate issued under this Chapter.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 8-23. Appeals.**

  (a)   Any person aggrieved by the issuance, denial, renewal, amendment, suspension, or revocation of a permit, or the issuance or revocation of a stop work order, under this Chapter may appeal to the County Board of Appeals within 30 days after the permit is issued, denied, renewed, amended, suspended, or revoked or the stop work order is issued or revoked.  A person may not appeal any other order of the Department, and may not appeal an amendment of a permit if the amendment does not make a material change to the original permit.  A person must not contest the validity of the original permit in an appeal of an amendment or a stop work order.

  (b)   After notice and hearing, the Board may affirm, remand, modify, or reverse the action of the Department.

  (c)   Any party may seek judicial review of a decision of the Board under Section 2-114.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

### Article III. Permits.

**Sec. 8-24. Application for permit.**

  (a)   When required. It is unlawful to construct, enlarge, alter, remove or demolish a building or change the occupancy of a building from one use group to another requiring greater strength, exitway or sanitary provisions; or to change to a prohibited use; or create or alter any ownership unit when a use under an occupancy certificate or a structure exists on the parent lot; or to install or alter any equipment for which provision is made or the installation of which is regulated by this chapter, without first filing an application with the department in writing and obtaining the required permit therefor; except, that ordinary repairs as defined in Section 8-3 which do not involve any violation of this Chapter are exempt from this provision.

  (b)   Form. Application for a permit shall be submitted on forms prescribed by the director and shall be accompanied by the required fee as prescribed by this chapter.

  (c)   Qualified applicants. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant and of the responsible officer, if the owner or lessee is a corporate body, shall be stated in the application.

  (d)   Description of work. The application must contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building, the location of any ownership units on the lot, and such additional information as may be required by the director.

  (e)   Projects not requiring site plan or conditional use approval. For projects that do not require site plan approval or conditional use approval and include more than 10 parking spaces, an application for building permit must include a plan showing:

    (1)   the location and design of entrances and exits to public roads;

    (2)   the location and size of all buildings and structures;

    (3)   the location of parking spaces, directional markings, traffic-control devices and signs; and

    (4)   that it satisfies Division 59-6.2 of Chapter 59.

  (f)   Plans and specifications. The application for the permit shall be accompanied by not less than two (2) copies of specifications and of plans drawn to scale, with sufficient clarity and detailed dimensions to show the nature and character of the work to be performed. When quality of materials is essential for conformity to this chapter, specific information shall be given to establish such quality; and in no case shall this chapter be cited or the term “legal” or its equivalent be used as a substitute for specific information. The director may waive the requirement for filing plans when the work involved is of a minor nature.

  (g)   Plot diagram. Each applicant for a building or occupancy permit must file 2 copies of a plot plan drawn to scale, showing:

    (1)   The lot upon which the proposed building is to be erected, lot dimensions, lot and block numbers and subdivision name, if any;

    (2)   Name and width of abutting streets;

    (3)   Location, dimensions and use of existing buildings and other structures on the same lot;

    (4)   The location, dimensions and proposed use of buildings and other structures for which a permit is requested;

    (5)   Front and rear yard widths;

    (6)   North point and scale of plan; and

    (7)   If the permit is for a new residential building or accessory structure or an addition to an existing residential building, and a storm water management plan has not already been approved for that construction, the location of any existing and proposed drainage structure, including any swale, and the general flow of water, indicated by arrows, to and from each structure.

  (h)   Engineering details. The director may require adequate details of structural, mechanical and electrical work including computations, stress diagrams and other essential technical data to be filed. All engineering plans and computations shall bear the signature of the engineer or architect responsible for the design.

  (i)   Amendments to application. Subject to subsection (i), an amendment to a plan, application, or other document may be filed at any time before the work for which the permit is sought or issued is completed. Each timely filed amendment must be treated as part of the original application and filed with it.

  (j)   Time limit. An application for a permit for any proposed work must be treated as abandoned 6 months after the application was filed, unless the application has been diligently prosecuted or a permit was issued.  However, for reasonable cause, the Director may extend the time for the Department to consider an application for one or more additional periods which do not exceed 90 days each.

**Sec. 8-24A. Child day care facility.**

  A building in which a day care provider lives and provides child day care services for 12 or fewer children in accordance with all applicable State and County laws and regulations, including the requirement for a use and occupancy permit under Chapter 59, is a residential use for purposes of this Chapter.

  Section 2. Registration Fees.  The Council intends that registration fees collected under this Act [section] be used to defray administrative costs associated with it by both the planning board and executive agencies. To that end, the planning board and the executive should execute an agreement to allocate those revenues.

**Sec. 8-24B. Permits for property within homeowners' associations, municipal corporations, or special taxing districts.**

  (a)   Homeowners' association registration.

    (1)   If a homeowners' association, as defined in section 24B-1 of this Code, wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the homeowners' association must register with the department and pay a fee determined by the director, based on the cost of services provided to the association under this section.

    (2)   A homeowners' association registers with the department by providing the department with:

      a.    A statement made under penalty of perjury that it has the authority under its bylaws, declarations, documents, rules, or regulations to approve a proposed project that requires a building permit;

      b.   The boundaries of the area covered by the homeowners' association's covenants, by premises address;

      c.   The name, address, and telephone number of the individual to contact for obtaining approval; and

      d.   Other information the director requires.

    (3)   A registration of a homeowners' association under this section expires after two (2) years and may be renewed as provided by executive regulation.

  (b)   Municipal corporation and special taxing district registration.

    (1)   If a municipal corporation or special taxing district wants the county to assist it in exercising its right to approve a proposed project that requires a permit under section 8-24 of this chapter, the municipal corporation or special taxing district must register with the department and pay a fee determined by the director, based on the cost of services provided to the municipality or district under this section.

    (2)   A municipal corporation or special taxing district registers with the department by providing the department with:

      a.   A copy of the municipal corporation's or special taxing district's law, rule, or regulation authorizing it to approve a proposed project that requires a building permit;

      b.   The boundaries of the municipal corporation or special taxing district, by premises address;

      c.   The address and telephone number of the office to contact for obtaining approval; and

      d.   Other information the director requires.

  (c)   Changes in authority and boundaries. A homeowners' association, municipal corporation, or special taxing district that registers under this section must re-register with the department within thirty (30) days after the effective date of a change in:

    (1)   Its authority to approve a proposed project; or

    (2)   Its boundaries.

  (d)   Registration list. The director must maintain and make available to the public a list of:

    (1)   The homeowners' associations registered under subsection (a) of this section; and

    (2)   The municipal corporations and special taxing districts registered under subsection (b) of this section.

  (e)   Permit application process.

    (1)   When a person applies for a permit under section 8-24 of this chapter, the director must ask the applicant if the site of the proposed project is within:

      a.   An area covered by covenants of a homeowners' association;

      b.   A municipal corporation; or

      c.   A special taxing district.

    (2)   The applicant must provide the director with a statement made under penalty of perjury whether the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district.

    (3)   If the applicant indicates that the site of the proposed project is within an area covered by covenants of a homeowners' association, a municipal corporation, or a special taxing district, the director must ask the applicant for:

      a.   An approval form signed by an authorized representative of the homeowners' association indicating that the work described in the application meets the requirements of all bylaws, declarations, documents, rules, and regulations of the homeowners' association; or

      b.   A permit from the municipal corporation or special taxing district.

    (4)   If the applicant does not provide the director with the approval form from the homeowners' association or permit from the municipal corporation or special taxing district when required, the director must send notice promptly to the representative or office listed in the homeowners' association's, municipal corporation's, or special taxing district's registration that the form or permit has not been provided.

    (5)   The applicant's failure to obtain a signed approval form from a representative of the homeowners' association or a permit from the municipal corporation or special taxing district does not prevent the director from approving the application for a permit under section 8-24 of this chapter. The permit may not take effect earlier than ten (10) days after its issuance.

  (f)   Regulations. The county executive must adopt regulations under method (2) of section 2A-15 of this Code to implement this section.

  (g)   Penalty. Section 8-22 of this chapter, establishing criminal penalties for violation of this chapter, does not apply to this section.

  (h)   Liability. The county is not liable for any act or failure to act by the department in carrying out the provisions of this section.

**Sec. 8-24C. Expedited review process for a solar photovoltaic system.**

  The Department must adopt a fast track review process for each permit to install a rooftop solar photovoltaic system for a single family detached home that meets standardized requirements adopted by the Department.  The Department must set the application fee by Executive Regulation adopted under Method 2 for each permit to install a rooftop solar photovoltaic system for a single family detached home that meets standardized requirements adopted by the Department.

**Sec. 8-24D. Expedited review process for an electric vehicle charging station.**

  The Department must adopt a fast track review process for each permit to install an electric vehicle charging station at a single family detached home that meets standardized requirements adopted by the Department.  The Department must set the application fee by Executive Regulation adopted under Method 2 for each permit to install an electric vehicle charging station at a single family detached home that meets standardized requirements adopted by the Department.

**Sec. 8-25. Permits.**

  (a)    Action on application. The Director must examine or cause to be examined each application for a building permit or an amendment to a permit within a reasonable time after the application is filed. If the application or the plans do not conform to all requirements of this Chapter, the Director must reject the application in writing and specify the reasons for rejecting it. If the proposed work conforms to all requirements of this Chapter and all other applicable laws and regulations, the Director must issue a permit for the work as soon as practicable.

  (b)    Time limit.

    (1)   A building permit is invalid if:

      (A)   an approved inspection, as required by this Chapter, is not recorded in the Department's inspection history file within 12 months after the permit is issued and a second approved inspection is not recorded in the Department's inspection history file within 14 months after the permit is issued; or

      (B)   the authorized work is suspended or abandoned for a period of 6 months.

    (2)   The Director must extend a permit for 6 months if the permit holder, before the permit expires, files a written request for an extension and pays an extension fee equivalent to the minimum fee then applicable to the original permit.  Except as provided in paragraph (3), the Director must not grant more than one extension per permit under this subsection.

    (3)   For any building located in an enterprise zone, the Director may extend a permit for additional 6-month periods if the permit holder:

      (A)   shows good cause for each extension;

      (B)   requests an extension in writing before the permit expires; and

      (C)   pays the fee specified in paragraph (2).

  (c)    Reserved.

  (d)    Signature to permit. The director or his authorized representative shall attach his signature to each permit issued.

  (e)    Approved plans. The director shall stamp or endorse in writing both sets of corrected plans "approved" and one set of such approved plans shall be retained by him and the other set shall be kept at the building site, open to inspection of the director or his authorized representative at all reasonable times.

  (f)    Approval in part. The director may issue a permit for the construction of foundations or any other part of a building or structure before the entire plans and specifications for the whole building have been submitted; provided, that adequate information and detailed statements have been filed complying with all the pertinent requirements of this chapter. The holder of such permit for the foundations or other part of a building or structure shall proceed at his own risk with the building operation and without assurance that a permit for the entire structure will be granted.

  (g)    Posting of permit and site plans. The building permit or a true copy thereof and a copy of the building or other plans covered by the permit shall be kept on the site of operations open to inspection by the department, fire or police officials, in the course of their duties, during the entire time the work is in progress and until its completion.

  (h)    Notice of start and other inspections. At least twenty-four (24) hours' notice of start of work under a building permit shall be given to the department unless this requirement is waived in the building permit.

  At least twenty-four (24) hours' notice shall be given the department for inspection of footings, concrete reinforcement, fire stopping and similar details before they are covered up.

  The provision of § 8-25(b) invalidating a building permit which is not used for 6 months is mentioned in connection with a discussion of Montgomery County's growth policy in P. J. Tierney, Maryland's Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987), at p. 236.

**Sec. 8-25A. Permits affecting certain residential properties; public notice.**

  (a)   If a permit is issued under Section 8-25 for new construction on vacant residentially or agriculturally zoned land, or construction of a building or structure that would affect the footprint or height of any existing structure located on residentially or agriculturally zoned land or that is exempt from and exceeds any applicable building height limit, the Director must promptly require the recipient to post on the lot a conspicuous sign describing the proposed construction, specifying the time limit to appeal the issuance of the permit to the Board of Appeals, and including any other information the Director requires. The sign must conform to design, content, size, and location requirements set by regulation under Section 8-13(a).

  (b)   The regulations adopted under subsection (a) may allow a central sign to be posted, or otherwise vary the design, content, size, or location requirements, for any subdivision that consists of more than 5 new dwellings at a single site.

  (c)   The recipient must post the required sign within 3 days after the Department releases the permit to the recipient, and must maintain the sign until 30 days after the permit was released.

  (d)   If the recipient of a permit does not post a sign as required by this Section, the permit is automatically suspended until the recipient has posted the proper sign.  If the recipient begins work under the permit without having posted the sign as required, the Director must immediately issue a stop work order. During the 30-day period after the sign is properly posted, any person may appeal the issuance of the permit as if the permit had been released to the recipient on the day the sign was posted.

**Sec. 8-25B. Immigration Detention Facility – prohibited.**

  (a)   Definitions. In this Section, the following term(s) have the meanings indicated:

    Detention facility means any building, facility, or structure used, in whole or in part, to house or detain individuals for civil or criminal violations. Detention facility includes an immigration detention facility.

  (b)   Prohibition. The Department must not issue a building permit or a use-and-occupancy permit for a privately-owned detention facility.

**Sec. 8-26. Conditions of permit.**

  (a)    Generally. A permit to begin work for new construction, alteration, removal, demolition, or other building operation must not be issued until the fees authorized in this Section are paid to the Department.  An amendment to a permit that requires an additional fee because of an increase in the estimated cost of the work involved must not be approved until the additional fee is paid. The Department must not issue any building permit for a residence, except a building designed to be used as a residence for the person's own or immediate family use, under Section 31C-1, to any person except a licensed building contractor or an authorized agent of the licensed building contractor.

  (b)   Compliance with code. The permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of this chapter except as specifically stipulated by legally granted waivers or modifications as described in the application. The issuance of a permit shall not prevent the department from thereafter requiring a correction of errors in plans or in construction or of violations of this chapter and all other applicable laws or ordinances specifically referring thereto. Certification by a certified engineer that the plans and specifications are in compliance with this chapter shall be accepted by the director as prima facie evidence that all the requirements of this chapter have been met unless he discovers otherwise.

  (c)    Compliance with permit. All work must conform to the approved application and plans for which the permit has been issued  and any approved amendments to the permit.

  (d)   Compliance with plot plan. All new work shall be located strictly in accordance with the approved plot plan.

  (e)   Change in plot plan. No lot or plot shall be changed, increased or diminished in area from that shown on the official plot plan, unless a revised diagram showing such changes accompanied by the necessary affidavit of owner or applicant shall have been filed and approved; except, that such revised plot plan will not be required if the change is caused by reason of an official street opening, street widening or other public improvement.

  (f)   Compliance with plumbing and gas fitting regulations. Permits for the erection, enlargement or alteration of buildings will not be issued until evidence has been presented that the plans of the proposed building comply with all applicable regulations relating to water supply, sewerage, drainage, plumbing and gas fitting.

  (g)   Compliance with zoning regulations. The building or structure must comply with all applicable zoning regulations, including all conditions and development standards attached to a site plan approved under Chapter 59. The issuance of a permit by the Department for the building or structure does not affect an otherwise applicable zoning regulation.

  (h)   Compliance with location certificate. Before any first floor construction of a building or structure is placed upon the foundation walls thereof, the owner of such building or structure shall provide the department with two (2) copies of a location plat, certified by a land surveyor entitled by law to practice property line surveying in the state; except, that a professional engineer entitled by law to practice in this state may provide such certification only where property lines and corners are already existing and determined on the ground. This plat shall be drawn accurately to an appropriate scale and shall show the actual location of the building or structure walls with respect to property lines and existing buildings or structures on the same lot, parcel or tract.

  (i)   Compliance with excavation, grading and sediment control regulations.

    (1)   Unless the construction is exempted by Chapter 19, an applicant for a building permit must obtain a sediment control permit before the building permit is issued.

    (2)   If a sediment control permit is suspended or revoked, the building permit for construction within the area subject to the sediment control permit may be suspended or revoked.

    (3)   All work shall conform to plans approved and/or permits issued in accordance with Chapter 19 of this Code.

  (j)    Compliance with performance bond for construction of streets before issuance of permit. As used in this subsection, the phrase “such streets” means streets abutting the building site and those extensions of streets necessary to meet the minimum requirements of Chapter 49.

    (1)   A permit must not be issued for the erection of any building or structure unless the applicant delivers to the County a performance bond for the construction of streets in all rights-of-way abutting the property on which the building or structure will be erected and those extensions of streets necessary to meet the minimum requirements of Chapter 49.  However, a performance bond for the construction of streets is not required when:

      (A)   all streets are paved with a hard surface and have been accepted for maintenance or are being maintained by the County; or

      (B)   the County Council authorized construction of each street on a front foot assessment basis.

    (2)   The performance bond to be delivered shall be that bond required by Section 49-40 of this Code, and such bond shall be in an amount to cover the entire cost of construction of such streets.

    (3)   If the applicant owns, or is obligated by contract to develop, all or substantially all of the property abutting the streets, a bond in an amount to cover the cost of grading of the streets is sufficient to obtain a building permit. When the applicant does not own, and is not obligated by contract to develop, all or substantially all of the property abutting the streets, the applicant may demand that the Director of Transportation present to the County Council the applicant's proposal to construct the streets on a front-foot-assessment basis. If the County Council refuses to authorize the construction of the streets on a front-foot- assessment basis, the Department must not require the applicant to post a performance bond.

    (4)   Whenever the applicant must post a performance bond to cover the entire cost of construction, the applicant simultaneously must apply to the Department of Permitting Services for a permit to construct the streets. If the bond covers only grading, the applicant simultaneously must apply for a permit to grade the streets.

    (5)   If the construction or grading guaranteed by such bond is not begun and completed within a period of one (1) year after the delivery of such bond, the County may proceed to cause such work to be done, in accordance with the provisions of Chapter 49 of this Code and hold the principal or surety on such bond or both liable for the cost thereof.

  (k)   Location of underground utilities. On all work calling for excavation exceeding twelve (12) inches in depth, the applicant shall provide evidence of the location of all utility lines within the area of the proposed excavation.

  (l)    Compliance with stop work orders. The issuance of a permit shall be expressly conditioned upon the applicant's prompt compliance with all stop work orders issued by the Director.

  (m)   County line.  Every building or other structure for which a permit is issued must be located completely in the County.

  (n)   Tree protection.  If any clearing, construction, or development allowed by any permit issued under this Chapter would result in the trimming, cutting, removal, or injury of any roadside tree (as defined in Section 49-35) or any tree located in a State right-of-way in the County, the Director must not issue that permit until:

    (1)   the applicant obtains a roadside tree care permit as necessary from the State Department of Natural Resources; and

    (2)   the applicant has submitted, in connection with the permit applied for under this Chapter, and the Director has approved, a site-specific tree protection plan that meets the requirements of Section 49-36A(d).

    The Department must approve or reject each proposed plan within 30 days after receiving it. If the Department does not act on a proposed plan within 30 days, the plan is approved by default. The Department may require further information after a proposed plan is submitted, and may extend this deadline once for an additional 15 days to receive any needed information. The Department also may extend this deadline at the request of the applicant.

  (o)   Regulations.   The Director may recommend, and the Executive may adopt, regulations under Method (2) to specify standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees, under subsection (n)  These regulations must be at least as stringent as applicable state roadside tree care standards and requirements.

**Sec. 8-27. Demolition or removal of buildings.**

  (a)    Notice.  The Director must mail written notice, at least 10 days before the Director issues a permit to remove or demolish a building or structure, to the owner of each adjacent and confronting lot.  The applicant must give the Department the name and address of the owner of each adjacent and confronting lot.  The notice must identify the building or structure to be demolished or removed, specify the process for issuing the permit and the time limit to appeal the issuance of a permit to the Board of Appeals, and include any other information the Director finds useful.  The Director need not deliver this notice if unsafe conditions require immediate demolition or removal of the building or structure.

  (b)   Signage.  The Director need not deliver the notice required by subsection (a) if, at least 10 days before the Director issues a permit to remove or demolish a building or structure, the applicant posts at a conspicuous location on the lot a sign describing the proposed demolition or removal, specifying the process for issuing the permit and the time limit to appeal the issuance of a permit to the Board of Appeals, and including any other information the Director requires.  The sign must conform to design, content, size, and location requirements set by regulation under Section 8-13(a).

  (c)   Special notice for older buildings.  At least 30 days before the Director issues a permit to demolish or remove a building, other than a single-family dwelling, that will be more than 25 years old when it is demolished or removed, the Director must list the address of the property on a properly designated website or other widely available form of electronic notice.

  (d)   Notice to utilities.  Before the Director may issue a demolition or removal permit, the applicant must notify each connected public utility and obtain a written release confirming that all service connections and appurtenant equipment, such as meters and regulators, have been safely disconnected and sealed.

  (e)   Permit requirement; conditions.  A person must not demolish or remove a building or structure unless the Director has issued a permit to do so under this Section.  Each demolition or removal permit must require the applicant to:

    (1)   before demolishing or removing a building or structure, exterminate any rodents or other pests in it;

    (2)   after demolition or removal, clear all construction and demolition debris;

    (3)   restore the established grade of the surrounding land, unless a sediment control permit is otherwise required; and

    (4)   at all times keep the site free from any unsafe condition.

  (f)    Bond or surety.  Each applicant for a demolition or removal permit must file a performance bond, cash, certificate of guarantee, or surety with the Department, in an amount equal to the cost of demolition or removal, to assure the safe and expedient demolition or  removal of the building or structure and clearing of the site. If the building or structure is not demolished or removed and the site is not cleared of all debris within the time specified in the permit, but not sooner than 60 days after the permit is issued, the Director may enter the property, demolish or remove the building or structure, clear the site of debris, and take action to forfeit the performance bond, enforce the guarantee, or otherwise reimburse the Department for its cost.

  (g)   Definitions.  As used in this Section:

    (1)   Demolish means to tear down or destroy an entire building or structure, or sixty-seven (67) percent or more of first story exterior walls of a one-family or two-family dwelling unit. Demolish includes the conversion of an exterior wall into an interior wall. Basement and cellar walls are not considered exterior walls; and

    (2)   Remove means to move a building or structure substantially intact from or within a site.

**Sec. 8-28. Certificate of use and occupancy.**

  (a)   Applicability.

    (1)   A use-and-occupancy permit is required before any building, structure, or land can be used or can be converted, wholly or in part, from one use to another.

    (2)   Exemptions from use-and-occupancy permit requirement:

      (A)   land or buildings used exclusively for agricultural purposes;

      (B)   a use for which a valid occupancy permit was issued and not revoked before June 1, 1958; and

      (C)   a Transitory Use.

  (b)   Application Requirements. Each application for a use-and-occupancy permit must be accompanied by 2 copies of a plan drawn to scale showing:

    (1)   the lot on which a use is proposed, lot dimensions, lot and block numbers and subdivision name, if any;

    (2)   the location, extent, and layout for the proposed use and any other pertinent information; and

    (3)   north point, date and scale of plan.

  (c)   New buildings. It is unlawful for any person to use or occupy a building hereafter erected in whole or in part until the certificate of use and occupancy is issued by the Director in satisfaction of this Chapter.

  (d)   Buildings hereafter altered. It is unlawful for any person to use or occupy a building hereafter enlarged, extended or altered to change from one use group to another, in whole or in part until a certificate of use and occupancy is issued by the director certifying that the work was completed in satisfaction of the approved permit. Any use or occupancy that was continued during the work of alteration, must be discontinued within 30 days after the completion of the alteration unless the required certificate is secured from the Director.

  (e)   Existing buildings. Upon written request from the owner of an existing building, the Director must issue a certificate of use and occupancy if there are no violations of law or orders of the Director pending. In addition, the Director must establish that the alleged use of the building has heretofore existed. Nothing in this Chapter requires the removal, alteration, or abandonment of the use and occupancy of a lawfully existing building, unless such use is deemed to endanger public safety and welfare.

  (f)   Changes in use and occupancy. After a change of use is made in a building, a person is prohibited from reestablishing a prior use that is not lawful for a new building of the same type of construction unless the owner complies with all the applicable provisions of this Chapter.

  (g)   Temporary occupancy. Upon the request of the holder of a permit, the Director may issue a temporary certificate of occupancy for a building or structure or part thereof before the entire work covered by the permit shall have been completed if that such portion or portions may be occupied safely before full completion of the building without endangering life or public welfare.

  (h)   Necessary Findings.

    (1)   The Department must find the building complies with Chapter 59.

    (2)   Any building, structure, or land on a site with any previous development approval must satisfy the requirements, representations, plans, and conditions contained in the decision or resolution of the deciding body.

    (3)   The Department must inspect construction or alteration for completion under the applicable decision or resolution.

  (i)   Contents of certificate. When a building or structure is entitled to a certificate of use and occupancy, the Director must issue a certificate 10 days after written applications. The certificate certifies compliance with this Chapter and the purpose for which the building or structure may be used. The certificate of use and occupancy must specify the use group, the fire grading, the allowable live load on all floors, the occupancy load in the building and all parts of the building and any special stipulations and conditions of the building permit.

**Sec. 8-29. Building within floodplain areas and on unsafe land.**

  (a)   A building permit must not be issued for any structure or any alteration of an existing structure:

    (1)   On land which lies within the floodplain covered by the 100-year flood, as defined in Section 19-36, of any stream or drainage course, or on land which the Director finds to be unsafe for development use because it is subject to flooding, erosion, unstabilized slope or fill within the danger reach of a high hazard dam, or otherwise located in a situation that causes unsafe building conditions; or

    (2)   In violation of a residential building restriction line placed on a recorded subdivision plat under the subdivision law, except that a building permit may be issued for fences, public utilities, recreation and agricultural uses, and for reconstruction, repair, or improvement of single family dwellings located within any floodplain covered by the 100-year flood as defined in Section 19-36.

  (b)   No part of any on-site sewage disposal system may be located within the floodplain covered by the 100-year flood as defined in section 19-36.

**Sec. 8-29A. Residential fire sprinklers.**

  (a)    In this Section, fire sprinkler system means equipment that includes 1 or more devices that:

    1.   open automatically by operation of a heat-responsive releasing mechanism;

    2.   discharge water in a specific pattern over a designated area to extinguish or control fire;

    3.   use the same service water supply pipe to the building that the domestic water system uses;

    4.   meet the requirements of current National Fire Protection Association standards as modified by the Director of Fire and Rescue Services; and

    5.   are approved by the Director of Fire and Rescue Services.

  (b)    The County must not issue a building permit for the construction or reconstruction of any residential building unless the plans include the installation in each dwelling unit and any attached accessory structure of a fire sprinkler system.

  (c)    The County Executive must issue regulations to implement this Section.  The regulations may authorize the Director to approve the use of specific construction alternatives that provide equivalent or greater protection of the public in residential buildings in which fire sprinkler systems will be installed.

  (d)   After inspection and final approval of a fire sprinkler system required under this Section, the inspector must provide to the initial occupant of the dwelling unit written information approved by the Fire Administrator about the proper care and maintenance of a residential fire sprinkler system.  If the dwelling unit has never been occupied, the builder or other current owner must not accept payment or rent for the unit until the inspector has transmitted this fire sprinkler information to the initial occupant.  The Fire Administrator must make the information widely available to residents who purchase or lease a previously occupied unit with an installed fire sprinkler system, and other County residents.

  (a) § 8-29A(d), as added by Section 1, applies to any detached single-family dwelling unit for which an application for a building permit is filed on or after July 1, 1990.

  (b) § 8-29A(b), as amended by Section 1, applies to any group home for which an application for a building permit is filed on or after July 1, 1990.

  (c) The builder must install a fire sprinkler system that complies with § 8-29A(e), as added by Section 1, in any primary sales model detached single-family dwelling unit which is shown to prospective buyers for sales purposes on or after July 1, 1990.

**Sec. 8-29B. Control of water runoff on small lots.**

  (a)   The Director must not issue a building permit for any detached one- or two-family residential building located on a recorded lot smaller than 15,000 square feet, or a permit for any addition to such a residential building that would increase the building lot coverage by more than 400 square feet, unless the plans provide for safe conveyance or control of any increased water runoff, resulting from additional impervious area or any other topographic alteration, that would drain onto any adjacent or nearly private property.

  (b)   In this Section, approved drainage system means any method of safe conveyance from the property or storage on the property of on-site water runoff at the design rate specified in subsection (c), using one or more of the following methods or devices or any other method or device approved by the Director that would provide equivalent or greater protection of adjacent and nearby properties:

    (1)   on-site absorption or drainage device, such as rain barrel, cistern with slow release or controlled pump discharge, underground percolation and storage system, rain garden, rooftop garden or detention device, bioretention filter, or vegetation buffer;

    (2)   existing or new drainage facility, such as drainage interceptor, inlet, trench, permeable paved area, or similar feature;

    (3)   drainage line, inlet or pipe, or other engineered feature such as a swale or ditch; or

    (4)   natural topography or buffer area that successfully absorbs water drainage.

  (c)   Each approved drainage system must be designed to convey or control at least 1.5 inches of rainfall during a 24-hour period.

  (d)   After the approved drainage system is installed, the permittee must certify to the Director that the system:

    (1)   has been installed as provided in the plans approved by the Director; and

    (2)   will convey or control the water runoff specified in subsection (c) without impacting adjacent or nearby private properties.

  (e)   The permittee and the permittee’s successors in interest must preserve and maintain each approved drainage system to the extent necessary to provide the same level of protection for adjacent and nearby properties.  The permittee and the permittee’s successors in interest must obtain the Director’s approval before materially modifying any element of an approved drainage system.  The Director may require a permittee to record an easement in the County land records for any approved drainage system to assure the continued preservation and maintenance of that system.

### Article IV. Timely Adequate Public Facilities Determination.

**Sec. 8-30. Purpose; definitions.**

  (a)    Purpose. The purpose of this article is to avoid the premature development of land where public facilities, including transportation, are inadequate. It is intended to promote better timing of development with the provision of adequate public facilities.

  (b)    Definitions. In this article, the following words and phrases have the meanings stated, unless the context clearly indicates otherwise.

    (1)   Development means proposed work to construct, enlarge, or alter a building for which a building permit is required. Development does not include an addition to, or renovation or replacement of, an existing building if, as measured under guidelines adopted by the Planning Board for calculating numbers of vehicle trips and students:

      (A)   occupants of the building would generate fewer than 30 total peak hour vehicle trips; or, if they would generate more than 30 trips, the total number of trips would not increase by more than 5 over the number of trips generated by the building at full occupancy; and

      (B)   the number of public school students who will live in the building would not increase by more than 5 over the number of students generated by the building at full occupancy.

    (2)   Non-residential development means any development that does not contain only any type of dwelling or dwelling unit (including a multiple-family building, mobile home or townhouse) as defined in Section 59-A-2, and any extension, addition, or accessory building.

    (3)   Existing building means a building that is substantially intact when an application for a building permit for renovation, replacement, or reconstruction is filed.

    (4)   Renovation means an interior or exterior alteration that does not affect a building’s footprint.

    (5)   Replacement means demolition or partial demolition of an existing building and rebuilding that building.  A replacement building may exceed the footprint of the previous building.

    (6)   Recorded lot means any parcel, lot, or other tract of land recorded as developable property among the County land records.

    (7)   Timely adequate public facilities determination means an adequate public facilities determination by the Planning Board that is required before a building permit is issued, or is within the time limits prescribed by law for the validity of an adequate public facilities determination, or both.

**Sec. 8-31. Requirement for timely adequate public facilities determination; applicability.**

  (a)    As provided in subsection (b), the Director may issue a building permit only if the Planning Board has made a timely determination that public facilities will be adequate to serve the proposed development encompassed by the permit application under:

    (1)   Chapter 50, if required;

    (2)   Chapter 59 for project plans or site plans, if required; or

    (3)   Section 8-32 for development if the Planning Board or its designee finds that a new adequate public facilities determination is required under this Article, Section 50-20, or other applicable law.

  The work performed after the permit is issued must conform to the uses and amount of development for which the adequacy of public facilities was reviewed.

  (b)   Applicability.  This Article applies to each applicant for a building permit on a recorded lot for which no valid finding of adequate public facilities has been made, including any recorded lot for which an original finding of adequate public facilities has expired.

**Sec. 8-32. Administrative procedures.**

  (a)    Initial referral of applications. The Director must refer each building permit application to which this Article applies to the designee of the Planning Board to conduct an adequate public facilities analysis for the Board’s review.

  (b)   Review by other agencies.  The Director must also refer each application to which this Article applies for comments on the adequacy of public facilities to:

    (1)   the Department of Transportation;

    (2)   the Superintendent of the Montgomery County Public School System;

    (3)   the County Fire and Rescue Service; and

    (4)   the Department of Police.

Each recipient must submit any comments on the application to the Planning Board within 30 days after receiving the application from the Director.

  (c)    Review and finding by Planning Board.

    (1)   Standards and Conditions. The Planning Board may consider an application for timely adequate public facilities determination as part of a site plan review under Division 59-D-3 if site plan review is otherwise required. The Board may condition its adequacy finding on the execution of appropriate agreements with an applicant to the extent permitted for adequate public facilities determinations under subdivision or site plan approval procedures.

    (2)   Hearing Requirement. An applicant for a building permit or other interested person must be given the opportunity for a hearing before the Board acts under this Section. The Planning Board finding is final agency action for purposes of judicial review.

    (3)   Planning Board Finding. When the Planning Board receives all necessary information from the applicant and reviews any comments received from other public agencies and any other person, the Board must find, consistent with the adopted Growth Policy, whether all applicable public facilities will be adequate to support the proposed development.

    (4)   The Planning Board may establish procedures to carry out its responsibilities under this Section, including procedures to delegate the review of certain applications to a designee of the Board.

  (d)    Decision by Director.

    (1)   Administrative Decision. After receiving the adequacy finding of the Planning Board, the Director may issue, deny, or condition any permit, as appropriate, including requiring the applicant to execute binding agreements with the Planning Board.

    (2)   Appeal. An applicant or other interested person may appeal the decision of the Director as provided in Section 8-23. The Planning Board must receive notice of each decision of the Director under this Section and any appeal to the Board of Appeals. The Planning Board may intervene, request a hearing, and otherwise participate fully in a proceeding before the Director, the Board of Appeals, or any court with respect to the adequacy of public facilities.

  (e)    Time limit. An adequate public facilities determination made under this section remains valid for not less than 5 or more than 12 years, using the standards in Section 50-20.

**Sec. 8-33. Reserved.**

**Sec. 8-34. Reserved.**

**Sec. 8-35. Reserved.**

**Sec. 8-36. Reserved.**

### Article V. Development Approval Payments.

**Sec. 8-37. Payment.**

  (a)    Any person who receives approval of a preliminary plan of subdivision under any Alternative Review Procedure for Transportation Facilities adopted in the Growth Policy which requires a Development Approval Payment must pay a development approval payment to the Director of Finance.

  (b)    If the applicant has received approval under the Alternative Review Procedure for limited residential development, the applicant must pay the applicable development approval payment before a building permit is released for any building in the area covered by the subdivision plan.

  (c)    If the applicant has applied under the Alternative Review Procedure for Metro Station Policy Areas, the applicant must agree, in a contract with the Planning Board and the Department of Transportation, as a condition of plan approval to pay the first installment of the development approval payment, as provided in Section 8-41, for each building in the area covered by the subdivision plan before the Department releases a building permit for that building. In addition, the applicant, and the owner of the property if the owner is not the applicant, must expressly accept in the same contract:

    (1)   the applicant's liability for the entire development approval payment, and

    (2)   the attachment to all real property in the subdivision of the lien imposed under Section 8-42(e).

**Sec. 8-38. Rates.**

  (a)   The rate of the payment required under Section 8-37 is:

    (1)   $1 per square foot of gross floor area in any building or part of a building that is:

      (A)   owned by a nonprofit organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code;

      (B)   intended to be used primarily for the direct provision of charitable services; and

      (C)   not intended to be used as a permanent residence;

    (2)   $2.40 per square foot of gross floor area in any building or part of a building that is intended to be used primarily:

      (A)   for storage, industrial or manufacturing, or research and development purposes, or

      (B)   for offices by a nonprofit organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code;

      (3)   $4 per square foot of gross floor area in any other nonresidential building or part of a building;

      (4)   $3 per square foot of gross floor area in any multi-family residential building or any addition to a multi-family residential building; and

      (5)   $3.75 per square foot of gross floor area in any single-family residential building, including any townhouse, or any addition to a single-family residential building.

  (b)   However, notwithstanding subsection 8-39(c), the minimum rate that must be charged for each single-family dwelling unit (including each townhouse) is $1500, and the minimum rate that must be charged for each multi-family dwelling unit is $1200.

  (c)   If, within 5 years after a use and occupancy permit is issued, any person changes the use of all or part of a building to a use for which a higher payment would have been due under this Section when the building permit was issued (including a change from a status, use, or ownership that is exempt under Section 8-39 to a status, use, or ownership that is not so exempt), the owner of the building must within 10 days after the change in status, use, or ownership pay all additional payments that would have been due if the building or part of the building had originally been used as it is later used.  If the building owner does not pay any additional payment when due, each later owner is liable for the payment, and any interest or penalty due under Section 8-42, until all payments, interest, and penalties are paid.

  (d)   Each year the County Council by resolution, after a public hearing advertised at least 15 days in advance, may increase or decrease the payment rates set in this Section.

  (e)

    (1)   "Gross floor area," as used in this Article, means the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the center line of a party wall.

    (2)   "Gross floor" area does not include any:

      (A)   unfinished basement or attic area with a clear height less than 7 feet 6 inches;

      (B)   interior amenity space required to obtain approval of a site plan;

      (C)   area occupied by an atrium or other multi-story space other than the first floor of the space;

      (D)   area occupied by unenclosed mechanical, heating, air conditioning, or ventilating equipment;

      (E)   parking garage or area; or

      (F)   other accessory structure that is not a separate building.

    (3)   In any single-family residential building, "gross floor area" also does not include 50% of any finished or unfinished basement or attic area with a clear height of 7 feet 6 inches or more.

**Sec. 8-39. Exemptions.**

  The payment required under Section 8-37 does not apply to:

  (a)

    (1)   any reconstruction or alteration of an existing building or part of a building that does not increase the gross floor area of the building; and

    (2)   any building that replaces an existing building on the same site to the extent of the gross floor area of the previous building, if construction begins within one year after demolition or destruction of the previous building was substantially completed;

  (b)   the first 1200 square feet of gross floor area of:

    (1)   a new nonresidential building, or

    (2)   an addition to an existing nonresidential building;

  (c)   the first 1200 square feet of gross floor area in any  dwelling unit or addition to an existing dwelling unit;

  (d)

    (1)   any Moderately Priced Dwelling Unit built under Chapter 25A,

    (2)   any Productivity Housing Unit, as defined in Section 25B-17(m), and

    (3)   any other dwelling unit built under a government regulation or binding agreement that limits for at least 15 years the price or rent charged for the unit in order to make the unit affordable to households earning less than the income levels set by regulation for Moderately Priced Dwelling Units, adjusted for family size;

  (e)   a nonresidential building owned, and used primarily, by any agency or instrumentality of federal, state, County or municipal government;

  (f)   a building or part of a building owned by an accredited college or university and used exclusively for instruction, instruction-related research, and administration of higher education programs;

  (g)   a building owned by a nonprofit organization that is exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code, used primarily for educational or religious activities, and not used for any substantial commercial activity.

**Sec. 8-40. Credits.**

  Any person who makes a development approval payment under Section 8-37 may reduce that payment by:

  (a)   any amount the person paid under Chapter 52 Article IV (development impact tax for transportation improvements) or Chapter 52 Article VI (expedited development approval excise tax) for the building that is the subject of this payment; and

  (b)   any amount the person paid or is required to pay for any development district tax levied under County law on account of the building which is the subject of this payment, to the extent that the development district tax is in addition to (and not a part of or substitute for) the ad valorem real property tax applicable to the property.

**Sec. 8-41. Payments; installment payments.**

  (a)   Before the Department of Permitting Services releases a building permit for all or any part of a building subject to this Article, the applicant must show that all payments due under Section 8-38 have been paid.

  (b)   When a person applies to a city or town in the County for a building permit for a building or dwelling unit, the applicant must show that all payments due under Section 8-38 with respect to the building or unit have been paid.  The Director of Finance must promptly refund any payment made for any building or part of a building for which a building permit is not issued by the city or town.

  (c)

    (1)

      (c)   Any payment due under Section 8-37(c) may be paid in not more than 6 equal annual installments.  The first installment must be paid before the building permit for any building subject to the subdivision plan is released, and each succeeding installment must be paid not later than the next December 31.

    (2)   In addition, the person making the payment must pay interest on the amount of each installment except the first at a rate set each year by the Director of Finance not less than the annual nationwide rate of inflation in construction costs since the first installment was paid.  The payer may pay any installment in advance at any time, with interest calculated to the end of the month of payment.

**Sec. 8-42. Collection and administration; interest and penalties; violation; lien.**

  (a)   If any person fails to pay the Director of Finance the full payment or any installment payment due under Section 8-37, that person is liable for:

    (1)   interest on the unpaid amount at the rate of  of one percent per month for each month or part of a month after the due date for payment under Section 8-41; and

    (2)   a penalty of 5 percent of the amount due and unpaid per month or part of a month after the due date for payment under Section 8-41, not to exceed 25 percent of the amount due and unpaid.

  The Director must collect any interest and penalty as a part of the payment.

  (b)   If any person fails to pay the payment when due, the Director must obtain information on which to calculate the payment due.  As soon as the Director obtains sufficient information to calculate any payment due, the Director must assess interest and penalties against the person.  The Director must notify the person by mail sent to the person's last known address of the total amount of all payments, interest, and penalties.  The total amount must be paid within 10 days after the notice is mailed.

  (c)   Every person liable for any payment under Section 8-37 must preserve for 6 years all records necessary to determine the amount of the payment.  The Director may inspect the records at any reasonable time.

  (d)   Any failure to pay the payment due under Section 8-37, and any other violation of this Article, is a Class A violation.  Each violation is a separate offense.  A conviction does not relieve any person from liability for any unpaid payments, interest, or penalties.

  (e)

    (1)

      (c)   Section 52-18D applies to this payment as if it were a tax. However, the lien under this Article attaches to all real property in the subdivision when the contract is signed under Section 8-37(c).  The lien imposed under this Article has the same priority and may be enforced in the same manner as a lien imposed in case of nonpayment of County real property taxes.

    (2)   A lien must not be attached to any real property owned by the Washington Metropolitan Area Transit Authority if the applicant for subdivision approval furnishes sufficient alternative security in a form and amount accepted by the County Attorney.

  (f)   The County Executive may adopt regulations under method (2) to implement this Article.

  (g)   As used in this Article, "person" includes any individual, corporation, association, firm, partnership, group of individuals acting as a unit, trustee, receiver, assignee or personal representative.  "Building" and "dwelling unit" have the same meaning as in Chapter 59.

  (h)   By September 1 of each year in which payments are received under this Article, the Director must report to the County Council for the preceding fiscal year:

    (1)   the amount collected under this Article, by policy area and building use type;

    (2)   the amount of property exempted from development approval payments under Section 8-39; and

    (3)   the amount of credits granted under Section 8-40.

  (i)   In each fiscal year the Director must transfer 20 percent of the revenue received under this Article to support the Montgomery Housing Initiative established under Section 25B-9.  The Council must appropriate the remaining revenue received under this Article to fund transportation projects in the annual capital improvements program and the expenses of any transportation management district established under Chapter 42A.  Unless the Council by resolution directs otherwise, revenue under this Article must not be appropriated to any project that is eligible for federal or state funding, except for the County's matching share of the project costs.

### Article VI. Works of Art in Public Architecture.

**Sec. 8-43. Definitions.**

  In this Article, work of art means an object, objects or surface embellishment produced with skill and taste. A work of art should generally be an original creation, rather than a mass-produced item, generally expressing, but not limited to, a social, cultural or historical theme. Works of art include, but are not limited to, paintings, sculptures, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, drawings, stained glass, fountains, or other decoration, either exterior or interior. The term does not include temporarily hung works of art, landscaping, or the choice or use of materials in architecture.

**Sec. 8-44. Public arts trust.**

  (a)   There is a Public Arts Trust fund within County Government to:

    (1)   receive, hold, and pay out public and private funds to:

      (A)   buy and display works of art on public property in the County; and

      (B)   pay the cost of administering the fund; and

    (2)   sponsor privately-funded temporary or permanent displays of art on public property in the County.

  (b)   The Chief Administrative Officer or a designee must administer the trust in consultation with:

    (1)   Arts and Humanities Council;

    (2)   Montgomery County Public Schools;

    (3)   Montgomery College; and

    (4)   Montgomery County Parks Commission.

  (c)   The Chief Administrative Officer must report to the County Council:

    (1)    each quarter on:

      (A)   new locations selected for works of art to be funded by the Public Arts Trust; and

      (B)   works of art purchased or displayed with Public Arts Trust funds during the quarter; and

    (2)   each year by January 15 on all other uses of Public Arts Trust funds during the prior calendar year.

**Sec. 8-45. Appropriation for art.**

  Each year the County Council should consider appropriating funds for the next fiscal year to the Public Arts Trust in an amount equal to .05% of the combined total approved programmed capital expenditures for the then current fiscal year for County Government, Public Schools, Montgomery College, and Maryland-National Capital Park and Planning Commission.

### ARTICLE VII. Reserved.

**Sec. 8-46. Reserved.**

**Sec. 8-47. Reserved.**

**Sec. 8-48. Reserved.**

**Sec. 8-49. Reserved.**

**Sec. 8-50. Reserved.**

**Sec. 8-51. Reserved.**

**Sec. 8-52. Reserved.**

**Sec. 8-53. Reserved.**

### Article Viii. Clean Renewable Energy Technology.

**Sec. 8-54. Definitions.**

  In this Article, the following words have the meanings indicated:

    Clean energy portfolio target means a target, expressed in megawatt hour equivalents, for establishing an amount of clean energy to be installed on the County’s portfolio of facilities. The County’s portfolio includes any building, facility, or property in which the County has a financial interest. A financial interest includes any ownership, lease,  or public private partnership, and any facility where the County provides 30% of total funding.

    Clean renewable energy technology means a technology or system that uses geothermal heating and cooling, solar hot water heating, wind power, solar electricity generation, or solar thermal generation. Clean renewable energy technology includes passive solar energy generation that reduces energy use from other sources by at least 20%.

    Department means the Department of General Services.

    Director means the Director of the Department or the Director’s designee.

**Sec. 8-55. Clean renewable energy technology required.**

  (a)   By December 10, 2014, the County Executive must establish, by Method 1 Regulation, a Clean Energy Plan that includes a specific amount of on-site clean energy that must be installed on any new or existing County facility. This Plan must include:

    (1)   a clean energy portfolio target for total clean energy to be installed on County facilities, which must exceed 1 kilowatt per 1,000 square feet of facilities anticipated to be added to the County’s portfolio as documented in the Capital Improvement Program;

    (2)   a process for vetting any new facility for potential renewable energy installation during the design phase, including key criteria for evaluating opportunities for solar energy;

    (3)   a plan to ensure that appropriate facilities are solar ready, to the extent possible;

    (4)   criteria for responsible site selection to balance the County’s renewable energy goals with other environmental objectives;

    (5)   a process to coordinate with County agencies on any new facility built using at least 30% County funds; and

    (6)   required funding and staffing to achieve the target.

  (b)   The County may install a clean energy system in an alternate location in the County to meet this requirement, including:

    (1)   a vacant property;

    (2)   a land swap or lease agreement; or

    (3)   any other property or facility where the County has a contractual, budgetary, or other interest.

  (c)   The Executive must recommend to the Council whether funds to support solar energy should be incorporated in a energy specific capital improvement budget, utility Non Departmental Account, or other mechanism to overcome any funding gap to meet the renewable energy target.

**Sec. 8-56. Alternative financing.**

  (a)   An alternative financing arrangement which allows leveraging of federal, state, utility, and other incentives, including any grant, lease-purchase agreement, power purchase agreement, or energy savings performance contract, may meet the clean renewable energy technology requirement under this Article.

  (b)   The purchase of Renewable Energy Credits does not meet the clean renewable energy technology requirement under this Article.

**Sec. 8-57. Administration; reporting.**

  (a)   The Department must administer this Article using accepted principles of sound accounting and fiscal management.

  (b)   The Department must submit an annual report to the County Council and County Executive by April 1 each year describing:

    (1)   the added clean renewable energy technology generation by each project;

    (2)   the revenues and expenditures of each project;

    (3)   each project supported by the Program; and

    (4)   the cost and energy savings resulting from the program.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 8A. Cable Communications.

**Sec. 8A-1. Title.**

  This Chapter is known and may be cited as the "Cable Communications Law."

**Sec. 8A-2. Intent and purposes.**

  It is the intent of the County to promote the public health, safety and general welfare by providing for the grant of one or more franchises for the construction and operation of a cable system; to provide for the regulation of each cable system by the County in accordance with federal and state law; to provide for the payment of fees and other valuable consideration by a franchisee to the County for the privilege of using the public rights-of- way for constructing and operating a cable system; to promote the widespread availability of cable and other communications service to County residents and businesses wherever economically feasible, including to those who reside in multifamily buildings and in rural communities; to encourage the development of cable as a means of communication between and among the members of the public and public institutions; and to encourage the provision of diverse information to the community over cable.

  Sec. 2. Service-level requirements for cable modem service.  The County Executive must issue regulations under method (2) establishing minimum cable modem service levels that a franchisee must provide.  The regulations supersede any less-stringent requirements in a franchise or subscriber agreement.

  Sec. 3. Transition.

  (a) This Act applies to each current or future franchise, franchisee, subscriber, or other person subject to the requirements of the County Cable Communications Act, as amended by this and any future Act, and supersedes any contrary regulation, franchise, franchise agreement, subscriber agreement, or other agreement. The complaint adjudication provisions in Chapter 8A of the Code, as amended by this Act, apply to any complaint pending on, or filed on or after, the date this Act takes effect [March 6, 2003].  Section 8A-31A(i) applies to any subscriber agreement modified or entered into after this Act becomes law [December 5, 2002].

  (b) The County Executive must designate the initial term of 2 members of the Cable Compliance Commission as 2 years.  Any later term of these 2 members, and the terms of all other members, mut be 3 years.

  Sec. 4. Expiration date.  This Act expires on December 31, 2005.

**Sec. 8A-3. Definitions.**

  In this Chapter, the following words and phrases have the meanings indicated in this Section. Words defined in Section 602 of the Cable Act have the meaning stated in the Cable Act unless this Section provides a different definition.

Access channel means any channel set aside under the franchise agreement for public use, educational use, or governmental use without a charge by the franchisee for channel usage. An access channel may be scheduled on a professional basis or may be operated so that any member of the general public may cablecast.

Application means a proposal to construct and operate a cable system within the County, transfer a franchise, renew a franchise, or modify a franchise. An application includes the initial proposal plus all subsequent amendments or supplements to the proposal and relevant correspondence.

Cable Act means the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq.

Cable system means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designated to provide cable service which includes video programming and which is provided to multiple subscribers within the County. This term does not include:

  (1)   a facility that serves only to retransmit the television signals of one or more television broadcast stations;

  (2)   a facility that serves subscribers without using any public right-of-way;

  (3)   a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that the facility will be considered a cable system to the extent that it is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on- demand services;

  (4)   an open video system that complies with federal law; or

  (5)   any facilities of any electric utility used solely for operating its electric utility systems.

Cable service means the one-way transmission of video or other programming service to subscribers and any subscriber interaction provided in connection with that service.

Commission means the Cable Compliance Commission.

Community media organization
									 means a nonprofit corporation that provides services to:

  (1)   support the production of local programming or the operation of local access channels, or both;

  (2)   serve viewers as well as program producers; and

  (3)   promote high quality productions, responsible and diverse points of view, and balance in subject matters.

Complaint means a complaint related to the provision of cable service.

Control of a franchisee or applicant means the legal or practical ability to exert actual working control over the affairs of the franchisee or applicant either directly or indirectly, whether by contractual agreement, majority ownership of an interest, any lesser ownership interest, or in any other manner.

County means Montgomery County, Maryland, except for the territory located in the municipalities of Barnesville, Brookville, Chevy Chase Village, Chevy Chase Section 3, The Town of Chevy Chase, Chevy Chase Section 5, Gaithersburg, Garrett Park, Glen Echo, Kensington, Laytonsville, Poolesville, Rockville, Somerset, Takoma Park, and Washington Grove.

Council means the County Council.

County Executive means the chief executive officer of the County or designee.

Fair market value means the price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time but with no value allocated to the franchise itself.

FCC means the Federal Communications Commission.

Franchise means the right granted by the County to a franchisee to construct, maintain and operate a cable system over, on, or under streets, roads and all other public ways, easements and rights-of-way within all or specified areas of the County. The term does not include any license or permit that may be required by this Chapter or other laws, ordinances, or regulations of the County for the privilege of transacting and carrying on a business within the County or for disturbing the surface of any street or public thoroughfare.

Franchise agreement means an agreement entered into in accordance with the provisions of this Chapter between the County and a franchisee that sets forth the terms and conditions under which the franchise will be exercised.

Franchisee means any person granted a franchise under this Chapter.

Gross revenues means all of a cable operator’s revenues derived from the operation of the cable system to provide cable services.

Leased access channel means a channel designated in accordance with Section 612 of the Cable Act, for commercial use by persons unaffiliated with the franchisee.

Overbuild means a cable system constructed to serve any subscribers served by an existing cable system, including those parts of an existing system that will be constructed and activated by December 31, 1989 pursuant to a staging map filed with the County.

Participating municipality is a municipality that enters into an agreement with the County under which the County will administer a cable franchise granted by the municipality.

Person means any individual, corporation, partnership, association, joint venture, or organization of any kind and the lawful trustee, successor, assignee, transferee, or personal representative thereof.

Subscriber means the County or any person who is lawfully receiving, for any purpose or reason, any cable service, whether or not a fee is paid for that service.

System malfunction means an equipment or facility failure that results in the loss of satisfactory service on one or more channels. A malfunction is a major malfunction if it affects 11 or more subscribers.

Transfer of a franchise means any transaction in which:

  (1)   an ownership or other interest in a franchisee is transferred, directly or indirectly, from one person or group of persons to another person or group of persons so that control of the franchisee is transferred; or

  (2)   the rights held by the franchisee under a franchise agreement are transferred or assigned to another person or group of persons.

  (3)   The following transactions do not constitute a transfer of a franchise:

    (A)   A transaction among or between affiliates if:

      (i)   the initial franchisee provides an unconditional guarantee of performance by the new franchisee in a form acceptable to the County before the transaction closes;

      (ii)   the transferee agrees, in writing, before the transaction closes, that it will abide by and accept all terms of the franchise agreement and this Chapter, and that it will assume the obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous franchisee under the franchise agreement and this Chapter for all purposes, including renewal;

      (iii)   the initial franchisee has no uncured defaults from the time of the notice through the date of closing of the transaction; and,

      (iv)   the initial franchisee has provided the County at least 90 days notice and has responded completely to all information requests from the County;

    (B)   A sale of ownership or other interest in an entity controlling a franchisee, either directly or indirectly, if the successor controlling entity commits in writing that it will not take any action to impede the franchisee from satisfying all obligations under the franchise agreement, including but not limited to completing a system build-out;

    (C)   A transfer in trust, by mortgage, by other hypothecation, or by assignment, of any right, title, or interest of a franchisee in the franchise or cable system in order to secure indebtedness.

Transfer of interest in a franchisee means the sale or transfer, directly or indirectly, of an existing or newly created equity interest in the franchisee that does not result in a transfer of control of the franchisee.  The following transactions do not constitute a transfer of an interest if the Executive or a designee finds that the franchisee has responded completely to all information requests from the County:

  (1)   A transaction among or between affiliates;

  (2)   A sale of ownership, or other interest, in an entity controlling the franchisee, either directly or indirectly; or,

  (3)   A transfer in trust, by mortgage, by other hypothecation, or by assignment, of any right, title, or interest of the franchisee in the franchise or cable system in order to secure indebtedness.

User means a person utilizing a cable system's facilities for purposes of transmission of material or information to subscribers or others.

  Sec. 2. Service-level requirements for cable modem service.  The County Executive must issue regulations under method (2) establishing minimum cable modem service levels that a franchisee must provide.  The regulations supersede any less-stringent requirements in a franchise or subscriber agreement.

  Sec. 3. Transition.

  (a) This Act applies to each current or future franchise, franchisee, subscriber, or other person subject to the requirements of the County Cable Communications Act, as amended by this and any future Act, and supersedes any contrary regulation, franchise, franchise agreement, subscriber agreement, or other agreement. The complaint adjudication provisions in Chapter 8A of the Code, as amended by this Act, apply to any complaint pending on, or filed on or after, the date this Act takes effect [March 6, 2003].  Section 8A-31A(i) applies to any subscriber agreement modified or entered into after this Act becomes law [December 5, 2002].

  (b) The County Executive must designate the initial term of 2 members of the Cable Compliance Commission as 2 years.  Any later term of these 2 members, and the terms of all other members, mut be 3 years.

  Sec. 4. Expiration date.  This Act expires on December 31, 2005.

**Sec. 8A-4. Grant of authority; franchise required.**

  The County may grant one or more franchises in accordance with this Chapter. A person must not construct or operate a cable system in the County without a franchise granted by the County.

**Sec. 8A-5. Franchise characteristics.**

  (a)   A franchise authorizes use of the public rights-of-way for installing cables, wires, lines, and other facilities to operate a cable system, but does not expressly or implicitly authorize the franchisee to provide service to, or install cables, wires, lines, or any other equipment or facilities private property without owner consent (except for use of compatible easements or rights-of-way under the Cable Act), or to use publicly or privately owned utility poles or conduits without a separate agreement with the owners.

  (b)   A franchise is subject to the paramount right of use by the County and the public for public purposes. The County reserves the right to authorize use of public rights-of-way to other persons as it determines appropriate.

  (c)   A franchise is nonexclusive and does not expressly or implicitly preclude the issuance of other franchises to operate cable systems within the County.

  (d)   A franchise does not convey a property right to the franchisee or a right to renewal other than as may be required by state or federal law.

  (e)   A franchise agreement constitutes a contract between the franchisee and the County once it is accepted by the franchisee. A franchisee contractually commits itself to comply with the terms, conditions and provisions of the franchise agreement and with all applicable laws, ordinances, codes, rules, regulations, and orders.

**Sec. 8A-6. Franchisee subject to other laws, police power.**

  (a)   A franchisee is subject to and must comply with all applicable local, municipal, County, state and federal laws, ordinances, codes, rules, regulations, and orders including those pertaining to nondiscrimination.

  (b)   A franchisee is expressly subject to the County's police power under Article 25A, Section 5(S) to the Annotated Code of Maryland.

  (c)   Any other provision in this Code concerning the grant of franchises does not apply to the grant of franchises for the construction and operation of cable systems. The County, in granting a franchise under this Chapter, is exempt from the provisions of Chapter 11B.

  (d)   A franchisee or other person is not excused from complying with any of the terms and conditions of this Chapter or a franchise agreement by any failure of the County, one or more occasions, to require compliance or performance.

**Sec. 8A-7. Interpretation of franchise terms.**

  (a)   This Chapter applies to a franchise agreement as if fully set forth in the franchise agreement. The express terms of this Chapter prevail over conflicting or inconsistent provisions in a franchise agreement.

  (b)   The provisions of a franchise agreement must be liberally construed in order to effectuate its objectives consistent with this Chapter and the public interest.

  (c)   A franchise agreement is governed by, and construed in accordance with, the laws of Maryland.

**Sec. 8A-8. Application to grant, renew, modify, or transfer a franchise.**

  (a)   A person seeking a franchise or a current franchisee must apply to the County for a new franchise, renewal of a franchise under the formal or informal procedures in Section 626 of the Cable Act, modification of a franchise agreement, transfer of a franchise, or a transfer of an interest in a franchisee if the transfer is subject to County approval. An applicant has the burden to demonstrate compliance with all application requirements of this Chapter.

  (b)   An applicant must:

    (1)   submit the number of copies of the application required by the County;

    (2)   pay the application filing fee specified in regulations;

    (3)   meet the requirements of any applicable request for proposals;

    (4)   identify in writing the name and address of any person authorized to act on behalf of the applicant with respect to the application; and

    (5)   certify to the County that the application includes all information required by this Chapter for the appropriate type of application.

  (c)   A person may apply for a new franchise in response to the County’s request for proposals or on an unsolicited basis. The County may issue a request for proposals when the County receives an unsolicited application or at any other time. If the County elects to issue a request for proposals after receiving an unsolicited application, the applicant may submit an amended application in response to the request for proposals, may inform the County that its unsolicited application should be considered as its response to the request for proposals, or may withdraw its unsolicited application. The County may reject an application that is unresponsive to a requirement of a request for proposals.

  (d)   An application for a new franchise must contain the following information:

    (1)   Identification of the persons who own or control the applicant, including:

      (A)   the names, addresses, and percentage interest of the 10 largest holders of an ownership interest in the applicant and all persons with an ownership interest of 5 percent or more;

      (B)   any other persons who control the applicant;

      (C)   all officers and directors of the applicant; and

      (D)   any other business affiliation and cable system ownership interest of each identified person.

    (2)   A statement addressing whether the applicant, or any other person controlling the applicant, or any officer or majority stockholder of the applicant;

      (A)   has been adjudged bankrupt;

      (B)   has had a cable franchise revoked; or

      (C)   has been found by any court or administrative agency to have violated a security or antitrust law or convicted of a felony or any crime involving moral turpitude.

  Any statement under this paragraph must identify each person involved and explain the circumstances.

    (3)   A demonstration of the applicant's technical, legal, and financial ability, including financing sources and commitments, to construct and operate the proposed cable facility, identifying key personnel.

    (4)   A detailed description of the geographic area to be served by the cable system.

    (5)   If the applicant seeks a limited franchise under this Chapter, a description of how the proposal meets the requirements for a limited franchise, including the justification for any waiver of the minimum requirements.

    (6)   A detailed description of the physical facility proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities and equipment.

    (7)   A description of the construction of the proposed system, including an estimate of above-ground and below-ground mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space on poles and conduits including an estimate of the cost of any necessary rearrangement of facilities.

    (8)   A demonstration of how the proposal will reasonably meet the future cable- related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted for the County.

    (9)   Pro forma financial projections for the first 10 years of the franchise term, including a statement of income, a balance sheet, sources and uses of funds, and schedule of capital additions, with all significant assumptions explained in notes or supporting schedules.

    (10)   An affidavit of the applicant or an authorized officer that:

      (A)   certifies the truth and accuracy of the information in the application;

      (B)   acknowledges the enforceability of application commitments; and

      (C)   certifies that the proposal meets all applicable federal and state requirements.

    (11)   If an applicant proposes to construct a cable system which would constitute an overbuild, the identification of the area where the overbuild would occur and the potential subscriber density in the area to be served by competing cable systems.

    (12)   A certification that the applicant has served a copy of its application on all existing franchisees.

    (13)   Any other information necessary to demonstrate compliance with this Chapter.

  (e)   An application to modify a franchise agreement must include the following information:

    (1)   The specific modification requested.

    (2)   The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the impact on the applicant if the modification is not approved.

    (3)   A statement whether the modification is sought pursuant to Section 625 of the Cable Act, and, if so, a demonstration that the requested modification meets the legal standards of the Cable Act.

    (4)   Any other information necessary for the County to decide whether the modification complies with County law.

  (f)   An application to renew a franchise must comply with Section 8A-22.

  (g)   An application to transfer a franchise or an interest in a franchisee must comply with Section 8A-23.

  (h)   An applicant must certify that the application contains all required information.

  (i)   Within 10 business days after receiving an application for a new franchise for an overbuild, the County Executive must determine whether the application is complete under subsection (d).  If the application is complete, the Executive must accept it for filing.  If the application is not complete, the Executive must specify the additional information required under subsection (d) before the application can be accepted for filing.

    (1)   If the Executive rejects the application for filing, the applicant may resubmit or supplement the application with the additional information, and the Executive must reconsider, within the 10-day deadline starting on the date of resubmission, whether the application is complete under subsection (d).

    (2)   When the Executive accepts the application for filing, the Executive must make the application available for public inspection and forward the application to the Telecommunications Advisory Committee for review and comment.

  Acceptance of an application as complete for filing does not limit the Executive’s authority to request additional information related to the criteria in Section 8A-9(e), or to recommend, after full review of the application, that the Council deny the application based on those criteria.

**Sec. 8A-9. Grant of franchise.**

  (a)   The County may grant a franchise for a period not to exceed 15 years to serve all or any specified geographic areas of the County.

  (b)   The County may grant a limited franchise for a period not to exceed 10 years to serve a geographic area that meets both of the following criteria:

    (1)   the geographic area involves no overbuild; and

    (2)   the geographic area is one where the cable will pass at the time the franchise is granted an average of fewer than 30 dwelling units per cable mile.

  (c)   The County may condition the grant of a franchise on the completion of construction within a specified time or the performance of other specific obligations and specify that the failure of the franchisee to comply with the condition will void the franchise without further action by the County.

  (d)   The Executive must conduct a public hearing on an application for a new franchise. The Executive must conduct the hearing on an application for a new franchise for an overbuild within 90 days after the Executive accepts the application for filing.  The Executive must give public notice of the hearing at least 15 calendar days before the hearing. At the public hearing, the Executive may accept written and oral testimony and any other material relevant to the application. The Executive may consider multiple applications in a single proceeding.

  (e)   In evaluating an application for a new franchise, the County must consider:

    (1)   the applicant's character;

    (2)   the applicant's technical, financial, and legal qualifications to construct and operate the proposed system;

    (3)   the nature of the proposed facilities and equipment;

    (4)   the applicant's record of cable performance in other communities, if any; and

    (5)   whether the proposal will serve the public interest.

  (f)   Where an applicant proposes to overbuild an existing cable system, the County must consider the factors in subsection (e) and:

    (1)   the beneficial effects of competition, including any reduced rates to consumers, higher technical standards, or more varied programming offerings; and

    (2)   the effect of the overbuild on the public.

  (g)   The Executive must propose to grant or deny the franchise application and must notify the applicant of the proposed action.  Before proposing action, the Executive must consider the application, the written and oral testimony and other material presented at the hearing, and any other information relevant to the application.  For an application for a new overbuild franchise, the Executive must make the proposal within 120 days after accepting the application for filing.

  (h)   If the Executive proposes to grant a franchise application, the Executive and the applicant must agree on the terms of a franchise agreement within 60 days after the applicant receives the notice of the proposed grant. The Executive and the applicant may extend this period for up to 60 more days.  If the two parties do not reach agreement by the end of the original or any extended period, the notice of proposed grant is void.

  (i)   As required by State law, the County must advertise the terms of a proposed franchise agreement, including the proposed compensation to the County, for three successive weeks in one or more newspapers of general circulation in the County to allow the public to comment on the proposed franchise agreement.

  (j)   If the Executive and the applicant agree on a proposed franchise agreement, the Executive must submit the proposed agreement to the Council for approval.  For an application for a new overbuild franchise, the Executive must submit the proposed franchise agreement to the Council within 10 days after the end of the advertising period.

  (k)

    (1)

      (d)   When the Executive submits a proposed franchise agreement to the Council for approval, the Council may, within the applicable time provided in Section 8A- 28(d):

      (A)   grant the franchise;

      (B)   grant the franchise with conditions that the Council finds are necessary to assure that the franchise complies with County law;

      (C)   remand the franchise agreement to the Executive with specific recommendations to renegotiate any provision of the proposed franchise agreement and submit a revised agreement to the Council for approval; or

      (D)   deny the application for a franchise.

    (2)   If the Executive proposes to deny the franchise application or cannot reach agreement with the applicant on a proposed franchise agreement within the time specified in subsection (h), the Executive immediately must recommend to the Council that the Council deny the application and explain the reasons for the recommendation.  The Council may, within the applicable time provided in Section 8A-28(d):

      (A)   deny the application;

      (B)   remand the franchise application to the Executive with recommendations or instructions for further action; or

      (C)   grant the franchise with any conditions that the Council determines are necessary to assure that the franchise complies with County law.

  (l)   Every franchise grant is subject to a franchise acceptance fee in an amount not to exceed the County's costs to consider the application, less the amount of the filing fee. The County’s costs include time spent by County employees and officials to review, negotiate, and approve the franchise agreement, and fees paid to attorneys, experts, and other consultants.  Within 30 days after the Council grants a franchise under this Chapter, the County must notify the approved applicant of the amount of the franchise acceptance fee and how the County calculated the amount. If the approved applicant does not pay the franchise acceptance fee within 30 days after the County notifies the applicant, the grant is void. The franchisee must not act under the franchise until the franchisee complies with the bond, insurance, and other prerequisites of the franchise agreement.

**Sec. 8A-10. Insurance; bond; indemnification.**

  (a)   A franchisee must have the following insurance coverage in force at all times during the franchise period:

    (1)   workmen's compensation insurance to meet all state requirements;

    (2)   general comprehensive liability insurance;

    (3)   automobile liability insurance covering all vehicles as specified in the franchise but not less than $250,000 per person, $500,000 per occurrence, and $100,000 for property damage; and

    (4)   any additional types of insurance and coverage amounts as the County may require.

All insurance policies must be with sureties qualified to do business in Maryland and in a form approved as to legality by the County Attorney. The County may accept a self- insurance plan that assures comparable protection in lieu of these insurance policies.

  (b)   To ensure the franchisee's performance of franchise obligations, a franchisee must have in force at all times during the franchise period a bond in a form approved by the County Attorney, consisting of cash, an irrevocable letter of credit, or a performance bond. A performance bond must be provided by a surety qualified to do business in Maryland. The bond must be to the benefit of the County or to other parties named in a franchise agreement. The bond must be of a type and in a sum specified in the franchise agreement as necessary to ensure the faithful performance and discharge of obligations imposed by law and the franchise agreement. Except for a limited franchise, the minimum bond amount must not be less than $250,000.

  (c)   A franchisee must, at its sole cost and expense, indemnify, hold harmless, and defend the County, its officials, boards, commissions, agents, and employees, against any claims, suits, causes of action, proceedings and judgments for damages or equitable relief arising out of the construction, maintenance, or operation of its cable system regardless of whether the act or omission complained of is authorized, allowed or prohibited by the franchise. This requirement includes claims arising out of copyright infringement or a failure by the franchisee to secure consent from the owner, authorized distributor, or licensee of a program to be delivered by the cable system.

  (d)   In an overbuild situation the County may require franchisees to indemnify each other for any damage to facilities and services caused by construction or maintenance of their respective cable systems.

**Sec. 8A-11. Minimum facilities and services.**

  (a)   The following minimum requirements for facilities and services apply to all franchises:

    (1)   A cable system must have a minimum capacity of 54 video channels available for immediate or potential use.

    (2)   A cable system must provide at least 6 access channels, which must be individually designated by the County for public, educational or governmental access. The County may require the franchisee to contribute to capital costs for access studios and related equipment and facilities, as permitted by federal law.

    (3)   A cable system must provide leased access channels as required by federal law. The franchisee must provide information on all leased access channels in its annual report under Section 8A-13(a).  This information must include a description of any applications to lease access channels that are pending consideration or which have been denied by the franchisee.

    (4)   Service to all public buildings without charge may be negotiated in the franchise agreement.

    (5)   Upon the directive of the County, a franchisee must interconnect the cable system access channels with those of other cable systems in the Washington and Baltimore metropolitan areas and Frederick County or as otherwise provided in the franchise agreement.

    (6)   A franchisee must design its system to allow the County to interrupt cable service in an emergency to deliver necessary information to subscribers.

  (b)   The County may negotiate franchise terms exceeding the minimum requirements in subsection (a).

  (c)   The County may waive minimum requirements set forth in subsection (a) for limited franchises where the applicant demonstrates that a waiver is in the public interest.

**Sec. 8A-12. Franchise fee.**

  (a)   A franchisee, in consideration of the privilege granted under a franchise for the use of public rights-of-way to construct and operate a cable system, must pay the County 5 percent of the franchisee's gross revenues from the operation of its cable system to provide cable service in its franchise area during the period of its franchise. A franchisee must pay the franchise fee due to the County for the preceding quarter within 30 days after the end of that quarter.

  (b)   Any payment of franchise fees to adjust for a shortfall in the quarterly payments for the preceding year must be made no later than the filing date for the audited annual financial statements as specified in subsection (d) of this section. An adjustment for any overpayment will be credited in one or more subsequent quarterly payments.

  (c)   Unless a franchise agreement provides otherwise, a franchisee must file with the County within 30 days of the end of each quarter a financial statement showing the gross revenues received by the franchisee during the preceding quarter and the number of subscribers in each participating municipality.

  (d)   A franchisee must file within 3 months after the end of its fiscal year the franchisee's annual financial statements for the preceding year certified by an authorized officer of the franchisee or an affiliate and audited by a certified public accountant. The franchisee must bear the cost of the preparation of all financial statements.

  (e)   The County may inspect and audit any books and records, and recompute any amounts determined to be payable under the franchise. However, any audit to recompute franchise fees must take place within 36 months after the end of the franchisee's fiscal year. The franchisee must bear the cost of the audit if the annual payment to the County for the preceding year is increased by more than 5 percent as a result of the audit.

  (f)   In the event that a franchise payment is not received by the County on or before the due date, interest will be charged from the due date at the annual interest rate then charged for unpaid federal income taxes. In addition, the franchisee will pay a late charge of 5 percent of the amount of the payment. Interest and late charges will not be imposed for any payment necessary as a result of the yearly adjustment provided for in subsection (b) of this section, if the payment to correct for a shortfall does not exceed 10 percent of the total payments made during the year. In the event such payment exceeds 10 percent of the total payments made during the year, the franchisee will be liable for interest and late charges for the entire amount due.

  (g)   When a franchise terminates for any reason, the franchisee must file with the County within 90 days of the date the franchise operations stop an audited financial statement showing the gross revenues received by the franchisee since the end of the previous fiscal year. Adjustments must be made at that time for franchise fees due to the date that the franchisee's operations ceased.

**Sec. 8A-13. Reports and records.**

  (a)   Within 3 months of the close of its fiscal year, a franchisee must file with the County and each participating municipality an annual report that includes the information required in the franchise agreement.

  (b)   A franchisee must maintain a complete set of books and records available for inspection by the County during normal business hours.

  (c)   Upon written request of the franchisee and approval by the County Attorney, information of a proprietary nature submitted to the County under this Chapter or a franchise agreement must not be made available for public inspection.

**Sec. 8A-14. Customer service requirements.**

  (a)   A franchisee must maintain in its franchise area a business office open during normal business hours with a listed local telephone number and a sufficient number of telephone lines to allow reasonable access by subscribers and members of the public. When the business office is closed, the franchisee must have an answering machine or service to take complaints and inquiries.

  (b)   A franchisee must have personnel and equipment available at all times to locate and correct major system malfunctions. Major system malfunctions must be corrected without delay. Corrective action for all other malfunctions must be initiated as provided in the franchise agreement but not later than the next business day after the subscriber service call is received. Corrective action must be completed as promptly as possible.

  (c)   A franchise agreement must include procedures to investigate and resolve all complaints, including those regarding the quality of service and equipment malfunction.

  (d)   A franchisee must provide each subscriber at the time cable service is installed written instructions for placing a service call, filing a complaint, or requesting an adjustment. These instructions must include the name, address, and telephone number of the County office designated to handle subscriber complaints. Each subscriber must also be provided with a schedule of the subscriber's rates and charges, a copy of the service contract, delinquent subscriber disconnect and reconnect procedures, and a description of any other relevant franchisee subscriber policies. The franchisee must provide to the County a copy of all forms describing customer service policies and procedures when they are distributed to subscribers, and if possible, should provide these forms to the County before they are distributed. All forms must be conspicuously posted in the franchisee's local business office.

  (e)   A franchisee may interrupt service on the cable system only for good cause and, except in emergency situations, only after prior notice to subscribers and the County of the anticipated service interruption. Any interruption must be for the shortest time possible.

  (f)   A franchisee must maintain a complete record of service complaints received and action taken. These records must be open to the County for inspection during normal business hours. A monthly summary of such records must be submitted to the County by all franchisees except limited franchisees. A limited franchisee must submit reports as required in the franchise agreement. Complaint records must be retained for 3 years.

  (g)

    (1)   A franchisee must promptly remove all its facilities and equipment from the subscriber's premises if service is terminated and the subscriber requests removal.

    (2)   Notwithstanding paragraph (1), a franchisee may disconnect and abandon facilities and equipment where removal is impractical, such as with buried cable or internal wiring.

**Sec. 8A-15. Service discrimination and exclusive programming agreements prohibited.**

  (a)   Unless approved by the County and to the extent consistent with federal law, a franchisee must not, in its cable service rates or charges, or in the availability of its cable services, or in any other respect, grant undue preferences or advantages to any subscriber or potential subscriber, or to any user or potential user, nor subject any of these persons to any undue prejudice or any disadvantage. Unless prohibited by applicable federal law, the County may require the franchisee to have a uniform rate structure for its cable services throughout the franchise area. A franchisee must not deny, delay, or otherwise burden service or discriminate against subscribers or users on the basis of age, race, religion, color, sex, sexual orientation, gender identity, handicap, national origin, or marital status, except for discounts for the elderly and handicapped, as defined in Chapter 27.

  (b)   A franchisee must not deny cable service to any potential subscriber because of the income of the residents of the area in which the subscriber resides.

  (c)

    (1)

      (2)

        (3)   Except as provided in paragraphs (2) and (3) of this subsection, a franchisee must not enter into an agreement with a programming service or broadcast station that provides for:

      (A)   the exclusive distribution or retransmission of programming by the franchisee within any area of the County; or

      (B)   a refusal by the programming service or broadcast station to deal with a competing multichannel provider in the County.

    (2)   The prohibition contained in paragraph (1) may not be construed to apply to a provision in an agreement that provides for bona-fide volume discounts that are either cost-based or which otherwise would be applied equally to both affiliated or unaffiliated customers of the programming service or broadcast station.

    (3)   This subsection does not apply to any agreement between a franchisee and a programming service or broadcast station entered into before July 21, 1992.  It does apply to any subsequent amendments that extend the term of the agreement.  Any subsequent renewal of a franchise by the County after that date must be conditioned on compliance with paragraph (1) with regard to all programming, including any agreement entered into on or before July 21, 1992.

**Sec. 8A-16. Subscriber privacy and unauthorized reception.**

  (a)   A franchisee must protect the privacy of all subscribers under Section 631 of the Cable Act. A franchisee must not condition subscriber service on the subscriber's grant of permission to disclose information, which, cannot be disclosed without the subscriber's explicit consent under federal law.

  (b)   A person must not intercept or use any video, voice, or data signal transmissions over a cable system, unless the interception or use is authorized by the franchisee or other person having the lawful right to authorize the reception or use. A violation of this subsection is a Class A offense.

**Sec. 8A-17. Construction and use of rights-of-way.**

  (a)   A franchisee must use, with the owner's permission, existing poles, conduits or other facilities whenever possible. Copies of agreements for use of poles, conduits or other facilities must be filed with the County as required by the franchise agreement.

  (b)   All transmission lines, equipment and structures must be installed and located to cause minimum interference with the rights and reasonable convenience of property owners.

  (c)   Suitable safety devices and practices as required by local, County, state and federal laws, regulations, and permits must be used during construction, maintenance, and repair of a cable system.

  (d)   A franchisee must remove, replace, or modify at its own expense any of its facilities in a public right-of-way when the County requires it to do so, to allow the County to change, maintain, repair or improve a public thoroughfare.

  (e)   The franchisee must put the cable underground at its expense on streets and roads where both electrical and telephone utility wiring are underground, and must move the cable underground after initial installation when electrical and telephone utility wiring are moved underground. The franchisee must put the cable underground between a street or road and a subscriber's residence if both electrical and telephone utility wiring are underground. A franchisee may install aerial cable if either electric or telephone utility wiring is aerial, except where a property owner or resident requests underground installation and agrees to pay the additional cost over aerial installation.

  (f)   A franchisee must obtain any required permits before starting construction work on public and private property and must restore the public and private property to their former condition after construction is completed. The County, or private property owner may, after prior notice to the franchisee, repair any damage done by the franchisee at the franchisee's expense if restoration is not satisfactorily performed within a reasonable time.

  (g)   Subject to the supervision and direction of the County, a franchisee may trim trees within public rights-of-way at its own expense as necessary to protect its wires and facilities. A franchisee may trim trees on private property with the consent of the property owner.

  (h)   At the request of any person holding a valid building moving permit and upon sufficient notice, the franchisee must temporarily raise, lower or cut its wires as necessary to facilitate a move. The direct expense of these temporary changes, including standby time, must be paid by the permit holder. The franchisee may require payment in advance.

**Sec. 8A-18. Technical standards.**

  (a)   Any cable system constructed in the County must meet or exceed the technical standards under applicable law.  All television signals transmitted on a cable system must include any closed captioning information for the hearing impaired. Antennas, supporting structures, and outside plant used in the cable system must comply with the recommendations of the Electronics Industries Association and applicable federal and local regulations on tower structures and outside plant.

  (b)   All construction, installation and maintenance must comply with the National Electrical Safety Code, the National Electric Code, the Bell System Code of Pole Line Construction, all state and local regulations, and accepted industry practices.

  (c)   The franchisee must perform at its expense proof of performance tests designed to demonstrate compliance with the requirements of applicable law at the stages of construction specified in the franchise agreement. The franchisee must provide the proof of performance test results promptly to the County.

  (d)   The County may require periodic proof of performance tests to be performed at the expense of the franchisee after the completion of construction. The franchisee must provide the test results promptly to the County.

  (e)   The franchisee must advise the County when a proof of performance test is scheduled so that the County may have an observer present.

**Sec. 8A-19. Security deposit.**

  (a)   The franchisee must post with the County, and maintain at all times during the term of the franchise, a cash security deposit in the amount specified in the franchise agreement. The County must hold the security deposit as security for:

    (1)   faithful performance of all applicable provisions of law and the franchise agreement;

    (2)   compliance with all orders, permits, and directions of the County; and

    (3)   payment by the franchisee of any claims, liens, or taxes due to the County because of the construction, operation or maintenance of the system.

  (b)   The County must place any security deposit in an interest bearing account such as those in which the County general funds are located. The interest will accrue to the benefit of the franchisee but may not be withdrawn. All interest is added to and becomes part of the original security deposit during the term of the franchise.

  (c)   The County may immediately withdraw an appropriate amount, including interest and penalties, from the security deposit if:

    (1)   after 10 days notice the franchisee fails to pay to the County any fees or taxes due and unpaid, liquidated damages, damages, or costs or expenses that the County is compelled to pay by reason of any act or default of the franchisee in connection with this franchise; or

    (2)   after 30 days notice to the franchisee, the franchisee fails to comply with any provision of the franchise that the County reasonably determines can be remedied by an expenditure of the security deposit.

The County must promptly notify the franchisee of the amount and date of any withdrawal.

  (d)   Within 30 days after the County gives notice that an amount has been withdrawn from the security deposit, the franchisee must deposit a sum of money equal to the amount withdrawn. If the franchisee does not deposit the required amount within 30 days, the entire security deposit remaining may be forfeited. In addition, that failure is a violation of this Chapter for which the County may revoke the franchise or take any other enforcement action.

  (e)   The security deposit is the property of the County if the franchise is revoked. The County must return the security deposit to the franchisee after the franchise is terminated if there is no outstanding default or unpaid amounts owed to the County by the franchisee.

  (f)   The rights reserved to the County with respect to the security deposit are in addition to all other rights of the County under this Chapter or other law. An action, proceeding, or exercise of a right with respect to the security deposit does not affect any other right the County may have.

  (g)   The requirements of this Section may be waived only with the Council’s approval.

  Sec. 2. Service-level requirements for cable modem service.  The County Executive must issue regulations under method (2) establishing minimum cable modem service levels that a franchisee must provide.  The regulations supersede any less-stringent requirements in a franchise or subscriber agreement.

  Sec. 3. Transition.

  (a) This Act applies to each current or future franchise, franchisee, subscriber, or other person subject to the requirements of the County Cable Communications Act, as amended by this and any future Act, and supersedes any contrary regulation, franchise, franchise agreement, subscriber agreement, or other agreement. The complaint adjudication provisions in Chapter 8A of the Code, as amended by this Act, apply to any complaint pending on, or filed on or after, the date this Act takes effect [March 6, 2003].  Section 8A-31A(i) applies to any subscriber agreement modified or entered into after this Act becomes law [December 5, 2002].

  (b) The County Executive must designate the initial term of 2 members of the Cable Compliance Commission as 2 years.  Any later term of these 2 members, and the terms of all other members, mut be 3 years.

  Sec. 4. Expiration date.  This Act expires on December 31, 2005.

**Sec. 8A-20. Enforcement remedies.**

  (a)   If a franchisee violates any provision of the law or its franchise agreement, the County may take one or more of the following actions:

    (1)   impose liquidated damages in the amount, whether per day, incident, or other measure of violation, as provided in the franchise agreement. Payment of  liquidated damages by the franchisee will not relieve the franchisee of its obligation to meet the franchise requirements;

    (2)   require the franchisee to pay its subscribers or classes of subscribers in an amount and on a basis the County determines is necessary to cure the breach or default, or equitably compensate for the violation; or

    (3)   revoke the franchise under this Chapter.

  (b)   In determining which remedy or remedies are appropriate under subsection (a), the County must consider the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and any other matters the County determines are appropriate.

  (c)   In addition to or instead of these remedies, the County may seek legal or equitable relief from any court of competent jurisdiction.

  (d)   Before initiating a remedy under this section other than revocation of the franchise, the County must give the franchisee written notice of the violations claimed and at least 10 working days to correct the violations.

**Sec. 8A-21. Performance evaluations.**

  (a)   Except for limited franchises, the County must hold a minimum of 3 performance evaluation public hearings during the term of each franchise. The County Executive may determine the times for the hearings and the issues that the franchisee must address in the hearings.

  (b)   The County may hold performance evaluation public hearings for limited franchises as determined by the County Executive.

**Sec. 8A-22. Renewal of franchise.**

  (a)   If a franchisee initiates a formal franchise renewal process under Section 626(a)--(g) of the Cable Act, the franchisee must notify the County, and each participating municipality, at least 30 months and no more than 36 months before the franchise expiration date. When the County receives a notice from the franchisee, or at any time at the County's own initiative, the County must take the following actions:

    (1)   The County must review and evaluate the future cable-related community needs and interests and the franchisee's past performance. The review and evaluation must include opportunity for public comment.

    (2)   On completion of the review and evaluation, the County must notify the franchisee that it may file a renewal application. The notice must specify the information to be included in the renewal application and the deadline for filing the application. The filing deadline must not be earlier than 30 days after the date of the notice. If the franchisee does not submit a renewal application by the specified date, the franchise may not be renewed under this subsection.

    (3)   The County must hold one or more public hearings on the renewal application when the application is received or provide some other procedure for public comment on the application.

    (4)   After the public hearing or comment period, the County Executive must recommend to the Council that it either:

      (A)   renew the franchise, subject to the negotiation of a franchise agreement satisfactory to the County and the franchisee; or

      (B)   issue a preliminary decision that the franchise should not be renewed.

    (5)   The Council's action under paragraph (a)(4) must be taken within 4 months of the date of the renewal application notice to the franchisee under paragraph (a)(2).

  (b)   In considering a renewal application, the County must consider whether:

    (1)   the cable operator has substantially complied with the material terms of the existing franchise and with applicable law;

    (2)   the quality of the cable operator's service, including signal quality, response to consumer complaints, and billing practices has been reasonable in light of community needs (but without regard to the mix, quality, or level of cable services or other services provided over the system);

    (3)   the cable operator has the financial, legal, and technical ability to provide the services, facilities, and equipment in its proposal; and

    (4)   the cable operator's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting the needs and interests.

  (c)   If a preliminary decision is made that a franchise should not be renewed, at the request of the franchisee or  on its own initiative, the County must commence an administrative proceeding under Section 626(c) of the Cable Act. A hearing must be held under Section 2A-8 of this Code. The burden of proof is governed by the Cable Act. The hearing officer must issue a recommended decision consistent with the Cable Act. Parties to the hearing and the public must have 30 days after the recommended decision is issued to comment. The County Executive must recommend that the Council grant of deny an application within 30 calendar days after the deadline for receipt of comments.

  (d)   The Council must hold a public hearing on a renewal application. After the public hearing, the Council must consider all of the evidence, either grant or deny the renewal application by resolution, and give the reasons for its determination in the resolution.

  (e)   The Council must hold a public hearing on any negotiated franchise agreement prior to final Council action on the franchise. This may be done in conjunction with the public hearing held under subsection (d).

  (f)   Notwithstanding subsections (a) through (c) in this section, a franchisee may submit a proposal for renewal of a franchise under 626(h) of the Cable Act. The County must hold one or more public hearing or provide some other procedure for public comment on the proposal. After the public hearing or comment period, the County Executive must recommend that the Council grant or deny the franchise renewal and the terms and conditions of any recommended renewal.

  (g)   The renewal of a franchise is not effective until the franchisee has paid the renewal fee. The County must notify the franchisee of the amount of the renewal fee and how the fee is calculated when the County approves the renewed franchise agreement. The renewal fee must not exceed the County's costs of the renewal process, less the renewal filing fee.

  (h)   If the County denies the renewal of a franchise, and the franchisee does not have other authority to maintain and operate its facilities in the County’s public rights-of-way, the County may, on the recommendation of the County Executive and with the approval of the Council, acquire ownership of the cable system or transfer ownership of the system to another person, subject to applicable law. Any acquisition or transfer under this subsection must be at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise itself, subject to applicable law.

  (i)   If the County does not renew a franchise and the franchisee does not have other authority to maintain and operate its facilities in the County’s public rights-of-way, and the County does not buy the cable system, the County may require the former franchisee to remove its facilities and equipment, subject to applicable law. If the former franchisee fails to do so within a reasonable period of time, the County may remove the facilities and equipment at the former franchisee's or the surety's expense or at the expense of both, subject to applicable law.

**Sec. 8A-23. Transfers.**

  (a)   A transfer of a franchise, or a transfer of an interest in a franchisee that results in a change in ownership interest of a franchise of 5 percent or more, must not occur without prior approval by the County. However, a transfer of an interest to a person who already holds an ownership interest of 25 percent or more does not require prior County approval if transfer of a franchise does not occur. A transfer of a franchise will not be approved by the County when the transferor has held the franchise less than 3 years unless the County finds that the transfer is necessary and in the best interests of the County and its residents.

  (b)    An application to transfer a franchise must meet the requirements of Section 8A-8(b) and provide complete information on the proposed transaction, including the legal, character, financial, technical, and other pertinent qualifications of the transferee, and on the potential impact of the transfer on subscriber services or rates. The proposed transferee must provide all information required in Section 8A-8(d)(1) through (3), (10), and (12). The information required in Section 8A-8(d)(4) through (9) must also be provided if the proposed transferee expects material changes to occur in those areas as a result of the transfer.

  (c)    An application for transfer of an interest in a franchisee must describe the proposed transaction in detail and identify the interest to be transferred, the transferor, and transferee. If the proposed transferee is not a current equity owner of the franchisee, the application must include the information required by Section 8A-8(d)(1) and (2).

  (d)   An application for a transfer must provide all documents and information related to the transaction and to the financial position of the cable system before and after the proposed transaction.

  (e)    A public hearing must be held on an application for transfer of an interest in a franchisee of 25 percent or more.

  (f)    Before approving transfer of a franchise, the County must consider the legal, financial, technical and character qualifications of the transferee to operate the system, and whether operation by the proposed franchisee will adversely affect the cable services to subscribers or otherwise be contrary to the public interest. Before approving a transfer of an interest in a franchisee, the County must consider whether the transferee's interest will have any effect on the franchisee's operation of the system, the franchisee's qualifications, or the public interest.

  (g)    The Council must take final action on an application for transfer of a franchise after receiving recommendation from the County Executive. The County Executive may take final action on an application for transfer of an interest.

  (h)    Approval by the County of a transfer of a franchise does not constitute a waiver or release of any of the rights of the County under this Chapter or the franchise agreement, arising before or after the date of the transfer.  A transfer does not waive or release any non-performance that occurred before the transfer.  All previous non-performance becomes the responsibility of the new franchisee unless the County otherwise agrees.

  (i)    The County may impose a grant fee to cover its costs in excess of the filing fee in considering an application for transfer of a franchise, except for the transfer of any franchise granted before January 1, 1988.

  (j)   Any entity guaranteeing the performance of a franchisee may apply to the County for release for release of the guarantee if:

    (1)   The franchisee has, for 5 consecutive years, complied with the franchise agreement and this Chapter; and

    (2)   A guarantor which controls the franchisee promises to not interfere with the franchisee’s performance of its obligations under the franchise agreement and this Chapter.

**Sec. 8A-24. Revocation or termination of franchise.**

  (a)   A franchise may be revoked by the County on the recommendation of the County Executive and with the approval of the Council, for failure to construct, operate, or maintain the cable system as required by this Chapter or the franchise agreement, or for some other material breach of this Chapter or the franchise agreement. If the County has issued a franchise specifically conditioned upon the completion of construction or other specific obligations by a specified date under Section 8A-9(c), failure of the franchisee to complete construction or comply with other specific obligations as required will result in the automatic forfeiture of the franchise without further action by the County. However, the County, at its discretion and for good cause shown by the franchisee, may grant an extension of time. The County must give a franchisee written notice that it is in material breach of this Chapter or the franchise agreement. If the franchisee does not correct the breach within 30 days of the notice, or corrective action is not being actively and expeditiously pursued, the County may give written notice to the franchisee of its intent to revoke the franchise. The County must give the franchisee written notice of the basis for a revocation, stating its reasons. An administrative hearing must be held under the County's Administrative Procedures Act before the County may revoke a franchise. The hearing procedures may be modified by the County Executive where appropriate.

  (b)   The presiding officer must issue a recommended decision after the administrative hearing. The County Executive may provide for the filing of written comments in response to the recommended decision. After the comment period, the County Executive must submit written recommendations to the Council.

  (c)   The Council must hold a public hearing, and then determine by written resolution whether or not to revoke the franchise based on the recommended decision, the recommendations of the County Executive, information presented at the public hearing, and other evidence in the record. The resolution must include reasons for the Council's decision.

  (d)   If the County revokes a franchise, or if for any other reason a franchisee abandons, terminates, or fails to operate or maintain service to its subscribers, and the franchisee does not have other authority to maintain and operate its facilities in the County’s public rights-of-way, the County may, subject to applicable law:

    (1)   require the former franchisee to remove its facilities and equipment at the franchisee's or surety's expense, or at the expense of both, after determining that the cable system cannot be economically maintained and operated;

    (2)   acquire ownership of the cable system at an equitable price on the recommendation of the County Executive and with the approval of the Council;

    (3)   after a public hearing, sell, assign, or transfer all or part of the assets of a cable system abandoned by a franchisee for the best price offer obtainable. However, the legal, character, financial, technical, and other qualifications of the purchaser must meet County approval. The County must pay any consideration received in excess of the County's costs, and after other creditors and subscriber claims have been satisfied, to the original franchisee.

**Sec. 8A-25. Continuity of service mandatory.**

  (a)    All subscribers have the right to receive all available cable services from the franchisee if their financial and other obligations to the franchisee are satisfied.

  (b)    If the franchise is terminated or transferred, the franchisee must do everything in its power to ensure that all subscribers receive continuous, uninterrupted cable service. The franchisee must cooperate with the County to operate the system for a transition period after termination or transfer as necessary to maintain continuity of cable service to all subscribers. The transition period must not exceed 12 months without the franchisee's written consent. During the transition period, the cable system must be operated under terms and conditions to which the County and the franchisee agree, or on such other terms and conditions that will continue, to the extent possible, the same level of cable service to subscribers and that will provide reasonable compensation to the cable operator.

  (c)    If the franchisee discontinues service to its subscribers without County approval, the franchise may be terminated immediately, and if the franchisee does not have other authority to maintain and operate its facilities in the County’s public rights-of-way, the County may take possession of all facilities and property, real and personal, related to the cable system for the purpose of operating the system. The County may undertake such operation itself or authorize operation by a contractor.

**Sec. 8A-26. Unlawful solicitation or acceptance of gifts.**

  It is unlawful for any person to solicit, accept, or offer any gift, favor, loan, service, promise, employment, or anything of value to a County official or employee, or for a County official or employee to solicit or accept anything of value, for the purpose of influencing the grant, modification, renewal, transfer, or any other matter affecting a franchise or the administration or enforcement of this Chapter.

**Sec. 8A-27. Use of cable funds; Cable Communications Plan.**

  (a)    All access grants, franchise fees, and other moneys received by the County from any franchisee may be spent only under a budget approved by the Council and in accordance with the County cable communication plan.

  (b)    The cable communications plan must be proposed by the County Executive to the Council annually and may be amended at any time. The County Executive should consult with the franchisee and the appropriate persons in the preparation of the plan or any amendments to it.

  (c)    Except as provided in subsection (f), the cable communications plan is subject to County Council approval. If the Council does not act on the plan within 75 days after receiving the plan, the plan is approved as submitted.  The Council by resolution may extend the time for action on the plan for up to 15 days. The Council may approve, disapprove, or amend any plan that is subject to Council approval.  The Council should consider a plan at a level of detail and according to procedures similar to the detail and procedures the Council uses to adopt the County budget.  Any reference in this subsection to a cable communications plan also includes any amendment to a plan.

  (d)    Upon approval of the cable communications plan or plan amendment by the Council, it must be delivered to the County Executive, who, within 10 days, may disapprove or reduce any item of expenditure. Upon disapproval or reduction of any item, the County Executive must return the plan or plan amendment to the Council with the reasons for the disapproval or reduction stated in writing. The Council may, within 30 days of receipt of the stated reasons for disapproval or reduction, approve any item by 6 affirmative votes notwithstanding the County Executive's objections.

  (e)    The County Executive may amend the cable communications plan without Council approval to transfer up to 10% of a grant from one major activity to another or between activities within the plan.

**Sec. 8A-28. Administration.**

  (a)    The County may administer and enforce a cable television franchise and franchise agreement on behalf of a municipality that adopts this Chapter and enters into an agreement with the County governing administration and enforcement. The County must consult with and coordinate its actions on major regulatory or administrative matters with the affected participating municipalities.

  (b)    The County Executive must administer and enforce this Chapter and any franchise agreement, including:

    (1)   adjusting any rate of interest, fee, bond, or insurance coverage amount to comply with the highest minimum requirements of this Chapter or a franchise agreement;

    (2)   except as provided in Section 8A-31, establishing procedures for conducting public hearings and other proceedings required by this Chapter or a franchise agreement;

    (3)   except as provided in Section 8A-31, conducting public hearings, including designating hearing officers;

    (4)   adopting regulations under method (2) to implement federal law, this Chapter, and all franchise agreements, except that the Executive must issue regulations establishing application filing fees under method (3);

    (5)   coordinating management and operation of County government access channels;

    (6)   providing technical, programming, and operational support to public agency users of a cable system;

    (7)   planning and evaluating cable use and the development of cable services;

    (8)   approving a transfer of an interest in a franchisee;

    (9)   approving modifications of a franchise agreement that do not substantially alter material provisions of the franchise; and

    (10)   issuing requests for proposals for franchises.

  (c)    Actions by the County Executive in the following matters are subject to approval and modification by the Council:

    (1)   granting or renewing a franchise;

    (2)   approving transfer of a franchise;

    (3)   revoking a franchise;

    (4)   buying or selling a cable system by the County; and

    (5)   modifying a franchise agreement in a manner that substantially alters material provisions of the franchise.

  (d)    Any action by the County Executive that requires approval of the Council is deemed approved by the Council unless disapproved within 60 days after the Council receives the County Executive's recommended action. The 60-day period does not include any week when the Council does not meet in regular session. The Council by resolution may extend the deadline for action for no more than one additional 60-day period.

  (e)    The County Executive must transmit a copy of all amendments to a franchise agreement considered not to substantially alter material provisions of the franchise to the Council and each participating municipality for their information within 15 days of their execution.

  Sec. 2. Service-level requirements for cable modem service.  The County Executive must issue regulations under method (2) establishing minimum cable modem service levels that a franchisee must provide.  The regulations supersede any less-stringent requirements in a franchise or subscriber agreement.

  Sec. 3. Transition.

  (a) This Act applies to each current or future franchise, franchisee, subscriber, or other person subject to the requirements of the County Cable Communications Act, as amended by this and any future Act, and supersedes any contrary regulation, franchise, franchise agreement, subscriber agreement, or other agreement. The complaint adjudication provisions in Chapter 8A of the Code, as amended by this Act, apply to any complaint pending on, or filed on or after, the date this Act takes effect [March 6, 2003].  Section 8A-31A(i) applies to any subscriber agreement modified or entered into after this Act becomes law [December 5, 2002].

  (b) The County Executive must designate the initial term of 2 members of the Cable Compliance Commission as 2 years.  Any later term of these 2 members, and the terms of all other members, mut be 3 years.

  Sec. 4. Expiration date.  This Act expires on December 31, 2005.

**Sec. 8A-29. Municipal participation.**

  (a)    On behalf of the participating municipalities, the County must assure that:

    (1)   the original cable system is constructed within municipal boundaries as soon as it is constructed in adjacent areas;

    (2)   there is no discrimination against participating municipalities in the array of channels and services offered; and

    (3)   there is reasonable technical support and access channel capacity available for municipal programming.

  (b)

    (1)   The County must pay a portion of gross franchise fee revenues to each participating municipality.  The portion is equal to 70 percent of the municipality’s share of gross franchise fee revenues.  The municipality’s share is the same percentage of gross franchise fee revenues as the percentage of all cable subscribers in the County who live in the municipality.  The County must retain the remaining 30 percent of the municipality’s share as compensation for administering the franchise for the participating municipality and for County expenses for use of the cable system for public and educational purposes.  For example, if 1 percent of all subscribers in the County live in a participating municipality, the County must pay 0.70 percent of gross franchise fee revenues to the municipality.

    (2)   The County must pay participating municipalities periodically, at least once a year, for franchise fee revenues received during the preceding period.

  (c)    Any cable advisory committee or board created by the County must include a voting representative designated by the Montgomery County Chapter of the Maryland Municipal League, the City of Rockville and the City of Takoma Park, if the advisory committee or board to be concerned with franchises or cable operations in which those entities, or their members, are participating municipalities.

**Sec. 8A-30. Cable and Communications Advisory Committee.**

  (a)   Established.  The Cable and Communications Advisory Committee may provide advice and recommendations to the County Executive, County Council, and the Department of Technology and Enterprise Business Solutions on all telecommunications issues, including the administration of this Chapter and any franchise agreement or application.  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (b)   The Advisory Committee should meet quarterly or more frequently if requested by the County Executive or County Council or if the Chair or Committee finds it necessary.

  (c)   The Advisory Committee must have 9 voting members appointed by the Executive and confirmed by the Council for 3-year terms.  The members should broadly represent technology areas.

  (d)   The Executive must appoint one representative selected by the Montgomery County Chapter of the Maryland Municipal League, one representative selected by the City of Rockville, and one representative selected by the City of Takoma Park. However, if any of these organizations do not provide a representative, the representative may be selected from the public at large.

  (e)   The Executive must appoint 6 members selected from the public at large.

  (f)   The members annually must elect the chairperson and vice chairperson of the Committee. A person must not serve more than 2 consecutive terms as chairperson.

  (g)   Members are subject to Chapter 19A.

  Sec. 2. Service-level requirements for cable modem service.  The County Executive must issue regulations under method (2) establishing minimum cable modem service levels that a franchisee must provide.  The regulations supersede any less-stringent requirements in a franchise or subscriber agreement.

  Sec. 3. Transition.

  (a) This Act applies to each current or future franchise, franchisee, subscriber, or other person subject to the requirements of the County Cable Communications Act, as amended by this and any future Act, and supersedes any contrary regulation, franchise, franchise agreement, subscriber agreement, or other agreement. The complaint adjudication provisions in Chapter 8A of the Code, as amended by this Act, apply to any complaint pending on, or filed on or after, the date this Act takes effect [March 6, 2003].  Section 8A-31A(i) applies to any subscriber agreement modified or entered into after this Act becomes law [December 5, 2002].

  (b) The County Executive must designate the initial term of 2 members of the Cable Compliance Commission as 2 years.  Any later term of these 2 members, and the terms of all other members, mut be 3 years.

  Sec. 4. Expiration date.  This Act expires on December 31, 2005.

**Sec. 8A-31. Cable Compliance Commission.**

  (a)   Established.  The Cable Compliance Commission is established to adjudicate subscriber complaints involving customer cable service and other consumer protection claims that arise under this Chapter, any regulation adopted or franchise agreement approved under this Chapter, or Section 11-4A.

  (b)   Membership.  The Commission is comprised of 5 voting members appointed by the County Executive and confirmed by the County Council.  Each appointee must be appointed to a 3-year term.  The Commission should include:

    (1)   a cable television service subscriber;

    (2)   a broadband Internet service subscriber;

    (3)   an individual with general business experience; and

    (4)   an individual with technical experience in communications.

  (c)   Officers.  The Commissioners annually must elect a chair and vice chair of the Commission.  An individual must not serve more than 2 consecutive terms as chair.

  (d)   Reserved.

  (e)   Ethics.  Each member of the Commission is subject to Chapter 19A.

  (f)   Authority.  The Commission may:

    (1)   Require a franchisee to provide a refund to a complainant.

    (2)   Appoint a qualified person to mediate a case if the complainant and respondent agree to binding or non-binding mediation.  A consent order resulting from mediation and approved by the Commission is an order of the Commission.  If the mediator or the Commission finds that the parties are not likely to agree to a mediated consent order within a reasonable time, the Commission must decide the case.

    (3)   Order a franchisee to pay damages of up to $1,000 to a person injured or aggrieved by the franchisee’s actions.  This limit applies separately to each violation.

  (g)   Hearing Procedures.

    (1)   The Administrative Procedures Act (Article II of Chapter 2A) applies to a complaint filed with the Commission and governs the Commission’s hearings and decisions, unless otherwise expressly provided in this Chapter.  The Commission may issue procedural rules under method (2) to implement this subsection.

    (2)   Before filing a complaint with the Commission, a complainant must file the complaint with the county cable administrator.  If the cable administrator is unable to resolve the complaint to the complainant’s satisfaction within 30 days, the complainant may file the complaint with the Commission.

    (3)   If the Commission decides to conduct a public hearing on the complaint, the Commission must notify the complainant, the franchisee, the county cable administrator or the County’s Chief Information Officer (CIO), and any other person that Commission rules require to be notified.  Except as provided in Section 2A-9, the notice must be sent at least 15 days before the hearing.  The Commission may hold a hearing at the request of any party to the complaint (which may include the cable administrator or CIO) or on the Commission’s own initiative, or may decide a complaint without a hearing.

  (h)   Legal representation.  The County Attorney must provide legal advice and representation to the Commission and must enforce any Commission order.  The County Attorney may represent the interests of the County in any proceeding before the Commission, consistent with policies established by the Council.

  (i)   Conflicting subscriber agreement.  Any provision in a subscriber agreement, whether written or oral, that conflicts with this Chapter, a franchise agreement, or any regulation or other legal requirement is unenforceable.  An unenforceable provision does not affect other provisions of the subscriber agreement that can be given effect without the unenforceable provision.  “Subscriber agreement” includes any agreement that the franchisee requires a subscriber to agree to as a condition of receiving cable service or any other products and services.

  (j)   Fee.  The Executive may issue regulations under method (3) setting a reasonable fee for filing a complaint with the Commission.  The filer must pay the fee to the County when filing a complaint.  The Commission, cable administrator, or CIO may waive the filing fee upon request if the fee would be a financial hardship for the complainant.  If the parties agree to a consent order after mediation, the Commission may refund the filing fee.  The Commission may order the losing party to pay another party’s filing fees or other reasonable expenses related to the hearing, including attorney’s fees, in addition to ordering payment of damages.

  (k)   Staff and other support.  The Chief Administrative Officer must provide the services and County facilities that are reasonably necessary for the Commission to perform its duties.

  Sec. 2. Service-level requirements for cable modem service.  The County Executive must issue regulations under method (2) establishing minimum cable modem service levels that a franchisee must provide.  The regulations supersede any less-stringent requirements in a franchise or subscriber agreement.

  Sec. 3. Transition.

  (a) This Act applies to each current or future franchise, franchisee, subscriber, or other person subject to the requirements of the County Cable Communications Act, as amended by this and any future Act, and supersedes any contrary regulation, franchise, franchise agreement, subscriber agreement, or other agreement. The complaint adjudication provisions in Chapter 8A of the Code, as amended by this Act, apply to any complaint pending on, or filed on or after, the date this Act takes effect [March 6, 2003].  Section 8A-31A(i) applies to any subscriber agreement modified or entered into after this Act becomes law [December 5, 2002].

  (b) The County Executive must designate the initial term of 2 members of the Cable Compliance Commission as 2 years.  Any later term of these 2 members, and the terms of all other members, must be 3 years.

  Sec. 4. Expiration date.  This Act expires on December 31, 2005.

**Sec. 8A-32. Community media organizations.**

  (a)    The County may contract with one or more community media organizations using funds from the Cable TV Special Revenue Fund or any other funds the County designates for community media in the approved County budget and under the County cable communications plan. Unless prohibited or otherwise limited under its contract with the County, the cable communications plan, or any executive regulation, a community media organization may also receive revenues from other sources.

  (b)   The purpose of a community media organization is to provide community media training, equipment, facilities, centers, and community media engagement platforms to enable residents, businesses and community organizations to engage with, connect to, and inform other residents, businesses, community organizations, governments and agencies by using community media. Supporting community engagement, communication, and education through community media and use of community media engagement platforms builds better understanding among a diverse population, increases opportunities for participation in and awareness of local culture and government, and promotes quality of life and economic development.

  (c)   The County may require a community media organization to perform one or more of the following functions as specified in the contract between the County and the community media organization:

    (1)   manage the community media engagement platforms, including public access channels assigned to it by the County, community media websites and social media, and manage community media centers, facilities, and equipment;

    (2)   establish policies and procedures for the use of any community media engagement platform and any community media center, facility, or equipment;

    (3)   train members of the community in the production of community media and use of any community media engagement platform;

    (4)   maintain any community media engagement platform and community media center, facility, or equipment for community use, including use by the general public, any community organization, and the business community;

    (5)   provide technical community media engagement platform and community media center, facility and equipment assistance and support to the County, any participating municipality, and any educational institution;

    (6)   promote the use and benefits of community media and any community media engagement platform;

    (7)   produce and distribute local community media, including community news, programs and other media content; and

    (8)   undertake any other community media-related activity specified by the County as being in the public interest.

  (d)   A community media organization must:

    (1)   determine independently in the public interest and without government interference the content and scheduling of programming for any community media engagement platform;

    (2)   develop and implement policies to ensure fair, non-partisan and unbiased coverage of issues on any community media engagement platform and may not promote the candidacy of any candidate for public office by extending opportunities for use not extended to other candidates for the same office;

    (3)   develop and implement policies and programs that promote organizational sustainability and viability;

    (4)   promote and encourage creation of community media content representing a diversity of community interests and needs; and

    (5)   make a good faith effort to meet the affirmative action and minority, female, and disabled procurement goals that apply to County government.

  (e)   Any officer, director, or executive director of a community media organization must annually disclose, confidentially and in writing, any communications-related activity or interest to the governing board of directors for the community media organization.

  (f)   A community media organization must provide a copy of its current articles of incorporation and bylaws to the County Executive and the County Council before the organization contracts with the County. Any proposed amendments must be submitted to the County Executive and County Council for review and comment at least 60 days before the organization takes final action on the amendment. The organization must submit a copy of all adopted amendments to the Executive and the Council within 5 working days of adoption. The organization’s articles of incorporation and bylaws are subject to all County laws, including those enacted after the County contracts with the organization.

  (g)   A community media organization must provide the County with regular and complete financial reports as well as all other reports required under its contract with the County.

In addition, it must provide the County with an annual independent audit, including a copy of any accompanying management letter.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 10A. Child Care.

### Article 1. Child Care.

**Sec. 10A-1. Reserved.**

**Sec. 10A-2. Child Care Expansion and Quality Enhancement Initiative.**

  (a)   Definitions. In this Article, the following words have the meanings indicated:

    Department means the Department of Health and Human Services.

    Director means the Director of the Department or the Director’s designee.

    Family child care provider has the same meaning as in Section 5-550 of the Family Law Article of the Maryland Code or any successor provision.

  (b)   Initiative. The Department must:

    (1)   at least quarterly, hold an information session:

      (A)   for prospective family child care providers, on the steps necessary to become registered or licensed by the State; and

      (B)   for licensed family child care providers, on the steps necessary to achieve State, regional, or national accreditation;

    (2)   provide technical assistance and coordinate business training to family child care providers;

    (3)   if a potential family child care provider is pursuing registration or licensing and has submitted an application to the State Office of Child Care, provide technical assistance and general program support to the provider; and

    (4)   provide services in Spanish, and other languages as requested, in a culturally competent manner.

  (c)   Regulations. The Executive may adopt regulations under Method (2) to administer the Initiative.

### Article 2. Reserved.

**Sec. 10A-3. Reserved.**

### Article 3. Commission on Child Care.

**Sec. 10A-4. Commission on child care.**

  (a)   Definitions. In this Section, unless the context indicates otherwise:

    (1)   Commission means the Commission on Child Care.

    (2)   Child care means caring for a child on a regular basis for pay.

  (b)   Findings and purpose.

    (1)   The increasing number of single-parent families and families in which both parents work outside the home has increased dramatically the need for infant, preschool and before- and after-school child care services.

    (2)   Parents of all income levels need high-quality, affordable and accessible child care in order to help strengthen families, increase the productivity of the County’s work force, and further many of the County’s economic development and social objectives.

    (3)   Montgomery County government has a responsibility to develop a comprehensive package of initiatives and policies designed to help families meet the wide variety of child care needs.

    (4)   The purpose of the Commission is to advise the County Executive and the County Council on the development of government policies, programs and services that enhance community support for high-quality, affordable and accessible child care.

  (c)   Membership of Commission.

    (1)   The members of the Commission are appointed by the County Executive, subject to confirmation by the County Council.

    (2)   The Commission has 17 voting members and 6 to 8 nonvoting members. The County Executive should appoint the voting members so that:

      (A)   Seven members are providers of child care services. The Executive should appoint providers of different types of child care services and providers to different age groups. These include family day care providers, group day care providers, private educational institutions, and providers serving infants, toddlers, pre-school and school-age children, and children with special needs.

      (B)   Five members are parents of children receiving child care services.

      (C)   Five members are selected from the business community and the general public.

    (3)   The Superintendent of Schools, the Chairman of the Montgomery County Planning Board, the President of Montgomery College, or their designees, are nonvoting members of the Commission. Two designees of the Director of the Department of Health and Human Services and one designee of the Director of the Community Use of Public Facilities are also nonvoting members of the Commission. In addition, upon

    (4)   Each member must reside or work in Montgomery County.

  (d)   Officers. For the Commission’s first year, the County Executive must appoint a chairperson and a vice-chairperson from among the members, subject to confirmation by the County Council. Thereafter, the Commission must annually elect one member as chairperson and another member as vice-chairperson. The terms of the chairperson and vice-chairperson are each one year.

  (e)   Term.

    (1)   Commission members serve for 3 years.

    (2)   A member must not serve more than 2 consecutive 3-year terms.

  (f)   Duties.

    (1)   The Commission must issue an annual report by October 1 of each year that addresses the County’s child care needs and that recommends short- and long-term priorities the County government should follow to improve services in support of child care. The Division on Child Care must assist the Commission in preparing the report.

    (2)   In order to develop the report, the Commission may:

      a.   Create special task forces, hold public hearings, and collect information to identify and assess needs, review services, programs and policies, and plan new strategies for supporting child care;

      b.   Analyze data on child care needs and services delivered by public and private agencies in Montgomery County;

      c.   Evaluate County government policies, funding, and programs affecting child care;

      d.   Promote the coordination of child care programs and policies among County government agencies;

      e.   Promote cooperation among the County government, the community, and business in addressing child care needs;

      f.   Make recommendations regarding the need for and use of public funds to be spent on behalf of child care services;

      g.   Recommend to the County Executive and County Council new sources of funds for child care;

      h.   Review standards for licensing and operation of child care services and programs;

      i.   Provide public information on child care programs and services in the County;

      j.   Participate in the activities of the State Office of Children and Youth;

      k.   Review federal and state policies affecting provision of child care;

      l.   Recommend policies, actions, programs, or legislation the Commission deems necessary to increase the quality, availability, and affordability of child care services;

      m.   Coordinate work with the Commission on Children and Youth and should not duplicate the work of the Commission on Children and Youth; and

      n.   Take any action the Commission finds would further the purposes of this Section.

  (g)   Compensation. A member must not receive compensation for serving on the Commission.

  (h)   Meetings.

    (1)   The Commission must meet at least 6 times a year on a day and at a time set by the Commission. The Commission may meet at other times at the call of the Chair or at the request of 9 members of the Commission.

    (2)   A majority of the members of the Commission constitutes a quorum for transacting of business.

    (3)   Action by the Commission requires a majority vote of those present.

  (i)   Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (j)   Procedures. The Commission may establish its own rules of procedure.

  (k)   Staff support. The Director of the Department of Health and Human Services must provide staff services and administrative support to the Commission.

### Article 4. Child Care Facilities Impact Statements.

**Sec. 10A-5. Child Care facilities impact statements.**

  (a)   For each applicable capital project in the Capital Improvements Program during facility planning, the Office of Management and Budget must include in or transmit with the CIP an analysis of:

    (1)   the feasibility of including child care facilities in the project; and

    (2)   what capital or operating budget modifications, if any, would be needed to include child care facilities in the project.

  (b)   The child care analysis submitted by OMB should discuss at least the following issues related to the capital project:

    (1)   compatibility of child care with the underlying project;

    (2)   local availability of and demand for child care in the area of the project; and

    (3)   conformity of child care facilities to applicable zoning and land use plans.

  (c)   Each child care analysis under this Section should assign highest priority to the provisions of high quality child care in areas where the provision of child care may not otherwise be financially feasible due to large numbers of low-income parents and the resulting need for significant subsidies.

  (d)   As used in this section, applicable capital project means any proposed building project administered by the Department of General Services or the Parking Management Division of the Department of Transportation.

  (e)   In performing its analysis, OMB should consult the Department of Health and Human Services, the Planning Board, and any other County department or agency with expertise in child care.

  (f)   The Council may in the capital budget resolution, and the County Executive may by Method 1 regulation, exempt from this Section a capital project or category of capital projects which by their nature do not require child care analysis.

### Article 5. Child Day Care Facilities Loan Program.

**Sec. 10A-6. Purpose and objectives.**

  (a)    The Director of the Department of Health and Human Services must establish and administer a Child Day Care Facilities Loan Program.

  (b)    The purpose of the program is to increase the number of children who receive licensed day care services in Montgomery County at reasonable costs.

  (c)    The Director may loan funds to operators of child care centers or family day care homes if the funds will:

    (1)   Increase the number of children served;

    (2)   Help a center or home begin operation; or

    (3)   Keep in operation a center or home that otherwise is likely to stop operating.

**Sec. 10A-7. Eligibility.**

  (a)    The director may loan funds to nonprofit or profit-making centers or homes.

  (b)    The director must give highest priority to loans to centers or homes that serve significant percentages of low-income or handicapped children.

  (c)    The recipient of any loan must agree to provide child day care services, to an extent or in an amount set by the department, for at least the term of the loan.

**Sec. 10A-8. Uses of funds.**

  (a)    All funds loaned must be used for capital improvements that are needed to:

    (1)   Establish, or increase the capacity of, the center or home; or

    (2)   Meet licensing, zoning, building, or other government-imposed requirements.

  (b)    Eligible capital improvements include:

    (1)   Buying land or a building;

    (2)   Building, repairing or renovating all or part of a building;

    (3)   Buying furniture or equipment with a useful life of at least 3 years; and

    (4)   Fees for architects, engineers, accountants, lawyers or other professional services needed to buy, build, repair or renovate a building.

**Sec. 10A-9. Loan amounts and rates.**

  (a)    The amount loaned to any single family must not exceed $10,000.

  (b)    The director must charge an interest rate that is below prevailing commercial rates, and which reflects the county’s current cost of borrowing funds and the cost of administering the program.

  (c)    A loan made under this program may supplement a loan made or guaranteed under any other government program.

**Sec. 10A-10. Loan procedures.**

  (a)    The director must select a loan review committee to recommend the disposition of each loan application. The director must approve each loan.

  (b)    The County Executive must adopt regulations under method (2) to administer the loan program. These regulations should include:

    (1)   Lending standards and priorities;

    (2)   Interest rates, terms and conditions;

    (3)   Payment schedules, which may be granted;

    (4)   Application procedures, and ways to document need;

    (5)   Procedures for referring applicants to other sources of funds, and for cooperating with other public and private sources of funds;

    (6)   Procedures to ask the director to reconsider any denial of a loan or any decision on interest rate, terms and conditions;

    (7)   Criteria for adequate security; and

    (8)   Procedures for nonpayment or default.

**Sec. 10A-11. Revolving loan fund.**

  (a)    The Department of Finance must create and administer a revolving fund for the Child Day Care Facilities Loan Program. All appropriations and other receipts for the program must be placed in the fund, and all payments for the program must originate in the fund. The outstanding loan balance must not exceed $500,000 at any time. If at any time the assets of the fund exceed the $500,000 limit, any surplus must be returned to the General Fund.

  (b)    The Department of Finance must:

    (1)   Disburse funds and collect payments for any loan made under the program;

    (2)   Report any nonpayment or default to the Department of Health and Human Services; and

    (3)   Maintain loan records and provide an annual report to the Department of Health and Human Services.

### Article 6. Early Care and Education Coordinating Entity.

**Sec. 10A-12. Early Care and Education Coordinating Entity.**

  (a)   Findings and definitions.

    (1)   Early care and education is an essential service and economic imperative for the well-being of children, families, employers, and the greater community.

    (2)   High quality ECE services prepare young children to enter school ready to learn and start on a pathway of success in life.

    (3)   Accessible ECE programs are economic drivers that allow parents to participate in the workforce and support the local economy. ECE programs play a key role in workforce development by attracting and retaining a talented workforce through support to families with young children, and by addressing the opportunity gap to ensure a future skilled workforce by addressing the opportunity gap.

    (4)   A strong system of high quality, accessible, sustainable ECE is needed to support the well-being of children and families in the County and eliminate systemic racism and structures that have been barriers for vulnerable, racially and ethnically diverse populations.

    (5)   Designating an independent nonprofit entity to work with key stakeholders will ensure community priorities are reflected in a collaborative and robust system that supports all residents having access to high quality, affordable early care and education.

    (6)   For purposes of this Section, the following terms have the meanings indicated.

      (A)   ECE means early care and education.

      (B)   ECE seat means the capacity of an ECE provider to enroll a child in ECE.

      (C)   ECE stakeholder includes parents, caregivers, guardians, employers, ECE providers, philanthropy, nonprofit and business communities, and the public sector.

      (D)   Entity means the early care and education coordinating entity under this Section.

      (E)   Public sector includes the Department of Health and Human Services, Department of Recreation, Montgomery County Public Libraries, Montgomery County Public Schools, institutions of higher education, including Montgomery College and the Universities at Shady Grove, and any County board, committee, or commission that advises the County regarding ECE issues.

  (b)   Designation.

    (1)   The Council must designate, by resolution approved by the Executive, a single nonprofit corporation which complies with all requirements and criteria of this Section as the County’s Early Care and Education Coordinating Entity. If the Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes.

    (2)   To continue to qualify as the County’s Early Care and Education Coordinating Entity, the Entity’s articles of incorporation and bylaws must comply with all requirements of this Section.

    (3)   Any designation under this Section expires 3 years after the resolution is adopted unless the Council extends the designation by adopting another resolution under this Section.

    (4)   The Council at any time may suspend or revoke the designation of a corporation as the County’s Early Care and Education Coordinating Entity by resolution, adopted after at least 15 days public notice that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, readopted by a vote of at least 6 Councilmembers.

  (c)   Board of Directors. To qualify as the County’s Early Care and Education Coordinating Entity, the Entity’s Board of Directors must have no more than 7 ex-officio voting members and 12 other voting members appointed by the County Executive and confirmed by the County Council. Each member must reside or work in the County. Each member appointed from the public sector as an ex officio member represents the public interest and is not precluded from participating in a matter as a board member if that member’s government employer is a party to the matter. The Executive should appoint the following ex officio voting members:

    (1)   a Council staff member with expertise in early childhood education;

    (2)   2 representatives jointly designated by the County Board of Education and the Superintendent of Montgomery County Public Schools;

    (3)   2 representatives of the County Department of Health and Human Services;

    (4)   a representative of the Office of Management and Budget; and

    (5)   a representative of an institution of higher education.

The Executive should appoint the following voting members:

    (1)   3 parents or guardians with children in childcare and/or pre-kindergarten programs, including 2 parents or guardians who earn no more than the self-sufficiency standard of Montgomery County;

    (2)   2 center based early care and education providers;

    (3)   2 family child care providers;

    (4)   2 representatives of an employer who is not an early childhood education provider;

    (5)   a representative of a philanthropic foundation; and

    (6)   2 representatives of a nonprofit corporation focused on equity and inclusion, youth development, economic development, or workforce development.

The Board must permit the County Executive, the County Council’s Lead for Early Care and Education, and the President of the Montgomery County Board of Education, or a designee of each public official, to attend and participate at each Board meeting without voting. The Executive must strive to achieve Board representation from diverse geographic areas, socio-economic groups, and ethnic groups.

  (d)   Leadership. The Board must elect a chair and vice-chair from its members.

  (e)   Term; Removal.

    (1)   Board members serve for three years. The individual terms of the voting members must be staggered. Of the voting members first appointed, approximately one-third must be appointed for a 1-year term, approximately one-third must be appointed for a 2-year term, and approximately one-third must be appointed for a 3-year term. A voting member appointed to fill a vacancy serves the rest of the unexpired term. The Executive may reappoint a member, but a member who is not a government official or a designee of a government official must not serve more than 2 consecutive full terms, not including any portion of an unexpired term. A voting member continues in office until his or her successor is appointed and confirmed.

    (2)   The Executive may remove a member for violation of law or other good cause specified in the bylaws of the corporation, after giving the Council at least 15 days’ notice of the proposed removal.

  (f)   Compensation for Board Members.

    (1)   Except as provided in paragraph (2), a member of the Board must serve without compensation. The corporation may reimburse a member who is not a government official or a designee of a government official for expenses incurred in attending meetings or carrying out other duties, including travel and dependent care costs at rates established by the County.

    (2)   The Entity may adopt guidelines based on need to provide stipends to members appointed as a parent of a child enrolled in an early child care or early education program.

    (3)   A member is not eligible to receive benefits under any County retirement system for serving as a Board Member.

  (g)   Ethics.

    (1)   A member is not subject to Chapter 19A because of serving on the Board. The Entity’s bylaws must protect against any conflict of interest or similar impropriety by members of the Board of Directors or the Executive Director or any other employees. The bylaws must include:

      (A)   a prohibition against self-dealing and collusive practices;

      (B)   a provision for the disclosure of a financial or similar interest of any person in any matter before the Entity that may create a conflict of interest;

      (C)   a provision establishing conditions under which a person is disqualified from participating in decisions or other actions in which there is a conflict between the person’s official duties and private interests;

      (D)   appropriate remedies for a violation of the bylaws, including removal or termination; and

      (E)   a policy to protect whistleblowers.

    (2)   Notwithstanding any inconsistent provision of Code §19A-21, a member of the Board of Directors or a staff member of the Entity who engages in legislative, administrative, or executive advocacy as part of that person’s duties is not required to register as a lobbyist under Article V of Chapter 19A because of the advocacy.

  (h)   Status; Incorporation; Bylaws.

    (1)   To qualify as the County’s Early Care and Education Coordinating Entity, the Corporation’s articles of incorporation must provide for the appointment of the members of its Board of Directors as set forth in this Section. The articles of incorporation must also provide that the Entity is:

      (A)   a Maryland nonprofit, non-stock corporation with the purposes and activities limited to those that are permitted to be performed by a corporation that is recognized as exempt from Federal income tax under 26 U.S.C. §501, as amended;

      (B)   not an instrumentality of the County;

      (C)   incorporated for the purpose of serving as the County’s Early Care and Education Coordinating Entity responsible for monitoring and supporting the early care and education system in the County;

      (D)   organized and operated under the laws of the State of Maryland; and

      (E)   headquartered in the County.

    (2)   The Entity’s bylaws may contain any provision necessary to govern and manage the Entity that does not conflict with this Section. The Corporation may exercise all powers and is subject to all requirements which apply to non-stock corporations under the Corporations and Associations Article of the Maryland Code.

    (3)   The bylaws must require the Entity to comply with the Maryland Open Meetings law and the Maryland Public Information Act.

  (i)   Duties. In developing an equitable system of high quality, accessible, sustainable early care and education and eliminating systemic racism and structures that created access barriers for vulnerable, racially and ethnically diverse populations, the Early Care and Education Coordinating Entity must act as a neutral convenor of ECE stakeholders and, in collaboration and consultation with ECE stakeholders:

    (1)   conduct a County-wide needs assessment for ECE programs;

    (2)   identify and analyze specific ECE needs through periodic mapping of ECE services and resources throughout the County;

    (3)   research and evaluate strategies to strengthen and sustain the ECE system in the County;

    (4)   analyze and recommend to the County Executive and County Council how to increase the quantity of, and equitable access to, high-quality ECE programs, including for children whose parents or guardians earn no more than the self-sufficiency standard of Montgomery County, families of children with special needs, and English language learners;

    (5)   create, publish, and periodically update a comprehensive common ECE agenda based upon the consensus of ECE stakeholders;

    (6)   measure outcomes and progress towards the common agenda;

    (7)   engage, educate, and build public awareness about the importance of high-quality ECE programs;

    (8)   advocate at the federal, state, and local levels for greater investment in and improvements to the ECE system;

    (9)   solicit and accept public and private funding to support the work of the Entity under this Section; and

    (10)   use funds only as permitted under subsection (k) of this Section.

  (j)   Racial Equity and Social Justice. To effectively address the complex needs of the County’s racially and economically diverse children and their families and strategically expand access to critical early care and education services to underrepresented populations, the Entity must adopt and implement a racial equity and social justice policy that applies a racial equity and social justice lens into all aspects of the Entity’s operations in alignment with the County’s racial equity and social justice strategic plan. The racial equity and social justice policy must include:

    (1)   a statement of commitment to racial equity and social justice as part of the organization’s core values;

    (2)   active recruitment of potential Board members from diverse backgrounds and outreach to communities of color for consideration by the County Executive and County Council;

    (3)   a formal process to assess Board culture and identify barriers to inclusion in Board participation and leadership;

    (4)   communications and business practices that are tailored to the needs of communities of color and other marginalized communities;

    (5)   a process to identify and address discriminatory or non-inclusive behaviors;

    (6)   organizational policies and procedures that address diversity and inclusion; and

    (7)   a clear, realistic, actionable, and measurable commitment to addressing racial equity that is woven into the governance, culture, and membership of the entity that includes representatives of an inclusive group of community stakeholders.

  (k)   Use of funds by the Entity. The Entity may use funds:

    (1)   from the County if the Department of Health and Human Services, or another County department or office designated by the County Executive, approves the use of funds in accordance with a contract between the County and the Entity; and

    (2)   from an entity other than the County:

      (A)   if the Board, or the Board’s designee, determines that the use of funds:

        (i)   aligns with the common ECE agenda established under subsection (i)(5) of this Section; and

        (ii)   addresses ECE systems-level change; and

      (B)   in accordance with any legal terms and conditions placed upon the use of the funds.

  (l)   Reports.

    (1)   The Board of Directors must report annually on the activities and finances of the Entity and provide an audited financial statement of the Entity to the Executive and Council by October 1 of each year. The report must include:

      (A)   the Entity’s plan to solicit and receive additional public and private funding for its operations;

      (B)   an analysis of available data that measures the progress of early care and education system improvements, including changes in:

        (i)   the level of public and private investment in the ECE system;

        (ii)   the availability and use of ECE seats in the County as a whole and disaggregated for isolated and vulnerable populations;

        (iii)   the provision of ECE seats by private employers; and

        (iv)   school readiness (including academic, physical, and social emotional competencies) rates broken out by total population, race/ethnicity, income categories, and special education status;

      (C)   advocacy and outreach efforts and outcomes for the prior year; and

      (D)   recommendations for developing an equitable system of high quality, accessible, sustainable early care and education.

    (2)   The Entity must make available on its website the Entity’s assessments and recommendations, the common ECE agenda, community mapping, data on outcomes, and links to public data sets, to improve public knowledge of the Entity and its operations, further its mission, and increase the accountability and responsiveness of the ECE system.

    (3)   The Entity must provide the Executive and Council, upon request, all non-confidential data produced and received by the Entity, including research, data related to the delivery of early care and education services, and minutes of Board meetings.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 10B. Common Ownership Communities.

### Article 1. Commission on Common Ownership Communities.

**Sec. 10B-1. Findings; purpose.**

  The Council finds that there is often unequal bargaining power between governing bodies, owners, and residents of homeowners' associations, residential condominiums, and cooperative housing projects. Owners and residents in these common ownership communities are in effect citizens of quasi-governments, which provide services in lieu of government services, levy assessments, and otherwise have a significant impact on the lives and property of owners and residents.

  Owners and residents in common ownership communities require the protection of democratic governance. In furtherance of this goal, the Council finds a need to regulate elections, budget adoption, enforcement procedures, and resolution of disputes with adequate due process protections.  The Council also finds that the creation of a Commission on Common Ownership Communities will through regulation and education promote an equitable balance between the powers of governing bodies, owners, and residents.

  The County Council finds that a Commission on Common Ownership Communities is necessary to advise the County Council, the County Executive, and offices of County government as necessary on ways to:

  (a)   ensure proper establishment and operation of homeowners' associations, condominium associations, and cooperative housing corporations;

  (b)   promote education, public awareness and association membership understanding of the rights and obligations of living in a common ownership community;

  (c)   reduce the number and divisiveness of disputes, and encourage informal resolution of disputes;

  (d)   maintain property values and quality of life in these communities;

  (e)   assist and oversee in the development of coordinated community and government policies, programs, and services which support these communities; and

  (f)   prevent potential public financial liability for repair or replacement of common ownership community facilities.

**Sec. 10B-2. Definitions.**

  In this Chapter, the following words have the following meanings:

  Commission means the Commission on Common Ownership Communities.

  Common ownership community includes:

    (1)   a residential development subject to a declaration enforced by a homeowners’ association, as those terms are used in state law;

    (2)   a residential condominium, as that term is used in state law; and

    (3)   a cooperative housing project, as that term is used in state law.

  Department means the Department of Housing and Community Affairs.

  Director means the Director of the Department of Housing and Community Affairs or the Director’s designee.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 10B-3. Commission on Common Ownership Communities.**

  (a)    The County Executive must appoint, subject to confirmation by the Council, a Commission on Common Ownership Communities. The Commission consists of 15 voting members.

    (1)   Eight members should be selected from unit or lot owners or residents of self-managed and professionally managed condominiums, self-managed and professionally managed cooperative housing corporations, and self-managed and professionally managed homeowners' associations, and may include members or former members of governing boards.

    (2)   Seven members should be selected from persons who are members of professions associated with common ownership communities (such as persons involved in housing development and real estate sales and attorneys who represent community associations, developers, housing management or tenants), including at least one person who is a professional community association manager.

  (b)   Designees of the County Council (if the Council selects a designee), Planning Board, Department of Environmental Protection, Department of Permitting Services, Department of Transportation, and Department of Housing and Community Affairs are ex-officio nonvoting members of the Commission.

  (c)   Each voting member serves a 3-year term. Of the members first appointed, one-third must be appointed for 1-year terms, one-third must be appointed for 2-year terms, and one-third must be appointed for 3-year terms. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.

  (d)   Prior to participation in any Commission matter, each voting member must complete:

    (1)   training required of common ownership community board members under Section 10B-7(c); and

    (2)   training in the State and local laws on matters within the jurisdiction of the Commission provided or otherwise approved by the County Attorney.

  (e)   The County Executive, with the consent of the Council, may remove a voting member of the Commission for neglect of or inability to perform the duties of the office, misconduct in office, or serious violation of law. Before the Executive removes a member, the Executive must give the member notice of the reason for removal and a fair opportunity to reply.

  (f)   Section 2-148(b) applies only to voting members of the Commission.

  (g)   The Commission must elect one voting member as Chair and another as Vice Chair, to serve at the pleasure of the Commission, and may elect other officers as it determines.

  (h)   Voting members of the Commission receive no compensation for their services.

  (i)   The Commission meets at the call of the Chair as often as required to perform its duties, but at least once each month. A majority of the voting members are a quorum for the transaction of business, and a majority of the quorum present at any meeting may take any official action.

  (j)   The Office must provide the Commission with staff, offices and supplies as are appropriated for it.

  (k)   The Commission must submit an annual report by September 1 to the County Executive and the County Council summarizing its activities, needs, and recommendations, and the extent to which the goals of this Chapter are being met.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 10B-4. Administrative support.**

  In selecting staff to carry out the Department’s responsibilities under this Chapter, the Director must consider the recommendations of the Commission.

**Sec. 10B-5. Duties of the Department of Housing and Community Affairs.**

  The Department, in consultation with the Commission, must:

  (a)   research, assemble, analyze and disseminate pertinent data and educational materials about activities and programs which assist common ownership communities; plan and conduct educational and other programs, meetings and conferences to promote the operation of common ownership communities;

  (b)   maintain a master roster of homeowners' associations, condominiums, and cooperatives, their leadership, and their professional management companies if applicable;

  (c)   develop and maintain an information and referral system for all services in the County related directly to common ownership communities, and recommend other services when needed;

  (d)   maintain a collection of common ownership community association documents for use as a model and for reference;

  (e)   provide technical assistance to association governing bodies on matters such as transition, elections, rules adoption and enforcement, selection of association managers, storm water management and other services;

  (f)   develop and maintain a manual for the mutual benefit of common ownership communities and government agencies;

  (g)   develop and maintain an operations manual which will serve as a guide on operations to common ownership community leadership;

  (h)   advise common ownership communities and professional association managers of changes in the laws and regulations that affect their communities or operations;

  (i)   operate a dispute resolution process to furnish mediation and administrative hearings; and

  (j)   assist the Commission in carrying out its duties and in implementing Commission decisions under Article 2.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 10B-6. Duties of the Commission on Common Ownership Communities.**

  The Commission must:

  (a)   adopt rules and procedures as necessary to carry out the purposes of this Chapter;

  (b)   keep a record of its activities and minutes of all meetings, which must be kept on file and open to the public at reasonable business hours upon request;

  (c)   cooperate with the County Executive and all government agencies concerned with matters within the jurisdiction of the Commission;

  (d)   examine by means of public or private meetings, conferences, and public hearings, conditions in common ownership communities which may result in unmet community, resident, or public needs;

  (e)   advise the citizens of the County, the County Council, and the County Executive, and County, state, and federal agencies on matters involving common ownership communities, and recommend such programs, procedures, or legislation as it finds necessary;

  (f)   provide training on the responsibilities of a board member for members of the governing body of a common ownership community by:

    (1)   developing an educational curriculum for new members;

    (2)   offering training for Board members, either in person, on-line, or by other electronic means; and

    (3)   approving an alternative educational curriculum for new members administered by other organizations;

  (g)   establish hearing panels to adjudicate cases on which the Commission accepts jurisdiction.

**Sec. 10B-7. Requirements for registration; fees, and board training.**

  (a)   Association registration.

    (1)   Each common ownership community must register with the Commission annually, and submit the information required on the registration form provided by the Commission.

    (2)   Failure to register, or making a false statement on a registration form, is a class A violation and also makes the community ineligible to file a dispute under Article 2.

    (3)   The governing body of a homeowners’ association, the council of unit owners of a condominium, and the board of directors of a cooperative housing corporation are responsible for compliance with this subsection, including the payment of any registration fee.

  (b)   The County Executive by regulation adopted under method (2) may establish reasonable fees in amounts sufficient to fund the provision of dispute resolution and technical assistance by the Commission and the Department. These fees may include:

    (1)   a per unit annual charge to common ownership communities to renew registration;

    (2)   fees for service, that seek to recover the actual cost of the service, for technical assistance and dispute resolution; and

    (3)   a per unit charge to developers when documents are recorded.

  (c)   Training.

    (1)   Within 90 days after being elected or appointed to the governing body for the first time, a member of the governing body of a common ownership community must successfully complete the educational curriculum approved by the Commission. The governing body must:

      (A)   certify that each member has successfully completed this training to the Commission;

      (B)   retain a copy of the training certificate for inspection by the members of the association for the duration of the governing body member’s service; and

      (C)   report to the Commission that each member has successfully completed the training within 90 days after each member has been appointed or elected.

    (2)   Each member of the governing body must maintain a training certificate. A training certificate issued under this Section is valid for 3 years.

    (3)   A failure to satisfy the training requirement in this subsection does not:

      (A)   remove the member from the governing body; or

      (B)   invalidate a vote made by the member.

  (d)   A hearing panel or a hearing examiner may consider a board member’s failure to complete the training required under this Section, if relevant, in deciding a dispute under Section 10B-13.

**Sec. 10B-7A. Notification requirements.**

  The governing body of a community association must, at least annually, distribute information to all owners about the availability of dispute resolution, education, and other services to owners and residents of common ownership communities through the Department and the Commission.  The governing body may satisfy this requirement by including with any annual notice or other mailing to all members of the community association the form developed by the Department to describe the Commission’s services.

### Article 2. Dispute Resolution.

**Sec. 10B-8. Defined terms.**

  In this Article and Article 3, the following terms have the following meanings:

  (1)   Association document means:

    (A)   the master deeds, declaration, incorporation documents, bylaws, and rules of any common ownership community;

    (B)   any written private agreement between any parties concerning the operation of the community or maintenance or control of common or limited common property; and

    (C)   any similar document concerning the operation or governance of a common ownership community. Association document does not include a lease covered by Chapter 29 unless the lease provides that it may be enforced under this Chapter.

  (2)   Common element includes:

    (A)   in a condominium or cooperative, all portions of the common ownership community other than the units; or

    (B)   in a homeowners’ association, any real estate in a homeowners’ association community that is owned or leased by the association, other than a unit; and

    (C)   in all common ownership communities, any other interest in real estate for the benefit of owners which is subject to the declaration.

  (3)   Community association means the legal entity, incorporated or unincorporated, that is responsible for the governance or common property of a common ownership community.

  (4)   Dispute means any disagreement between 2 or more parties that involves:

    (A)   the authority of a governing body, under any law or association document, to:

      (i)   require any person to take any action, or not to take any action, involving a unit or common element;

      (ii)   require any person to pay a fee, fine, or assessment;

      (iii)   spend association funds; or

      (iv)   alter or add to a common element; or

    (B)   the failure of a governing body, when required by law or an association document, to:

      (i)   properly conduct an election;

      (ii)   give adequate notice of a meeting or other action;

      (iii)   properly conduct a meeting;

      (iv)   properly adopt a budget or rules;

      (v)   maintain or audit books and records;

      (vi)   allow inspection of books and records;

      (vii)   properly maintain or repair a common element if the failure results in significant personal injury or property damage; or

      (viii)   exercise its judgment in good faith concerning the enforcement of the association documents against any person that is subject to those documents.

  (5)   Dispute does not include any disagreement that only involves:

    (A)   title to any unit or any common element;

    (B)   the percentage interest or vote allocable to a unit;

    (C)   the interpretation or enforcement of any warranty;

    (D)   the collection of an assessment validly levied against a party; or

    (E)   the exercise of a governing body’s judgment or discretion in taking or deciding not to take any legally authorized action.

  (6)   Governing body of a community association means the council of unit owners, board of directors, or any other body authorized by an association document to adopt binding rules or regulations.

  (7)   Owner includes:

    (A)   a unit owner in a condominium;

    (B)   a lot owner in a homeowners' association, and

    (C)   a member of a cooperative housing corporation.

  (8)   Party includes:

    (A)   an owner;

    (B)   a governing body; and

    (C)   an occupant of a dwelling unit in a common ownership community.

  (9)   Unit or lot includes:

    (A)   any physical portion of a common ownership community with distinct property boundaries that:

      (i)   provides complete, independent living facilities for one or more individuals,

      (ii)   contains permanent provisions for living, sleeping, eating, cooking, and sanitation, and

      (iii)   is designated for exclusive ownership, control, or occupancy by those individuals; and

    (B)   all legally enforceable rights and interests incidental to individual ownership of real property in a common ownership community.

**Sec. 10B-9. Filing disputes; exhaustion of association remedies.**

  (a)    The Commission may hear any dispute between or among parties.

  (b)    A party must not file a dispute with the Commission until the party makes a good faith attempt to exhaust all procedures or remedies provided in the association documents.

  (c)    However, a party may file a dispute with the Commission 60 days after any procedure or remedy provided in the association documents has been initiated before the association.

  (d)    After a community association finds that a dispute exists, the association must notify the other parties of their rights to file the dispute with the Commission. The association must not take any action to enforce or implement its decision for 14 days after it notifies the other parties of their rights.

  (e)    Except as provided in Section 10B-9A, when a dispute is filed with the Commission, a community association must not take any action to enforce or implement the association's decision, other than filing a civil action under subsection (f), until the process under this Article is completed.

  (f)    Any party may file a civil action arising out of an association document or a law regulating the association's powers and procedures at any time. The court may stay all proceedings for at least 90 days after the court is notified that a dispute has been properly filed under this Article so that a hearing under Section 10B-13 may be completed. Whether or not a stay is issued, the court may hear the action de novo only if a hearing panel assigned to the dispute has not issued a decision under Section 10B-13(e).

**Sec. 10B-9A. Request for relief from stay.**

  (a)   At any time after a dispute is filed under Section 10B-9, a party to the dispute may submit a request to lift the automatic stay required under Section 10B-9(e) to a hearing panel appointed under Section 10B-12, or if no hearing panel has been appointed, a special standing panel authorized to consider requests for relief from stays.

  (b)   The special panel must consist of three voting members of the Commission designated by the chair, and must include at least one representative of each membership category.

  (c)   A party that requests relief from a stay must serve a copy of its request on any other party named in the dispute by certified mail or personal service.  A certificate of service must accompany any request submitted under this Section.  A party served with a copy of the request must file its opposition, if any, within 10 days after receiving service.

  (d)   If a request for relief from a stay which states facts sufficient to show a need for immediate action is not granted or denied within 20 days after the request was filed, the request must be treated as granted.

  (e)   Except as provided in subsection (d), a request for relief from stay may only be granted if the assigned panel finds that:

    (1)   enforcing the stay would result in undue harm to a party; and

    (2)   lifting the stay would not result in undue harm to the rights or interests of any opposing party.

**Sec. 10B-9B. Acceptance of jurisdiction of complaints.**

  (a)   If the Commission does not accept jurisdiction of a complaint, the Director must notify the parties in writing of the decision and the reason for the Commission’s denial of jurisdiction within 10 business days after the decision.

  (b)   The Commission’s decision not to accept jurisdiction of a complaint is not subject to judicial review.

**Sec. 10B-10. Production of evidence.**

  (a)   The Commission may:

    (1)   compel the attendance at a hearing of witnesses and parties, administer oaths, take the testimony of any person under oath and, in connection with any dispute, require the production of any relevant evidence; and

    (2)   issue summonses to compel the attendance of witnesses and parties and the production of documents, records and other evidence in any matter to which this Article applies.

  (b)   If any person does not comply with any summons issued under this Article to compel the attendance of persons or the production of documents, records or other evidence in any matter to which this Article applies, the County Attorney, on behalf of the Commission, may enforce the summons in a court with jurisdiction. Failure to comply with a Commission summons is also a class A violation.

  (c)   Any court with jurisdiction may, on request of the Commission, in accordance with state law and the Maryland Rules of Procedure:

    (1)   require compliance with a summons;

    (2)   require the attendance of a named person before the Commission at a specified time and place;

    (3)   require the production of records, documents, or other evidence;

    (4)   require the transfer of custody of records, documents, or other evidence to the court; or

    (5)   prohibit the destruction of any records, documents, or other evidence until a lawful investigation by the Commission is ended.

  (d)   A court may punish any disobedience of any order entered under this Section as a contempt of court.

**Sec. 10B-11. Mediation; dismissal before hearing.**

  (a)   The Director may investigate facts and assemble documents relevant to a dispute filed with the Commission, and may summarize the issues in the dispute. The Director may notify a party if, in the Director’s opinion, a dispute was not properly filed with the Commission, and may inform each party of the possible sanctions under Section 10B-13(d).

  (b)   If the Director, after reviewing a dispute, finds that, assuming all facts alleged by the party that filed the dispute are true, there are no reasonable grounds to conclude that a violation of applicable law or any association document has occurred, the Director must so inform the Commission.  The Commission must dismiss a dispute if it finds that there are no reasonable grounds to conclude that a violation of applicable law or any association document has occurred, or it may order the Director to investigate further.  The Commission may reconsider the dismissal of a dispute under this subsection if any party, in a motion to reconsider filed within 30 days after the dispute is dismissed, shows that:

    (1)   the Commission erroneously interpreted or applied applicable law or an association document; or

    (2)   material issues of fact that are necessary to a fair resolution of the dispute remain unresolved.

  (c)   If the Director, after reviewing a dispute and any investigation, finds reasonable grounds to conclude that a violation of applicable law or an association document has occurred, the Director must attempt to resolve the matter through informal negotiation including, in the Director's discretion, mediation. Each party named in the dispute or its representative must attend any mediation conference scheduled by the Director under this Section unless excused by the Director. If the party that files the dispute refuses or fails to participate in the mediation, the Director must dismiss the dispute. If the party that is the subject of the dispute refuses or fails to participate in the mediation, the Director must refer the dispute to the Commission for resolution. The party that is the subject of the dispute may not appear at the hearing, and the hearing panel may award relief to any party that the facts on the record warrant.

  (d)   Unless otherwise agreed to by the parties in writing, a mediation conference is informal and nothing said or done during a mediation conference is admissible in any subsequent hearing under this article.

  (e)   The Commission must promptly schedule a hearing under Section 10B-13 if either: (1) mediation has not occurred within 90 days after the Director found reasonable grounds to believe a violation occurred; or (2) the Director decides at any time that mediation would be fruitless. The Director may extend the mediation deadline by mutual consent of the parties.

  (f)   If a dispute is resolved by mediation, the terms of mediation agreed to by the parties must be reduced to writing and incorporated into a consent agreement to be signed by the parties. The agreement must be for mediation purposes only and is not an admission by any party that a violation of applicable law or an association document has occurred.

  (g)   In addition to any other penalty allowed by law, failure to adhere to any provision of a consent agreement is a class A violation. Any failure by the Director to enforce any provision of a consent agreement does not waive any private right of action against the violating party.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 10B-12. Hearing Panel.**

  (a)   If a hearing is scheduled, the Chair of the Commission must convene a 3-member panel to hear the dispute.

  (b)   The Chair must choose two members of the panel from the voting members of the Commission. The persons selected must represent the two different membership groups of the Commission. The Chair of the Commission must designate the third member from a list of volunteer arbitrators trained or experienced in common ownership community issues maintained by the Commission. The third member must Chair the panel. If a suitable arbitrator is not available, the Chair of the Commission must designate the third panelist from among the voting members of the Commission, and must designate the Chair of the panel.

  (c)   Each panelist must not have any interest in the dispute to be heard.

  (d)   Each volunteer arbitrator must not represent any parties in disputes before other hearing panels convened under this Chapter.

  (e)   If the Commission Chair decides that a hearing should be held by a hearing examiner instead of a hearing panel, the Chair, with the approval of the Commission, may designate the Office of Zoning and Administrative Hearings to conduct the hearing.

**Sec. 10B-13. Administrative hearing.**

  (a)   A hearing panel appointed under Section 10B-12 must hold a hearing on each dispute that is not resolved by mediation under Section 10B-11 unless the Commission finds that:

    (1)   the dispute is essentially identical to another dispute between the same parties on which a hearing has already been held under this Section; or

    (2)   the dispute is clearly not within the jurisdiction of the Commission.

  (b)   The Administrative Procedures Act (Article I of Chapter 2A) applies to a hearing held under this Section. However, the parties need not be given more than 15 days’ notice before the hearing is held, if the Commission finds that an expedited hearing is necessary. At any hearing, a party or a witness may be advised by counsel.

  (c)   If any party, after proper notice, does not appear at the scheduled hearing, the hearing panel may order any relief to another party that the facts on record warrant.

  (d)    The hearing panel may award costs, including reasonable attorney's fees, to any party if the other party:

    (1)   filed or maintained a frivolous dispute, or filed or maintained a dispute in bad faith;

    (2)   refused to participate in mediation of a dispute, unreasonably withdrew from mediation; or

    (3)   substantially delayed or hindered the dispute resolution process without good cause.

  The hearing panel may also require the losing party in a dispute to pay all or part of the filing fee.

  (e)   The hearing panel must apply State and County laws and all relevant caselaw to the facts of the dispute, and may order the payment of damages and any other relief that the law and the facts warrant. The decision of the hearing panel is binding on the parties, subject to judicial review under Section 2A-11.

  (f)   If the hearing has been held under Section 10B-12(d) by the Office of Zoning and Administrative Hearings, the hearing examiner must forward a recommended decision and order to a Commission panel. The Commission panel may adopt, reverse, modify, or remand the recommended decision before issuing its final order as provided in this Section.

  (g)   An appeal of a decision under this Section must be consolidated with any case filed under Section 10B-9(f) that arises out of the same facts.

  (h)   The court hearing an appeal must sustain the decision of the hearing panel unless the decision is:

    (1)   inconsistent with applicable law;

    (2)   not supported by substantial evidence on the record; or

    (3)   arbitrary and capricious, considering all facts before the hearing panel.

  (i)   The Commission, acting through the Department and the County Attorney, may enforce a decision of the hearing panel by taking any appropriate legal action.

  (j)   In addition to any other penalty allowed by law, any person who does not comply with a final Commission order issued under this Chapter has committed a class A civil violation.  Each day that a person does not comply with a Commission order is a separate offense.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 10B-14. Settlement of disputes; assistance to parties.**

  (a)   Settlement of a dispute by mediation agreed to by the parties is binding, has the force and effect of a contract, and may be enforced accordingly.

  (b)   The Director may inform any party who has settled a dispute by mediation, or any party who prevails in a hearing held under Section 10B-13, about how the agreement or decision can be enforced.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 10B-15. Regulations.**

  The County Executive must promulgate, under method (2), regulations for the dispute resolution process.

### Article 3. Open Conduct.

**Sec. 10B-16. Reserved.**

**Sec. 10B-17. Voting procedures.**

  (a)   Election dates and procedures. Not less than 10 nor more than 90 days before an election for the governing body of an association, the governing body must notify all members of the association of election procedures and the date of the election. An initial election for the governing body must be held not later than 60 days after the date that 50 percent of the units have been conveyed by the developer to the initial purchasers.

  (b)   Election materials. All election materials prepared with funds of the association:

    (1)   must list candidates in alphabetical order; and

    (2)   must not suggest a preference among candidates.

  (c)   Absentee ballots or directed proxies. Any unsigned absentee ballot or directed proxy, to be valid, must be:

    (1)   received in a signed, sealed envelope, bearing the identification of the dwelling unit and proportional voting percent, if any, on the outside; and

    (2)   opened only at a meeting at which all candidates or their delegates have a reasonable opportunity to attend.

  (d)   Proxy or power of attorney. Any proxy or power of attorney valid under state law may be used at any association meeting. However, any proxy or power of attorney containing votes for candidates for a governing body’s election may be counted only to meet a quorum or to vote on matters other than an election for a governing body unless the proxy or power of attorney contains a directed vote on the election. If a proxy or power of attorney form must be approved before it is cast, the approving authority must not unreasonably withhold its consent.  A general power of attorney valid under state law may be used for any purpose at an association meeting that is consistent with the provisions of the general power of attorney, including for an election of the governing body.

  (e)   Cumulative voting prohibited. In an election for a governing body, for each unit that a member owns the member must not cast more than one vote for each candidate.

  (f)   Counting votes. Until the time for voting closes, an association must not open or count election ballots, absentee ballots or directed proxies, and must keep all such documents in a sealed container which must not be opened or counted until the election. If an election is conducted electronically, the votes must not be disclosed or counted by anyone until the election. The individuals counting absentee ballots or directed proxies must ensure that the individual who has been directed to cast the proxy vote was in fact in attendance at the meeting.

  (g)   Terms of office. Unless the association documents provide for other terms of office:

    (1)   a member elected to the governing body of an association is elected for a term of three (3) years; and

    (2)   the individual terms of the entire governing body are staggered, so that as close to one-third as possible are elected each year.

**Sec. 10B-18. Budget.**

  Unless the association documents provide otherwise:

  (a)   the governing body must provide members of the association with the proposed budget of the association at least 30 days before the governing body votes on the budget; and

  (b)   the governing body must provide members of the association with any proposed amendment to the budget at least 30 days before the governing body votes on the amendment, if the amendment will result in an increase or decrease of more than 15 percent of the approved budget. This requirement does not apply to expenditures made to respond to an imminent threat to health or safety or of serious property damage, or to properly fund the most recent reserve study conducted for the association.

**Sec. 10B-19. Enforcement.**

  (a)   The Department may enforce this Article by appropriate legal action.

  (b)   In addition to any action by the Department and any other action authorized by law, including the filing of a dispute under Article 2, any person may file an action:

    (1)   for injunctive relief to enforce this Article or correct any violation of it; and

    (2)   to recover damages for a loss sustained as a result of a violation of this Article.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 11. Consumer Protection.

**Sec. 11-1. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Consumer: A purchaser, lessee, or recipient, or prospective purchaser, lessee or recipient of consumer goods or services, including a co-obligor or surety.

  Consumer goods or services: Real estate, including rental housing; goods; services; credit; debts; or obligations that are primarily for personal, household, family, or agricultural purposes.

  Director or Executive Director: The Director of the Office of Consumer Protection, or the Director’s designee.

  Merchant: Any person who offers or makes available to consumers, either directly or indirectly, consumer goods or services.

  Office: The Office of Consumer Protection.

  Person: An individual, proprietor, landlord, partnership, corporation, firm, cooperative, association, or any other group of individuals or legal entity, however organized.

  Predatory or abusive lending practice: Any representation or marketing practice that is intended to misrepresent terms or mislead a consumer about the value of financing or buying real estate, consumer goods, or consumer services.*

  Real estate: Any leasehold or other tangible interest in residential real property, dwelling, building, or other structure located on residential real property, including a condominium unit.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 11-2. Office of Consumer Protection.**

  (a)   Established.  The Office of Consumer Protection is a department of County government.

  (b)   Authority.   The Office may:

    (1)   receive and investigate complaints and initiate its own investigation of deceptive, unfair, or unconscionable trade practices against consumers, hold hearings, compel the attendance of witnesses, administer oaths, take the testimony of any person under oath and require the production of any evidence relating to any matter under investigation or in question by the Office;

    (2)   issue summonses and subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence in any matter to which this Chapter applies;

    (3)   issue cease and desist orders and bring enforcement actions regarding any trade practice that violates this Chapter;

    (4)   report to any appropriate government agency with jurisdiction over real estate transactions or consumer protection matters any information concerning violation of any consumer protection law;

    (5)   communicate the interests of consumers and merchants before administrative and regulatory agencies and legislative bodies to ensure that both are adequately represented;

    (6)   assist, advise, and cooperate with the Better Business Bureau and local, state, and federal agencies and officials to protect and promote the interests of County consumers;

    (7)   assist, develop, and conduct programs of consumer education and information through public hearings, meetings, publications, or other materials prepared for distribution to County consumers;

    (8)   encourage local business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale of consumer goods or services;

    (9)   protect and promote the welfare of County consumers and merchants;

    (10)   report annually on the number, nature, and disposition of complaints filed with the Office. The annual report must include any recommendations made by the Advisory Committee on Consumer Protection;

    (11)   adopt regulations under method (2) to implement this Chapter;

    (12)   operate a voluntary arbitration program;

    (13)   enforce laws pertaining to motor vehicle repair, electrical appliances, secondhand personal property, and any other law that the Office is assigned to enforce; and

    (14)   undertake activities and establish procedures to identify, and assist consumers with respect to, any discriminatory, predatory, or abusive lending practices.*

  (c)   Energy and environmental advocacy.

    (1)   The Office, after consulting appropriate County departments, must advocate for the County’s interest in obtaining the lowest possible rates consistent with environmental stewardship, including the County’s climate change objectives, for gas, electricity, and other energy sources by participating in matters pending before appropriate federal and state agencies, including intervening and filing comments in those matters.

    (2)   The Office may employ consultants and technical advisors as necessary to implement this subsection in accordance with funds appropriated in the County budget.

    (3)   By September 1 of each year, the Office must report to the County Executive and County Council on the actions that the Office has taken in the preceding fiscal year to implement this subsection.

(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.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 11-3. Advisory Committee on Consumer Protection.**

  (a)   Creation and composition; appointment of members; chair. There is an Advisory Committee on Consumer Protection, which consists of 9 persons appointed by the County Executive, subject to confirmation by the County Council. The membership must reflect a cross-section of consumer and business interests. At least 2 members must be members of the Better Business Bureau or of another County-wide association of merchants. At least 1 member must be a member of the Community Action Board, and a second member must be recommended by the Community Action Board.  If, after written notice to these groups, no application is received from a member of these groups, and no recommendation is received from one of these groups, the Executive may appoint a person from the public-at-large. Each member serves a 3 year term. A member appointed to fill a vacancy serves the rest of the unexpired term. Each member continues in office until a successor is appointed and confirmed. The Committee must elect one member as chair and another member as vice chair, each to serve in that capacity at the pleasure of the Committee, and such other officers as it determines.

  (b)   Compensation. Members of the Committee receive no compensation for their services.

  (c)   Meetings; services; reports. The Committee must meet when required by the chair, but no less than once each month. The Committee must submit an annual report to the Executive and Council.

  (d)   Powers and duties. The Committee must advise the Office in carrying out its duties and functions under this Chapter, and may hold public hearings on any topic related to Consumer Protection.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 11-4. Deceptive trade practices.**

  A merchant must not engage in a deceptive, unfair, or unconscionable trade practice, whether or not any specific consumer has, in fact, been misled, deceived, or damaged thereby. Deceptive, unfair, or unconscionable trade practices include:

  (a)   a representation that consumer goods or services have sponsorship, approval, accessories, characteristics, ingredients, uses, benefits, or quantities that they do not have;

  (b)   a representation that the merchant has a sponsorship, approval, corporation indication, status, affiliation, or connection that the merchant does not have;

  (c)   a representation that consumer goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, or secondhand;

  (d)   a representation that consumer goods or services are of a particular standard, quality, grade, style, or model, if they are of another;

  (e)   a misrepresentation as to a material fact that has a tendency to mislead;

  (f)   a failure to state a material fact if the failure deceives or tends to deceive;

  (g)   disparaging the consumer goods or services, or business of another by false or misleading representations of material facts;

  (h)   advertising or offering consumer goods or services without the intent or authority to sell them as advertised or offered;

  (i)   advertising or offering consumer goods or services with intent not to supply reasonably expected public demand, unless the advertisement or offer discloses a limit of quantity or other qualifying condition;

  (j)   making false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions; or the price in comparison to the price of competitors or one's own price at a past or future time;

  (k)   falsely stating that consumer goods or services, replacements, or repairs are needed;

  (l)   falsely stating the reasons for offering or supplying consumer goods or services at sale or discount prices;

  (m)   harassment of or threat to any person with regard to any act other than legal process;

  (n)   any deception, fraud, false pretense, false premise, misrepresentation, or concealment, suppression, or omission of any material fact with the intent that consumers rely on the concealment, suppression, or omission, in connection with any consumer goods or services;

  (o)   any false, falsely disparaging or misleading oral or written statement, visual description or other representation of any kind that has the capacity, tendency, or effect of deceiving or misleading consumers and is made in connection with any consumer goods or services;

  (p)   any representation that an agreement confers or limits rights, remedies, or obligations that it does not confer or limit, or that are prohibited by law;

  (q)   failure of any merchant to comply with a warranty;

  (r)   failure to provide a written estimate of repairs, alterations, modifications, or services when requested by a consumer and the later repair, alteration, modification, or servicing of any item without first tendering a written estimate;

  (s)   performing repairs, alterations, modifications, or services exceeding by 25 percent or more the price quoted in a written estimate without prior approval of the consumer;

  (t)   imposing or demanding a labor or service charge without notifying the consumer of the charge before dismantling, disassembling or otherwise altering a consumer good;

  (u)   failing to supply a consumer with a copy of a contract, lease, promissory note, trust agreement, or evidence of indebtedness when the consumer executes the document;

  (v)   making or enforcing unconscionable contract terms. In applying this subsection, the following factors may be considered:

    (1)   knowledge by the merchant when a credit sale or loan is consummated that there was no reasonable probability of payment in full of the obligation by the consumer;

    (2)   knowledge by the merchant at the time of the sale or lease of the consumer’s inability to receive substantial benefits from the consumer good or service sold or leased;

    (3)   gross disparity between the price of consumer goods or services sold or leased and the value of the consumer goods or services measured by the price at which similar consumer goods or services are readily obtainable by like buyers or lessees;

    (4)   the fact that the merchant contracted for or received separate charges for insurance with respect to credit sales with the effect of making the sales, considered as a whole, unconscionable;

    (5)   the fact that the merchant has knowingly taken advantage of the inability of a consumer reasonably to protect his or her interests because of physical or mental infirmities, ignorance, illiteracy, inability to understand the language of the agreement, or similar factors;

  (w)   replacing any part in an electrical or mechanical apparatus, appliance, chattel, or other consumer good when the part was not defective, unless expressly requested by the consumer;

  (x)   falsely stating or representing that any repair, alteration, or service was performed;

  (y)   taking payment for goods or services without delivering the goods or performing the services; or

  (z)   practicing, or in any way engaging in, any trade, occupation, or profession without a license, registration, certificate, or other evidence of training or experience required by law.

**Sec. 11-4A. Unfair trade practices - Internet Access Services.**

  (a)   A merchant must not engage in any unfair trade practice in the provision of internet access service using any facility in its control that is located in a County right-of-way.

  (b)   An unfair trade practice includes the refusal or failure of a merchant to:

    (1)   provide any internet access service for which a consumer has paid;

    (2)   properly install any facility required to provide internet access service to a consumer; or

    (3)   promptly and effectively respond to a consumer complaint concerning internet access service.

  (c)   Internet access service means the provision of internet access to a consumer over any facility controlled by a merchant that is located in a County right-of-way.

  (d)   The County Executive must issue regulations under Method (2) that establish minimum internet access service standards that a merchant must comply with.

  (e)

    (1)   The Department of Technology and Enterprise Business Solutions may receive an investigate complaints of violations of this Section. The Cable Compliance Commission may adjudicate violations of this Section, as provided in Section 8A-31.

    (2)   The Department may also refer any complaint received under this Section to the Office of Consumer Protection for investigation and enforcement.  To enforce any complaint referred to it under this Section, the Office of Consumer Protection may pursue any remedy for violations of this Chapter.

**Sec. 11-4B. Domestic Workers - Written Employment Contracts.**

  (a)   Legislative findings.

    (1)   Domestic workers are entitled to legal protections under State employment laws including, but not limited to:

      (A)   minimum wage;

      (B)   payment for all hours worked;

      (C)   payment of wages in United States dollars twice per month;

      (D)   overtime pay of 1.5 times the regular wage rate for hours worked in excess of 40 hours per week; and

      (E)   worker’s compensation.

    (2)   The County Council Committee on Health and Human Services sponsored a study of domestic workers in the County which was released on May 10, 2006.  The study found that:

      (A)   domestic workers in the County have limited access to information concerning the legal protections available to them;

      (B)   many domestic workers in the County are paid less than the minimum wage;

      (C)   many domestic workers in the County do not receive overtime pay for work in excess of 40 hours per week;

      (D)   few domestic workers in the County have written employment contracts setting forth the terms and conditions of their employment;

      (E)   domestic workers in the County who live in their employer’s residence are generally paid less and work longer hours than domestic workers who do not live at their employer’s residence; and

      (F)   domestic workers in the County are often isolated and unable to experience the peer to peer networking that is necessary for organized labor movements.

    (3)   The Council finds that legislation is needed to ensure that domestic workers in the County receive the legal protections they are entitled to under State law, as well as the right to a written employment contract governing the terms and conditions of employment.

  (b)   Definitions.  In this Section, the following words have the meaning indicated:

    Au pair means an individual who performs childcare services pursuant to the program administered by the State Department of the United States in a private home of the person by whom she is employed.

    Disclosure statement means a document confirming that:

    (1)   an employer presented a written employment contract signed by the employer to a domestic worker after offering to negotiate the terms and conditions of employment; and

    (2)   the worker voluntarily chose not to sign the contract.

    Domestic service means, when primarily performed in a home of a recipient of the service located in the County:

    (1)   caring for a child;

    (2)   serving as a companion to a sick, convalescing, disabled, or elderly individual;

    (3)   housekeeping;

    (4)   cooking;

    (5)   cleaning; or

    (6)   laundry.

    Domestic worker means an individual who performs domestic service for wages in the County.  Domestic worker does not include:

    (1)   a registered nurse, licensed practical nurse, or certified nursing assistant who is licensed or certified by the Maryland Board of Nursing;

    (2)   a child, parent, spouse, or other member of the immediate family of the employer;

    (3)   an au pair; or

    (4)   an individual who primarily serves as a companion to a disabled or elderly individual who is unable to care for himself or herself, and who is not employed by an agency.

    Elderly means an individual who is 67 years old or older.

    Employment contract means a written agreement signed by a domestic worker and an employer which governs the terms and conditions of employment.

    Employer means a person who hires a domestic worker to perform at least 20 hours of work each week during any period that is 30 days or longer.  An employer may include an agency that hires a domestic worker to perform domestic service in the home of the recipient of the service.

    Hours of work means the time during any 7-day period that a domestic worker is on duty.

    Paid time off means time for which a domestic worker receives wages without working, including any holiday, vacation, or sick leave.

    Unpaid time off means time during the normal hours of work when the domestic worker may be absent without receiving wages.

    Wages means any compensation which a domestic worker receives, including any bonus, commission, fringe benefit, or other payment.

  (c)   Employment Contract.  In order to employ a domestic worker, the employer must obtain either a written employment contract signed by both the employer and the domestic worker or a disclosure statement signed by the domestic worker.  Each employer must present a proposed written employment contract to a domestic worker and offer to negotiate the terms and conditions of employment.  Once a final contract is agreed upon, the employer must sign and give the domestic worker a copy.  If the domestic worker is employer by an agency, the employment contract must be between the agency and the employee. Each written employment contract must specify the following terms and conditions of employment:

    (1)   days and hours of work;

    (2)   wages;

    (3)   paid time off;

    (4)   unpaid time off;

    (5)   frequency of payment of wages;

    (6)   deductions from wages;

    (7)   eligibility for and calculation of overtime wages;

    (8)   duties;

    (9)   right of the employer, if any, to require the domestic worker to perform duties that are not specified in the contract;

    (10)   living accommodations provided by the employer, if any, including deductions for rent;

    (11)   meals provided by the employer, if any, including deductions for meals;

    (12)   time allowed for breaks and meals during work hours;

    (13)   required notice, if any, before the employer or domestic worker terminates the contract;

    (14)   severance wages, if any, if the employer terminates the contract before the end of the contract period;

    (15)   contract period;

    (16)   reimbursement for work-related expenses; and

    (17)   notice of employment rights under State law.

  (d)   Living accommodation.  Any dwelling unit that includes living accommodations for a domestic worker must meet all minimum standards for a dwelling unit in Chapter 26 and the worker must have:

    (1)   a private room for sleeping with a door that can be locked;

    (2)   reasonable access to a kitchen;

    (3)   reasonable access to a bathroom;

    (4)   reasonable access to laundry facilities.

  (e)   Model Contract.  The Director, after consulting with the Commission for Women, must draft and make available a model employment contract and a model disclosure statement which an employer may use to comply with this Section.  The model contract and the model disclosure statement must be published in English, French, and Spanish.

  (f)   Retaliation.  An employer must not retaliate against a domestic worker who:

    (1)   requests a written contract required under this Section;

    (2)   seeks to enforce the terms of a written employment contract; or

    (3)   files a complaint or testifies, assists, or participates in any manner in an investigation, proceeding, or hearing to enforce this Section.

  (g)   Complaint.  If an employer does not comply with this Section, a domestic worker may file a complaint under Section 11-6.

**Sec. 11-4C. Gasoline Stations – Accurate Signage Required.**

  (a)   For purposes of this section, the following terms have the meanings indicated.

    (1)   Business Regulation Article means the Business Regulation Article of the Maryland Code, as amended.

    (2)   Credit price means the highest total amount, including any fees, payable to a gas station by a customer using a credit card or other non-cash form of payment, for one whole measurement unit of regular gasoline sold on the premises.

    (3)   Gasoline station means a merchant who sells motor fuel at retail under Section 10-315 of the Business Regulation Article.

  (b)   A gasoline station must:

    (1)   comply with Section 10-315 of the Business Regulation Article; and

    (2)   if the gas station posts a sign under Section 10-315 of the Business Regulation Article, include within the sign additional pricing information required under subsection (c) of this Section.

  (c)   A sign posted by a gas station under Section 10-315 of the Business Regulation Article must include the credit price.

  (d)   If the lowest price under the Business Regulation Article and the credit price are the same, subsection (c) does not apply.

  (e)   Alternative method of compliance - subject to sunset.

    (1)   This subsection must sunset and must have no further effect 7 years after this Section takes effect.

    (2)   Notwithstanding any other provision of this Section, a gas station may satisfy the requirements of subsections (b) and (c) of this Section if it posts, on a sign visible to motorists and separate from the sign required under Section 10-315 of the Business Regulation Article, the credit price.

    (3)   If a gas station posts the credit price under paragraph (2) of this subsection, the letters and numerals on the separate sign must appear in the same size and font as those used on the sign posted under Section 10-315 of the Business Regulation Article.

**Sec. 11-5. Exemptions from chapter.**

  This chapter does not apply to:

  (a)   other than practicing or acting without a license, professional services rendered by any  certified public accountants, architects, clergymen, professional engineers, lawyers, veterinarians, insurance agents and brokers licensed by the state, Christian Science practitioners, land surveyors and property line surveyors, optometrists, physical therapists, podiatrists, psychologists, and medical and dental practitioners, engaging in their respective professional activities;

  (b)   any television or radio broadcasting station or any publisher or printer of a newspaper, magazine, or other form of printed advertising who broadcasts, publishes, or prints an advertisement which violates this Chapter, except insofar as the station or publisher or printer engages in a deceptive or unconscionable practice in the sale or offering for sale of its own goods or services or knows that the advertising violates this Chapter;

  (c)   public utility companies to the extent that the company’s services and operations are regulated by the state Public Service Commission; and

  (d)   the sale of real estate, directly or indirectly, by any owner-occupant of the real estate, except as provided in Section 40-14.

**Sec. 11-6. Filing complaints.**

  (a)   Definition.  In this section “domestic worker” has the meaning stated in Section 11-4B.

  (b)   Complaint. Any consumer or domestic worker may file a written complaint with the Director.

  (c)   Contents.  A complaint should state the name and address of the person alleged to have committed a violation of this Chapter, describe the violation, and provide any other information that the Office requires. However, the Director may act on a complaint that is not complete.  The Director may investigate any violation of and enforce this Chapter without receiving a complaint.

  (d)   Referral to Department of Housing and Community Affairs.  The Director must refer a complaint from a domestic worker alleging living accommodations that do not comply with Section 11-4B(d) to the Department of Housing and Community Affairs for investigation and enforcement.

  (e)   Referral to the Office of Human Rights.  The Director must refer a complaint from a domestic worker alleging a discriminatory employment practice to the Office of Human Rights.

  (f)   Referral to the Commission for Women.  The Director may refer a domestic worker to the Commission for Women Counseling and Career Center for additional assistance if the Director determines that the services offered there would benefit the worker.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 11-6A. Discriminatory, predatory, or abusive lending practices.**

  A consumer who is concerned about a potentially discriminatory, predatory, or abusive lending practice in the County may file a written request for assistance with the Officer of Consumer Protection.

  (a)   Within 20 business days after receiving a written request with all supporting documentation, the Office must review the request.

  (b)   Upon reviewing the request, the Office must either:

    (i)   advise the consumer to file a complaint with the Office if a potential violation of Chapter 11 or Chapter 27 exists;

    (ii)   assist the consumer in filing a complaint with the appropriate government office or agency that has jurisdiction; or

    (iii)   provide the consumer with information, education, counseling, or a referral to an appropriate outside agency, group, or organization.

  (c)   The Office, in assisting a consumer with filing a complaint, may consult with any appropriate federal, state, county, or quasi-governmental office or agency.  If the Office assists a consumer in filing a complaint with another agency, the Office must contact the appropriate agency within 45 business days after the referral to determine the status of the complaint, and must forward this information to the consumer.

  (d)   The Office, in conducting activities to identify and educate consumers about discriminatory, predatory, or abusive lending practices, may work with non-government organizations.

**Sec. 11-7. Procedures.**

  (a)   The Director must enforce this Chapter, and may:

    (1)   investigate a violation or a complaint;

    (2)   refer a complaint or a violation to any federal, state, or local agency with jurisdiction over the complaint;

    (3)   refer a complaint or a violation to a hearing officer under Section 11-10;

    (4)   pursue an enforcement action under Section 11-11; or

    (5)   attempt to conciliate a matter with the parties.

  (b)   The Director must attempt to conciliate a matter before taking enforcement action.  However, when the Director finds that any violation is causing or will cause immediate, substantial, and irreparable injury, or it is otherwise in the public interest, the Director may take immediate enforcement action without first attempting conciliation, including issuing a cease and desist order.

  (c)   This Section does not prevent any person from exercising any right or seeking any remedy to which that person is otherwise entitled, or from filing any complaint with any other agency or court.

  (d)   This Section does not prevent the Director from following a different procedure or pursuing a different enforcement action during or after an investigation when the Director finds that doing so will serve the public interest.

  (e)   The Director may seek the cooperation of any licensing authority and contracting department in County government.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 11-8. Conciliation Procedures.**

  (a)   When conciliating a matter, the Director may use the services of any member of the Advisory Committee on Consumer Protection.

  (b)   The parties may incorporate the terms of a conciliation into a settlement agreement.  A settlement agreement does not constitute an admission by any party that any law has been violated.  The Director may sign a settlement agreement on behalf of the Office.

  (c)   Any settlement agreement may require a party to pay the costs of the Office’s investigation and related activities and restitution to a consumer of money, property, or any other thing received in apparent violation of this Chapter.  A settlement agreement must not preclude the Office from using any other remedy to correct a violation of this Chapter.

  (d)   Each signatory must adhere to any settlement agreement.  Any failure by the Office or another party to pursue a violation of any settlement agreement does not waive any provision of the agreement or any right of the Office under the agreement or this Chapter.

  (e)   The Director may enforce a violation of a settlement agreement under Section 11-11 as if it is a violation of this Chapter.

**Sec. 11-9. Enforcement of summonses and subpoenas.**

  (a)    If any person does not comply with any summons or subpoena issued under this Chapter, the County may enforce the summons or subpoena by appropriate legal action.

  (b)    Any court with jurisdiction may grant injunctive or other appropriate relief to enforce a summons or subpoena.

  (c)   A person must comply with any summons or subpoena issued under this Chapter.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 11-10. Administrative hearing.**

  (a)   The Director may refer a complaint or a violation to a hearing officer designated by the Chief Administrative Officer for an administrative hearing.

  (b)   If the Director refers a complaint or violation to a hearing officer, the Director must prepare a statement of charges that summarizes:

    (1)   the nature of the alleged violation, and the approximate date the violation was committed;

    (2)   the provision of this Chapter alleged to be violated; and

    (3)   the right of the respondent to be represented by counsel and present witnesses and evidence pertinent to the charges.

  (c)   The Director must serve the statement of charges and a notice of the time and place of a hearing on the person who is alleged to have violated this Chapter and notify any complainant or other interested person of the time and place of the hearing.

  (d)   The Director may use any of the following methods to serve or notify a person under this Chapter:

    (1)   personal service;

    (2)   regular or certified mail, postage prepaid, addressed to the last-known residential or business address of the respondent; regular mail is presumed to be served 3 days after mailing;

    (3)   posting a notice in a conspicuous place at the respondent’s residence or place of business; or

    (4)   publication in a newspaper of general circulation in the County once a week for 3 successive weeks if no address can be found for a party after a diligent search or if the hearing officer determines that the person is avoiding receiving notice.

  (e)   Unless otherwise provided in this Section, Article 1 of Chapter 2A governs any proceeding held under this Section.

  (f)   If a person notified of the hearing does not appear at the hearing, the hearing officer may proceed with the hearing and dismiss the charges, enter a default judgment, or issue another appropriate order, including an order directing the person who has not appeared to take or refrain from taking certain actions.

  (g)   In addition to the requirements of Section 2A-10, if the hearing officer finds by a preponderance of the evidence that a person has violated this Chapter, the hearing officer may order the violator to:

    (1)   stop committing the violation;

    (2)   restore money or property;

    (3)   pay any costs of investigation or related activities of the Department;

    (4)   post a performance bond or other security;

    (5)   pay a civil penalty of not more than $1,000 for each violation; or

    (6)   take any other action that would:

      (A)   assist the public in obtaining relief; or

      (B)   prevent future violations.

  (h)   When a violator is ordered to post a performance bond or other security, in setting the amount of security to be posted the hearing officer should consider:

    (1)   the nature of the violation;

    (2)   the amount of money, property, or any other thing received from a consumer in connection with the violation;

    (3)   whether full restitution has been paid to each affected consumer; and

    (4)   the risk of future harm to other consumers.

  (i)   If the hearing officer imposes a civil penalty, the hearing officer should consider:

    (1)   the severity of the violation;

    (2)   the severity of any harm to the consumer;

    (3)   the motives of the violator;

    (4)   any previous violations by the same person or entity;

    (5)   whether the penalty will deter future misconduct; and

    (6)   whether a stop order or restitution would sufficiently protect consumers.

  (j)   Every person must comply with each order or decision issued by a hearing officer under this Section.

  (k)   The Director may enforce an order or decision of a hearing officer by taking any appropriate legal action.  In addition, the Director may enforce any violation of a decision or order under Section 11-11.

**Sec. 11-11. Enforcement and penalties.**

  (a)   Civil citation.  A person who violates this Chapter is subject to a Class A violation, with a maximum penalty set under Section 1-19.

  (b)   Enforcement of department orders.  The Director may bring an action in any court with jurisdiction to enforce any order, decision, summons, or subpoena issued under this Chapter.

  (c)   Civil action.  The Director may bring a civil action to enforce this Chapter and may seek damages, restitution, the posting of a bond, or any other available legal or equitable relief, including declaratory, preliminary, temporary, or permanent relief.

  (d)   Recovery of attorney’s fees.  If the County is the prevailing party in any enforcement action under subsection (b) or (c), the County may recover costs and reasonable attorney’s fees.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 11A. Condominiums.

**Sec. 11A-1. Legislative findings.**

  The county council for Montgomery County hereby finds, recognizes and declares that a rental housing emergency exists throughout the county and has been caused, in large part, by the conversion of rental housing in the county to condominiums. The county council finds that the incidence of condominium conversion is substantial and poses a serious threat to the existence of a sufficient supply of rental stock in the county to accommodate the needs of the citizens. The county council recognizes that in the past eighteen (18) months, approximately five thousand (5,000) rental units out of approximately fifty-five thousand (55,000) rental units in rental facilities in the county have converted or are in the process of converting to condominium. These conversions are in addition to nearly ten thousand (10,000) conversions of existing rental units to condominium in the county which have occurred in the past ten years.

  The county council further finds that there is an increasing percentage of construction of residential units in the county that are intended for condominium development and that few, if any, units are being constructed for rental purposes.

  As a result, the county council finds that the combination of the conversion of existing rental units and the lack of construction of new rental units in the county has resulted in an extreme scarcity of rental housing in the county and insufficient and inadequate numbers of rental dwelling units available to citizens whose economic or other circumstances require such rental facilities.

  The county council further finds that conversions of rental facilities have resulted in large-scale displacement of tenants from their rental homes and have caused many tenants extreme financial and emotional hardships associated with moving and attempting to relocate in another rental facility. The county council finds that the hardship to tenants from displacement caused by condominium conversion is particularly acute for the elderly, the handicapped and the economically disadvantaged.

  In addition, the county council finds that prospective purchasers of condominium units are often without knowledge of the unique concepts of ownership involved in condominium housing and that buyers do not always have a sufficient factual basis presented to them on which to make a reasonable decision. The county council is aware of reported abuses by sellers of condominium units.

  Accordingly, the county council finds that it is in the interests of the public health, safety and general welfare to provide for the exercise of a reasonable right of first refusal by the county or the Montgomery County Housing Opportunities Commission to purchase a rental facility or units therein, as permitted by state law and to provide for extended tenancies to certain tenants. Further, in order to facilitate fair and equitable bargaining and to provide the buyers of condominium units with basic information by which to make an intelligent housing choice, it is necessary and appropriate for the county to require the sellers of condominium units to prepare and distribute information deemed relevant to the buyers of this type of residential property, to file certain documents and notices with the county, and to provide additional consumer and tenant protections for the public welfare.

**Sec. 11A-2. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  (a)   Condominium; condominium regime. "Condominium" and "condominium regime" mean properly established as a condominium regime under title 11, Real Property Article, Annotated Code of Maryland.

  (b)   Condominium unit; unit. "Condominium unit:" and "unit" mean a three-dimensional space identified as such in the declaration and on the condominium plat the boundaries of which are established in accordance with title 11, Real Property Article, Annotated Code of Maryland. A unit may include two (2) or more noncontiguous spaces.

  (c)   Conversion. "Conversion" means the subjection of a property which was previously rental property to a condominium regime.

  (d)   Department. "Department" means the Department of Housing and Community Affairs.

  (e)   Developer. "Developer" means any person who subjects his/her property to a condominium regime.

  (f)   Director. "Director" means the Director of the Department of Housing and Community Affairs.

  (g)   Landlord. "Landlord" means the owner, the owner's agent, lessor or sublessor of the dwelling unit or the property of which it is a part and, in addition, means any person authorized to exercise any aspect of the management of the premises except those persons engaged solely in custodial and maintenance functions.

  (h)   Local government. "Local government" means the County or a housing agency designated by the County.

  (i)   Person. "Person" means an individual, corporation, partnership, association, organization or any other legal entity.

  (j)   Real Property Article. "Real Property Article" means the Real Property Article, Annotated Code of Maryland.

  (k)   Rental facility. "Rental facility" means any structure, or combination of related structures and appurtenances, operated as a single entity, in which the operator provides for a consideration 2 or more dwelling units; rental facility does not mean any transient facility such as a boarding house, tourist home, inn, motel, hotel, school dormitory, hospital, medical facility, or any facility operated for religious or eleemosynary purposes.

  (l)   Tenant organization. "Tenant organization" means a bona fide association of resident tenants of a rental facility, certified by the Department as representing at least 30 percent, or 5 units, whichever is the greater number, of units occupied by tenants of the rental facility.

  (m)   Transfer; transfer of title. "Transfer" and "transfer of title" mean (1) the transfer of legal title to a rental facility, or (2) transfer of substantial ownership or beneficial interests, or both, in the general or limited partnerships, corporations, trusts or any combination thereof which hold the legal title to the rental facility. The transfer of substantial ownership or beneficial interests means the transfer within a one-year period of a total of 51 percent or more of the ownership of the partnerships, stock in the corporations, beneficial interests in the trust or any combination thereof.

**Sec. 11A-3. Right of first refusal to purchase rental facilities.**

  (a)   Sale of rental facilities. Prior to the sale of a rental facility of more than ten (10) rental units to any person for the purpose of creation of a condominium regime, the owner shall provide a right of first refusal to the county and its designated housing agency to purchase the rental facility.

    (1)   All sales or transfers of rental facilities of more than ten (10) units shall be deemed to be sales for the purpose of creation of a condominium regime and subject to the requirements of this section, unless the contract purchaser, at least thirty (30) days prior to transfer, enters into an agreement with the County to retain the property as a rental facility for three (3) years after the date of transfer of the property.

    (2)   An owner may rebut the presumption that the sale of the rental facility is for the purpose of creation of a condominium regime under this Section by notifying the Department in writing, and must thereafter satisfy the requirements of Chapter 53A.

    (3)   For purposes of this section, the Montgomery County Housing Opportunities Commission is the designated housing agency.

    (4)   All contracts and agreements for purchase of a rental facility, and title obtained pursuant thereto, shall be contingent upon and subject to full compliance with the requirements of this section.

  (b)   Notice required; exercise of right of first refusal.

    (1)   Prior to the sale of any rental facility under this section, the owner shall give written notice to the County and its designated housing agency of the terms and conditions under which the owner would agree to sell the rental facility. Notice shall be deemed given on the latest date this notice is actually received by both Montgomery County and its designated housing agency. This notice shall constitute the terms and conditions of the right of first refusal exercisable by the County or its designated housing agency hereunder.

    (2)   The County Executive may require the owner, by executive regulations adopted under method (3) of Section 2A-15 of this Code, to make available to the County and its designated housing agency information regarding the characteristics and condition of the facility deemed relevant to the exercise of the right of first refusal, including but not limited to architectural and engineering plans and specifications and facility operating data. In addition, the County Executive by regulation adopted under method (3) of Section 2A-15 of this Code may require the owner to provide access to the facility for purposes of inspection by the County or its designated housing agency; provided, the County, its designated housing agency, and their agents shall be responsible for any damage to the property caused by such inspection. The County Executive may provide by regulation that any information received by either the County or its designated housing agency, pursuant to this subsection, is confidential and not subject to public disclosure.

    (3)   The County or its designated housing agency may exercise the right of first refusal by compliance with the following:

      a. The County or its designated housing agency shall, within sixty (60) days of the date notice is given, offer to the owner a binding contract containing substantially the same terms and conditions contained in the owner's notice, which contract shall be binding on the owner if the contract contains a contingency entitling the local government to secure financing within one hundred eighty (180) days from the date notice was given.

      b. Thereafter, the County or its designated housing agency shall satisfy or waive the financing contingency clause within the one hundred-eighty-day period.

      c. The settlement on the contract shall occur within one hundred eighty (180) days from the date notice was given.

    (4)   Notwithstanding the above, the owner and the County or designated housing agency may agree by the terms of the contract to extend the date within which the County or the designated housing agency shall secure financing, and within which settlement shall occur.

    (5)   Owner's Right To Proceed; Liability of County or Its Designated Housing Agency.

      a. If the County and its designated housing agency do not exercise their right of first refusal, the owner may enter into a contract and transfer title to any other buyer under substantially the same terms and conditions as contained in the notice to the County and its designated housing agency if the owner files an affidavit with the Department certifying that the requirements of this Section have been met.

      b. If the County and its designated housing agency fail to exercise their right of first refusal, the purchaser may proceed with creation of a condominium regime.

      c. The County and its designated housing agency shall be under no obligation to exercise their right of first refusal and shall have no liability for failure to exercise the right of first refusal created hereunder.

    (6)   If the County or its designated housing agency purchases the rental facility pursuant to exercise of the right of first refusal, it shall retain or provide for the retention of the property as a rental facility for at least three (3) years from the date of acquisition.

      a. This shall not, however, be construed as limiting the right to sell the property, enter into lease-purchase agreements, or do anything else permitted to be done by a property owner, subject only to the retention requirements set forth above.

      b. In the event of purchase and subsequent sale of a rental facility by the County or its designated housing agency pursuant to this section, the County or its designated housing agency shall endeavor to first sell the property to an organization or entity which will minimize displacement of the tenants residing in the facility, as determined in the sole discretion of the County Executive.

  (c)   Exemptions. The right of first refusal provided under this section shall not apply to any of the following transfers of rental facilities:

    (1)   Any transfer made pursuant to the terms of a bona fide mortgage or deed of trust agreement.

    (2)   Any transfer to a mortgagee in lieu of foreclosure or any transfer pursuant to any other proceedings, arrangement or deed in lieu of foreclosure.

    (3)   Any transfer made pursuant to a judicial sale or other judicial proceeding brought to secure payment of a debt or for the purpose of securing the performance of an obligation.

    (4)   Any transfer of the interest of one co-tenant to another co-tenant by operation of law or otherwise.

    (5)   Any transfer made by will or descent, or by intestate distribution.

    (6)   Any transfer made to any municipal, County or state government or to any agencies, instrumentalities or political subdivisions thereof.

    (7)   Any transfer to a spouse, son or daughter.

    (8)   Any transfer made pursuant to the liquidation of a partnership or corporation; or,

    (9)   Any transfer into a partnership or corporation wholly owned by the person(s) so contributing.

  (d)   Certificate of compliance or exemption. Within 10 days after the written application of any interested person, and upon the receipt of satisfactory proof, the Director must deliver to that person a written certificate in recordable form on, or incorporating by specific reference, any instrument made to evidence the transfer of a rental facility stating, as the circumstances may require, that either:

    (1)   As to that transfer, the requirements of this section have been fully complied with and the rights of the County and its designated housing agency pursuant to this section have terminated; or

    (2)   That transfer is exempt from the requirements of this section.

  The certificate of the Director shall be conclusive as to the County, its designated housing agency, the parties to the instrument, and all persons claiming under or through any of them. The Director may require the payment of a reasonable fee for the certificate.

  If the Director fails or refuses to deliver the certificate within the time specified, then the Director shall so notify the applicant in writing within the time specified and shall state, in reasonable detail, the reason or reasons for such failure or refusal.

  (e)   Applicability. The right of first refusal provided under this section shall not apply to any sale or transfer of a rental facility for which a contract for sale or transfer of the rental facility was entered into prior to July 1, 1981, and a notice of intention to convert to condominium was given prior to July 1, 1981, provided there is compliance with the law in effect prior to July 1, 1981.

  If a notice of the right of first refusal to purchase a rental facility was given prior to July 1, 1981, pursuant to any law in effect at the time the notice was given, the right of first refusal provided under this section shall not apply to any transfer of that rental facility made on substantially the same terms and conditions contained in that notice, provided there is full compliance with  the law in effect at the time the notice was given.

**Sec. 11A-4. Right of first refusal to purchase condominium units in a condominium regime.**

  (a)   Prior to the initial sale of individual condominium units in a conversion to a condominium regime, where the facility is registered with the secretary of state under section 11-127, Real Property Article, the owner, developer and landlord of the facility shall provide the county and its designated housing agency a right of first refusal to purchase certain individual condominium units in the condominium regime.

    (1)   For purposes of this section, the Montgomery County Housing Opportunities Commission is the designated housing agency.

    (2)   All contracts and agreements for the initial sale of an individual condominium unit in a condominium regime, and title obtained pursuant thereto, shall be contingent upon and subject to full compliance with the requirements of this section.

  (b)   Notice required; exercise of right of first refusal.

    (1)   Prior to the transfer of any condominium unit under this section, the owner, developer and landlord of the facility shall give written notice to the county and its designated housing agency of the terms and conditions under which the owner would agree to sell the condominium unit. Notice shall be deemed given on the latest date the notice is actually received by both the county and its designated housing agency. This notice shall constitute the terms and conditions of the right of first refusal exercisable by the county or its designated housing agency hereunder.

    (2)   The county or its designated housing agency may exercise the right of first refusal by entering into a binding contract with the owner within sixty (60) days following the date notice is given or the date by which a tenant in possession notifies the owner under section 11-136(a)(3), Real Property Article, whichever is later.

    (3)   The purchase price, terms and conditions of the contract of sale of the unit to the county or its designated housing agency shall be no less favorable than the purchase price, terms and conditions of comparable units offered to tenants under section 11-136, Real Property Article, unless otherwise agreed by all parties to the contract of sale.

  (c)   The right of first refusal under this section is subject to the limitations contained in sections 11-139(c)(1) and 11-139(c)(2), Real Property Article.

  (d)   If any grant of a condominium unit contains an affidavit by the grantor that the requirements of this section, if applicable, have been satisfied, then failure to satisfy the requirements of this section does not affect the validity of that grant and the grantee takes title free of any claim by the county or its designated housing agency arising pursuant to this section.

**Sec. 11A-5. Extended leases.**

  (a)   Authority.  In accordance with the legislative findings and declaration of a rental housing emergency caused by conversions of rental housing to condominiums, this Section is enacted under authority granted by § 11-140 of the Real Property Article.

  (b)   Definitions.  In this Section the following words have the meanings indicated.

    (1)

      (A)

        (B)   Except as provided in subparagraph (B), “annual income” has the meaning stated in § 11-137 of the Real Property Article.

      (B)   In subsections (d) and (f), “annual income” does not include income received by an individual who is employed by a non-profit entity for the purpose of monitoring, supervising, or caring for disabled individuals who reside in the same household as part of the program operated by the non-profit entity.

    (2)   “Disabled individual” means an individual who has a disability.

    (3)   “Disability,” “household,” and “senior citizen” have the meanings stated in § 11-137 of the Real Property Article.

  (c)   Life tenancies. A household that includes a senior citizen or disabled individual is entitled to an extended lease for a period of no less than the lifetime of the senior citizen or disabled individual if the:

    (1)   household meets the annual income limit established in subsection (h); and

    (2)   senior citizen or disabled individual has been a member of the household for at least 12 months before the notice required by § 11-102.1 of the Real Property Article is given.

  (d)   Three-year tenancies. The following households are eligible for a 3-year extended lease:

    (1)   A household that includes a senior citizen or disabled individual and meets the annual income limit in subsection (h), regardless of how long the senior citizen or disabled individual has been a member of the household.

    (2)   Any other household that meets the annual income limit in subsection (h).

    (3)   A household that includes a senior citizen or disabled individual, regardless of whether the household meets the annual income limit in subsection (h) or how long the senior citizen or disabled individual has been a member of the household.

  (e)   Lessee.

    (1)   If the lessee of a rental unit does not occupy the unit when the notice required by § 11-102.1 of the Real Property Article is given, and the unit is occupied by a household that is eligible for a 3-year extended lease under subsection (d), the lessee may execute a 3-year extended lease on behalf of the eligible household.

    (2)   A lessee that executes a 3-year extended lease as provided in paragraph (1) may retain the lease until the end of the specified 3-year period even if there is a change in the membership of the household that occupies the unit, so long as the household that occupies the unit at any particular time meets the eligibility criteria for a 3-year extended lease under subsection (d).

  (f)   Priority.

    (1)   If the total number of households eligible for an extended lease exceeds the 20% limit established in § 11-140 of the Real Property Article, the available units must be allocated in the following order of priority:

      (A)   to households eligible for a life tenancy under subsection (c);

      (B)   to households eligible for a 3-year lease under subsection (d)(1);

      (C)   to households eligible for a 3-year lease under subsection (d)(2); and

      (D)   to households eligible for a 3-year lease under subsection (d)(3).

    (2)   If allocating extended leases to all households in any of the 4 categories listed in paragraph (1) would exceed the 20% limit established in § 11-140 of the Real Property Article, priority within the category must be based on household annual income, with the lowest income household receiving the highest priority and the highest income household receiving the lowest priority.

  (g)   Extended tenancies. Extended tenancies under this section are subject to termination rights contained in § 11-137(h) of the Real Property Article.

  (h)   Income Limit.  The household annual income limit under this section is 80% of the median household income of the metropolitan statistical area in which the County is located, as determined by the Secretary of State under § 11-137(n) of the Real Property Article.

  (i)   A notice of intent to create a condominium required by § 11-102.1 of the Real Property Article must include notice of the rights created by this Section.

  (j)   Regulations. The County Executive may adopt regulations under method (3) to implement this Section, including regulations that establish:

    (1)   recordation requirements for owners of condominium units subject to life tenancies under this Section; and

    (2)   prohibitions against changing business or leasing practices to circumvent the application of this Section.

  Sec. 2. Legislative Findings. The County Council reaffirms the findings set forth in Section 11A-1 of the County Code.  Specifically, the County Council finds that a rental housing emergency exists in the County that is caused in part by the conversion of rental housing to condominiums.  The County Council’s findings are based on its understanding of the nature and incidence of condominium conversion that have occurred or are expected to occur in the County, the hardship experienced by tenants who are displaced when rental housing is converted to condominiums, and the scarcity of rental housing in the County.

  Sec. 3. Applicability. This Act does not apply to a rental facility for which the owner has given notice of intent to convert to the tenants and Secretary of State, as required by § 11-102.1 of the Real Property Article, before December 6, 2005.

**Sec. 11A-5A. Reserved.**

**Secs. 11A-5B, 11A-5C. Reserved.**

**Sec. 11A-6. Public offering statement.**

  A developer must file with the Director, concurrently with filing with the Secretary of State under state law, copies as required by regulation of the public offering statement described in state law, including copies of all amendments.

**Sec. 11A-7. Consumer guide.**

  (a)   The developer must file with the Director, concurrently with the filing of the public offering statement under Section 11A-6, copies as required by regulation of the consumer guide required under this Section. The developer must file any later amendments to the consumer guide with the Department.

  (b)   The purchaser shall be given at the time a contract is entered into between the developer and purchaser a consumer guide containing all information set forth in subsection (c), as well as a public offering statement. The purchaser shall be provided with any subsequent amendments to the consumer guide.

  (c)   The consumer guide shall be sufficient if it contains the following:

    (1)   Plat.

    (2)   Sample deed.

    (3)   Estimated itemized closing costs.

    (4)   Estimated itemized monthly housing costs, including principal, interest, taxes, condominium fee and utilities.

    (5)   Statement of all warranties, including statutory implied warranties.

    (6)   Name(s) of institutions offering long-term financing and terms, if the developer has obtained a commitment.

    (7)   Other information, as required by executive regulations adopted by the County Executive under method (3) of Section 2A-15 of this Code, to promote full and fair disclosure of the details of the transaction, the nature of condominium ownership and the characteristics of the particular condominium facility.

  (d)   A purchaser's right to receive a consumer guide may not be waived.

  (e)   Concurrently with the filing of the public offering statement and consumer guide with the Department, the developer must notify tenants in the rental facility in the manner

prescribed by regulation, of the filing and of the tenants' rights to review these documents.

  (f)   A Montgomery County property report accepted by the Director before July 1, 1981, may be considered the consumer guide for the condominium therein described for purposes of this Section.

**Sec. 11A-8. Notices to local government.**

  (a)   A developer must file with the Director a copy of the notice of intention to create a condominium concurrently with giving notice to tenants under state law.

  (b)   The owner/developer of any property in the County must notify the Director of the subjection of the property to a condominium regime in the County, concurrently with the recordation of the declaration, bylaws and condominium plat in County land records under state law.

**Sec. 11A-9. Budgeted reserves.**

  During the period when the developer retains control of the council of unit owners, the developer of a condominium shall budget and contribute annually to reserves. The contribution of the developer shall be in proportion to the number of condominium units owned by the developer, but in no event shall the total annual contributions of all unit owners, including the developer, be less than an amount calculated to maintain the reserve fund at a level adequate for deferred maintenance, repairs and replacement of those common elements or major components of common elements that must be replaced on a periodic basis.

  The county executive shall adopt regulations under method (3) of section 2A-15 of this Code detailing requirements of the budgeted reserves to be incorporated in the consumer guide.

**Sec. 11A-10. Inspection of property.**

  In the case of conversion from rental or other legal status to condominiums, a professional engineer, licensed to practice in the State of Maryland, designated by a tenant organization shall be given complete access to the extent that the owner has access to the property, and to all architectural plans, drawings, specifications and related documents for the purpose of inspection and verification of all information required in the public offering statement and the consumer guide. The owner shall be held harmless for any liability for such inspection. The group of prospective purchasers shall be responsible for any damage done to the property as a result of said inspection.

**Sec. 11A-11. Unlawful representations.**

  The fact that a public offering statement and a consumer guide has been filed with the county shall not constitute a finding by the county that the contents of the documents are true or accurate or that the county has in any way passed upon the merits or given approval to the condominium project. It shall be unlawful to make or cause to be made to a prospective purchaser any representations contrary to the information contained in the public offering statement or the consumer guide. It shall likewise be unlawful for any person to make or cause to be made in either the public offering statement or the consumer guide any statement of representation that is false or misleading to a prospective purchaser.

**Sec. 11A-12. Complaints, penalties, enforcement.**

  (a)   Any person subjected to any unlawful practice under this Chapter may file a complaint in writing with the Department under the provisions for filing complaints in Chapter 29.

  (b)   After receiving a complaint under this Chapter, the Department must conduct investigations and hearings authorized by Chapter 29 as necessary to resolve the complaint.

  (c)   If the Department finds that there has been a violation of this Chapter or any regulation, the Department may in its discretion:

    (1)   Attempt to conciliate the matter by conference or otherwise secure a written conciliation agreement; or

    (2)   Seek a written assurance of discontinuance signed by the developer and the Director; or

    (3)   Issue appropriate cease and desist orders; or

    (4)   Refer the matter to the County Attorney for injunctive or other appropriate legal action.

  (d)   Any person who violates any provision of this Chapter or fails to fulfill any obligation imposed by this Chapter or who makes any untrue or misleading statement of fact in the public offering statement or consumer guide or fails to state any fact required to be stated therein shall be liable for payment to the County of a civil penalty, recoverable in civil action, in the sum of not more than five hundred dollars ($500.00) for each such violation. Each copy of the public offering statement or consumer guide containing an untrue or misleading statement of fact or omission of any fact required to be stated therein shall constitute a separate offense. In addition thereto, the County may also proceed to enforce or correct any violations of this Chapter as a class A violation in the manner prescribed in Chapter 1, Sections 1-18 and 1-19 of the County Code.

  (e)   The criminal provisions of Sections 1-19 and 1-20 of the Montgomery County Code shall not apply to any violation of this Chapter.

  (f)   In addition to any other penalty herein provided, injunctive or other appropriate action or proceeding to correct a violation of this Chapter may be instituted by the County Attorney's office; and any court of competent jurisdiction may issue restraining orders, temporary or permanent injunctions or other appropriate forms of relief.

  (g)   Nothing herein shall prevent any person from exercising any right or seeking any remedy under this Chapter or exercising any right or seeking any remedy to which such person might otherwise be entitled or from filing appropriate complaints with a court of law or equity.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 11A-13. Administration of chapter.**

  The Department must administer this Chapter and the County Executive must, from time to time, adopt under method (2) regulations necessary to implement this Chapter.

**Sec. 11A-14. Reserved.**

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 11B. Contracts and Procurement.

### Article I. General Provisions.

**Sec. 11B-1. Definitions.**

  Unless the context indicates otherwise, the following terms have the following meanings:

  Bidder's list means the list of sources of supply for each category of goods, services, or construction purchased by the County.

  Change order means an order authorized by the County, directing the contractor to make changes which the contract authorizes the County to order without the consent of the contractor.

  Construction means the process of building, altering, repairing, improving, rehabbing, resurfacing, pavement milling or demolishing any structure or building, or other improvements of any kind to any real property, including routine operation, repair, and mechanical systems service contract for maintenance of existing structures, buildings, or real property.

  Contract means any agreement to which the County is a party for the procurement or disposal of goods, services, or construction, including any contract modification.

  Contract modification means any authorized alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual agreement of the parties to the contract or by change order.

  Contractor means any person that is a party to a contract with the County.

  Cost-reimbursement contract means a contract under which a contractor is reimbursed for costs which are allowable under the provisions of the contract, this Chapter, and a fee, if any.

  County-based bidder or offeror means a person that has its principal place of business in Montgomery County, as further defined by Executive regulation adopted under Section 11B-8.

  Data means recorded information, regardless of form or characteristic.

  Director means the Director of the Office of Procurement or the Director’s designee.

  Goods means all supplies, equipment, materials, and all tangible personal property, excluding real property.

  Invitation for bids means all documents, whether attached or incorporated by reference, used for soliciting a competitive sealed bid.

  Mechanical Systems Service Contract means a contract for service of the following systems:

    (a)   HVAC systems, including heating, ventilation, and cooling/air conditioning equipment;

    (b)   refrigeration systems;

    (c)   plumbing systems, including pipes, tanks, fittings, and other elements that control the water and gas supply, heating, and sanitation of a building;

    (d)   electrical systems, including any electrical power and overhead and underground lines, poles, transformers, and other related equipment; or

    (e)   elevator systems, including escalators, moving walkways, and other related conveyances.

  Person means any business, individual, union, committee, club, organization, group of individuals, firm, association, corporation, partnership, sole proprietorship, or other entity.

  Preference means a policy that favors one bidder over another and includes:

    (1)   a percentage preference;

    (2)   an employee residency requirement; or

    (3)   any other law, policy, or practice that favors a resident over a nonresident.

  Procurement means buying, purchasing, leasing or otherwise acquiring any goods, services, or construction. It also includes all functions that pertain to the obtaining of any goods, service, or construction, including description of requirements, selection and solicitation of sources, evaluation of offers, preparation and award of contract, dispute and claim resolution, and all phases of contract administration.

  Public entity means:

    (1)   the federal government;

    (2)   a state government and any of its agencies;

    (3)   any political subdivision of a state government and any of its agencies;

    (4)   any board, commission, or committee established by federal, state, or local law;

    (5)   any organization or association of the federal government, state governments, or political subdivisions of state governments; and

    (6)   any other entity that is:

      (A)   qualified as a non-taxable corporation under the United States Internal Revenue Code, as amended; and

      (B)   incorporated by an entity under paragraphs (1) through (5) for the exclusive purpose of supporting or benefiting an entity under paragraphs (1) through (5).

  Regulation means a regulation adopted by the Executive under method (1).

  Request for proposals means all documents, whether attached or incorporated by reference, used for soliciting a competitive sealed proposal.

  Responsible bidder or offeror means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will help assure good faith performance.

  Responsive bidder means a person who has submitted a bid which conforms in all material respects to the invitation for bids.

  Services means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term does not include employment agreements or collective bargaining agreements.

  Specification means the words used to describe the goods, services, or construction to be purchased.

  Tie bid means a low bid submitted by a responsible and responsive bidder that is identical in price to a bid from another responsible and responsive bidder under a formal solicitation.

  Using department means any department, office, or agency which utilizes any goods, services, or construction procured under this Chapter.

  Transition.  Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

  Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.

**Sec. 11B-2. Purpose of Chapter.**

  The purpose of this Chapter is, in part, to implement Sections 313 and 314 of the Charter, which provide for a centralized system of procurement of goods, services and construction under the professional supervision of the Chief Administrative Officer subject to the direction of the County Executive.

**Sec. 11B-3. Application of the Chapter.**

  This Chapter must apply to every expenditure of public funds, irrespective of their source, by the County and other entities subject to this Chapter under State law to acquire goods, services, or construction except as otherwise provided by County, State or federal law.

**Sec. 11B-4. Exemptions.**

  (a)   This Chapter, other than Article XII, does not apply to:

    (1)   a procurement made for the employees' retirement system under procedures approved by the Chief Administrative Officer;

    (2)   obtaining the services of special legal counsel under Sections 213, 108, or 410 of the Charter;

    (3)   the procurement of an independent auditor by the County Council under Section 315 of the Charter;

    (4)   obtaining the services of an impasse neutral, mediator, or fact finder under a County collective bargaining law under procedures approved by the Chief Administrative Officer;

    (5)   obtaining copyrighted material and information which is intended for use by the public in or through a public library under procedures approved by the Chief Administrative Officer;

    (6)   obtaining electricity, natural gas, and compressed natural gas, under executive regulations;

    (7)   purchasing goods or services for a County-sponsored recreational activity if the purchase is made on behalf of an identifiable group of persons who contribute funds to participate in the activity;

    (8)   obtaining entertainment services, including but not limited to contracts for musical performers; and

    (9)   obtaining the services of experts, consultants, and investigators by the County Attorney, whether in anticipation of litigation or in preparation for trial;

    (10)   obtaining advertising services from media sources;

    (11)   obtaining internet access service by administrative procedure under Section 2A-16; and

    (12)   any other procurement exempted from this Chapter by another law.

### Article II. Organization.

**Sec. 11B-5. Chief Administrative Officer.**

  (a)   The Chief Administrative Officer has the authority and responsibility for:

    (1)   the procurement of goods, services, and construction, and the management, control, warehousing, sale, and disposal of goods;

    (2)   deciding matters of procurement policy; and

    (3)   auditing and monitoring the implementation of regulations and the requirements of this Chapter.

  (b)   All rights, powers, duties, and authority to administer the procurement system are vested in the Chief Administrative Officer.

**Sec. 11B-6. Director, Office of Procurement.**

  (a)   The Director, under the supervision of the Chief Administrative Officer, is the central procurement officer of the County.

  (b)   Duties. Except as otherwise specifically provided in this Chapter, the Director must, under regulations:

    (1)   procure or supervise the procurement of all goods, services, and construction; and

    (2)   sell, trade, or otherwise dispose of surplus goods.

**Sec. 11B-7. Contract Review Committee.**

  A Contract Review Committee may be established.

**Sec. 11B-8. Regulations.**

  Regulations may be adopted by the County Executive to:

  (a)   implement this Chapter;

  (b)   promote the efficient and orderly operation of the procurement system; and

  (c)   impose fees for services or products related to procurement.

### Article III. Methods of Source Selection.

**Sec. 11B-9. Formal solicitation - competitive sealed bidding.**

  (a)    Conditions for use. Contracts must be awarded by competitive sealed bidding except as otherwise authorized in this Chapter or regulations.  Competitive sealed bidding is initiated by issuing an invitation for bids.

  (b)    Invitation for bids. An invitation for bids must include specifications, evaluation criteria including the procedure for resolving tie bids, and all contractual provisions applicable to the procurement.

  (c)   Public notice. The Director must give public notice of an invitation for bids a reasonable time before the date set for the opening of bids.

  (d)   Bid opening. Bids must be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids.  The amount of each bid, and other relevant information as may be specified by regulation, together with the name of each bidder, must be recorded.  The record and each bid is open to public inspection.

  (e)   Bid acceptance and bid evaluation.

    (1)   Bids must be unconditionally accepted without alteration or correction, except as authorized by regulation.

    (2)   Bids must be evaluated based on the requirements set forth in the invitation for bids.

      (A)   An invitation for bids may include criteria to determine the acceptability of a bid such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose.  A bid that is not acceptable must not be considered for contract award.

      (B)   All criteria in the invitation for bids that affect the evaluation of the bid price must be objectively measurable, such as discounts, transportation costs, and total or life cycle costs.

  (f)   Correction or withdrawal of bids; cancellation of awards.

    (1)   Correction or withdrawal of inadvertently erroneous bids before or after award, or cancellation of awards or contracts based on bid mistakes, may be permitted under regulations.  A decision to permit the correction or withdrawal of a bid, or to cancel a contract award based on a bid mistake, must be supported by a written determination made under regulations.

    (2)   After bid opening changes in bid prices or other provisions of bids prejudicial to the interest of the County or fair competition must not be permitted.

  (g)   Award. The contract may be awarded to the responsible and responsive bidder who submits the lowest bid which meets the requirements and criteria set forth in the invitation for bids.  In determining whether a bid is responsive, the Director may waive a minor informality if the Director determines that a waiver is in the best interests of the County.  A minor informality means a requirement in a bid which is merely a matter of form or is an immaterial provision in the solicitation.  The Director may determine the defect in the bid to be immaterial when the significance of the defect as to price, quantity, quality, or delivery is trivial or negligible when contrasted with the total cost or scope of the procurement.  The decision of the Director with respect to whether a requirement is a minor informality is final and may not be challenged by a bidder.

  (h)   Multiple awards. Multiple awards may be made under a single invitation for bids if the invitation for bids provides for multiple awards.

  (i)   Tie Bids. If the Director makes an award, the Director must award a contract to the County-based bidder when there is a tie bid between a County-based bidder and a non County-based bidder.

  (j)   Reciprocal preference for County-based bidder.

    (1)   In making an award under this Section, the Director must give a preference to a responsible and responsive County-based bidder if:

      (A)   a non County-based bidder is the lowest responsible and responsive bidder;

      (B)   the non County-based bidder has its principal place of business in a state or political subdivision that gives a preference to its residents; and

      (C)   a preference does not conflict with a federal law or a grant affecting the purchase or contract.

    (2)   A preference given under this subsection must be identical to the preference that the other state or political subdivision gives to its residents.

    (3)   A preference must not be given under this subsection if it would result in an award to a County-based bidder when:

      (A)   a non County-based bidder has submitted a lower responsible and responsive bid than any County-based bidder before the application of any reciprocal preference; and

      (B)   the non-County-based bidder has its principal place of business in a state or political subdivision that does not give a preference to its resident.

**Sec. 11B-10. Formal solicitation - competitive sealed proposals.**

  (a)   Conditions for use. Generally a contract for professional services should be awarded by competitive sealed proposals.  Professional services include services of attorneys, physicians, architects, and engineers.  If the Director determines that the use of competitive sealed bidding is not practical or advantageous to the County, a contract may be awarded by competitive sealed proposals.

  (b)   Request for proposals. Competitive sealed proposals must be initiated through a request for proposals.

  (c)   Public notice. The Director must give public notice of a request for proposals a reasonable time before the date set for submission of proposals.

  (d)   Evaluation and method of award.

    (1)   A request for proposals must contain evaluation factors and an explanation of how the rank of an offeror will be determined, including the procedure for resolving ties in ranking. Evaluation factors must include factors related to the technical quality of the proposal or the ability of the offeror, or both.  Evaluation factors may include price.  The evaluation process may involve one or more steps.

    (2)   If the Director determines that a sufficiently detailed scope of services has been developed to allow for selection of a contractor on the basis of price, the evaluation process may provide for the selection of a proposed contractor by requiring all offerors who meet pre-established levels of competency as reflected in scores awarded by the qualification and selection committee to compete for the contract award on the basis of price alone.  Price submissions must be submitted in a sealed offer.  If required in the Request for Proposal, the price proposal must be binding on the offeror.  The price proposal may be submitted at any point during the evaluation process as stated in the Request for Proposals.  If the Director decides to award a contract on price alone, the Director must award a contract to the County-based offeror when a qualified County-based offeror and a qualified non County-based offeror have submitted equally ranked price proposals.

  (e)    Qualification and selection committee. A qualification and selection committee must review and evaluate the proposals and recommend in order of preference the most qualified offerors.

  (f) 
									   Approval of contract awards.
									 The Director must approve the proposed ranking of offerors.  If a County-based offeror and a non County-based offeror each receive an identical ranking score, the Director must consider the County-based offeror to be the higher ranked offeror.

  (g) 
									   Negotiation with responsible offerors.
									 Unless a binding offer has been required under the request for proposal, the Director may negotiate a contract with the approved top-ranked offeror.  If a contract cannot be successfully negotiated with the top-ranked offeror, the Director may authorize that negotiations be undertaken with the next highest ranked offeror.  If the Director approves, negotiations may be undertaken simultaneously with two or more of the top ranked offerors.  If a binding offer has been required under the Request for Proposals, the Director may enter into a contract with the top-ranked offeror without negotiation.

  (h) 
									   Multiple awards.
									 Multiple awards may be made under a single request for proposals if the request for proposals provides for multiple awards.

**Sec. 11B-11. Request for expressions of interest.**

  (a)   Conditions of use. A request for expressions of interest may be used to:

    (1)   obtain essential procurement information needed to prepare a subsequent solicitation;

    (2)   develop a ready source of potential bidders or offerors who can respond within a short time frame to a subsequent solicitation; or

    (3)   resolve technological or programmatic questions relative to how government requirements can best be supplied.

  (b)   Evaluation. A request for expressions of interest must contain evaluation factors and an explanation of how the list of bidders or offerors who will be eligible to receive a subsequent solicitation will be determined.

  (c)   Public notice. As determined by the Director, public notice of the request for expressions of interest must be given a reasonable time prior to the date set for submission of proposals in accordance with regulations.

  (d)   Qualification and selection committee. A qualification and selection committee must review and evaluate the proposals and recommend a list of bidders or offerors who will be eligible to receive a subsequent solicitation.

  (e)   Director. The Director must approve, disapprove, or remand a recommendation for the proposed list of bidders or offerors eligible to receive a subsequent solicitation.

  (f)   Subsequent solicitation. A request for expressions of interest does not directly lead to the award of a contract.  Only those bidders or offerors determined to be eligible to receive a subsequent solicitation may participate in the subsequent solicitation.  A subsequent solicitation may be accomplished through competitive sealed bids, competitive sealed proposals, or an informal solicitation.  Proposals received under a request for expressions of interest may form a basis for justifying a noncompetitive contract award.

**Sec. 11B-12. Competitive negotiations.**

  (a)   Competitive negotiation may be used if:

    (1)   no bid or proposal is received or only one bid is received by the time and date specified in the solicitation;

    (2)   none of the bids or proposals received are acceptable;

    (3)   none of the bids or proposals received meets County price or budget limitations, including fairness and reasonableness of price; or

    (4)   none of the bidders or offerors are responsible.

  (b)   The Director must announce by public notice the County's intent to enter into competitive negotiations.  The public notice must name the person with whom the County intends to negotiate.

  (c)   If no timely bid or proposal is received or only one timely bid is received, competitive negotiations may take place concurrently with all those solicited who indicate a desire to participate in the negotiations.  If more than one bid or proposal is received, negotiations may be held with the bidder or offeror who most nearly meets the County's requirements, including price, to attempt to negotiate an acceptable offer.  If negotiations fail with the most qualified bidder or offeror, negotiations may proceed to the next most qualified bidder or offeror.

**Sec. 11B-13. Informal solicitation.**

  A contract may be awarded under an informal solicitation if requirements, which should include monetary thresholds, established under regulations are met.  An informal solicitation is a means to select a contractor other than by competitive sealed bids or competitive sealed proposals.

**Sec. 11B-14. Non-competitive contract award.**

  (a)   A contract may be awarded without competition if the Chief Administrative Officer makes a written determination that the contract award serves a public purpose and:

    (1)   there is only one source for the required goods, service, or construction which can meet the minimum valid needs of the County, including timeliness of performance;

    (2)   the contract is in connection with potential or pending litigation, condemnation, or collective bargaining;

    (3)   a proposed contractor or subcontractor has been specifically identified in a grant accepted by the County; or

    (4)   a proposed contractor has been identified in an appropriation resolution approved by the Council.

  (b)   A non-competitive award under paragraph (a)(1) must not be made without the approval of the Chief Administrative Officer if the value of the award exceeds the monetary threshold for an informal solicitation under Section 11B-13.

**Sec. 11B-15. Open solicitation.**

  (a)   The Director may award a contract to a person who meets pre-established minimum qualifications under an open solicitation.  An open solicitation may only be used when the County can utilize the goods or services of all qualified offerors and expects to award a contract to each qualified person who applies for a contract subject to the availability of funds.  An open solicitation permits the County to receive and act on an application for a contract award on a continuing basis.

  (b)   An open solicitation must be accomplished under a plan approved by the Chief Administrative Officer which:

    (1)   provides for periodic review and approval by the Chief Administrative Officer;

    (2)   establishes a process for a person to apply for a contract;

    (3)   provides for periodic public notice inviting potential contractors to apply for a contract;

    (4)   establishes the criteria under which an application for a contract will be accepted or rejected;

    (5)   uses a preapproved form contract which must be entered into by a successful applicant; and

    (6)   ensures that the cost of all contracts entered into under the open-ended solicitation will not exceed available funds.

**Sec. 11B-16. Emergency procurement.**

  The Director may make or may authorize the head of a using department to make an emergency procurement when there exists a threat to public health, welfare, or safety under emergency conditions as defined in regulations.  An emergency procurement must be made with competition to the extent practical under the circumstances.

**Sec. 11B-17. Dissemination of confidential information prohibited.**

  The County Executive must adopt regulations prohibiting the dissemination of confidential information or documents to protect the integrity and competitive nature of the procurement system.

**Sec. 11B-17A. Internet Posting Requirements.**

  (a)   Each using department must post each planned informal solicitation to purchase goods, services, and construction, with a value greater than $10,000 and less than $100,000, on a County web site for 5 business days before making a purchase or entering into a contract.  Each purchase must be made as provided under Section 11B-13.

  (b)   Each posting must contain:

    (1)   the name and a brief description of the goods, services, or construction being procured;

    (2)   the delivery schedule;

    (3)   contact information for the department employee responsible for the purchasing; and

    (4)   any other applicable performance requirement.

  (c)   The Director may waive this posting requirement when a purchase is necessary to meet an imminent threat to public health, welfare, or safety.  The Director must keep records on the number of waivers issued and the reason for each waiver, and must report this information to the Director of Economic Development, who must include this information in the annual report on the Local Small Business Reserve Program under Section 11B-69(b).

### Article IV. Source Selection.

**Sec. 11B-18. Bid security.**

  The Director may require bid security as a condition of submitting a competitive sealed bid.  The Director must determine the amount of bid security.  Bid security must be:

  (a)   a bond provided by a surety company authorized and licensed to do business in this State;

  (b)   cash; or

  (c)   other security satisfactory to the County.

**Sec. 11B-19. Specifications.**

  Specifications should be prepared to encourage, to the extent practical, maximum competition.  Specifications must not be prepared to favor a prospective bidder or offeror.  The specifications should describe the minimum valid needs of the County.

**Sec. 11B-20. Responsibility of bidders and offerors.**

  A contract must not be awarded to a bidder or offeror that is not responsible.  A written determination of nonresponsibility of a bidder or offeror must be made under regulations.  The Director may find a bidder or offeror nonresponsible if the bidder or offeror fails to provide in a timely manner information requested by the Director in connection with an inquiry with respect to responsibility.

**Sec. 11B-21. Cancellation of a solicitation; rejection of bid proposal.**

  (a)   An invitation for bids, a request for proposals, or other solicitation may be canceled at any time when it is in the best interests of the County.

  (b)   A bid or proposal may be rejected in whole or in part as specified in the solicitation.

### Article V. Contract Formation.

**Sec. 11B-22. Contracts.**

  (a)   Any type of contract which promotes the best interests of the County may be used; however, compensation must not be based on cost plus a percentage of cost.  A cost-reimbursement contract may be used if the Director determines that a cost-reimbursement contract is likely to be less costly to the County than any other type of contract or that it is impracticable to obtain the goods, services, or construction required except under a cost-reimbursement contract.  Under a cost-reimbursement contract, compensation may be based on cost plus a fixed fee or an incentive fee.

  (b)   Each contract must be documented and authorized by a County official authorized by regulation to bind the County to a contract.

  (c)   A construction contract awarded under a competitive sealed bid must not prohibit the payment to a contractor of actual and direct damages that result from a delay in completing the project within contractual time limits if the delay is caused by the County unless the County acted to:

    (1)   protect the public health or safety; or

    (2)   conform to law.

**Sec. 11B-23. Multi-term contracts.**

  (a)   Specified period. Unless otherwise provided by law or regulation, a contract for goods, services, or construction may be entered into for any period of time deemed to be in the best interest of the County.  The term of the contract and conditions of extension should be included in the solicitation, if any.  At a minimum, appropriated funds must be available for the first fiscal period at the time of entering the contract sufficient to defray the cost to which the County would become obligated under the contract.  Payment and performance obligations for succeeding fiscal periods must be subject to the availability and appropriation of funds.

  (b)   Determination prior to use. Before using a multi-term contract, the Director must determine that:

    (1)   estimated requirements over the period of the contract are reasonably firm and continuing; and

    (2)   the contract will serve the best interests of the County by encouraging effective competition or otherwise promoting economies in County procurement.

  (c)   Termination due to unavailability of funds in succeeding fiscal periods. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract must be terminated without further cost to the County.

  (d)   Contract price increase provision. A multi-term contract for residential solid waste, recycling, or yard waste collection and disposal must include a price increase provision for each year of the contract beginning after the end of the first year of the contract. A price increase provision must require the County to increase the contract price by an amount sufficient to compensate the contractor for an increase in wages paid to the employees performing work on a covered contract to the extent the increase in wages does not exceed the last general wage increase approved by the County for members of the service, labor, and trades bargaining unit established in Section 33-105(a)(1). A price increase provision must:

    (1)   require the contractor to document that the increase in wages supporting the requested contract price increase are paid to the employees working on the contract during the year; and

    (2)   permit the Director to audit the contractor’s payroll records to validate the increase in wages.

    This subsection does not prohibit a contract provision that would permit an increase in the contract price due to an increase in costs incurred by the contractor other than an increase in wages paid to the contractor’s employees performing work on the contract.

**Sec. 11B-24. Encumbrance of funds.**

  A contract is not valid until the Director of Finance certifies that the unencumbered balance in the appropriation is sufficient to defray the cost to which the County would become obligated under the contract.

**Sec. 11B-25. Voidable contracts; claims.**

  A purchase or contract made in a manner contrary to the Charter, this Chapter, or regulations is voidable at the option of the County.  However, a person who supplies goods, services, or construction in good faith to the County at the direction of a County employee may file a claim to receive compensation for goods, services, or construction accepted by the County.  Compensation must not exceed a fair and reasonable price for the benefit received by the County.  The violation which leads to the necessity for a claim must occur through no fault of the person making the claim.

**Sec. 11B-26. Cost and pricing analysis.**

  The Director must use cost and price analysis for County contracts and contract modifications as provided in regulation.

### Article VI. Contract Administration.

**Sec. 11B-27. Performance and payment security.**

  (a)   The Director may require a contractor to provide performance and payment security in an amount determined by the Director.  Performance security guarantees performance of the contract.  Payment security guarantees payment for all labor and materials, including leased equipment, provided to the contractor for the performance of work under the contract.

  (b)   In a construction contract, the Director must require performance and payment security in an amount at least equal to that required by State law.

  (c)   Performance and payment security must be:

    (1)   a bond provided by a surety company authorized to do business in this State;

    (2)   cash; or

    (3)   other security satisfactory to the County.

**Sec. 11B-28. Plant inspection.**

  The County may, at reasonable times, inspect the part of a plant, place of business, or place where the services are performed of a potential contractor, contractor, or any subcontractor which is related to the performance of any contract awarded or to be awarded by the County.

**Sec. 11B-29. Inspection and testing of supplies and services.**

  The County may inspect supplies and services at the contractor or subcontractor's facility and perform tests to determine whether they conform to solicitation requirements, or, after award, to contract requirements, and are therefore acceptable.  The inspections and tests must be conducted under the terms of the solicitation and contract.

**Sec. 11B-30. Audit of records.**

  (a)   Audit of cost or pricing data. The County may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data under Section 11B-26 (Cost or Pricing Data) to the extent that the books and records relate to the cost or pricing data.  Any person who submits cost and pricing data must maintain the books and records that relate to the cost or pricing data for 3 years from the date of final payment under the contract, unless a shorter period is authorized by contract.

  (b)   Contract audit. The County may audit the books and records of a contractor or any subcontractor under any contract to the extent that the books and records relate to the performance of the contract.  The books and records must be maintained by the contractor for a period of 3 years from the date of final payment under the prime contract and by the subcontractor for a period of 3 years from the date of final payment under the subcontract, unless a shorter period is authorized by contract.

**Sec. 11B-31. Procurement records.**

  All procurement records must be retained and disposed of under records retention guidelines and schedules in regulations.

**Sec. 11B-32. Record of procurement actions.**

  (a)   Actions covered. The Director must maintain a record for 5 years of any:

    (1)   non-competitive contract award (Section 11B-14);

    (2)   emergency procurement (Section 11B-16);

    (3)   contract modification exceeding $25,000;

    (4)   public entity contract (Section 11B-41); or

    (5)   bridge contract (Section 11B-42).

  (b)   Contents of record. The record must include:

    (1)   each contractor's name;

    (2)   the amount of each contract or contract modification; and

    (3)   a listing of the goods, services, or construction procured under each contract or each contract modification.

  (c)   Submission to County Council. A copy of the record required under this Section for the preceding fiscal year must be submitted to the Council by September 30 of each year.

**Sec. 11B-33. Nondiscrimination in employment.**

  (a)   Each contractor and subcontractor must comply with the requirements of Chapter 27, and all federal civil rights requirements prohibiting discrimination in employment. Contractors must take affirmative action to ensure that all persons are treated in accordance with the provisions of Chapter 27.

  (b)   In the event of a noncompliance by a contractor or subcontractor with the nondiscrimination requirements, the contract or subcontract may be canceled, terminated, or suspended in whole or in part and the contractor or subcontractor may be declared ineligible for further County contracts.  Other sanctions may be imposed and remedies invoked as provided in regulations or by contract.  Contractors are required to bind their subcontractors contractually to the provisions of this Section.

**Sec. 11B-33A. Wage requirements.**

  (a)   Scope. Any contract for procurement of services by a County department or office must require the contractor and any subcontractor to comply with the wage requirements of this Section.  As used in this Section, “covered employer” refers to any contractor or subcontractor that is subject to this Section.

  (b)   Exceptions to coverage.  This Section does not apply to:

    (1)   a contractor who, at the time a contract is signed:

      (A)   has received less than $50,000 from the County in the most recent 12-month period; and

      (B)   will be entitled to receive less than $50,000 from the County under that contract in the next 12-month period;

    (2)   a contract with a public entity;

    (3)   a contract with a nonprofit organization that has qualified for an exemption from federal income taxes under Section 501(c)(3) of the Internal Revenue Code;

    (4)   a non-competitive contract awarded under Section 11B-14 if the Chief Administrative Officer finds that the performance of the contract would be significantly impaired if the wage requirements of this Section applied;

    (5)   a contract for electricity, telephone, cable television, water, sewer, or similar service delivered by a regulated public utility;

    (6)   a contract for services needed immediately to prevent or respond to an imminent threat to public health or safety;

    (7)   an employer to the extent that the employer is expressly precluded from complying with this Section by the terms of any federal or state law, contract, or grant;

    (8)   a bridge contract entered into under Section 11B-42; or

    (9)   a contract entered into under a cooperative procurement under Section 11B-40.

The Executive by regulation may increase the amount in subsection (b)(1) to reflect increases in the cost of living.

  (c)   Solicitation requirements.

    (1)   Each bid or proposal to provide services to the County must specify how the contractor and each subcontractor will comply with these wage requirements, and must include sufficient funds to meet these requirements. The Director, for good cause shown, may permit a bidder or proposer to provide this information after the bid or proposal is submitted if:

      (A)   the information is provided before the time for evaluation of the bid or proposal and no later than contract award;

      (B)   the original bid or proposal price does not change; and

      (C)   the Director approves the later submission in writing.

    (2)   Each bid or proposal to provide services to the County which is submitted by an organization that is exempt from coverage under subsection (b)(3) must specify the wage the organization intends to pay to those employees who will perform direct, measurable work under the contract, and any health insurance the organization intends to provide to those employees.  In evaluating the cost of a bid or proposal the County must disregard any additional cost attributable to payment of the wage requirements of this Section by any organization that is exempt from coverage under subsection (b)(3) when compared to a bid or proposal submitted by another organization that is also exempt from coverage under subsection (b)(3).

    (3)   A contractor must not split or subdivide a contract, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor, to avoid the imposition of any requirement under this Section.

  (d)   Health insurance.

    (1)   Definitions.  As used in this subsection;

Health insurance means insurance coverage that is part of an employer benefit package that pays for medical expenses incurred by an employee and an employee’s family either by reimbursing the employee or by paying the care provider directly and provides the minimum essential health benefits required under the Patient Protection and Affordable Care Act, 26 U.S.C. §5000A, as amended.

Maryland Health Benefit Exchange means the public corporation and independent unit of Maryland State government established in Title 31 of the Maryland Insurance Code.

    (2)   A contractor or subcontractor who does not provide health insurance for an employee who provides services to the County must:

      (A)   report to the Director the job title and salary for each employee providing services to the County under the contract who does not have health insurance without identifying confidential medical information; and

      (B)   permit each employee without health insurance to meet with a County representative designated by the Director of Health and Human Services during normal work hours to receive help applying for health insurance on the Maryland Health Benefit Exchange, including any available Federal tax subsidy.

    (3)   The Director of the Department of Health and Human Services or a designee must assist any employee of a contractor or subcontractor without health insurance who requests help to apply for health insurance on the Maryland Health Benefit Exchange, including any available Federal tax subsidy.

    (4)   Each contractor must submit a quarterly payroll report to the Chief Administrative Officer for each employee of the contractor or any subcontractor who performed services on the contract that includes:

      (A)   the wages paid to the employee; and

      (B)   the employer and the employee share of any health insurance premium provided to the employee.

    (5)   The Director must retain the quarterly payroll reports submitted by the contractor under paragraph (4) for at least 3 years after the completion of the contract. On or before each September 1, the Director must report to the Executive and the Council the number of employees of a contractor or subcontractor who provided services to the County during the previous fiscal year who had health insurance and the number of employees who did not have health insurance.

  (e)   Wage requirement.

    (1)   Each covered employer must pay each employee who is not exempt under subsection (f) a gross wage of at least $10.50 per hour during the time the employee actually provides services to the County. For employees who are not paid an hourly wage, compliance with the wage requirement must be measured by dividing the amount paid to the employee each pay period by the number of hours worked each pay period.

    (2)   The Chief Administrative Officer must adjust the wage rate required under this subsection, effective July 1 of each year, by the annual average increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the previous calendar year.  The Chief Administrative Officer must calculate the adjustment to the nearest multiple of 5 cents, and must publish the amount of this adjustment not later than March 1 of each year.  Each adjustment under this paragraph applies to any contract covered by this Section which:

      (A)   is in effect when the adjustment takes effect, or

      (B)   takes effect during the next 12 months.

    (3)   A covered employer must not make any deduction for any item necessary for an employee to perform the essential job function unless the deduction is permitted by Executive regulation.

  (f)   Exceptions to wage requirement.  The wage requirements of this Section do not apply to any employee:

    (1)   who performs no measurable work related to any contract with the County;

    (2)   who participates in a government-operated or -sponsored program that restricts the earnings of or wages paid to employees to a level below the wage required under this Section; or

    (3)   who participates for no longer than 120 days in any calendar year in a government-operated or -sponsored summer youth employment program.

  (g)   Wage reporting.

    (1)   The Director must insert into each contract subject to this Section a provision that requires a covered employer to submit to the Director a report (on a schedule determined by the Director) showing a summary of the wages paid to its employees, who performed direct, measurable work under the contract, by gender and race.

    (2)   Each contractor and subcontractor must submit a complete copy of its payroll records for work performed on a contract covered by this Section to the Chief Administrative Officer or a designee within 14 days after the end of each quarter.

    (3)   The payroll records must contain a statement signed by the contractor or subcontractor certifying that:

      (A)   the payroll records are correct; and

      (B)   the wage rates paid are not less than those required by this Section.

    (4)   Each payroll record must include:

      (A)   the name, address, and telephone number of the contractor or subcontractor;

      (B)   the name and location of the job; and

      (C)   each employee’s:

        (i)   name;

        (ii)   current home address, unless previously reported;

        (iii)   daily straight time and overtime hours;

        (iv)   total straight time and overtime hours for the payroll period;

        (v)   rate of pay;

        (vi)   fringe benefits by type and amount;

        (vii)   gross wages; and

        (viii)   the employer and the employee share of any health insurance premium provided to the employee.

    (5)   Each contractor or subcontractor must:

      (A)   keep payroll records covering work performed on a contract covered by this Section for not less than 5 years after the work is completed; and

      (B)   subject to reasonable notice, permit the Chief Administrative Officer or a designee to inspect the payroll records at any reasonable time and as often as the Chief Administrative Officer deems necessary.

    (6)   The Chief Administrative Officer or a designee must make payroll records obtained from contractors or subcontractors under this Section available for public inspection during regular business hours for 5 years after the Chief Administrative Officer receives the records, unless disclosure of a record is prohibited under federal or state law.

    (7)   Prohibition against retaliation. Except as provided in paragraph (8), a covered employer must not discharge or in any other manner discriminate or retaliate against an employee, who performed direct, measurable work under the contract, because the employee:

      (A)   has inquired about, discussed, or disclosed the wages of the employee or another employee;

      (B)   asserts any right under this subsection; or

      (C)   files any complaint for violation of this subsection.

    (8)   The prohibition against retaliation under paragraph (7) does not apply to an employee who has access to wage information of other employees or applicants as part of the employee’s essential job functions and discloses the wages of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to:

      (A)   a formal complaint or charge;

      (B)   in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by a covered employer; or

      (C)   is consistent with the contractor’s legal duty to furnish information.

    (9)   The Director may refer a report to the Office of Human Rights for investigation of a possible violation of Chapter 27, Human Rights and Civil Liberties.

    (10)   On or before December 31, 2019, the Director must submit to the County Executive and the County Council a report on the evaluation of the wage data submitted by contractors and subcontractors under paragraph (1). This report must include:

      (A)   the number of reports reviewed;

      (B)   the number of reports referred to the Office of Human Rights for investigation;

      (C)   the number of probable cause findings by the Office of Human Rights resulting from these reports;

      (D)   a list of sanctions imposed upon a contractor for a violation of subsection (g); and

      (E)   any other information the Director finds relevant to evaluate the effect of this reporting requirement on wage equity.

  (h)   Conflicting requirements.  If any federal, state, or County law or regulation requires payment of a higher wage, that law or regulation controls.  If any applicable collective bargaining agreement requires payment of a higher wage, that agreement controls.

  (i)   Enforcement.

    (1)   The Chief Administrative Officer must require each covered employer to:

      (A)   certify that the employer and each subcontractor is aware of and will comply with the applicable wage requirements of this Section;

      (B)   keep and submit any records necessary to show compliance; and

      (C)   conspicuously post notices informing employees of the requirements of this Section, and send a copy of each such notice to the Chief Administrative Officer’s designee.

    (2)   The Chief Administrative Officer or a designee must perform random or regular audits and investigate any complaint of a violation of this Section. If the Director determines that a provision of this Section has been violated, the Director must issue a written decision, including imposing appropriate sanctions, and may withhold from payment due the contractor, pending a final decision, an amount sufficient to:

      (A)   pay each employee of the contractor or subcontractor the full amount of wages due under this Section;

      (B)   satisfy a liability of a contractor for liquidated damages as provided in this Section; and

      (C)   reimburse the County for the cost of the audit.

    (3)   An employer must not discharge or otherwise retaliate against an employee for asserting any right under this Section or filing a complaint of violation.  Any retaliation is subject to all sanctions for noncompliance with this Section.

    (4)   The sanctions of Section 11B-33(b) which apply to noncompliance with nondiscrimination requirements apply with equal force and scope to noncompliance with the wage requirements of this Section.

    (5)   Each contract may specify that liquidated damages for any noncompliance with this Section includes the amount of any unpaid wages, with interest, and that the contractor is jointly and severally liable for any noncompliance by a subcontractor.  In addition, each contract must specify:

      (A)   that liquidated damages may be imposed on the contractor in the event that a covered employer violates the wage reporting or payroll records reporting requirement in subsection (g), including for providing late or inaccurate payroll records; and

      (B)   that an aggrieved employee, as a third-party beneficiary, may by civil action enforce the payment of wages due under this Section and recover any unpaid wages with interest, a reasonable attorney’s fee, and damages for any retaliation for asserting any right under this Section.

    (6)   If a contractor or subcontractor fails to submit, or is late in submitting, copies of any payroll record or other report required to be submitted under this Section, the County may deem invoices unacceptable until the contractor or subcontractor provides the required records or reports, and may postpone processing payments due under the contract or under an agreement to finance the contract.

  (j)   Report.

    The Chief Administrative Officer must report annually to the Council and Executive on the operation of and compliance with this Section.  In addition, the report filed under Section 11B-61(a) each year must compute the number of contracts and subcontracts with minority-owned businesses that are subject to the requirements of this Section, and how that number has changed since the year before those requirements took effect.

  (a)   apply to any contract in effect on or after the date this Act takes effect; and

  (b)   are not effective after July 1, 2017.

**Sec. 11B-33B. Use of County Funds.**

  (a)   Purpose.  Sound fiscal management requires vigilance to ensure that County funds appropriated for a service contract or a grant award to participate in a County-funded program are expended solely for the public purpose for which they are appropriated.  If County funds are appropriated for a service contract or a grant award to participate in a County-funded program, and those funds are instead used to encourage, discourage, or otherwise influence union activity or organization, the proprietary interests of the County are adversely affected.  The use of County funds to encourage, discourage, or otherwise influence employees from union activity or organizing constitutes a misuse of County resources.

  (b)   Use of Funds.  County funds appropriated for a service contract or a grant award to participate in a County-funded program must not be encumbered or used to assist, promote, deter, or otherwise influence union activity or organizing.  Nothing in this Section shall be construed to prohibit the expenditure of County funds appropriated for a service contract or a grant award from being used to perform another act required by law.

  (c)   Specific Restrictions.  County funds for a service contract or a grant award to participate in a County-funded program must not be used to:

    (1)   prepare, mail, or otherwise distribute materials related to union activity or organizing;

    (2)   hire an attorney or a consultant to assist, promote, deter, or otherwise influence union activity or organizing;

    (3)   encourage, discourage, or otherwise influence an employee from taking a position on union organizing in the workplace;

    (4)   prevent or facilitate access to an employer’s facilities or property by a labor organization or its representatives;

    (5)   encourage or discourage a program manager, policy council, committee, or community or parent group from assisting or participating in a union activity or organizing.

  (d)   Enforcement.

    (1)   The Chief Administrative Officer must require each contractor or grantee to:

      (A)   Certify that the contractor or grantee will not expend County funds to assist, promote, deter, or otherwise influence union activity or organizing and will comply with the requirements of this Section.

      (B)   Keep and submit any records associated with County funds received for a service contract or a grant award to participate in a County-program necessary to show compliance.  A contractor or grantee must provide these records to the County upon request.

    (2)   The Chief Administrative Officer must enforce this Section and investigate any complaint of a violation.

  (e)   Penalty.  A contractor or grantee must pay the County the amount of funds expended in violation of this Section.

**Sec. 11B-33C. Prevailing Wage Requirements — Construction Contracts.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    Apprentice means an individual who:

    (1)   is at least 16 years old;

    (2)   has signed an agreement with an employer or employer’s agent, an association of employers, an organization of employees, or a joint committee, that includes a statement of:

      (A)   the trade, craft, or occupation that the individual is learning; and

      (B)   the beginning and ending dates of the apprenticeship; and

    (3)   is registered in a program of a Council or Bureau of Apprenticeship and Training of the United States Department of Labor.

    Construction means work defined in Section 11B-1(c).

    County financed construction contract means a contract for construction work that is awarded by the County or where County funds are used to finance all or part of the cost of the contract. A county financed construction contract includes a construction contract that receives in whole or part a payment in lieu of taxes solely under Section 52-24(b), unless the qualified housing development:

    (1)   does not exceed four (4) stories above ground level; or

    (2)   is provided under Section 52-24(c).

    County funds means any:

    (1)   funds directly appropriated by the County; or

    (2)   ggrant funding for construction under Section 20-75 that cumulatively exceeds $250,000 or the prevailing wage threshold limit, whichever is lower.

    Employee means a laborer, apprentice, journeyman, or mechanic employed by a contractor or subcontractor on a County financed construction contract.

    Payment in Lieu of Taxes or PILOTs means an authorized payment made by the owner of a qualifying housing development instead of paying the County real property tax, including real property tax levied under a special area taxing law, that would otherwise be due.

    Prevailing wage means the hourly wage rate set by the State Commissioner of Labor and Industry for State-funded construction contracts in the County.

    Prevailing wage threshold limit means the minimum dollar amount for a construction contract subject to the State prevailing wage law under §17-202 of the State Finance and Procurement Article of the Maryland Code, as amended.

  (b)   Exclusions.  Except as provided in subsection (9), this Section does not apply to a County financed construction contract:

    (1)   of less than $250,000 or the prevailing wage threshold limit, whichever is lower;

    (2)   that is subject to a Federal or State prevailing wage law;

    (3)   awarded without competition under Section 11B-14;

    (4)   with a public entity;

    (5)   to the extent that the contractor is expressly precluded from complying with this Section by the terms of any Federal or State law, contract, or grant;

    (6)   entered into as a bridge contract under Section 11B-42;

    (7)   entered into as a cooperative procurement under Section 11B-40; or

    (8)   which results from an emergency procurement under Section 11B-16.

    (9)   This Section applies to a mechanical systems service contract with a contract value in excess of the threshold amount codified at 41 U.S.C. 6702(A)(2), the McNamara-O’Hara Service Contract Act of 1965, as amended.

  (c)   Payment of prevailing wage.  Any contractor and subcontractor that performs direct and measurable construction work on a County financed construction contract must pay each employee at a rate equal to or more than the prevailing wage in effect when the solicitation is published for the type of work performed.

  (d)   Prevailing wage.

    (1)   Basic rate.  The prevailing wage rate is the prevailing wage rate established annually by the Commissioner of Labor and Industry for State financed construction work performed in the County by an employee who performs direct and measurable work.

    (2)   Overtime rate.  A contractor or subcontractor must pay an employee at a rate equal to or more than the prevailing wage rate for overtime for the type of work performed for each hour that the employee performs direct and measurable work:

      (A)   more than 10 hours in any single calendar day;

      (B)   more than 40 hours in a workweek; or

      (C)   on a Sunday or a legal holiday.

    (3)   Deductions.  A contractor or subcontractor may only make fair and reasonable deductions that are:

      (A)   required by law;

      (B)   authorized in a written agreement between an employee and an employer signed at the beginning of employment that:

        (i)   concerns food, sleeping quarters, or similar items;

        (ii)   is submitted by the employer to the Chief Administrative Officer or a designee; or

      (C)   required or allowed by a collective bargaining agreement between a bona fide labor organization and a contractor or subcontractor.

    (4)   Apprentices.  Each apprentice must be paid at least the rate that the State’s Apprenticeship and Training Council sets for an apprentice in the trade involved, based on a percentage of the prevailing wage rate in that trade.

  (e)   Contract requirements.  Each contract covered by this Section must:

    (1)   require the contractor and subcontractor to comply with this Section;

    (2)   specify that an aggrieved employee, as a third-party beneficiary, may by civil action recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney’s fee; and

    (3)   require best efforts to hire Montgomery County residents for at least 25% of the new jobs to complete the County financed construction contract that exceeds the prevailing wage threshold limit.

    (4)   For the proper implementation and enforcement necessary to carry out the purposes of this Section, the Director may adopt and amend regulations in accordance with this Section.

  (f)   Reporting Requirement. For each quarter of the finance construction contract, the contractor must submit a report to the Department, on a form designated by the Director, with the following:

    (1)   the number of employees needed for the contract;

    (2)   the number of current employees transferred;

    (3)   the number of new job openings created;

    (4)   the number of job openings listed in the department;

    (5)   describe efforts made to fill the open positions with local County residents;

    (6)   the total number of Montgomery County residents hired for the reporting period and for new hires:

      (A)   name;

      (B)   last four numbers of their social security number;

      (C)   job title;

      (D)   address; and

      (E)   hire date.

  (g)   Violations.

    (1)   If the Director determines that a contractor has not made best efforts or reported as required under this section, the Director shall issue a written decision detailing the bases for the determination.

    (2)   A contractor may appeal a written decision of the Director that the contractor violated a provision of this section to the Department within 10 working days after receiving a copy of the decision.

    (3)   If the contractor does not appeal the Director’s decision within 10 working days after receipt, the decision of the Director is deemed final and not appealable.

  (h)   Untimely Reporting. If a contractor is late in submitting reports required to be submitted under this section, the County may postpone payments due under the contract until the required reports are submitted.

  (i)   Misclassification of employees.

    (1)   A contractor or subcontractor must not split or subdivide a contract, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor to avoid any requirement of this Section.

    (2)   A laborer may perform any work that is not ordinarily performed by a mechanic or mechanic’s apprentice, but must be paid the prevailing wage rate for the work performed.

    (3)   A laborer receiving the prevailing wage rate for laborers must not perform work ordinarily performed by a mechanic or mechanic’s helper.

    (4)   If a laborer performs work ordinarily performed by any mechanic or mechanic’s apprentice, the laborer must be paid for the entire time of performance of that work at the prevailing wage rate for a mechanic.

  (j)   Helper and trainee restrictions.  A contractor or subcontractor must not employ any individual classified as a helper or trainee to perform direct and measurable work on a contract covered by this Section.

  (k)   Posting requirements.  Each contractor and subcontractor must post a clearly legible statement of each prevailing wage rate in a prominent and easily accessible place at the work site during the entire time work is being performed in English and any other language that is primarily spoken by the employees at the work site.

  (l)   Payroll records.

    (1)   Each contractor and subcontractor must submit a complete copy of its payroll records for construction work performed on a contract covered by this Section to the Chief Administrative Officer or a designee within 14 days after the end of each payroll period.

    (2)   The payroll records must contain a statement signed by the contractor or subcontractor certifying that:

      (A)   the payroll records are correct;

      (B)   the wage rates paid are not less than those required by this Section; and

      (C)   the rate of pay and classification for each employee accurately reflects the work the employee performed.

    (3)   Each payroll record must include:

      (A)   the name, address, and telephone number of the contractor or subcontractor;

      (B)   the name and location of the job; and

      (C)   each employee’s:

        (i)   name;

        (ii)   current address, unless previously reported;

        (iii)   specific work classification;

        (iv)   daily straight time and overtime hours;

        (v)   total straight time and overtime hours for the payroll period;

        (vi)   rate of pay;

        (vii)   fringe benefits by type and amount; and

        (viii)   gross wages.

    (4)   Each contractor or subcontractor must:

      (A)   keep payroll records covering construction work performed on a contract covered by this Section for not less than 5 years after the work is completed; and

      (B)   subject to reasonable notice, permit the Chief Administrative Officer or a designee to inspect the payroll records at any reasonable time and as often as necessary.

    (5)   The Chief Administrative Officer or a designee must make payroll records obtained from contractors or subcontractors under this Section available for public inspection during regular business hours for 5 years after the Chief Administrative Officer receives the records.

  (m)   Enforcement.

    (1)   The Chief Administrative Officer or a designee may perform random or regular audits and investigate any complaint of a violation of this Section.  If the Director determines that a provision of this Section has been violated, the Director must issue a written decision, including appropriate sanctions, and may withhold from payment due the contractor, pending a final decision, an amount sufficient to:

      (i)   pay each employee of the contractor or subcontractor the full amount of wages due under this Section; and

      (ii)   satisfy a liability of a contractor for liquidated damages as provide in this Section.

    (2)   A contractor or subcontractor must not discharge or otherwise retaliate against an employee for asserting any right under this Section or for filing a complaint of a violation.

    (3)   The sanctions of Section 11B-33(b) which apply to noncompliance with nondiscrimination requirements apply with equal force and scope to noncompliance with this Section.

    (4)   Each contract subject to this Section may specify the payment of liquidated damages to the County by the contractor for any noncompliance with this Section.

    (5)   Each contractor is jointly and severally liable for noncompliance with this Section by a subcontractor.

    (6)   If a contractor or subcontractor is late in submitting copies of any payroll record required to be submitted under this Section, the County may deem invoices unacceptable until the contractor or subcontractor provides the required records, and may postpone processing payments due under the contract or under an agreement to finance the contract.

    (7)   A contractor may appeal a written decision of the Director that the contractor violated a provision of this Section to the Chief Administrative Officer within 10 working days after receiving a copy of the decision.  The Chief Administrative Officer must designate a hearing officer to conduct a hearing under Chapter 2A upon receipt of a timely appeal.  If the contractor does not appeal a written decision within 10 working days after receipt, the decision of the Director becomes final and binding.

  (n)   Report.  The Chief Administrative Officer must report annually to the Council and Executive on the operation of and compliance with this Section.

**Sec. 11B-33D. Prohibition Against Human Trafficking.**

  (a)   Definitions. For purposes of this Section, the following terms have the meanings indicated.

    Human trafficking has the meanings stated under state and federal law. Human trafficking includes the offenses stated under:

    (1)   Sections 3-1102 {Sex trafficking} and 3-1202 {Labor trafficking} of the Criminal Law Article of the Maryland Code, as amended; and

    (2)   Chapter 77 {Peonage, Slavery, and Trafficking in Persons} of Part I of Title 18 of the United States Code, as amended.

  (b)   Bidding and proposal requirement. Each bid or proposal submitted to the County in response to an invitation for bids or request for proposals must certify that the bidder or offeror has not been found, by an administrative or judicial body, to have violated a federal or state law against human trafficking.

  (c)   Contractual requirements. A contract valued above the threshold for an invitation for bids or request for proposals must require the contractor and any subcontractor:

    (1)   to comply with all federal and state laws against human trafficking;

    (2)   to certify that the contractor has not been found, by an administrative or judicial body, to have violated a federal or state law against human trafficking;

    (3)   if the contractor or subcontractor is charged with a criminal offense, or subject to a civil claim, involving human trafficking, to notify the Director in writing within 3 days after receiving notification of the charge or claim; and

    (4)   if the contractor or subcontractor is found by an administrative or judicial body to have violated a law against human trafficking, or to have liability related to human trafficking, to notify the Director in writing within 3 days after receiving notification of the finding.

  (d)   Enforcement.

    (1)   Within 3 days after receiving a notification under subsection (c), the Director must transmit a copy of the notification to the Executive and the Council.

    (2)   If the Director finds that a contractor or subcontractor failed to comply with the requirements of paragraphs (c)(1) and (c)(4) or made a false certification under subsections (b) or (c), the Director must pursue remedies under the terms of the contract and this Chapter, which may include termination of the contract and debarment.

**Sec. 11B-34. Payment of invoices; interest.**

  (a)   In this Section, the following terms have the meanings indicated:

    (1)   contract administrator means the person designated in the contract to accept invoices on behalf of the County for goods, services, or construction provided; and

    (2)   proper invoice means a written request from a contractor for payment from the County for performance under a contract that:

      (A)   complies with all documentation requirements under the contract and regulation;

      (B)   represents work covered by the contract that has been satisfactorily performed, validated, and certified by County representatives; and

      (C)   identifies the contract number or adequately describes the contract.

  (b)   It is the policy of the County to make a payment under a contract within 30 days after the day that:

    (1)   payment becomes due under the contract; or

    (2)   the County contract administrator receives a proper invoice; whichever is later.

  (c)

    (1)

      (d)   Except as provided in subsection (d), interest accrues at a rate set under Executive Regulations on any amount that:

      (A)   is due and payable by law and under the contract; and

      (B)   remains unpaid for more than 45 days after the County contract administrator receives a proper invoice.

    (2)   Interest accrues beginning on the 31st day after the day that:

      (A)   payment becomes due under the contract;

      (B)   the County contract administrator receives a proper invoice; and

      (C)   the goods and services have been delivered and accepted.

However, for a progress payment for construction services, interest accrues on the 31st day after the day subparagraphs (A) and (B) of this paragraph are both met.

  (d)   The County is not liable for interest:

    (1)   unless, within 30 days after the date on the County's check for the amount on which the interest accrued, the contractor submits a written request for the interest that identifies the contract number or otherwise adequately identifies the contract;

    (2)   if the invoice is for work that is:

      (A)   the subject of a contract claim; or

      (B)   for a payment that is not made because of a disagreement over the amount of the payment or compliance with the contract;

    (3)   on an amount that represents unpaid interest;

    (4)   accruing more than one year after interest may begin to accrue under this Section; or

    (5)   unless the contractor has included in each subcontract entered into as a result of the contract with the County an obligation for the contractor to pay the subcontractor interest for late payment in an amount and under the same conditions as the County must pay interest for late payment to the contractor.

  (e)   A dispute over County liability for interest under this Section must be decided by the Chief Administrative Officer.

  (f)   If, in the discretion of the Chief Administrative Officer, an award of predecisional interest should be made in order to provide a contractor who has substantially prevailed on a contract dispute with a fair remedy, the Chief Administrative Officer may award predecisional interest in the amount specified in subsection (c). Predecisional interest accrues from the 31st day after the contract dispute has been filed with the Chief Administrative Officer in accordance with regulations.

**Sec. 11B-35. Contract dispute resolution.**

  (a)    Dispute submitted. A contractor must submit any dispute arising under a contract to the Director.  The using department may submit a dispute arising under the contract to the Director.

  (b)    Decision by Director. The Director must give the contractor and the using department a written decision approving or denying the dispute in whole or in part within 45 days after receiving the dispute.  If the Director does not resolve the dispute within 45 days, the dispute is denied.

  (c)    Appeal to Chief Administrative Officer.

    (1)   The contractor or the using department may appeal the Director's decision resolving a dispute in writing to the Chief Administrative Officer within 30 days after receiving the Director's decision, or if no decision is rendered, within 75 days after submitting the dispute.

    (2)   The Chief Administrative Officer must decide the appeal after considering any written information submitted by the Director, using department, and the contractor.

    (3)   The Chief Administrative Officer may hold a hearing on the appeal.  The Chief Administrative Officer must complete any hearing on the appeal within:

      (A)   60 days after receiving the appeal for disputes involving less than $50,000;

      (B)   90 days after receiving the appeal for disputes involving between $50,000 and $100,000; and

      (C)   135 days after receiving the appeal for disputes involving more than $100,000.

    (4)   The Chief Administrative Officer may require the contractor and the using department to provide additional information about the dispute.

    (5)   The Chief Administrative Officer must give the contractor and the using department a written decision approving or denying the dispute in whole or in part within 30 days after receiving the appeal or, if a hearing is held, within 30 days after receiving the hearing officer's report.  If the Chief Administrative Officer does not give the contractor and using department a written decision on the appeal within the applicable period, the dispute is denied.

  (d)    Appeal to court.

    (1)   The contractor may appeal the Chief Administrative Officer's decision to the Circuit Court under the Maryland Rules.

    (2)   The contractor or the County may appeal the decision of the Circuit Court to the Court of Special Appeals under State law.

    (3)   In the event of a statutory denial under subsection (b), the contractor or the County may file a legal action in a court of appropriate jurisdiction.  That court must hear the case de novo.

  (e)    Consolidation of disputes. The Director or the Chief Administrative Officer may consolidate multiple disputes if:

    (1)   the disputes have common questions of law or fact; and

    (2)   the contractor or using department requests consolidation.

    The time limits in this Section for the last dispute filed apply to any consolidated dispute.

  (f)    Extension of time. A contractor and the County may agree to extend any time limit in this Section.

  (g)    Alternative dispute resolution. A contractor and the County may agree to submit a dispute to mediation or binding arbitration at any time instead of using the administrative dispute resolution process in paragraphs (b), (c), and (d).

**Sec. 11B-35A. Disclosure of illegal or improper actions.**

  (a)   Definitions.  In this Section, the following words have the meaning indicated:

    Covered employee means an employee of a contractor or subcontractor that performs or performed services under a contract subject to this Section.

    Employer means a contractor or subcontractor that, through the use of a covered employee, performs or performed services under a County contract.

    Personnel action means an act or omission by the employer that has a significant adverse impact on the employee, or a change in the employee’s duties or responsibilities which is inconsistent with the employee’s position and salary.

  (b)   Policy.  A covered employee must not be subjected to a personnel action by the Employer for disclosing, to a County official or employee, information involving the solicitation, award, administration, or performance of any contract that the employee reasonably believes is:

    (1)   an abuse of authority, gross mismanagement, or gross waste of money;

    (2)   a substantial and specific danger to public health or safety; or

    (3)   a violation of law.

  (c)   Each contract must:

    (1)   prohibit retaliation by the Employer against a covered employee who discloses any illegal or improper action described in subsection (b); and

    (2)   specify that an aggrieved covered employee, as a third-party beneficiary, may by civil action recover compensatory damages, including interest and a reasonable attorney’s fee, against the employer for retaliation in violation of this Section.

  (d)   In addition to other authority granted by law, the Director may cancel, terminate, or suspend a contract, in whole or in part, and declare a contractor or subcontractor ineligible for further County contracts based upon a final court judgment in favor of a covered employee for retaliation in violation of this Section.  The Director may impose other appropriate sanctions and remedies as provided in applicable regulations or by contract. Each Contractor must bind its subcontractors contractually to comply with this Section.

  (e)   This Section does not prohibit a personnel action against a covered employee that would have been taken regardless of a disclosure of information described in subsection (b).

### Article VII. Protests and Debarment.

**Sec. 11B-36. Protests of solicitations and awards.**

  (a)   Right to protest. Any actual or prospective bidder or offeror who is aggrieved in connection with a formal solicitation may challenge a decision regarding the formal solicitation. A bidder or offeror is aggrieved only if the bidder or offeror can demonstrate that should the protest be sustained, the bidder or offeror may be eligible for the award, or the bidder or offeror may be eligible for the award of costs under subsection (h).  The protest must be filed in writing with the Director:

    (1)   within 10 days after the Director publicly lists the proposed contract award if the bidder or offeror seeks as a remedy the award of the contract or costs under subsection (h); and

    (2)   before the submission date for bids or proposals if the bidder or offeror seeks as a remedy the cancellation or amendment of the solicitation.

  (b)   Authority to resolve protests. The Director has the authority to settle or resolve a protest under regulations.

  (c)   Appeal to Chief Administrative Officer. An actual or prospective bidder or offeror who is aggrieved by the decision of the Director may challenge the decision of the Director.  The appeal must be filed in writing with the Chief Administrative Officer within 10 days of the Director's decision.

  (d)   Hearing. The Chief Administrative Officer may hold a hearing if necessary to resolve an appeal and may designate a hearing officer to take evidence, and make proposed findings and a recommendation.

  (e)   Decision. If the appeal is not resolved by mutual agreement, the Chief Administrative Officer in consultation with the County Attorney must adjudicate the protest on the record and issue a written decision.  The decision must:

    (1)   state the reasons for the action taken; and

    (2)   inform the appellant of the right to an administrative appeal to the Circuit Court under the Maryland Rules.

  (f)   Appeal to court. The appellant may appeal the decision of the Chief Administrative Officer to the Circuit Court under the Maryland Rules. The appellant and the County may appeal the decision of the Circuit Court to the Court of Special Appeals.

  (g)   Award of contract during a protest. In the event of a timely protest or appeal, the Director, after consultation with the head of the Using Department, may award the contract without delay if the Director determines in writing that awarding the contract without delay is necessary to protect the interests of the County.

  (h)   Entitlement to costs. Any judgement in favor of a protesting bidder or offeror is limited to reasonable bid or proposal preparation costs if:

    (1)   the protesting bidder or offeror should have been awarded the contract; and

    (2)   the award has been made to another.

**Sec. 11B-37. Debarment or suspension.**

  (a)   Debarment. After reasonable notice to the person involved and reasonable opportunity for that person to respond, the Director, after consultation with the Using Department and the County Attorney, may debar a person for cause from consideration for award of contracts.  The Director must determine the length of time the contractor is debarred.  The length of time should not be less than the time which would be expected to include one or more solicitations for the type of work being provided by the debarred contractor.  The debarment time imposed by the Director is not limited by the debarment time imposed by another public entity.  The Director may hold a hearing if necessary to determine if a person should be debarred and may designate a hearing officer to take evidence and propose findings to the Director.

  (b)   Suspension. The Director, after consultation with the Using Department and the County Attorney, may suspend a person from consideration for award of contracts if there is probable cause for debarment.  The suspension must not be for more than 6 months.

  (c)   Causes for debarment or suspension. The causes for debarment or suspension may include:

    (1)   conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract;

    (2)   conviction of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, kickbacks or any other offense indicating a lack of business integrity;

    (3)   conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;

    (4)   violation of County contract provisions of a character which is regarded by the Director to be so serious as to justify debarment action.  These provisions may include:

      (A)   deliberate failure without good cause to perform under the specifications or within the time limit provided in the contract; or

      (B)   a record of failure to perform or of unsatisfactory performance under the provisions of one or more contracts; however, failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor are not a basis for debarment;

    (5)   violation of the wage requirements in Section 11B-33A;

    (6)   any other serious cause the Director determines to be so compelling as to affect the competency or integrity of a potential contractor, including debarment by another public entity;

    (7)   violation of Section 11B-33D;

    (8)   conviction, plea of nolo contendere, or sentencing for a criminal offense involving human trafficking, including offenses under:

      (A)   Sections 3-1102 {Sex trafficking} and 3-1202 {Labor trafficking} of the Criminal Law Article of the Maryland Code, as amended; and

      (B)   Chapter 77 {Peonage, Slavery, and Trafficking in Persons} of Part I of Title 18 of the United States Code, as amended;

    (9)   finding by an administrative or judicial body of a violation of Subtitle 4 {Wages and Hours} of Title 3 of the Labor and Employment Article of the Maryland Code, as amended; or

    (10)   violation of the ethical standards set forth in this Chapter or Chapter 19A.

  (d)   Decision. The Director must issue a written decision to debar or suspend. The decision must:

    (1)   state the reasons for the action taken; and

    (2)   inform the debarred or suspended person of the right to an administrative appeal, after the decision becomes final, to the Circuit Court under the Maryland Rules.

  (e)   The Director must send a copy of the decision to the person involved and the Chief Administrative Officer who may approve, revise, or remand the decision.  If the Chief Administrative Officer takes no action within 5 working days, the decision of the Director becomes final.

  (f)   Appeal to court. The debarred or suspended person may appeal the decision to debar or suspend to the Circuit Court under the Maryland Rules governing administrative appeals.  The debarred or suspended person and the County may appeal the decision of the Circuit Court to the Appellate Court of Maryland.

**Sec. 11B-38. Remedies before an award.**

  If before an award the Director determines that a solicitation or proposed award of a contract is in violation of law or regulations, then the solicitation or proposed award must be:

  (a)   canceled; or

  (b)   revised to comply with the law.

**Sec. 11B-39. Remedies after an award.**

  If after an award the Director determines that a solicitation or award of a contract was in violation of law or regulations, then:

  (a)   if the person awarded the contract has not acted fraudulently or in bad faith;

    (1)   the contract may be ratified and affirmed; or

    (2)   the contract may be terminated and the person awarded the contract must be compensated for the actual expenses reasonably incurred under the contract, plus a reasonable profit, prior to the termination;

  (b)   if the person awarded the contract has acted fraudulently or in bad faith;

    (1)   the contract may be declared null and void; or

    (2)   the contract may be ratified and affirmed if the action is in the best interests of the County, without prejudice to the rights of the County to damages as may be appropriate.

### Article VIII. Intergovernmental Procurements.

**Sec. 11B-40. Cooperative procurement.**

  The County may either participate in, sponsor, conduct, administer, or enter into a cooperative purchasing contract for the procurement of any goods, services, or construction, or the cooperative use of goods, services, or construction with a public entity.  The cooperative procurement may include joint contracts or multi-party contracts.  If the facilities and services of the Procurement Office are made available to another public entity, the Director may require the public entity to pay a fee for the services provided by the Procurement Office.

**Sec. 11B-41. Public entity contracts.**

  The County may without competition enter into a contract for the procurement of, use of, or sale of goods, services, or construction, with a public entity when it is in the best interest of the County.

**Sec. 11B-42. Bridge contracts.**

  The County may without competition enter into a contract with a person if:

  (a)   the Director determines that:

    (1)   the person has an existing contract with another public entity for the goods, services, or construction which the County would like to procure;

    (2)   a bridge contract is in the best interest of the County; and

    (3)   the contract between the person and the other public entity was awarded as the result of adequate competition; and

  (b)   the person agrees to provide the County:

    (1)   materially the same specifications being provided the other public entity; and

    (2)   the same prices being charged the other public entity.

### Article IX. Management and Disposal of Goods.

**Sec. 11B-43. Definitions.**

  In this Article, unless the context indicates otherwise, the following terms have the following meanings:

  (a)   Goods means goods owned by the County.

  (b)   Surplus Goods means goods no longer of use to the County.

**Sec. 11B-44. Management and disposal of goods.**

  (a)   The Director must ensure the management of goods during their entire life cycle.

  (b)   Except as provided in subsection (f), the Director must dispose of surplus goods. In disposing the surplus goods, the Director may sell the goods by any competitive method which the Director determines is likely to bring the highest return to the County.  These methods may include sealed bids, public auction, or trade in or exchange of goods.  The Director may sell surplus goods by private sale if the Director determines that open competition is not likely to bring the highest return to the County.

  (c)   After public notice, the Chief Administrative Officer may give, loan, or sell below fair market value, surplus goods to another public entity if the Chief Administrative Officer determines the disposition would benefit the residents of Montgomery County.  Public notice may be given through the Montgomery County Register.

  (d)   If surplus goods have no resale or scrap value, the Director may dispose of the goods in any responsible manner.

  (e)   Notwithstanding any other provision of County law, any gun that is surplus must be destroyed.

  (f)   During a period when the County is under a state of emergency order issued by the Federal, State, or County governments, the Director of the Office of Emergency Management and Homeland Security or the Director’s designee may dispose of goods donated to the County for use in the emergency without using a competitive method if:

    (1)   the Director determines that the goods would be useful to others during the emergency; and

    (2)   the goods are disposed of consistent with emergency procedures and prioritization guidelines established either by the public official declaring the state of emergency or by the Executive.

### Article X. Real Property; Disposition, Purchase, and Lease.

**Sec. 11B-45. Disposition of real property.1**

  (a)   The County Executive must adopt regulations to establish a process for the disposition of any real property owned or controlled by the County, other than surplus school facilities and property of nominal value identified in the regulation.  The regulations must provide for:

    (1)   coordination among County departments and outside agencies, including any municipality in which the real property is located;

    (2)   opportunity to reserve property for alternative public use;

    (3)   comparative analysis of reuse proposals from County departments and outside agencies before any disposition actions; and

    (4)   public notice and hearing on possible dispositions before final decision on disposition, except that the County Executive may waive the public hearing requirement for any real property that:

      (A)   has nominal value; or

      (B)   is recommended to be reused by the County government.

  (b)   As used in this Section the following words have the meanings indicated:

    (1)   County Department means any department or office within the executive branch of the Montgomery County Government.

    (2)   Disposition means a sale, a lease or license for a term of 2 years or longer, or a lease or other document which includes an option to buy.  If a license or lease for an initial term of less than 2 years is extended or renewed beyond 2 years, that extension or renewal is a disposition.  Disposition does not include:

      (A)   a lease of or license to use any parkland, or any facility located on parkland, that the Parks Department operates or manages for the County;

      (B)   a license to use County property that is coterminous with a contract for services performed by the licensee;

      (C)   a license to use County property to provide child or adult day care services;

      (D)   a sale or lease of property to the Housing Opportunities Commission for housing development;

      (E)   a sale of one or more housing units obtained by the County using its right of first refusal under Section 11A-3 or 11A-4, Chapter 25A, or Chapter 53A, and resold for not less than the County paid; or

      (F)   a transfer of County right-of-way that is needed to implement a road or transit project that is included in the applicable master or other land use plan.

    (3)   Outside agency means:

      (A)   the Housing Opportunities Commission;

      (B)   the Maryland-National Capital Park & Planning Commission;

      (C)   Montgomery College;

      (D)   Montgomery County Public Schools;

      (E)   the Revenue Authority;

      (F)   the Washington Suburban Sanitary Commission; and

      (G)   municipalities located in Montgomery County.

  (c)   Unless the County Council waives this requirement under subsection (e)(2)(B), the Executive must not dispose of any property owned or controlled by the County at less than full market value.  In case of a sale of property, full market value must be determined by at least one professional appraisal of the property obtained by the Director within 12 months before a declaration is submitted to the Council.

  (d)   Before seeking Council approval of a declaration of no further need under subsection (e), the Executive must submit to the Council and allow the Council at least 30 days to comment on:

    (1)   all material terms of the disposition, including the price or rent to be paid and any associated economic incentives;

    (2)   any appraisal that the Executive relied on or will rely on in setting the property’s market value; and

    (3)   the comparative analysis of reuse proposals required in paragraphs (a)(3) and (h), including any proposals received from an outside agency.

In addition, the Executive should when practicable submit for prior Council review the parameters and material terms of a disposition that has not begun to be negotiated.  Any document submitted under this subsection to the extent the document need not be disclosed under state law, must be treated as confidential.

  (e)

    (1)

      (a)   In addition to the process required under subsection (a), before the disposition of any real property owned or controlled by the County (other than a property which has either nominal value or an appraised value lower than $100,000) becomes final:

      (A)   the Executive must publish a declaration in the County Register and post a notice on the County website that the County has no further need for the property or, if the disposition is a lease or license, has no further need for the property during the term of the lease or license; and

      (B)   the Council, by resolution adopted after the Council holds a public hearing with a least 15 days advance notice, must approve:

        (i)   the Executive’s declaration of no further need; and

        (ii)   any disposition of the property at less than full market value.

      (C)   The Council may disapprove the Executive’s declaration of no further need if the Council finds that:

        (i)   there is further need for the real property;

        (ii)   a County department or outside agency has expressed need for the real property; or

        (iii)   approval of the declaration is contrary to the public interest.

    (2)   The Director must adjust the $100,000 floor in this subsection on July 1 every third year by the percentage increase or decrease in the applicable Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, during the previous 3 calendar years, rounded to the nearest $1000.

    (3)   The Council may waive the public hearing required by this subsection if it concludes that a hearing on a particular proposed disposition is not necessary to properly assess the proposed action.

    (4)   If the Council does not act under this subsection within 60 days after the Executive has submitted the proposed action, the proposed action is automatically approved.  The Council may extend the 60-day deadline by resolution if the Council President has informed the Executive, within 30 days after the Executive submitted the proposed action, that the Council has not received all information necessary to review the proposed action.  If the 60 day deadline would fall during August or from December 15 through December 31, the deadline is automatically extended until the next scheduled Council session.

    (5)   This subsection and subsection (c) do not apply to any disposition of property that will be used primarily for housing development if the recipient legally commits to the Director of the Department of Housing and Community Affairs that at least 30% of the housing units built on the property will be moderately priced dwelling units or other units that are exempt from the development impact tax under Section 52-41(g)(1)-(4).

  (f)

    (1)   Notwithstanding any law to the contrary but subject to any applicable bond covenants, 25 percent of the proceeds from the sale of real property owned by the County must be transferred to the Montgomery Housing Initiative Fund to promote a broad range of housing opportunities in the County.

    (2)   This subsection does not apply to real property in an area designated under Chapter 56 as an urban renewal area.

    (3)   In this subsection:

      (A)   “Proceeds” means the sale price of the real property, minus expenses the County incurs from the sale.

      (B)   “Real property” includes the right to develop the space above real property (“air rights”).

    (4)   The County Executive may waive this subsection for the portion of any proceeds from a sale that the County uses for a related purchase of real property.

  (g)   The Executive must adopt regulations to establish a process for disposition of surplus schools.  As used in this Section, “surplus school” means any building used at any time as a public school and later conveyed to the County and all or part of the land which constitutes the school site.  The regulations must provide for:

    (1)   the ultimate decision by the County Council, as required by state law, whether to dispose of a surplus school and its site, including any fields and recreational areas;

    (2)   a statement from the Board of Education before a surplus school is disposed of that the school will not be needed for public educational uses in the foreseeable future, and in any case at least for 10 years after the proposed sale;

    (3)   a statement from the Executive that the surplus school will not be needed for public recreational or human service uses in the foreseeable future;

    (4)

      (A)   timely referral to the Planning Board for its review under state law of any proposal to dispose of a surplus school, and

      (B)   a statement from the Board that the site will not be needed for park uses;

    (5)   an opportunity to offer alternative proposals before the Executive recommends a disposition to the Council;

    (6)   a public hearing by the Executive or the Executive’s designee, after reasonable notice, before any proposal to dispose of a surplus school is forwarded to the Council for action;

    (7)   a preference for the disposition that best retains public access to the school and its athletic and recreational facilities; and

    (8)   inclusion in any sale or lease with an option to buy of a clause that retains the County’s right to first refusal of any later sale of the property, subject to any mortgage or deed of trust then on the property, at fair market value.

If the Council does not receive any statement required under paragraphs (2)-(4), it may nevertheless dispose of a surplus school if it finds, considering all factors, that the public interest will be best served by disposing of the school.

  (h)   The Executive must adopt regulations to establish a process for leasing surplus schools.  The regulations would apply in each case after the Council has adopted a reuse resolution which indicates what types of uses are acceptable.  At a minimum, the regulations must require:

    (1)   a process that offers potential users a fair opportunity to present reuse proposals to the Executive’s designee within the scope of uses approved by the Council reuse resolution;

    (2)   referral of each proposed lease to the Council, Planning Board, and Board of Education for comment;

    (3)   a reasonable opportunity for public comment before any lease is signed on behalf of the County;

    (4)   continued community use of facilities such as auditoriums, gymnasiums, and playgrounds and playing fields except to the extent community access would unduly interfere with the lessee’s use of the property; and

    (5)   preservation of the County’s right to retrieve the property on reasonable notice for public school use when requested by the Board of Education.

  Sec. 2. Applicability. This Act takes effect on the date when it becomes law [May 15, 2012]. County Code Section 11B-45, as amended by Section 1 of this Act, does not apply to any disposition of County property for which a legally enforceable contract, lease, or other agreement was signed by all parties before that date.

  Sec. 3. Applicability - White Flint Sector Plan area.  Section 11B-45(b)-(e), as amended by Section 1 of this Act, does not apply to any sale by the County of real property located in the boundaries of the White Flint Sector Plan if:  (a) the property was acquired by the County from the State Highway Administration; (b) the property was originally acquired by the State Highway Administration to construct Montrose Parkway; and (c) the sale by the County is completed on or before December 31, 2012.

  (a)   Notwithstanding those provisions of County Code Section 11B-45 or Regulation 4-99AM referred to in subsection (b) to the contrary, the County Executive may contract with the Yeshiva High School of Greater Washington, Inc. to:

    (1)   modify an existing lease-purchase agreement for the former Belt Junior High School to allow the County to reacquire that school and transfer it to Montgomery County Public Schools for public educational uses; and

    (2)   at the same time enter into a lease agreement for the former Montgomery Hills Junior High School that would allow Yeshiva High School of Greater Washington, Inc. to lease and occupy that school after the County has made certain improvements to it.

  (b)   Any agreement authorized by subsection (a) may:

    (1)   be adopted without following the reuse process in sections 4.1 through 4.7 of Regulation 4-99AM;

    (2)   have a longer term and greater notice of termination than required by section 6 of Regulation 4-99AM;

    (3)   limit community use of interior spaces as necessary to provide the lessee adequate security;

    (4)   allow the lessee to make certain minor capital improvements without County approval, and conform the rent credit provisions accordingly; and

    (5)   modify the capital improvement reimbursement provisions of section 6.9 of Regulation 4-99AM.

  (c)   Any agreement authorized by subsection (a) must:

    (1)   be subject to the approval of the County Council; and

    (2)   be referred to the Planning Board under state law in a timely manner for its review.

**Sec. 11B-46. Purchase or lease of real property by County.**

  (a)   In this article, the term real property means land and improvements to the land.

  (b)   The County must advertise once each week for not less than 2 weeks in at least one newspaper of general circulation in the County any proposal to acquire real property by purchase, condemnation, or a lease for more than 5 years duration.  The advertisement must set forth the price to be paid for the acquisition of the real property, if known, the location of the real property, the name of the owner of the real property, the purpose for which the real property is to be acquired, and the means by which the public may comment on the proposed acquisition.

  (c)   The County Executive may hold a hearing to take public comment on the proposed acquisition of the real property.

  (d)   If the owner of the real property which is proposed to be acquired by the County consents, the County must post a sign on the property for at least 10 days before the deadline for receiving public comment in a manner that can be most readily seen by the public.  The sign must read substantially as follows:  Montgomery County, Maryland proposes to purchase (or lease) this property for (statement of purpose).  For date and manner of making public comment, telephone (telephone number).

  (e)   After considering public comment, the County Executive may approve acquisition of the real property.  The County Executive must notify the Council of each acquisition of real property.

  (f)   This Section applies to real property to be acquired by a rescue squad or fire department if the purchase of the real property is to be funded in whole or in part by County tax funds.

  (g)   This Section does not apply to:

    (1)   land acquired by the County in connection with roads, streets, alleys, sidewalks, walkways, bridges, or drainage; or

    (2)   real property acquired by gift.

**Sec. 11B-47. Approval of purchases of land before 1960.**

  All acquisition of land and improvements, by gift, purchase, or condemnation before May 1, 1960 by the County, County Board of Education, public library, or fire department, supported in whole or part by County tax funds are ratified and approved as though the acquisition conformed to this Chapter.

### Article XI. Services Provided to Municipalities, Taxing Areas, and Non-Profit Organizations.

**Sec. 11B-48. Services to or purchases for municipalities; authority of County.**

  The County may contract with any incorporated town or taxing area in the County to provide to the municipality or taxing area goods, services, or construction of the type the County government performs for the County.  The contract must specify the particular goods, services, or construction to be provided by the County and the fee to be charged.  The fee must not be less than the cost incurred by the County, including a reasonable allowance for overhead costs.  Any municipality or taxing area which receives and pays for work is not liable in damages to any person solely on the claim that the work was performed in a negligent or faulty manner and that damages or injury resulted.  The County Attorney must, without charge, represent and defend in court, if necessary, any municipality or taxing area in any suit, claim, or demand made against it as a result of work provided under this Section.

**Sec. 11B-49. Purchase of goods for non-profit organizations.**

  (a)    If goods are needed to perform a contract with the County, a non-profit organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code but which is not a public entity may:

    (1)   subject to subsection (d), buy the goods under an existing County requirements contract;

    (2)   engage in cooperative procurement for the goods with the County under Section 11B-40; or

    (3)   buy the goods from the County if all items are in stock and not otherwise needed.

  (b)    Any purchase under subsection (a) is subject to review and approval by the Chief Administrative Officer or designee.  A reasonable service fee may be assessed by the County.

  (c)    As part of the report required under Section 11B-32, the Director must provide information on use of this subsection by non-profit organizations in aggregate dollar amount, types of purchases made, significant purchasers under this subsection (as determined by the Director based on dollar amount), any identified additional cost or cost savings to the County, and any other relevant information.

  (d)    For purposes of paragraph (a)(1), the authority to purchase goods under a County requirements contract executed before January 1, 1993, may be exercised only if the requirements contract or an amendment to it allows the qualifying non-profit organization to purchase the goods.  For requirements contracts executed after January 1, 1993, a qualifying non-profit organization may purchase goods under the contract unless the requirements contract expressly provides otherwise.

### Article XII. Ethics in Public Contracting.

**Sec. 11B-50. Reporting of suspected collusive bidding or negotiation.**

  (a)   Notification to the County Attorney. When for any reason collusion is suspected among any bidders or offerors, a written notice of such suspicion must be transmitted by the Director to the County Attorney.

  (b)   Retention of all documents. All documents involved in any procurement in which collusion is suspected must be retained until the County Attorney gives notice that they may be destroyed.  All retained documents must be made available to the County Attorney or designee upon request.

**Sec. 11B-51. Illegal gifts and kickbacks.**

  (a)   Gifts. A bidder, offeror, or contractor must not make or offer to make a gift to a public employee which the public employee is prohibited from accepting under Chapter 19A.

  (b)   Kickbacks.

    (1)   In this Chapter, a kickback means any money, fee, commission, credit, gift, or compensation of any kind which is provided directly or indirectly to a prime contractor, a prime contractor employee, a subcontractor, a subcontractor employee, a public employee, or other person for the purpose of obtaining or rewarding favorable treatment in the award of a prime contract or a subcontract in connection with a contract awarded by the County.

    (2)   A person must not:

      (A)   provide, attempt to provide, or offer to provide a kickback;

      (B)   solicit, accept, or attempt to accept a kickback;

      (C)   include, directly or indirectly, the amount of a kickback in the price charged by the subcontractor to the contractor, or by the prime contractor in the price charged by the prime contractor, to the County; or

      (D)   claim that the unlawfully induced contract or subcontract fulfills any legal, regulatory, or contractual requirement.

    (3)   The Director may offset the amount of a kickback from any sum owed to the prime contractor by the County.

**Sec. 11B-52. Ethics; Contractor conduct.**

  (a)   Unless authorized by law or the Ethics Commission under Chapter 19A, a person while engaged in a procurement matter with the County must not employ or offer to employ a public employee if the duties of the public employee include significant participation in the procurement matter.  Public employee, employ, and significant participation, as used in this section, are defined in Chapter 19A.

  (b)   A contractor providing an analysis or recommendation to the County concerning a particular matter must not, without first obtaining the written consent of the Chief Administrative Officer:

    (1)   assist:

      (A)   another party in the matter; or

      (B)   another person if the person has a direct and substantial interest in the matter; or

    (2)   seek or obtain an economic benefit from the matter in addition to payment to the contractor by the County.

  (c)   A contractor must not use confidential information obtained in relation to performing a contract except as expressly authorized in the contract or by the Chief Administrative Officer.

  (d)   If, the Chief Administrative Officer, after finding that the action would not impair the public interest, consents to any action under subsections (b) or (c), the Chief Administrative Officer must promptly notify the Ethics Commission.

**Sec. 11B-53. Prohibited contingent fees.**

  (a)   A person must not retain another to secure a contract from the County under an agreement that in exchange for the contract, the person will pay another a commission, percentage of the contract, or a contingent fee.

  (b)   This Section does not apply to:

    (1)   a bona fide employee or commercial selling agency retained by the person for the purpose of securing business; or

    (2)   an attorney rendering professional legal services consistent with applicable canons of ethics.

**Sec. 11B-54. Civil remedies against those who violate ethical standards.**

  (a)   Any civil and administrative remedies for violations of ethical standards which are codified elsewhere in this Code are not impaired.

  (b)   The value of anything received by any person for a violation of the ethical standards contained in this Article or in any regulations are recoverable from the person by the County by setoff, attachment, garnishment, or other appropriate legal action.

  (c)   If a person makes a kickback in connection with the award of a contract, subcontract or order, the County is entitled to presume conclusively that the amount of the kickback was included in the price of the contract, subcontract, or order and ultimately borne by the County.  The amount of the kickback may be recovered from the:

    (1)   recipient; or

    (2)   person making the kickback.

**Sec. 11B-55. Penalties.**

  (a)   Any criminal penalties for violations of ethical standards codified elsewhere in this Code are not impaired.

  (b)   Any person who violates, or solicits the violation of, any of the provisions of this Article is subject to punishment for a class A violation.

  (c)   Following a final criminal conviction of a public employee or appointed official for violation of a provision of this Article, the appointing authority must dismiss the convicted public employee or appointed official. Pending completion of any criminal proceedings, the appointing authority may suspend, with or without pay, the accused public employee or appointed official.

### Article XIII. Procurement of Recycled Materials.

**Sec. 11B-56. Procurement of goods containing recycled materials.**

  (a)   Definitions. In this Section, unless the context indicates otherwise, the following terms have the following meanings:

    (1)   Paper includes paper board, bleached or unbleached paper, bond paper, computer paper, cotton fiber content paper, ledger and tabulating paper, offset printing or mimeo paper, office paper, printing paper, newsprint, stationery, writing paper, and xerographic or copy paper.

    (2)   Paper product means any item manufactured from paper or paperboard.  It includes corrugated and fiberboard boxes, folding boxboard, envelopes, facial or toilet tissue, paper towels, and paper napkins.

    (3)   Percentage price preference means the percent by which a responsive bid from a responsible bidder whose product contains recycled materials (or a greater use of recycled materials) may exceed the lowest responsive bid submitted by a responsible bidder whose product does not contain recycled materials (or a lesser use of recycled materials).

    (4)   Post-consumer waste means an item that has passed through its end-usage as a consumer item such as old newspapers, magazines, used corrugated containers, and office waste material.  It does not include waste generated during production of an end product such as printer's waste.

    (5)   Recycled material means material recovered from or otherwise diverted from the waste stream, including recycled paper.  It includes post-consumer waste, industrial scrap material, and obsolete inventories.  It does not include mill broke or similar paper waste generated in a paper mill before completion of the paper making process or, in other industries, those materials and by-products generated in and commonly reused within an original manufacturing process.

    (6)   Recycled paper means:

      (A)   paper or a paper product that contains recycled materials with a total gross content of post-consumer waste of at least 80%;

      (B)   if a paper or paper product meeting the requirements of subparagraph (A) is unavailable or otherwise impracticable to procure, the paper or paper product has been de-inked or contains a level of post-consumer waste that exceeds the then current minimum content standards of the U.S. Environmental Protection Agency for paper and paper products containing recovered materials (40 CFR 250); or

      (C)   if a paper or paper product meeting the requirements of subparagraphs (A) or (B) is unavailable or otherwise impracticable to procure, the paper or paper product conforms to the then current minimum content standards adopted by the U.S. Environmental Protection Agency for paper and paper products containing recovered materials (40 CFR 250).

  (b)   Procurement specification review; use of recycled materials.

    (1)   Notwithstanding any other provision of this Chapter, each Using Department must review the procurement specifications used or to be used by the department and, to the extent practicable:

      (A)   require use of goods containing recycled materials;

      (B)   provide for use of a percentage price preference not to exceed 10%;

      (C)   or both.

If the Using Department is unable to determine whether or not a desired good containing recycled materials is available, the procurement specifications should include a provision that a specified percentage price preference, not to exceed 10%, will be given to a  bidder offering an acceptable requested good containing recycled materials consistent with this Section.

    (2)   In an assessment of the practicability of a procurement specification for goods containing recycled materials the Using Department must consider, among other relevant factors:

      (A)   product availability;

      (B)   product suitability for intended County use, including whether the product meets established performance standards; and

      (C)   cost.

A procurement specification for a good containing recycled materials may be considered impracticable if the estimated cost of the good containing recycled materials exceeds the average cost of similar products that have not been recycled by more than 10 percent.

    (3)   If the Using Department makes a determination that a specification for a good containing recycled materials is not practicable, written documentation must be placed in the contract file.  The documentation must explain the agency determination and reference any specific tests used to evaluate performance.

    (4)   A decision on use of a specification for a good containing recycled materials or a percentage price preference is within the sole discretion of the County and is not appealable under Article VII.

  (c)   Recycled Paper Goal. Procurement of paper and paper products should be structured to attempt to achieve the goal that at least 50% of the total dollar value of paper and paper products purchased by or for County government is recycled paper.  To the extent possible, any cooperative purchasing agreement with the Montgomery County Schools or other entity should be similarly structured.

  (d)   Role of Office of Procurement and Department of Environmental Protection; Executive Regulations; Indirect Purchases.

    (1)   The Office of Procurement must review all specifications of the Using Departments and all cooperative purchasing agreements to ensure compliance with this Section, appropriate use of percentage price preferences, and consistency among Using Departments procuring similar goods.  To the extent available, the Office of Procurement must provide the Using Departments with lists of acceptable products containing recycled materials published by the State of Maryland for use by state agencies or any similar information developed by the County.

    (2)   The Department of Environmental Protection must provide technical assistance, when requested by the Office of Procurement or a Using Department, concerning recycled material content in any product, or similar matters.

    (3)   In adopting any regulations to administer this Section, the County Executive may, to the extent consistent with this Section, incorporate guidelines of the U.S. Environmental Protection Agency concerning the use of products containing materials recovered from solid waste, including cement and concrete containing fly ash, paper and paper products, asphalt materials, oils and hydraulic fluids, and retread tires.

    (4)   Regulations or contract specifications may be adopted that provide minimum recycled content requirements.  In addition, provision should be made for estimates by vendors, certification, and verification of the amount of recycled content in goods supplied to the County under this Section.

    (5)   The County may require use of recycled materials for purchases by contractors or grantees using appropriated County funds.

  (e)   Report by Office of Procurement. The Director, in consultation with the Director of Environmental Protection, must submit a report to the County Council and County Executive by September 30 each year about implementation of this Section for the prior fiscal year.  The report must describe County government efforts to encourage the maximum purchase of goods containing recycled materials under this Section and recommend measures that could increase County purchases of goods containing recycled materials.  The report should specifically provide:

    (1)   the dollar value of recycled paper purchased and the dollar value of all other paper and paper products purchased;

    (2)   to the extent ascertainable, the quantity and dollar value of recycled paper purchased with:

      (A)   at least 80% post-consumer waste content; and

      (B)   other post-consumer waste or waste paper characteristics determined relevant by the County Executive;

    (3)   a summary of major specification revisions made during the year by the Using Departments and in any cooperative purchasing arrangement;

    (4)   the dollar value of goods procured under this Section containing recycled materials, other than recycled paper;

    (5)   a summary of determinations that compliance with this Section is impracticable;

    (6)   a review of the variation, if any, between estimates and certifications concerning the recycled content in goods supplied to the County under this Section;

    (7)   the cost to the County of implementing this Section;

    (8)   suggested legislative or administrative changes; and

    (9)   any other relevant information.

### Article XIV. Purchases from Minority Owned Businesses.

**Sec. 11B-57. Legislative findings and policy.**

  (a)   Minority owned businesses have experienced the effects of discrimination in the awarding of County contracts and subcontracts.  The effect has been to:

    (1)   make a smaller percentage of contract and subcontract awards to minority owned businesses than the percentage of qualified minority owned businesses in the County’s relevant geographic market area would indicate as reasonable;

    (2)   impede the economic development and expansion of minority owned businesses in the County’s relevant geographic market area;

    (3)   impair the competitive position of minority owned businesses; and

    (4)   generally harm minority owned businesses.

  (b)   Adoption of the minority owned business purchasing program is intended to remedy the effects of discrimination on minority owned businesses.

  (c)   A goal of awarding an appropriate percentage of the dollar value of County contracts to minority owned businesses in proportion to their availability to perform work under County contracts is a reasonable and appropriate means to remedy discrimination against minority owned businesses.

  (d)   The County should actively recruit all minority owned businesses to provide goods, construction, and services to the County.  To help achieve this goal, the County should:

    (1)   notify all businesses of procurement opportunities;

    (2)   provide information to all business owners about the procurement system;

    (3)   provide referrals for technical assistance, sureties, and financing; and

    (4)   review procurement procedures to remove artificial barriers to competition.

  (e)    A five-year period is a reasonable time to continue the minority owned business purchasing program before evaluating it.

  (f)   This article does not give any person, including a minority owned business, any right or status, including standing, to challenge the award of a contract or subcontract under the County procurement system.  The provisions of this article are enforceable only through the oversight function of the Chief Administrative Officer and the County Council.

  "Transition.  Any certification as a minority owned business remains valid until April 1, 1998, if:

  (a)   the County certified the entity as a minority owned business before this Act took effect [December 10, 1997]; and

  (b)   the entity continues through March 31, 1998, to meet the criteria for a minority owned business in effect before this Act took effect [December 10, 1997].

The goal of awarding 20 percent of the total dollar value of County contracts to minority owned businesses remains in effect until the Chief Administrative Officer sets new goals under regulations adopted to implement this Act.  This Act does not affect the validity of any minority, female, disabled subcontractor performance plan entered into before this Act took effect [December 10, 1997].”

**Sec. 11B-58. Definitions.**

  (a)   Minority owned business means, unless the context indicates otherwise,  any legal entity that:

    (1)   Is a minority business enterprise as defined under the State procurement law; and

    (2)   Does not exceed a ceiling set by regulation on the number and value of contracts or subcontracts awarded during the first 5 years after it is certified under this article, or during the next 3 years if it did not exceed the ceiling during the first 5 years after it is certified.

  However, a not for profit entity organized to promote the interests of persons with a disability is a minority owned business only if at least 51 percent of the individuals used by the nonprofit entity to perform the services or manufacture the goods contracted for by the County are persons with a disability.

  (b)   Relevant geographic market area means the geographic market area identified by the County Executive in the most recent report that evaluates the need to continue the program and is issued in accordance with Section 11B-61(b).

  (c)   Socially or economically disadvantaged group means a group expressly identified as eligible to control a minority business enterprise under the State procurement law.  For purposes of this Article, disabled owned businesses and not-for-profit entities organized to promote the interests of persons with a disability are a single group.

  "Transition.  Any certification as a minority owned business remains valid until April 1, 1998, if:

  (a)   the County certified the entity as a minority owned business before this Act took effect [December 10, 1997]; and

  (b)   the entity continues through March 31, 1998, to meet the criteria for a minority owned business in effect before this Act took effect [December 10, 1997].

The goal of awarding 20 percent of the total dollar value of County contracts to minority owned businesses remains in effect until the Chief Administrative Officer sets new goals under regulations adopted to implement this Act.  This Act does not affect the validity of any minority, female, disabled subcontractor performance plan entered into before this Act took effect [December 10, 1997]."

**Sec. 11B-59. Goals; applicability.**

  (a)   The Chief Administrative Officer must structure the County's purchasing program to attempt to achieve the goal so that the percentages of the dollar value of purchases identified in subsection (b) from minority owned businesses who have been discriminated against are proportional to the availability of those businesses to perform work under County contracts in the County’s relevant geographic market area as determined by the most recent report that the County Executive must submit to the County Council under Section 11B-6(b).

  (b)   The purchases subject to the minority owned business goals are any formal or informal procurement, including any contract modification or renewal, valued over $5,000.

  (c)   The minority owned business goals do not apply to:

    (1)   grants that are appropriated by the County Council to specific grantees;

    (2)   utilities;

    (3)   intragovernmental procurements; or

    (4)   intergovernmental procurements, including a bridge contract, under Sections 11B-41 and 11B-42 if the Director determines in writing that compliance with this Article is impractical or is outweighed by the benefits to the County of entering into the intergovernmental procurement.

  "Transition.  Any certification as a minority owned business remains valid until April 1, 1998, if:

  (a)   the County certified the entity as a minority owned business before this Act took effect [December 10, 1997]; and

  (b)   the entity continues through March 31, 1998, to meet the criteria for a minority owned business in effect before this Act took effect [December 10, 1997].

The goal of awarding 20 percent of the total dollar value of County contracts to minority owned businesses remains in effect until the Chief Administrative Officer sets new goals under regulations adopted to implement this Act.  This Act does not affect the validity of any minority, female, disabled subcontractor performance plan entered into before this Act took effect [December 10, 1997]."

**Sec. 11B-60. Procedures.**

  (a)   By September 30 of each year, the Chief Administrative Officer must set for the following calendar year percentage goals of the dollar value of purchases subject to this Article for each socially or economically disadvantaged group.  The goals must correspond to the availability of that group by source selection method and purchasing category in the relevant geographic market area as determined by the most recent report that the County Executive must submit to the County Council under Section 11B-61(b) to perform work under County contracts.  The Chief Administrative Officer must set  separate goals for each socially or economically disadvantaged group in the County’s purchases of goods, construction, professional services, and other services.  The Chief Administrative Officer must not set goals for a socially or economically disadvantaged group unless the Chief Administrative Officer determines that the value of purchases made during the previous fiscal year from that group in each category of purchases under a particular source selection method, compared with the availability of that group to perform work in that category, shows a significant under-utilization of the group.

  (b)   The Chief Administrative Officer must adopt procedures to certify and decertify minority owned businesses.

  (c)   The Office of Procurement must publicly notify businesses of prospective procurement opportunities.

  (d)   For those procurements where a goal has been set under subsection (a), the Office of Procurement must encourage minority owned business participation in procurement.  These activities should include:

    (1)   distribution to potential contractors for whom a goal has not been set of a list of potential minority owned business contractors for whom a goal has been set with a requirement that one or more be contacted if any work subject to a goal is being subcontracted;

    (2)   a provision in all solicitations for procurements in excess of $50,000 that requires, subject to the waiver provisions of subsection (h), businesses for whom a goal has not been set acting as prime contractors to subcontract to minority owned businesses for whom a goal has been set a percentage of the total dollar value of the contract that is consistent with the numerical goals established under subsection (a);

    (3)   a requirement that a contractor for whom a goal has not been set:

      (A)   agree to a plan showing how the contractor proposes to meet its minority owned business procurement subcontracting goal; and

      (B)   identify, before a notice to proceed is issued or performance of a contract begins, whichever occurs first, each minority owned business that the contractor intends to subcontract with and the projected dollar amount of each subcontract, and promptly notify the using department of any change in either item;

    (4)   contract requirements that minority owned business participation goals be maintained by prime contractors throughout the life of the contract, including modifications and renewals, subject to the waiver provisions of subsection (h).  Contract requirements:

      (A)   may include obligating contractors subject to the minority owned business procurement goals to provide in each subcontract with a minority owned business a provision requiring the use of binding arbitration to resolve disputes between the contractor and the minority owned business subcontractor; and

      (B)   must make failure to submit documentation showing compliance with a minority owned business subcontracting plan under paragraph (3) grounds for withholding any remaining payment or imposing liquidated damages unless failure to comply with the plan is the result of an arbitration decision under subparagraph (A) or a waiver granted under subsection (h).  Liquidated damages under this provision must equal the difference between all amounts the contract or has agreed under its plan to pay minority owned business  subcontractors and all amounts actually paid minority owned business subcontractors under the contract, considering any relevant waiver or arbitrator's decision.  Failure to show compliance with a minority owned business subcontracting plan must also result in finding the contract or non-responsible for purposes of future procurements with the County during the next 3 years; and

    (5)   an evaluation factor with a value of no more than 10% of the total available points in a request for proposals issued under Section 11B-10 awarding additional points for a proposal from:

      (A)   a contractor for whom a goal has been set under subsection (a); and

      (B)   a contractor for whom a goal has not been set who proposes to exceed the minority owned business procurement subcontracting goal established for the contract.

  (e)   The Office of Procurement must offer procurement system education and information to minority owned businesses for whom a goal has been set under subsection (a).

  (f)   The Office of Procurement must offer referrals to resources such as technical consultants, sureties, and financing sources.

  (g)   The Director must review procurement requirements to remove artificial barriers to competition.

  (h)   The Director may waive, or exempt a business from, minority owned business contracting requirements under appropriate circumstances described in regulations.

  (i)   The Director may require each contractor and minority owned business that participates in the minority owned business purchasing program to provide information concerning utilization by the contractor of minority owned businesses in private and government contracts.

  (j)   The Chief Administrative Officer must ensure that all contract administrators receive appropriate guidance in implementing this article.

  "Transition.  Any certification as a minority owned business remains valid until April 1, 1998, if:

  (a)   the County certified the entity as a minority owned business before this Act took effect [December 10, 1997]; and

  (b)   the entity continues through March 31, 1998, to meet the criteria for a minority owned business in effect before this Act took effect [December 10, 1997].

The goal of awarding 20 percent of the total dollar value of County contracts to minority owned businesses remains in effect until the Chief Administrative Officer sets new goals under regulations adopted to implement this Act.  This Act does not affect the validity of any minority, female, disabled subcontractor performance plan entered into before this Act took effect [December 10, 1997]."

**Sec. 11B-61. Reports.**

  (a)   The Chief Administrative Officer must report to the County Council, by September 30 of each year for the previous fiscal year:

    (1)   the total number and value of all procurements;

    (2)   the total number and value of all procurements subject to the minority owned business procurement goal;

    (3)   the total number and value of purchases from minority owned businesses;

    (4)   the total number and value of purchases of construction, goods, professional services, and other services from each socially or economically disadvantaged group;

    (5)   the percentage which those purchases are of the total number and value of purchases subject to the minority owned business procurement goal;

    (6)   the percentage of availability that each socially or economically disadvantaged group represents in each category of purchases in the County’s relevant geographic market area;

    (7)   the percentage of each socially or economically disadvantaged group that submits a proposal in response to each request for proposals, and the percentage of contracts by dollar volume and number of awards made under each request for proposals to each socially or economically disadvantaged group;

    (8)   information required in paragraphs (1) through (4) for each Using Department that, for procurements subject to the minority owned business procurement goal, has had either;

      (A)   procurements of any type exceeding $5,000,000, in the aggregate; or

      (B)   procurements for professional services exceeding $1,000,000, in the aggregate;

    (9)   the total number and value of all procurements excluded from the minority owned business goals by Section 11B-59(c);

    (10)   the total number and value of all waivers or exemptions granted under section 11-60(h), with a brief description of the reasons for each waiver or exemption;

    (11)   any other information that the County Council requests; and

    (12)   any other information that a regulation requires to be submitted.

  (b)    By July 1, 2029, the Director of the Office of Procurement must submit a report to the County Council evaluating the need to extend the minority owned business purchasing program.

  "Transition.  Any certification as a minority owned business remains valid until April 1, 1998, if:

  (a)   the County certified the entity as a minority owned business before this Act took effect [December 10, 1997]; and

  (b)   the entity continues through March 31, 1998, to meet the criteria for a minority owned business in effect before this Act took effect [December 10, 1997].

The goal of awarding 20 percent of the total dollar value of County contracts to minority owned businesses remains in effect until the Chief Administrative Officer sets new goals under regulations adopted to implement this Act.  This Act does not affect the validity of any minority, female, disabled subcontractor performance plan entered into before this Act took effect [December 10, 1997]."

**Sec. 11B-62. Monitoring.**

  The Chief Administrative Officer must develop monitoring procedures that will enable a contract administrator and the minority procurement officer of the Office of Procurement to ascertain compliance by prime contractors with the minority participation requirements of this article.  Monitoring requirements may include the submission of copies of invoices from the minority subcontractor to the prime contractor relative to County contracts.

  "Transition.  Any certification as a minority owned business remains valid until April 1, 1998, if:

  (a)   the County certified the entity as a minority owned business before this Act took effect [December 10, 1997]; and

  (b)   the entity continues through March 31, 1998, to meet the criteria for a minority owned business in effect before this Act took effect [December 10, 1997].

The goal of awarding 20 percent of the total dollar value of County contracts to minority owned businesses remains in effect until the Chief Administrative Officer sets new goals under regulations adopted to implement this Act.  This Act does not affect the validity of any minority, female, disabled subcontractor performance plan entered into before this Act took effect [December 10, 1997]."

**Sec. 11B-63. Penalty.**

  (a)   A person must not:

    (1)   fraudulently obtain or retain, attempt to obtain or retain, or aid another person in fraudulently obtaining or retaining or attempting to obtain or retain certification as a minority owned business for the purpose of this article;

    (2)   willfully make a false statement to a County official or employee for the purpose of influencing the certification or denial of certification of an entity as a minority owned business;

    (3)   fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public monies to which the person is not entitled under this article; or

    (4)   willfully make false statements that any entity is or is not certified as a minority owned business for purposes of this article.

  (b)   A violation of this Section:

    (1)   is a class A violation; and

    (2)   disqualifies the violator from doing business with the County for 3 years.

  "Transition.  Any certification as a minority owned business remains valid until April 1, 1998, if:

  (a)   the County certified the entity as a minority owned business before this Act took effect [December 10, 1997]; and

  (b)   the entity continues through March 31, 1998, to meet the criteria for a minority owned business in effect before this Act took effect [December 10, 1997].

The goal of awarding 20 percent of the total dollar value of County contracts to minority owned businesses remains in effect until the Chief Administrative Officer sets new goals under regulations adopted to implement this Act.  This Act does not affect the validity of any minority, female, disabled subcontractor performance plan entered into before this Act took effect [December 10, 1997]."

**Sec. 11B-64. Sunset date.**

  This Article is not effective after December 31, 2029.

  "Transition.  Any certification as a minority owned business remains valid until April 1, 1998, if:

  (a)   the County certified the entity as a minority owned business before this Act took effect [December 10, 1997]; and

  (b)   the entity continues through March 31, 1998, to meet the criteria for a minority owned business in effect before this Act took effect [December 10, 1997].

The goal of awarding 20 percent of the total dollar value of County contracts to minority owned businesses remains in effect until the Chief Administrative Officer sets new goals under regulations adopted to implement this Act.  This Act does not affect the validity of any minority, female, disabled subcontractor performance plan entered into before this Act took effect [December 10, 1997]."

### Article XV. Local Small Business Reserve Program.

**Sec. 11B-65. Definitions.**

  In this Article the following words have the meanings indicated.

  Director is the Director of Procurement.

  Direct purchase means an informal solicitation defined by regulation under Section 11B-13.

  Local Small Business means a for-profit business or non-profit entity, other than a broker, that:

    (1)   has its principal place of business or non-profit operations in the County;

    (2)   in the case of a for-profit business, is independently owned and operated;

    (3)   is not a subsidiary of another business or entity; and

    (4)   meets criteria, size limits, and gross sales amounts established by method 2 regulations.

  Local Small Business Reserve means any procurement that is limited to responses from local small businesses.

  Veteran-Owned Local Small Business means a Local Small Business that is at least 51 percent owned by one or more individuals who:

    (a)   are verified as having served on active duty in the armed forces of the United States, other than for training and were discharged or released under conditions other than dishonorable; and

    (b)   control the management and daily operations of the business.

**Sec. 11B-66. Local Small Business Reserve Program.**

  (a)   Except as provided in Subsection (c), this Article applies to all procurements by a using department.

  (b)   Minimum Requirements.

    (1)   Subject to Method 2 regulations, a using department’s procurement procedures must award a minimum of 25 percent of the using department’s combined dollar value of contracts issued for goods, services, or construction, including direct purchases, to local small businesses.

    (2)   A using department must have a goal to award at least 50 percent of the combined dollar value of its direct purchases to local small businesses.

  (c)   The total dollar value of procurements by a using department does not include:

    (1)   the value of any contract to which this Article does not apply because of a conflict with state or federal law or a grant requirement;

    (2)   a preexisting contract executed by the County;

    (3)   a non-competitive contract award made under Section 11B-14;

    (4)   a public entity procurement;

    (5)   an emergency procurement;

    (6)   a bridge contract;

    (7)   a cooperative procurement;

    (8)   any waiver made under Section 11B-67(f);

    (9)   any procurement where no local small business is qualified or able to perform the contract; or

    (10)   any single procurement that is estimated to exceed $10 million.

  (d)   A using department’s decision to exclude a procurement under Subsection (c)(6) must be approved by the Director.

**Sec. 11B-66A. Local Small Business Reserve Program – Veteran-Owned Preference Points.**

  (a)   Established. There is established a Veteran-Owned Local Small Business preference points program for County procurements.

  (b)   Eligibility. To be eligible for Veteran-Owned Local Small Business preference points, a business must affirm and provide supporting documentation to the Director to show that it is a Veteran-Owned Local Small Business as defined in Section 11B-65. The Director may investigate and verify the information provided on the application, as necessary.

  (c)   Certification. Veteran-Owned Local Small Business preference points must only be applied to a Local Small Business that has a valid Veteran-Owned Small Business (VOSB) or Service-Disabled Veteran-Owned Small Businesses (SDVOSB) certificate from the U.S. Small Business Administration or the U.S. Department of Veterans Affairs’ Center for Verification and Evaluation.

  (d)   Application of Preference Points to competitive sealed proposals. For any request for proposals issued under Section 11B-10 that has been designated for a Local Small Business Reserve, the Director must include an evaluation factor awarding additional points for a proposal from a Veteran-Owned Local Small Business worth five percent of the total available points.

  (e)   Waiver. The Director may waive a bid or proposal preference under this Section in a solicitation if the Director finds that a preference would result in the loss to the County of Federal or State funds.

**Sec. 11B-67. Procedures.**

  (a)   Any procurement by a using department of goods, services, or construction is eligible for designation for the local small business reserve by the using department director or a designee, except any procurement that would be excluded under Section 11B-66(c).

  (b)   A solicitation for a procurement that has been designated for a local small business reserve must be published in the same manner as required for other solicitations under Article III.

  (c)   The procurement officer of a designated procurement unit must award a procurement contract designated for a local small business reserve to the responsible local small business that submits an offer that:

    (1)   is the lowest bid price;

    (2)   if the invitation for bids so provides, is the lowest evaluated bid price; or

    (3)   is the bid or proposal most favorable to the County within the local small business reserve.

  (d)   A business must affirm and provide supporting documentation to the Director to show that it is a local small business as defined in Section 11B-65(a). The Director may investigate and verify the information provided on the application.

  (e)   A local small business is no longer eligible for a procurement under this Article if the business has been awarded $10 million in the aggregate in County contracts and at least 10 separate contracts, as either a prime contractor or a subcontractor, beginning January 1, 2006.  The Director must provide written notice to the business when it is no longer eligible.

  (f)   The Chief Administrative Officer may waive the application of this Article to a specific contract if the Chief Administrative Officer finds that the application of this Article conflicts with the overall objectives and responsibilities of the Chapter. The Chief Administrative Officer must keep records on the number of waivers issued and the reason for each waiver.  This information must be reported to the Council in the annual report on the Program under Section 11B-69(b).

  (g)   This Article does not give any person, including a local small business, any right or status, including standing, to challenge the award of a contract or subcontract under the County procurement system.  This Article is enforceable only through the oversight function of the Chief Administrative Officer and the Council.

**Sec. 11B-68. Regulations.**

  (a)   The County Executive must adopt method 2 regulations to implement this Article.  The regulations must:

    (1)   require the Director to compile and maintain a comprehensive bidder’s list of qualified local small businesses and post that list on the appropriate website;

    (2)   specify the criteria, size requirements, and gross sales amounts for a local small business;

    (3)   define what constitutes a significant amount of economic activity; and

    (4)   identify outreach methods and marketing strategies to inform local small businesses of the program.

  (b)   Each using department must comply with the regulations.

**Sec. 11B-69. Reports.**

  (a)   By October 30 each year, each using department must submit to the Director a report on the number, type, and dollar amount of contracts, including direct purchases, issued under this Article.

  (b)   By November 30 each year, the Director must report to the Council on the Local Small Business Reserve Program.  This report must include the number, type, and dollar amount of contracts, including direct purchases, awarded under this Article during the preceding fiscal year, the number, type, and dollar amount of each waiver, information about how these numbers have changed from the preceding fiscal year, and the extent of outreach efforts.

**Sec. 11B-70. Penalty.**

  (a)   A person must not:

    (1)   willfully make a false statement to a County official or employee for the purpose of influencing participation in the Program; or

    (2)   fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain funds to which the person is not entitled to under this article.

  (b)   A violation of this Section:

    (1)   is a class A violation; and

    (2)   disqualifies the violator from doing business with the County for 2 years.

### Article XVI. Service Contracts.

**Sec. 11B-71. Definitions.**

  In this Article, the following words have the meanings indicated.

  (a)   Adversely affect means:

    (1)   loss of County employment;

    (2)   reduction in pay or benefits;

    (3)   reduction in pay grade; or

    (4)   loss of bargaining unit work.

  (b)   Public employee means:

    (1)   a County merit system employee who is a member of the Office, Professional, and Technical (OPT) or Service, Labor, and Trades (SLT) bargaining unit; or

    (2)   a temporary, seasonal, or substitute employee who is a limited scope member of the OPT or SLT bargaining unit under Section 33-105(c)(2).

**Sec. 11B-72. Scope of Article.**

  (a)   This Article applies to a service contract that the Director finds will, if awarded:

    (1)   exceed an estimated annualized cost of $75,000; and

    (2)   adversely affect a public employee, as defined in Section 11B-71(b), by reducing or eliminating work already performed by County employees when the contract is solicited.

The Director must adjust the amount in paragraph (1) every 2 years to reflect the aggregate increase, if any, in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the previous 2 years.  The Director must calculate the adjustment to the nearest multiple of $100.

  (b)   This Article does not apply to:

    (1)   a contract that is primarily to obtain goods or construction, but includes services related to the procurement of the goods or construction;

    (2)   a contract that the Director finds is necessary to meet an imminent threat to public health, welfare, or safety;

    (3)   a contract for services provided by a public entity;

    (4)   a contract for services provided by a local small business under the Local Small Business Reserve Program; or

    (5)   a non-competitive contract awarded by the Chief Administrative Officer under Section 11B-14(a)(4).

  (c)   This Article does not apply to or limit the authority of a Department or Office Director to abolish a bargaining unit position or conduct a reduction-in-force.

  (d)   This Article does not apply to or limit any contract for:

    (1)   any service that the County Council authorizes or requires to be provided by an independent contractor;

    (2)   any service by a consultant; or

    (3)   any professional service, unless that service is provided by bargaining unit employees when the contract is solicited.

**Sec. 11B-73. Approval of solicitation for service contract.**

  The Director must not issue a solicitation for a service contract under this Article unless the Chief Administrative Officer has certified that the contract complies with Section 11B-74.

**Sec. 11B-74. Certification by Chief Administrative Officer.**

  (a)   The Chief Administrative Officer may certify that the Director may solicit a service contract under this Article if the using department has:

    (1)   taken steps to consider alternatives to the service contract, including reorganization, reevaluation of service, and reevaluation of performance;

    (2)   consulted with the certified representative of public employees who will be adversely affected if the County enters into the service contract; and

    (3)   demonstrated, based on a cost comparison analysis, that the County will save, over the term of the contract, at least 25 percent of the value of the contract.

  (b)   The using department must compare at least the following items in its cost analysis:

    (1)   direct costs, including fringe benefits, and an assumption that the contractor will meet the wage requirements of Section 11B-33A for the employees who perform work under the contract;

    (2)   indirect overhead costs, including a proportional share of administrative salaries and benefits, rent, equipment costs, utilities, and materials; and

    (3)   any continuing or transitional costs directly related to contracting for the service, including unemployment compensation and the cost of transitional services.

  (c)

    (1)   The using department must develop a plan of assistance for each public employee who will be adversely affected by the service contract. The plan of assistance must include:

      (A)   efforts to place each adversely affected public employee in a vacant County position;

      (B)   inclusion in the service contract, if feasible, of a requirement that the contractor must:

        (i)   notify the County of any vacant position for which displaced County employees may apply; and

        (ii)   consider hiring displaced public employees; and

      (C)   written notice of the anticipated adverse effect to each adversely affected public employee and the certified bargaining representative 120 days before the anticipated adverse effect will occur.

    (2)   The using department must bargain with the certified representative before adopting a final plan of assistance.

**Sec. 11B-75. Enforcement.**

  (a)   Noncompliance with this Article does not invalidate a contract award or proposed contract award that the County has otherwise validly awarded or issued.

  (b)   A public employee who is adversely affected by noncompliance with this Article may file an action in the Circuit Court for the County or the District Court of Maryland, depending on the amount in controversy.  If the Court enters a judgment in favor of the employee, the County must reimburse the employee for any actual loss the employee incurred.

**Sec. 11B-76. Right of certified representative.**

  The certified representative of an adversely affected employee may submit an offer in response to a solicitation, under applicable procurement regulations, to have bargaining unit employees perform the services while achieving the targeted savings.

### Article XVII. Preference for a Small Business with Health Insurance.

**Sec. 11B-77. Preference for a Small Business With Health Insurance.**

  (a)   Definitions.  In this Article the following terms have the following meanings:

    Certified Small Business With Health Insurance means a business certified by the Director as meeting the standards established by regulation for a Small Business With Health Insurance.

    Contract means a contract for procurement services subject to the Wage Requirements Law in Section 11B-33A.

    Director means the Director of the Department of Health and Human Services or the Director’s designee.

    Health insurance means insurance coverage that pays for medical expenses incurred by an employee and an employee’s family either by reimbursing the employee or by paying the care provider directly and provides the minimum essential health benefits required under the Patient Protection and Affordable Care Act, 26 U.S.C. §5000A, as amended.

    Health insurance evaluation factor means an evaluation factor in a request for proposals that gives an offeror credit for being a certified Business With Health Insurance.

    Percentage price preference means the percent by which a responsive bid from a responsible bidder who is a certified Business With Health Insurance may exceed the lowest responsive bid submitted by a responsible bidder who is not a certified Business With Health Insurance.

    Small Business With Health Insurance means a business that:

    (1)   has 50 or fewer full-time equivalent employees; and

    (2)   provides an employer benefit package that includes health insurance for each employee who provides services to the County under a contract; or

    (3)   demonstrates that each employee who provides services to the County has health insurance from another source.

  (b)   Regulation.  The County Executive must adopt a regulation under Method 2 that establishes:

    (1)   an application process for a business to be certified as a Small Business With Health Insurance;

    (2)   standards for a business to meet to be certified as a Small Business With Health Insurance;

    (3)   the amount of a percentage price preference for a Small Business With Health Insurance under a solicitation for competitive sealed bidding; and

    (4)   a Small Business With Health Insurance evaluation factor for use in a request for proposals.

  (c)   Certification.  The Director must certify a business that meets the standards established by regulation as a Small Business With Health Insurance.  A false statement on an application for certification is a Class A violation.

  (d)   Role of Office of Procurement and Department of Health and Human Services.

    (1)   The Office of Procurement must review all specifications of each using department to assure compliance with this Section, appropriate use of a percentage price preference or an evaluation factor, and consistency among using departments procuring similar services.

    (2)   The Department of Health and Human Services must:

      (A)   operate the certification process;

      (B)   permit pre-certification as a Small Business With Health Insurance; and

      (C)   maintain a list of businesses that have been certified as a Small Business With Health Insurance.

  (e)   Denial or revocation of certification.  The Director may refuse to certify a business under this Section, and may suspend or revoke a certification issued under this Section, after a hearing for which reasonable notice has been given, if the business or applicant does not meet the standards for certification as a Small Business With Health Insurance.

  (f)   Notice and opportunity for hearing.

    (1)   Notice.  After finding that one or more grounds for denial, suspension, or revocation of a certification could exist, the Director may serve a written notice on the business or applicant in person or by regular mail, postage prepaid, addressed to the person’s last known address as maintained in the Director’s file.  Service on that person by mail is effective 3 days after mailing.  The written notice must, at a minimum:

      (A)   state that the Director has found that the business or applicant may be subject to denial, suspension, or revocation of the certification;

      (B)   identity the specific grounds for the Director’s findings; and

      (C)   set a date for a hearing on denial of the application or suspension or revocation of the certification.

    (2)   Hearing.  The Director or a designee may conduct the hearing.  At the hearing, the business or applicant may present evidence and witnesses to refute the grounds cited by the Director for denying the application or suspending or revoking the certification, and the County and any other person may submit relevant evidence.  The relevant records of the Office are part of the hearing record.  The person conducting the hearing must render a decision in writing, giving the reasons for the decision.  That decision is final, subject to judicial review under the Maryland Rules for review of administrative decisions in the Circuit Court and the Court of Special Appeals.

    (3)   Failure to appear.  A business or applicant who after notice does not appear at a hearing waives the right to a hearing and consents to the action that the Director proposed in the notice.  The Director may deny the application or suspend or revoke the certification as proposed in the notice.

  (g)   Appeals.  Any person aggrieved by the denial, suspension, or revocation of any certification under this Section may seek judicial review under the Maryland Rules for review of administrative decisions in the Circuit Court and the Court of Special Appeals.

  (h)   Report by Office of Procurement.  The Director of the Office of Procurement, after consulting with the Director of Health and Human Services, must submit a report to the County Council and County Executive by September 30 each year after implementation of this Section for the prior fiscal year.  The report should include:

    (1)   the dollar value of services purchased from a certified Small Business With Health Insurance;

    (2)   the dollar value of services purchased from a business that is not a certified Small Business With Health Insurance;

    (3)   to the extent ascertainable, the additional cost of any contracts awarded to a certified Small Business With Health Insurance under a percentage price preference;

    (4)   a summary of applications for certification as a Small Business With Health Insurance made during the year, including the results of each application;

    (5)   a list of certified Small Businesses With Health Insurance;

    (6)   suggested legislative or administrative changes; and

    (7)   any other relevant information.

### Article XVIII. Local Business Subcontracting Program.

**Sec. 11B-78. Definitions.**

  In this Section, the following words have the meanings indicated:

  Broker means a person that provides goods or services (other than real estate, investment, or insurance sales) on a pass-through basis as follows:

    (1)   a supplier of goods who:

      (A)   does not own, operate, or maintain a place of business in which goods of the general character required under the contract are kept in stock in the regular course of business;

      (B)   does not regularly assume physical custody or possession of goods of comparable character to those offered to the County, or

      (C)   exclusively acts as a middleman in the sale of goods to the County; or

    (2)   a supplier of services who does not regularly maintain the capability, capacity, training, experience, and applicable regulatory licensing to directly perform the principal tasks of a contract with the County and must provide the principal tasks through a subcontract with a third party.

  Contract Award means the delivery by the County of a fully executed contract to an offeror.

  High Dollar Value Contract means an initial Contract Award that is estimated to exceed $10 million.

  Local Business means a for-profit business other than a broker that has its principal place of business in the County, as further defined by Executive Regulation, and that is certified by the Director as a Local Business under the provisions of this Article.

  Local Business Program Manager means a person designated by the Director to administer and monitor the Local Business Subcontracting Program.

  Local Business Subcontractor means a Local Business that enters into a contract with a Contractor to perform work related to a High Dollar Value Contract for that Contractor.

**Sec. 11B-79. Goals; applicability.**

  (a)   Local Business Subcontracting Goals. This subsection establishes the following Local Small Business subcontracting goals:

    (1)   at least 10% of the contract dollars awarded for each High Dollar Value Contract should be awarded to a Local Business; and

    (2)   at least 10% of the total dollar value of all High Dollar Value Contracts in the aggregate should be awarded to Local Businesses.

  (b)   Applicability. The Local Business Subcontracting Program goals apply to each High Dollar Value Contract except:

    (1)   grants or appropriations under Section 11B-14 (a)(3) and (4);

    (2)   cooperative procurements under Section 11B-40;

    (3)   public entity contracts under Section 11B-41:

    (4)   emergency procurements under Section 11B-16; or

    (5)   bridge contracts, under Section 11B-42, if the Director determines in writing that compliance with this Article is impractical or is outweighed by the benefits to the County of entering into a bridge contract.

**Sec. 11B-80. Procedures.**

  (a)   The Director, at the time of a solicitation, must publish notification to businesses when the solicitation may result in a High Dollar Value Contract.

  (b)   The Director must encourage Local Business participation in applicable High Dollar Value Contract opportunities by:

    (1)   adding a provision in a solicitation for a High Dollar Value Contract that requires a Contractor to exercise good faith in its effort to subcontract 10% of the dollar value of the contract to one or more Local Businesses;

    (2)   requiring a Contractor on a High Dollar Value Contract to:

      (A)   submit a Local Business subcontracting plan describing how the Contractor proposes to meet the 10% Local Business Subcontracting Program goal;

      (B)   identify, before initial Contract Award, each Local Business with which the Contractor intends to subcontract and the projected dollar amount of each subcontract or percentage of the contract dollar amount allocated to each subcontract; and

      (C)   promptly notify the Using Department of any change in the information required under (A) and (B) of this subsection during the contract term.

    (3)   requiring the Contractor to comply with Local Business Subcontracting Program goals throughout the contract term.

  (c)   A Contractor’s failure to satisfy the requirements of the Local Business Subcontracting Program, including a failure to submit documentation required by the Director to show compliance, may constitute a breach of the contract for which the County may withhold payment or impose liquidated damages, in addition to any other remedies available to the County.

  (d)   The Director may waive all or part of the Local Business subcontracting requirements for a specific contract under appropriate circumstances as established by Executive Regulation.

  (e)   The Director may require each Contractor and Local Business that participates in the Local Business Subcontracting Program to provide information concerning utilization by the Contractor of Local Businesses in a High Dollar Value Contract.

**Sec. 11B-81. Regulations.**

  The County Executive must adopt a regulation, by Method 2, to implement this Article. The regulation must include:

  (a)   monitoring procedures to assist a contract administrator and the Local Business Program Manager to determine compliance by a Contractor with the Local Business Subcontracting Program;

  (b)   certification requirements for a business to qualify as a Local Business under this Article; and

  (c)   procedures to certify or decertify a Local Business.

**Sec. 11B-82. No Standing to Challenge Contract Award.**

  This Article does not give any person, including a Local Business, any right or status, including standing, to challenge the award of a contract or subcontract arising from the County procurement system. The provisions of this Article are enforceable only through the oversight function of the Chief Administrative Officer or his designee.

**Sec. 11B-83. Penalty.**

  (a)   A person must not:

    (1)   fraudulently obtain or retain, attempt to obtain or retain, or aid another person in fraudulently obtaining or retaining, or attempting to obtain or retain, certification as a Local Business for the purpose of this Article;

    (2)   willfully make a false statement to a County official or employee for the purpose of influencing the certification of an entity as a Local Business; or

    (3)   fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining, or attempting to obtain, public monies to which the person is not entitled under this Article.

  (b)   A violation of this Article:

    (1)   is a class A violation; and

    (2)   may disqualify the violator from doing business with the County for up to 2 years.

### Article Xix. Vending Machine Service Contracts.

**Sec. 11B-84. Definitions.**

  As used in this Article, the following terms have the meanings indicated:

    Packaged means bottled, canned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant.

    Vending machine means a self-service machine offered for public use that, upon insertion of a coin, paper, currency, token, card, or key, or by optional manual operation, dispenses servings of food or beverages in bulk or in packages, or prepared by the machine, without the necessity of replenishing the device between each vended operation

**Sec. 11B-85. Applicability.**

This Article applies only to County vending machine service contracts.

**Sec. 11B-86. Healthy vending standards.**

  (a)   An item designated as a healthy food choice must contain:

    (1)   no more than 200 calories per package;

    (2)   less than 35% of total calories from fat, except for foods containing 100% nuts or seeds with no added fats;

    (3)   less than 10% of calories from saturated fat; and

    (4)   no more than 35% of calories from total sugars, except for 1%, 2%, or non-fat dairy products, non-dairy milk products, fruits, and vegetables.

  (b)   At least one healthy food choice offered in a vending machine must meet the Food and Drug Administration’s definition of “low sodium”.

  (c)   Except as provided in paragraph (d), an item designated as a healthy beverage choice must contain fewer than 40 calories per serving.

  (d)   The following beverages may also be designated as a healthy beverage choice:

    (1)   fat-free or 1% low fat dairy milk;

    (2)   calcium or vitamin D fortified soy milk with less than 200 calories per container;

    (3)   a container with 12 ounces or less of:

      (A)   100% fruit juice;

      (B)   vegetable juice that contains less than 230 milligrams of sodium per serving; or

      (C)   fruit juice combined with water with no added caloric sweeteners and no more than 200 milligrams of sodium per container.

**Sec. 11B-87. Vending machine service contract requirements.**

  (a)   Any new vending machine service contract or vending machine service contract renewal the County enters into on or after April 18, 2017 must require the following:

    (1)   Any packaged food or beverage item offered for sale in a vending machine contain:

      (A)   less than 0.5 grams of trans-fat per serving; and

      (B)   no more than 200 milligrams of sodium per package.

    (2)   Any beverage offered for sale in a vending machine must not contain more than:

      (A)   250 calories; or

      (B)   20 fluid ounces.

    (3)   Water without added caloric sweeteners must be stocked in a beverage vending machine.

    (4)   Food and beverage items that meet the nutrition requirements in Section 11B-86 must be:

      (A)   displayed in a way that is distinguishable from food and beverage items that do not meet those requirements; and

      (B)   stocked in positions with highest selling potential as determined by the Director of the Department of General Services.

    (5)   Food and beverage items that meet the nutrition requirements in Section 11B-86 must be comparatively priced or less expensive than products that do not meet those standards.

    (6)   Vending machines must display nutritional labeling that complies with the standards for nutritional labeling set forth in 21 Code of Federal Regulations, Sections 101 and 109, or any successor provision.

  (b)   In addition to the requirements of paragraph (a), any new vending machine service contract or vending machine service contract renewal the County enters into on or after July 1, 2017 must require that at least 50% of the food and beverage items offered for sale in vending machines meet the requirements in Section 11B-86.

  (c)   In addition to the requirements of paragraph (a), any new vending machine service contract or vending machine service contract renewal that the County enters into on or after July 1, 2018 must require that at least 65% of the food and beverage items offered for sale in vending machines meet the requirements in Section 11B-86.

**Sec. 11B-88. Annual report.**

  The Director of the Department of General Services must submit a report to the County Council and County Executive by September 30 each year. The report must include:

  (a)   an assessment of compliance with this Article;

  (b)   successes, challenges, and barriers experienced in implementation; and

  (c)   any recommendations for improvement of the standards and compliance.

### Article Xx. Labor Peace Agreements.

**Sec. 11B-89. Purpose.**

  This Article is intended to:

  (a)   prevent the interruption of services to County residents provided by private contractors due to concerted economic action or a lock-out during a labor dispute; and

  (b)   protect the County’s proprietary interests against economic risks and delays associated with concerted economic action or lock-outs during a labor dispute.

**Sec. 11B-90. Definitions.**

  In Sections 11B-89 and 11B-91, the following words have the meanings indicated:

  Concerted economic action means an attempt to resolve a labor dispute using economic pressure against an employer initiated or conducted by a labor organization, or a group of employees acting in concert with a labor organization, including striking, picketing, or boycotting.

  Covered Contract means a County contract to provide residential solid waste, recycling, or yard waste collection and disposal services directly to County residents with a value equal to or greater than $250,000.

  Director means the Director of the Office of Procurement or the Director’s designee.

  Labor dispute means any dispute between an employer and its employees concerning wages, hours, and conditions of employment, or concerning the representation of employees for bargaining over wages, hours and conditions of employment.

  Labor organization means an employee organization established for the principal purpose of engaging in collective bargaining with employers concerning wages, hours, and conditions of employment.

  Labor peace agreement means a written contract between an employer and a labor organization that represents or is seeking to organize that employer’s employees that includes a provision:

  (a)   prohibiting the labor organization and all employees performing services under a covered contract from engaging in any concerted economic action with the employer for the duration of the County contract;

  (b)   prohibiting the employer from engaging in a lock-out of the employees performing services under a covered contract for the duration of the County contract; and

  (c)   requiring that all labor disputes between the employer and the employees performing services under a covered contract be resolved through final and binding arbitration.

  Lock-out means the temporary closing of a business or the refusal by an employer to allow employees to work until a labor dispute is settled.

**Sec. 11B-91. Labor Peace Agreement – Residential Waste or Recycling Collection.**

  (a)   Determination. Before issuing a solicitation for a covered contract, the Director must determine if a labor peace agreement would be in the best interest of the County after considering:

    (1)   the duration of the contract;

    (2)   the adverse financial or economic impact of any disruption in services;

    (3)   the cost associated with finding replacement services;

    (4)   the risk of disruption of services;

    (5)   the history of strikes or lockouts disrupting County services provided by the contract;

    (6)   the potential adverse effect of a labor peace provision on competition for the contract; and

    (7)   any other factors affecting the public interest.

  (b)   Approval. If the Director finds that a labor peace provision is in the best interest of the County for this covered contract, the Director must recommend the inclusion of a labor peace provision to the Chief Administrative Officer in writing. If the Chief Administrative Officer approves a recommendation to include a labor peace provision in the contract, the Director must include a labor peace provision in the solicitation for bids or proposals.

  (c)   Implementation.

    (1)   If the covered contract documents require a labor peace agreement, the contractor awarded the contract must execute a labor peace agreement with a labor organization within sixty (60) days after the later of:

      (A)   receiving the notice of award from the County; or

      (B)   receiving a request for a labor peace agreement from a labor organization that already represents or seeks to represent the employees performing services under the covered contract.

    (2)   The contractor may satisfy this requirement by executing a:

      (A)   preliminary Labor Peace Agreement covering labor disputes over the representation of employees performing services under a covered contract by a labor organization that is designed to be supplanted by a comprehensive collective bargaining agreement;

      (B)   comprehensive collective bargaining agreement; or

      (C)   documenting that no labor organization requested a labor peace agreement or that a labor organization refused to negotiate a labor peace agreement in good faith.

  (d)   Enforcement. The Director may impose appropriate sanctions and remedies against a contractor for a violation of this Article as provided in applicable regulations or by contract, including termination for default.

**Sec. 11B-91A. Labor Peace Agreement – Hotel Development.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated.

    Economic participation means the participation of the County in a hotel project through a lease, loan, financing, tax increment financing, underwriting, or guarantee.

    Employee means an individual whose primary place of work is at the site of a hotel project and who is employed by an employer.

    Employer means any person who employs employees at the site of a hotel project. Employer does not include a person:

    (1)   who employs fewer than the equivalent of 15 employees at a hotel project;

    (2)   who has entered into one or more agreements with one or more labor organizations regarding the employees at the hotel project, if the Chief Administrative Officer determines that the agreement provides protection from the risks of labor-management conflict that is at least equal to the protection provided by the minimum terms of a labor peace agreement; or

    (3)   whose ongoing economic performance and potential for labor-management conflict at the site will not, in the determination of the Chief Administrative Officer, substantially affect the County’s proprietary interest in the hotel project.

    Hotel project means the development, financing, construction, renovation, or operation of a hotel or conference center located within the County.

    Labor organization means a labor organization as defined under the National Labor Management Relations Act, 29 U.S.C. §152(5), as amended.

    Labor peace agreement means a written agreement that:

    (1)   is enforceable between an employer and a labor organization under the National Labor Management Relations Act, 29 U.S.C. § 185(a), as amended; and

    (2)   contains, at a minimum, a provision prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with the employer’s operations in which the County has a proprietary interest, for the duration of that interest.

  (b)   Findings.

    (1)   The County participates in, and may in the future participate in, hotel projects, as a property owner, lessor, proprietor, lender, or guarantor, facing similar risks and liabilities as those faced by other business entities that participate in these ventures.

    (2)   In these situations, the County:

      (A)   has an ongoing proprietary interest in the projects and a direct interest in their financial performance; and

      (B)   must make prudent management decisions, similar to any private business entity, to ensure efficient management of its business concerns and to maximize benefits and minimize risks.

    (3)   One risk to the County’s proprietary interests is the possibility of labor-management conflict, which can result in delays, work stoppages, picketing, strikes, consumer boycotts, increased costs, reduced revenues, and other forms of adverse economic pressure.

    (4)   The risks of labor-management conflict are heightened in the hotel industry because of a documented history of labor-management conflict in this industry and because tourism and conventions are critical to the County’s economy.

    (5)   One way of reducing risks to the County’s proprietary interests is to require, as a condition of the County’s economic participation in a hotel project, that employers participating in the hotel project seek agreements with labor organizations in which the labor organizations agree to forbear from adverse economic action against the employer’s operations.

  (c)   Determination of proprietary interest.

    (1)   If the County participates economically in a hotel project, the Chief Administrative Officer must determine, under paragraphs (2) and (3) of this subsection, whether the County has a proprietary interest in the hotel project.

    (2)   The Chief Administrative Officer must determine that the County has a proprietary interest in a hotel project if:

      (A)   through a lease of real property that is owned by the County and used for the hotel project, the County receives operating profit based on the financial performance of the project, excluding government fees, tax revenue, assessment revenue, or similar fees and revenues, except for tax revenue under the circumstances specified in subparagraphs (C) and (D) of this paragraph;

      (B)   through a contract to manage or operate a hotel or conference center, situated on or in real property owned by the County, the County receives operating profit based on the financial performance of the project, excluding government fees, tax revenue, assessment revenue, or similar fees and revenues, except for tax revenue under the circumstances specified in subparagraphs (C) and (D) of this paragraph;

      (C)   ongoing revenues from the hotel project, including incremental tax revenues generated by the project, are used to repay loans provided by the County to assist the development of the hotel project;

      (D)   ongoing revenues from the hotel project, including incremental tax revenues generated by the hotel project, are used to pay debt service on bonds provided by the County to assist the development of the hotel project; or

      (E)   the County has significant assets at risk because it has agreed to underwrite or guarantee the development of the hotel project or loans related to the hotel project.

    (3)   The Chief Administrative Officer must determine that the County does not have a proprietary interest in a hotel project if the Chief Administrative Officer finds that:

      (A)   the present value of the County’s proprietary interest is less than $1,000,000 annually; or

      (B)   the risk to the County’s financial or other nonregulatory interest resulting from labor-management conflict is so minimal or speculative that a labor peace agreement would not support the County’s proprietary interest in the project. No interest is considered economic and nonregulatory if it arises from the exercise of regulatory or police powers, such as taxation (except as set forth in subparagraphs (C) and (D) of paragraph (2) of this subsection), zoning, or the issuance of permits or licenses.

    (4)   Procedural requirements. Each determination by the Chief Administrative Officer under this subsection must be contained in a written document that:

      (A)   specifies the reasons for the determination; and

      (B)   is provided to the Council and to each employer at the hotel project.

  (d)   Labor peace agreements required. If the Chief Administrative Officer determines that the County has a proprietary interest in a hotel project under subsection (c), the County must require, as a condition of its economic participation in the hotel project, that each employer on the hotel project, including each subcontractor or sublessee, enter into a labor peace agreement with each labor organization that represents, or seeks to represent, the employer’s employees at the hotel project.

  (e)   Implementation.

    (1)   A contract, including a renewal, extension, or material amendment to a contract, a lease, a loan, a guarantee, or another written instrument between the County and the beneficiary of the County’s economic participation in a hotel project must include provisions governing default, damages, or rescission that the County considers appropriate to assure that the requirements of this Section are met.

    (2)   A request for proposals, invitation to bid, or similar document issued by the County regarding a hotel project must include a reference to and summary of this Section.

    (3)   Failure to include a reference or summary in a document under paragraph (2) of this subsection does not exempt an employer otherwise subject to the requirements of this Section.

  (f)   Compliance.

    (1)   If a labor peace agreement is required under subsection (d), each employer on the hotel project must execute a labor peace agreement with a labor organization within 60 days after the later of:

      (A)   receiving written notice from the County that agreements are required under this Section; or

      (B)   receiving a request for a labor peace agreement from a labor organization that already represents or seeks to represent the employees performing services on the hotel project.

    (2)   The employer may satisfy the requirements under paragraph (1) of this subsection by providing to the County:

      (A)   copies of existing labor peace agreements that meet the requirements of this Section for the hotel project;

      (B)   documentation that no labor organization requested a labor peace agreement for the hotel project; or

      (C)   documentation from which the Chief Administrative Officer finds that the labor organization insisted on terms in the labor peace agreement that would be arbitrary and capricious.

  (g)   Enforcement. The County may include appropriate sanctions and remedies against an employer for a violation of the requirements of this Section in any contract, lease, loan, guarantee, or other written instrument related to the hotel development.

  Sec. 3. Existing hotel projects.  Notwithstanding Section 2 of this Act, the County encourages employers on existing hotel projects, in which the County has a proprietary interest, to enter into labor peace agreements with labor organizations representing, or seeking to represent, employees on the hotel projects.

### Article Xxi. Local Business Preference Program.

**Sec. 11B-92. Purpose.**

  This Article is intended to bolster the County’s economic growth and support the creation and retention of employment opportunities within the County by establishing a ten percent (10%) preference for the award of a County contract to a County-based business.

**Sec. 11B-93. Definitions.**

  In this Article, the following words have the meanings indicated.

  Broker means a person that provides goods or services (other than real estate, investment, or insurance sales) on a pass-through basis as:

  (a)   a supplier of goods who:

    (1)   does not own, operate, or maintain a place of business in which goods of the general character required under the contract are kept in stock in the regular course of business;

    (2)   does not regularly assume physical custody or possession of goods of comparable character to those offered to the County; or

    (3)   exclusively acts as a middleman in the sale of goods to the County; or

  (b)   a supplier of services who does not regularly maintain the capability, capacity, training, experience, and applicable regulatory licensing to directly perform the principal tasks of a contract with the County and must provide the principal tasks through a subcontract with a third party.

  Director means the Director of the Office of Procurement or the Director’s designee.

  Local Business means a business, other than a broker, that:

  (a)   has its principal place of business in the County;

  (b)   meets criteria established by method 2 regulations; and

  (c)   is certified by the Director as a Local Business under the provisions of this Article.

**Sec. 11B-94. Applicability.**

  This Article applies to all procurement purchases solicited under Sections 11B-9 or 11B-10.

**Sec. 11B-95. Procedures.**

  (a)   Eligibility. To be eligible for local business preference points, a business must affirm and provide supporting documentation to the Director to show that it is a local business as defined in Section 11B-93. The Director may investigate and verify the information provided on the application, as necessary, and must certify a business as a local business for the purposes of this Article.

  (b)   Certification. Preference points must be applied only to a business:

    (1)   that has a valid local business certification when the business submits a bid or proposal; or

    (2)   who has applied for local business certification before the time to submit a bid or proposal has passed.

  (c)   Notice. The Director must publicly notify businesses of prospective procurement opportunities.

  (d)   Competitive sealed bids. The Director must adjust the bid of a Local Business who submits a bid in response to an Invitation for Bid issued under Section 11B-9:

    (1)   by reducing the bid price(s) by a factor of 10%, but not to exceed $200,000, for the purposes of evaluation and award only; or

    (2)   if a Local Business is eligible for a reciprocal preference pursuant to Section 11B-9(j), the bid of the Local Business must be adjusted by that reciprocal preference if it exceeds the 10% preference factor.

The Local Business preference points authorized under this Article must not be combined with reciprocal preference points authorized under Section 11B-9(j).

  (e)   Competitive sealed proposals. The Director must include an evaluation factor awarding additional points for a proposal from a Local Business worth 10% of the total available points in a Request for Proposals issued under Section 11B-10.

  (f)   Waiver. The Director may waive a bid or proposal preference under this Section in a solicitation if the Director finds that a preference would result in the loss to the County of Federal or State funds.

**Sec. 11B-96. Regulations.**

  The Executive must adopt regulations, by Method 2, to implement this Article. The regulations must include:

  (a)   Certification requirements for a business to qualify as a Local Business;

  (b)   Procedures to certify, re-certify, or decertify a Local Business; and

  (c)   Procedures that will enable the Director to monitor compliance with the Local Business Preference Program.

**Sec. 11B-97. Reports.**

  By October 31st of each year, the Director must report to the Council on the Local Business Preference Program. This report must include the number, solicitation type and dollar amount of contracts that were awarded pursuant to the Program.

**Sec. 11B-98. Penalty.**

  (a)   A person must not:

    (1)   fraudulently obtain or retain, attempt to obtain or retain, or aid another person in fraudulently obtaining or retaining, or attempting to obtain or retain, certification as a Local Business;

    (2)   willfully make a false statement to a County official or employee for the purpose of influencing the certification of an entity as a Local Business; or

    (3)   fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining, or attempting to obtain, public monies to which the person is not entitled under this Article.

  (b)   A violation of this Article:

    (1)   is a class A violation; and

    (2)   may disqualify the violator from doing business with the County for up to 2 years.

### Article Xxii. Grants Management.

**Sec. 11B-99. Definitions.**

  In this Article, the following terms have the meanings indicated:

    Director means the director of the Office, or the Director’s designee.

    Grant means an agreement in which a grantor transfers money or something of value to a grantee to support a public purpose.

    Office means the Office of Grants Management.

    Racial equity and social justice means changes in policy, practice and allocation of County resources so that race or social justice constructs do not predict one’s success, while also improving opportunities and outcomes for all people.

**Sec. 11B-100. Scope.**

  (a)   Except as provided in subsection (b), this Article applies to any grant:

    (1)   received by the County as a grantee; or

    (2)   offered by the County as a grantor.

  (b)   This Article does not apply to any:

    (1)   purchase of goods or services by the County for the direct use or benefit of the County;

    (2)   franchise under Sections 8A-9 or 49-20;

    (3)   license or permit;

    (4)   conveyance or use of real property;

    (5)   bond;

    (6)   loan;

    (7)   tax credit; or

    (8)   individual right or benefit.

**Sec. 11B-101. Grants database.**

  (a)   The Office must maintain a grants database that includes current information regarding:

    (1)   each grant opportunity offered by the County;

    (2)   the purpose, date, amount, and grantor of each grant received by the County; and

    (3)   the purpose, date, amount, and grantee of each grant awarded by the County.

  (b)   The grants database must be available to the public under Section 2-154(b).

**Sec. 11B-102. Countywide grants policy and planning.**

  (a)   The Office, in coordination with the Office of Procurement, must develop countywide policies and procedures to:

    (1)   implement best practices regarding grants management;

    (2)   maximize the County’s use of federal, State, and non-governmental grant opportunities;

    (3)   maximize the efficiency and effectiveness of grants awarded by the County;

    (4)   ensure public transparency and ethical practice in grants management; and

    (5)   ensure that grants management in the County is consistent with the County’s racial equity and social justice goals.

  (b)   The Executive may adopt method (1) regulations to implement policies and procedures under subsection (a).

**Sec. 11B-103. Reporting requirements.**

  The Director must submit a quarterly report on the activities of the Office to the Executive and the Council. The report must include:

    (1)   an overview of the grants process and awards;

    (2)   data regarding grants received by the County;

    (3)   data regarding grants awarded by the County;

    (4)   public outreach activities of the Office and the outcomes of the outreach activities;

    (5)   progress in racial equity and social justice goals; and

    (6)   any recommendations to improve policies and procedures regarding grants management in the County.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 11C. Cooperative Housing.

**Sec. 11C-1. Definitions.**

  In this Chapter, the following words have the meanings indicated.

    (1)   Conversion. "Conversion" means the change of residential property from rental to cooperative status.

    (2)   Cooperative. "Cooperative" refers to a cooperative housing corporation in which each member:

      (i)   Has an ownership interest in the cooperative; and

      (ii)   Is entitled to sole use of a particular unit that is owned by the cooperative.

    (3)   Cooperative project. "Cooperative project" means a plan of a developer to offer cooperative memberships for initial sale to the public.

    (4)   Department. "Department" means the Department of Housing and Community Affairs.

    (5)   Developer. "Developer" includes:

      (i)   An owner of residential rental property;

      (ii)   An agent of an owner of residential rental property;

      (iii)   A contract purchaser of residential rental property; and

      (iv)   A person who solicits another to purchase a cooperative membership.

    (6)   Handicapped. "Handicapped" means having a physical or mental disability that for more than one (1) year substantially impairs walking, seeing, hearing, speaking, working, learning, or another major life activity.

    (7)   Low-income. "Low-income" means household income that is below eighty (80) percent of the median income for Montgomery County. In this definition, household income includes total income from all sources, whether or not included as income for federal or state tax purposes. It is not reduced by a loss from a business or investment. It does not include a tax refund.

    (8)   Member. "Member" means a person with an ownership interest in a cooperative. It includes owners of cooperative shares as well as membership certificates.

    (9)   Membership. "Membership" means ownership interest in a cooperative.

    (10)   Membership certificate. "Membership certificate" means a legal document that evidences ownership in a cooperative. It includes shares and certificates.

    (11)   Property report. "Property report" means the report under Section 11C-4 as well as later changes of information in the report.

    (12)   Senior. "Senior" means being at least sixty-two (62) years old when the owner gives notice of tenant rights under this section.

    (13)   Subscription agreement. "Subscription agreement" means the contract by which a person agrees to purchase a cooperative membership.

    (14)   Unit. "Unit" means an area limited to the residential use of one (1) household under either a rental lease or cooperative membership.

**Sec. 11C-2. Applicability.**

  (a)   Residential only. This chapter does not apply to the sale of a nonresidential unit or a cooperative membership with rights limited to nonresidential use.

  (b)   Creation or conversion date. This chapter does not apply to a cooperative that was created or converted before January 1, 1985.

**Sec. 11C-3. Registration.**

  (a)   Requirement. Before a developer enters into a subscription agreement for the initial sale of cooperative memberships to the public, the developer must register the cooperative project with the Department.

  (b)   Application. To apply for registration, a developer must submit to the Department.

    (1)   The property report; and

    (2)   An application fee.

  (c)   Notice to tenants.

    (1)   When a developer submits an application for registration with the Department, the developer by first class mail or personal delivery must give written notice to each tenant that the property may be converted.

    (2)   The developer must state the notice as follows:

"The property in which you live may be converted from rental to cooperative status. We are filing a detailed report with the Montgomery County Department of Housing and Community Affairs ________ (address and telephone number). You have the right to review and comment on the proposed cooperative within 30 days from ________ (date that the application is submitted)."

  (d)   Approval.

    (1)   Within 5 days after receiving an application, the Department must mail to the developer a notice of receipt of the application.

    (2)   Within 45 days after receiving an application, the Department must decide that either:

      (i)   The application complies with Section 11C-4 and issue an order registering the cooperative project; or

      (ii)   The application does not comply with Section 11C-4 and issue an order rejecting the application and stating the specific reasons for the rejection.

  (e)   Information changes. A developer promptly must submit to the Department any changes of the information in a registration.

  (f)   Ending of registration. The Department must issue an order ending a registration if:

    (1)   A developer notifies the Department that the developer has sold all of the cooperative memberships to purchasers other than a developer; and

    (2)   The developer cannot create additional memberships.

**Sec. 11C-4. Property report.**

  (a)   Contents. A developer must include in the property report:

    (1)   The names and addresses of the owner and developer of the property;

    (2)   The names of cooperative members who became members before memberships were offered for sale to the public;

    (3)   A description of the cooperative project that contains:

      (i)   A survey of the site that shows the property boundary and the location of all existing or proposed improvements;

      (ii)   The floor plans for residential units;

      (iii)   A description on the nature and ownership of all real and personal property on the site that will be owned by the cooperative;

      (iv)   A statement as to whether streets within the cooperative project will be dedicated to public use or maintained by the cooperative;

      (v)   A list of violations of the county building or housing code existing when the developer files the property report;

      (vi)   A description of the work and projected completion dates for proposed construction or repair of violations of the county building or housing code;

      (vii)   A projected completion date for conversion;

      (viii)   The uses of individual units that are permitted by:

        a.   The cooperative articles of incorporation;

        b.   The bylaws that govern internal organization and operation of the cooperative;

        c.   The lease that gives a member the right to use a particular unit; or

        d.   Applicable zoning provisions;

      (ix)   A statement as to whether a member of the cooperative may rent a unit to a person who is not a member;

      (x)   The method and timing of the transfer of control of the cooperative from a developer to the members; and

      (xi)   The nature and extent of an interest that a developer will retain after control of the cooperative transfers to the members;

    (4)   Purchase information, including:

      (i)   Purchase price;

      (ii)   Conditions of purchase;

      (iii)   Projected settlement costs; and

      (iv)   A statement that, until closing, a developer must keep a deposit that a purchaser makes in connection with the purchase of a cooperative membership in an escrow account under section 10-301, Real Property Article, Annotated Code of Maryland;

    (5)   Financial information, including:

      (i)   The name of a construction lender or interim lender;

      (ii)   The name of an institution that is lending funds for the cooperative project;

      (iii)   A statement of the proportionate interest related to each membership, including:

        a.   Ownership interest in the cooperative; and

        b.   Responsibility for cooperative loan payments;

      (iv)   A summary of the terms of a lien on cooperative real property, including:

        a.   A loan or promissory note;

        b.   A deed of trust;

        c.   A mortgage;

        d.   A judgment that creates a lien on real property;

        e.   An option or contract to sell real property;

        f.   A trust agreement that affects the cooperative; and

        g.   A lien that results from a tax assessment by a public authority;

      (v)   A summary of the rights and responsibilities of a purchaser and cooperative member regarding liens on cooperative property; and

      (vi)   A statement of whether a member may claim a pass-through deduction for federal or state income tax for the payments made by the cooperative for real estate taxes and for interest paid on a loan secured by cooperative property;

    (6)   Copies of the following legal documents:

      (i)   Articles of incorporation;

      (ii)   Bylaws;

      (iii)   Subscription agreement;

      (iv)   Membership agreement; and

      (v)   Lease for a member;

    (7)   A list of other legal documents that the developer must make available on request, including:

      (i)   A deed for cooperative property;

      (ii)   A lease of property to which the cooperative is or will be a party; and

      (iii)   A contract that affects the use of, maintenance of, or access to cooperative property;

    (8)   In the case of conversion, a statement of the operating costs of the rental residential property for the three-year period before a conversion;

    (9)   A copy of the projected annual operating budget for the cooperative that includes:

      (i)   Operating costs, including:

        a.   Utilities;

        b.   Trash and garbage disposal;

        c.   Ground and building maintenance;

        d.   Security;

        e.   Maintenance and operation of the facilities; and

        f.   Insurance;

      (ii)   Management costs, including:

        a.   Legal services;

        b.   Bookkeeping and accounting services; and

        c.   Management fees;

      (iii)   Reserve fund information, including a report from a licensed engineer that states:

        a.   The condition and remaining useful life of major cooperative property elements; and

        b.   The projected schedule of expenses for deferred maintenance, repairs, and replacement of cooperative property elements;

      (iv)   A schedule of projected monthly payments that each member must pay to the cooperative, including:

        a.   Mortgage costs;

        b.   Operating costs;

        c.   Management costs;

        d.   Reserve fund costs;

        e.   Taxes;

        f.   Special assessments imposed by government; and

        g.   Service or recreation fees that a member may choose to pay; and

    (10)   A statement of all warranties.

  (b)   Unlawful statements.

    (1)   A developer must not state:

      (i)   That Montgomery County, Maryland, has approved a cooperative;

      (ii)   That Montgomery County, Maryland, has found that a property report is complete or accurate;

      (iii)   Anything in a property report that is false or misleading; or

      (iv)   Anything that differs from the contents of a property report.

    (2)   Warning. On the first page of each property report, the developer must give the following warning in boldface or enlarged type: "It is unlawful for anyone to state that Montgomery County, Maryland, has approved this cooperative housing corporation. It is unlawful to state anything that differs from the contents of this property report."

  (c)   Affirmation. A developer must sign a property report and verify under penalty of perjury that the report is complete and correct.

**Sec. 11C-5. Property report to prospective purchaser.**

  (a)   Before subscription agreement. Before a purchaser signs a subscription agreement, the developer must deliver a copy of the property report to the purchaser.

  (b)   Before issue of membership certificate. Before a developer issues a membership certificate, the developer must deliver to the purchaser a copy of a change made in the property report after making the subscription agreement.

**Sec. 11C-6. Enforceability of subscription agreement.**

  A developer may enforce a subscription agreement for the initial sale of a membership to a member of the public only if:

  (a)   The developer gives the purchaser a property report before the purchaser signs the agreement; and

  (b)   The subscription agreement in conspicuous type contains a notice of the right of a purchaser to receive:

    (1)   A property report registered under section 11C-3; and

    (2)   Notice of purchaser rights to rescind an agreement under section 11C-8.

**Sec. 11C-7. Right to inspect.**

  (a)   Inspection access. For the purpose of verifying property report information, a developer must give access for inspection of cooperative project property if at least twenty-five (25) percent of the tenants who live in the property:

    (1)   Sign an inspection request; and

    (2)   Designate an engineer who is licensed by the State of Maryland.

  (b)   Inspection liability. The tenants who request the inspection are liable for damage caused by the inspection.

**Sec. 11C-8. Rescission of subscription agreement.**

  (a)   Within fifteen days. A purchaser may rescind a subscription agreement for the initial sale of a membership within fifteen (15) days after signing a subscription agreement.

  (b)   Within five days. A purchaser may rescind a subscription agreement for the initial sale of a membership within five (5) days after receiving any material change in the property report.

  (c)   Until receipt of a membership certificate. If a developer fails to comply with a requirement of this chapter, the purchaser may rescind the subscription agreement until the purchaser receives a membership certificate.

  (d)   Liability. A purchaser may rescind a subscription agreement under this section without liability on the part of the purchaser.

  (e)   Notice in writing. A purchaser may rescind a subscription agreement under this section by giving the developer written notice of rescission.

  (f)   Return of deposit. If a developer receives a notice of rescission, the developer must within ten (10) days return to the purchaser the deposit that the purchaser made on account of the subscription agreement.

  (g)   Waiver of right prohibited. A purchaser may not waive the right under this section to rescind a subscription agreement.

**Sec. 11C-9. Warranty.**

  (a)   Scope of warranty. A developer must give a cooperative and its members a warranty on the structural elements of the real property of the cooperative, including:

    (1)   Roof;

    (2)   Foundation;

    (3)   Ceilings;

    (4)   Floor;

    (5)   Walls; and

    (6)   Mechanical, electrical, and plumbing systems.

  (b)   Provision of warranty. A developer must warrant that:

    (1)   The developer is responsible for correcting a defect in material or workmanship; and

    (2)   The structural elements meet industry standards that were in effect when the building was constructed.

  (c)   Beginning of warranty. A warranty under this section begins with the first issue of a membership certificate to a purchaser other than the developer.

  (d)   Incomplete structural element. If a structural element is not complete at the time of the first issue of a membership certificate, the warranty on that structural element begins with the latter of:

    (1)   Completion of the structural element; or

    (2)   Availability of the structural element for use by all members.

  (e)   Warranty period.

    (1)   A one-year warranty covers elements within the exclusive use of a member occupying an individual unit, including:

      (i)   Internal walls;

      (ii)   Ceilings;

      (iii)   Floors;

      (iv)   Doors;

      (v)   Fixtures; and

      (vi)   Appliances.

    (2)   A three-year warranty covers elements within the common use of all members, including:

      (i)   External and supporting walls;

      (ii)   Roof;

      (iii)   Foundation;

      (iv)   Mechanical, electrical, and plumbing systems; and

      (v)   Common area walls, floors, ceilings, and doors.

  (f)   Applicability of warranty. A warranty under this section does not apply to a defect caused by abuse or failure to perform maintenance by:

    (1)   A member; or

    (2)   A cooperative after control transfers to cooperative members.

  (g)   Notice of defect. Within the warranty period, either a member or the cooperative must give the developer notice of a defect that is known.

  (h)   Suit for enforcement. Within one (1) year after a warranty period ends, the member or the cooperative may file a suit for enforcement of a warranty under this section.

**Sec. 11C-10. Tenant option to leave.**

  (a)   Right to leave. A tenant may leave a unit after the developer gives notice of tenant rights under section 11C-23, even if the lease term has not expired.

  (b)   Notice to developer. Before a tenant leaves a unit under this section the tenant must give the developer at least thirty (30) days written notice.

**Sec. 11C-11. Tenant right to extended lease.**

  (a)   Extended lease offer.

    (1)   A developer must offer extended leases to eligible tenants until at least twenty (20) percent of the units are under extended leases.

    (2)   The tenants eligible for an extended lease include:

      (i)   Low-income senior tenants;

      (ii)   Low-income handicapped tenants;

      (iii)   Senior tenants who are not low-income;

      (iv)   Handicapped tenants who are not low-income; and

      (v)   Low-income tenants who are not senior or handicapped.

    (3)   If the number of eligible tenants exceeds twenty (20) percent of the units, the developer must grant extended leases on the basis of continuous residence within the building:

      (i)   First to senior or handicapped low-income tenants;

      (ii)   Second to senior or handicapped tenants who are not low-income; and

      (iii)   Third to low-income tenants who are not senior or handicapped.

  (b)   Extended lease provisions.

    (1)   The length of an extended lease is:

      (i)   For low-income senior and low-income handicapped tenants, the lifetime of the senior or handicapped tenants who live in the unit when the developer gives notice of tenant rights under section 11C-23; and

      (ii)   For other eligible tenants, three (3) years.

    (2)   A rent increase under an extended lease is limited to:

      (i)   A maximum percentage increase that does not exceed the rent component of the U.S. Consumer Price Index for urban wage earners and clerical workers, U.S. Department of Labor, for the most recent twelve-month period; and

      (ii)   A minimum period of at least twelve (12) months between increases.

    (3)   Other extended lease terms follow those of the lease that was in effect immediately before the tenant received the notice of intent to convert.

  (c)   Later option to purchase unit. A tenant who is eligible for an extended lease may instead exercise the right to purchase a membership under section 11C-17.

  (d)   Tenant option to end extended lease. A tenant may end an extended lease at any time by giving the developer written notice of at least:

    (1)   Thirty (30) days if the remaining lease period is less than one (1) year; or

    (2)   Ninety (90) days if the remaining lease period is more than one (1) year.

  (e)   Developer option to end extended lease. A developer may end an extended lease only after:

    (1)   Sixty (60) days from the death of the last surviving senior or handicapped tenant who lived in the unit; or

    (2)   The tenant fails to pay the rent due or violates a material provision of the lease.

**Sec. 11C-12. Temporary relocation of tenants with extended leases.**

  (a)   Developer right to temporarily relocate. If cooperative conversion requires work that endangers the health or safety of tenants, a developer:

    (1)   Must not begin work until endangered tenants with extended leases have been temporarily relocated; and

    (2)   May temporarily relocate an endangered tenant with an extended lease after one hundred eighty (180) days from filing the notice of intent to convert.

  (b)   Unit available within building. If a comparable unit is available within the same building or complex, a developer must relocate a tenant to that unit:

    (1)   After at least thirty (30) days' written notice; and

    (2)   At rent and other lease provisions at least as favorable to the tenant as under the extended lease.

  (c)   Unit not available within building. If a comparable unit is not available within the same building or complex, the developer may require a tenant to temporarily leave the extended lease unit after:

    (1)   Giving the tenant at least one hundred eighty (180) days' written notice; and

    (2)   Paying the tenant an amount equal to three (3) months' rent under the extended lease.

  (d)   Return to unit.

    (1)   After a developer gives notice that work on a unit has been completed, the developer must allow the tenant to return to the extended lease unit within sixty (60) days.

    (2)   The term of an extended lease begins upon the return of the tenant to the extended lease unit.

  (e)   Moving expenses. Within fifteen (15) days, a developer must pay or reimburse all tenant expenses reasonably incurred in moving from or returning to the unit under an extended lease.

**Sec. 11C-13. Payment instead of extended lease.**

  (a)   Payment required. A developer must pay to a low-income senior or low-income handicapped tenant an amount equal to three (3) months' rent for the unit of the tenant if:

    (1)   The tenant chooses not to accept a lifetime extended lease; or

    (2)   The developer does not offer the tenant a lifetime extended lease because the number of extended lease units exceeds twenty (20) percent of the cooperative units.

  (b)   Payment. A developer must pay a tenant under this section before the following, whichever occurs first:

    (1)   An increase in the rent of the tenant or a change in a material term in the lease; or

    (2)   Thirty (30) days after the developer makes the last extended lease with an eligible tenant.

**Sec. 11C-14. Payment for relocation.**

  (a)   Payment required.

    (1)   If a tenant leaves after receiving notice of tenant rights under section 11C-23, the developer must pay the tenant for relocation under this section in addition to a payment instead of an extended lease under section 11C-13.

    (2)   Under this section, the developer must pay a tenant for relocation whether the tenant leaves voluntarily or at the request of the developer.

  (b)   Amount of payment.

    (1)   If a tenant is low-income, the relocation payment under this section is:

      (i)   Three hundred seventy-five dollars ($375.00), which the developer must pay by the time the tenant leaves the unit; and

      (ii)   Reimbursement for moving expenses in excess of three hundred seventy- five dollars ($375.00) up to seven hundred fifty dollars ($750.00), which the developer must pay within thirty (30) days of receiving a written request from the tenant.

    (2)   If a tenant is not low-income, the relocation payment under this section is reimbursement of moving expenses up to seven hundred fifty dollars ($750.00), which the developer must pay within thirty (30) days of receiving a written request from the tenant.

  (c)   Written request for moving expense. Before a developer must reimburse a tenant for moving expenses under this section, the tenant must give the developer a written request and reasonable evidence for reimbursement within thirty (30) days after moving.

**Sec. 11C-15. Lease terms for tenants who are not under extended leases.**

  (a)   Eviction after tenant given notice to leave. After a developer gives notice of tenant rights under section 11C-23, the developer may give a tenant notice to leave before expiration of one hundred eighty (180) days if the tenant fails to leave the unit by the end of thirty (30) days' notice given to the developer under section 11C-10.

  (b)   Leases that would expire. If a lease expires during the one-hundred-eighty-day period after notice of tenant rights under section 11C-23, a developer must offer that tenant an extended lease term lasting at least until the end of the one-hundred-eighty-day period without changing other provisions of the lease.

**Sec. 11C-16. Transfer of membership for unit under extended lease.**

  (a)   Right to transfer. A developer may transfer a membership for a unit under an extended lease after the developer gives:

    (1)   The tenant with the extended lease notice of the transfer of the membership; and

    (2)   The purchaser of the membership written disclosure that the unit is under an extended lease required under this chapter.

  (b)   Continuation of extended lease. If there is a transfer of a membership for a unit under an extended lease, the extended lease continues regardless of cooperative corporate documents that prohibit or restrict occupancy by a person other than the member.

**Sec. 11C-17. Tenant right to purchase membership.**

  (a)   Offer required. Before a developer makes a subscription agreement for a unit or evicts a tenant to sell a membership for the unit of the tenant, the developer must:

    (1)   Notify the tenant of the price and other material terms of sale in the same manner as this chapter requires for other purchasers; and

    (2)   For at least sixty (60) days, offer the membership for that unit to the tenant.

  (b)   Offer if unit is changed. If a conversion plan significantly changes the dimensions of a unit, the developer must offer the tenant of that unit a membership for a unit of comparable size and location.

**Sec. 11C-18. County and tenant right to purchase rental property.**

  (a)   Definitions. In this section, the following words have the meanings indicated.

    (1)   Rental property.

      (i)   "Rental property" means real property that includes one (1) or more structures or other improvements that are operated as a single entity.

      (ii)   "Rental property" does not include a transient facility such as an apartment hotel, boardinghouse, tourist home, inn, motel, hotel, school dormitory, hospital or medical facility, or a facility operated for religious or charitable purposes.

    (2)   Tenant organization. "Tenant organization" means an association of resident tenants of a rental property that the Department certifies as representing at least 30 percent of the occupied units or 5 units, whichever is greater.

  (b)   Requirements before transfer. Before an owner transfers a rental property or more than 10 units, the owner must:

    (1)   Offer the rental property for sale to the county, its designated housing agency, and a certified tenant organization within the rental property at a fair market price and at material terms that are at least as favorable as those offered to or accepted from a third party purchaser. The owner must continue this offer for at least sixty (60) days from the latest date the offer is received by the county, its designated housing agency, or the tenants of the facility; or

    (2)

      (i)   Notify the Department in writing that the transfer of the rental property is not for the purpose of cooperative conversion; and

      (ii)   Comply with the requirements of either Chapter 11A or 53A.

  (c)   Exercise of right to purchase. An owner must sell the rental property to the County, its designated housing agency, or the tenant organization if the County, agency, or organization:

    (1)   Signs a purchase contract that contains substantially the same price and material terms as the offer of the owner, except for the period by which the parties must settle;

    (2)   Secures financing within one hundred eighty (180) days from the beginning of the sixty-day offer period; and

    (3)   Settles on the contract within one hundred eighty (180) days from the beginning of the sixty-day offer period.

  (d)   Extension of time. The owner and the County, its designated housing agency, or the tenant organization may agree to extend the time for securing financing or settlement without liability to another purchaser.

  (e)   Other contract rights. A purchase contract or the transfer of title for a rental property to a party other than the County, its designated housing agency, or a tenant organization is contingent upon compliance by the owner with this Chapter.

**Sec. 11C-19. Disclosure of rental property information.**

  (a)   Information and access. After an owner makes an offer to sell a rental property under this chapter, within seven (7) days of a request, the owner must give to the county, its designated housing agency, or the tenant organization:

    (1)   The following types of information:

      (i)   Architectural plans and specifications;

      (ii)   Engineering plans and specifications;

      (iii)   Estimates for repairs or capital improvements;

      (iv)   Management and maintenance expense data for the prior two (2) years;

      (v)   Operating budgets;

      (vi)   Rent roll;

      (vii)   Surveys; and

      (viii)   Utility consumption and expense data for the prior two (2) years.

    (2)   Access for inspection of the rental property.

  (b)   Confidentiality. The county, its designated housing agency, or a tenant organization must keep confidential the information that it receives from an owner.

**Sec. 11C-20. Transfers exempt from county or tenant organization right to purchase rental property.**

  Exempt from the county and tenant right to purchase requirements under section 11C-18 is a transfer:

    (1)   That is required under a mortgage or deed or trust;

    (2)   That a mortgage holder requires in order to implement or avoid foreclosure;

    (3)   That a court orders;

    (4)   Of a partial interest in undivided property from one part-owner to another;

    (5)   Of property required under a will or state law to be distributed after death of the owner;

    (6)   To an agency of state or local government;

    (7)   To a spouse, son, or daughter;

    (8)   Made in order to liquidate a partnership or corporation; and

    (9)   To a partnership or corporation wholly owned by the property owner.

**Sec. 11C-21. Owner rights and proof of compliance.**

  (a)   Sale. If the County, its designated housing agency, or a tenant organization does not accept an offer to sell a rental property under this Chapter, an owner may complete a transfer of the rental property to another person at a price and material terms that are no more favorable to the purchaser than those the owner offered to the County, the agency, and the organization.

  (b)   Proof of compliance. Within 10 days after receiving a request by an owner, the Department must certify in writing either that:

    (1)   The owner has complied with this Chapter and may transfer a rental property to a person other than the County, its designated housing agency, or the tenant organization;

    (2)   A transfer of a rental property is exempt from the requirements of this Chapter; or

    (3)   The owner has not complied with this Chapter, and state in reasonable detail the reasons why the Department finds that the owner has not complied.

**Sec. 11C-22. Reserve funds.**

  Each year that a developer is in control of a cooperative, the developer must:

  (a)   Prepare a written budget that includes a reserve fund large enough to pay for deferred maintenance, repairs, and replacement of cooperative property under a reasonable estimate of the useful life of property components; and

  (b)   Contribute to the reserve fund for each membership the developer owns or controls.

**Sec. 11C-23. Notice of tenant and purchaser rights under this chapter.**

  (a)   Notice to tenants. A developer must give each tenant of the property one hundred eighty (180) days' written notice of the intent to convert and a summary of all tenant and purchaser rights, an application for an extended lease, and a copy of an extended lease under this Chapter before the developer:

    (1)   Converts a property to cooperative;

    (2)   Gives a tenant of the property a notice to leave for the purpose of selling a membership; or

    (3)   Makes a subscription agreement.

  (b)   Notice to new tenants. After a developer gives notice under this section and before the developer accepts a new tenant for the property, the developer must give the prospective tenant:

    (1)   Notice that the notice required under this section was given; and

    (2)   Notice of the date on which the initial notice was given.

  (c)   Notice to the Department. At least 10 days before a developer gives the notice under subsection (a), the developer must give to the Department:

    (1)   A copy of the notice; and

    (2)   The name and unit number of each tenant to whom the notice is to be given.

**Sec. 11C-24. Cooperative right to terminate contracts.**

  (a)   Right to terminate. Within three (3) years after the transfer of control of the cooperative from the developer of the members, the cooperative may terminate a contract that:

    (1)   Is executed after the conversion date; or

    (2)   Requires performance, after the latter of:

    (i)   One (1) year after the conversion date; or

    (ii)   The date that control of the cooperative transfers to the members.

  (b)   Notice. Termination is effective when the cooperative delivers written notice of at least thirty (30) days to another party to the contract.

  (c)   Exception. This section does not apply to contracts or grants between the cooperative and a governmental agency or public utility.

**Sec. 11C-25. Enforcement.**

  (a)   Complaint. A person with direct knowledge of a violation of this Chapter may file a written complaint with the Department under Chapter 11.

  (b)   Enforcement authority and procedures. The Department may enforce this Chapter under Chapter 11.

  (c)   Penalties.

    (1)   A person who violates this Chapter is liable for the civil penalties under Chapter 11; and

    (2)   The County may enforce this Chapter under the provisions for a class "A" violation under Sections 1-18 and 1-19 of this Code.

  (d)   Alternative remedy. This Chapter does not limit the rights of a person to seek a remedy that is otherwise available.

**Sec. 11C-26. Regulations.**

  The county executive may adopt regulations to implement this chapter under method (2) of section 2A-15 of this Code.

**Sec. 11C-27. Amendment of bylaws.**

  Notwithstanding any corporation document to the contrary, a cooperative housing corporation may amend its bylaws by a vote of a majority of the members. This section applies to bylaws adopted before or after this section became law.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 12. Courts.

### Article I. In General.

**Sec. 12-1. Court library-Annual levy for maintenance.**

  The county council is hereby authorized to levy and appropriate annually such funds as it may determine, for the maintenance of the circuit court law library at Rockville, in the county.

**Sec. 12-2. Same-Custodian.**

  The senior resident judge of the circuit court of the county shall have full charge of and responsibility for the property of the circuit court law library of the county, and shall report in January of each year to the other county judges of the sixth judicial circuit of the state, the condition of the books and other property of such circuit court law library.

**Sec. 12-3. Jurors, state’s witnesses, criers and bailiffs generally-Levy for expenses.**

  The council shall annually levy such sum of money as it may deem sufficient to pay the expenses which may be incurred the then succeeding year by the attendance of  state’s witnesses, criers and bailiffs of the circuit court.

**Sec. 12-4. Same-Payment of certificate of attendance.**

  It shall be the duty of the director of finance to pay the certificate of attendance of such jurors, state’s witnesses, criers and bailiffs of the circuit court when presented to him for payment, and upon his failure to pay any such certificate when so presented by the person to whom the same was issued, such director of finance shall forfeit and pay to every such person for every such failure, the sum of five dollars ($5.00) to be recovered by the party in his own name as other small debts are recovered before a justice of the peace, together with the costs of suit.

**Sec. 12-5. Same-Compensation allowed by judge in certain cases.**

  The judge presiding at any criminal proceeding may allow any witness attending and testifying at the instance of the state’s attorney or defendant in such proceeding such sum as may be reasonable compensation for the loss which such witness may sustain by such attendance not exceeding ten dollars ($10.00) per diem.

**Sec. 12-6. Same-Authority for payment; certificate from clerk of circuit court.**

  (a)   A certificate signed by the clerk of the circuit court, and expressing the number of days a state’s witness, crier or bailiff may have attended, and the sum due him for such attendance, shall be sufficient authority to the director of finance to pay the amount specified therein.

  (b)   A certificate that is signed by the jury commissioner and states the number of days that each prospective, qualified, or sworn juror has been required to be in attendance at or in proximity to the court, and the sum due, for jury service shall be sufficient authority for the director of finance to pay the amount stated in the certificate.

**Sec. 12-7. Minimum charges allowed auditor; tax as part of cost in suit.**

  The auditor of the circuit court for the county shall be allowed a minimum charge of ten dollars ($10.00) for each and every cause audited and reported to the court, and such additional charge as may be in keeping with proper compensation for services rendered in stating, auditing or settling any such cause or account, and as may be approved by the court upon final ratification thereof.  Such charges shall be taxed as part of the costs of the suit, and paid by such parties as the court shall direct.

**Sec. 12-8. Crier and librarian; salary, etc.**

  The chief judge of the circuit court for Montgomery County is hereby authorized to fix the salaries of the crier of the circuit court and of the librarian of the law library of the circuit court of Montgomery County within the limits of the amounts appropriated therefor; provided, that, in no event, shall the amount of the salary exceed fifteen hundred dollars ($1500.00) per annum for each of these positions.  The salary paid shall be in lieu of any and all other allowances now authorized by law.

  The chief judge is hereby authorized to appoint one (1) person as both crier of the circuit court and as librarian of the law library of the circuit court, if he so desires.

  In case the person appointed as crier of the circuit court is also appointed as librarian of the law library of such court, his salary shall be fixed in accordance with the provisions of this section and, in such an event, his salary for the combined positions shall not exceed a maximum of two thousand four hundred dollars ($2,400.00) per annum.

  The county council is authorized and directed to levy a tax on all assessable property in the county, sufficient for the payment of the salary of salaries of these positions.

§ 7-7; 1908, ch. 31, § 67; 1912, ch. 790, § 168; 1939, ch. 348.)

**Sec. 12-8A. Appellate judges’ secretaries’ salary supplements.**

  Each of the judges of the appellate courts of the state resident in the county is authorized to set a salary supplement for his or her secretary over and above the amount of compensation provided in the state budget.  The amount of the supplement shall be such that when combined with the compensation provided in the state budget the total salary will not exceed the salary for step E in grade 15 in the general salary schedule for employees of the county in effect when the salary supplement is set.  The salary supplement shall be set annually and may be changed by the judge, within the foregoing limits, for year to year, without regard to length of service.  Funds for the payment of the salary supplement may be appropriated annually by the county council.

### Article II. Circuit Court Generally.

**Sec. 12-9. Rules of court; licensing of attorneys.**

  The circuit court for the county is hereby authorized and empowered to make rules of court relating to practice before such court and relating to admission of attorneys to practice before such court, and the circuit court is authorized and empowered to license attorneys to practice before the circuit court for the county and fix a fee for the issuance of such license in an amount not less than twenty-five dollars ($25.00) and not more than two hundred fifty dollars ($250.00), and such license fee shall be paid to the clerk of the circuit court for the county and be disbursed by him for the purchase of law books for the court library as directed by the judges of the circuit court for the county.

  No person shall practice law in the county or appear before any court in the county until he or she shall have first complied with the rules of practice established by the circuit court for the county and until he or she has procured a license for the same whenever so required.

**Sec. 12-10. Pension of judges and spouses of deceased judges.**

  (a)   The county council for Montgomery County is authorized to pay to any elected judge of the circuit court for the sixth judicial circuit resident in Montgomery County whose active service is or has been terminated and who is or hereafter becomes entitled to a pension from the State of Maryland under the provisions of any act of the general assembly of Maryland, in addition to any such pension by the state, a pension to be paid by the county.  Such pension shall be calculated at one (1) percent of the net supplementation made by Montgomery County, Maryland, to the salaries of the circuit court judges of such county as of May 31, 1968, and such percentage will be multiplied by the number of years or part of a year of active service, by appointment as well as election, up to a maximum number of twenty (20) years.

  (b)   The county council is authorized to pay and will pay to any elected former judge of the circuit court for Montgomery County, Maryland, who has served at least twenty (20) years of active service as a judge of the State of Maryland, and who has retired and to any judge of the Court of Special Appeals of Maryland who has served as a judge of the circuit court for Montgomery County, Maryland, in addition to any pension by the state, a pension calculated at one (1) percent of the net supplementation made by Montgomery County, Maryland, to the salaries of the circuit court judges of such county as of May 31, 1968, multiplied by the number of years of active serice as a judge of the State of Maryland up to a maximum number of twenty (20) years.

  (c)   No appropriation for pension of judges shall be paid except in accordance with the provisions of this section.  Any former judge not engaged in the active practice of law shall be paid the pension authorized under this section.  Any former judge engaged in the active practice of law shall be paid two-thirds of the pension authorized under this section.

  (d)   The spouse of every judge eligible for a pension under this section who dies in active service shall be paid one-half of the pension to which such judge would have been entitled under this section on the date of death as if such judge had terminated his active service on such date. The spouse of every judge deceased after termination of active service shall be paid one-half of the pension which such judge was receiving at the date of his death; or one-half of the pension to which such judge was entitled on the date of his death if he had not been engaged in the active practice of law whichever is the greater.  In order to be entitled to the pension provided by this section, a spouse of a judge who dies during active service shall have been married to such judge for a period of not less than three (3) years prior to such judge’s death, and, in the case of a judge not in active service, not less than three (3) years prior to the date of termination of active service.  A spouse who is entitled to a pension under the provisions of this section shall be paid for the period of his or her life unless such spouse remarries, in which event the pension is to cease and terminate.

  (e)   The county council is hereby authorized to levy upon the assessable property of the county a tax sufficient to pay the pensions provided for in this section.

**Sec. 12-11. Inspection of records; new record book; indexes; preparation and payment.**

  It shall be the duty of the judges of the circuit court for the county at every term to inspect the records, indexes and papers of the office attached to such court relating to lands, tenements or other real estate, and examine the condition thereof and see whether the clerk of such court has performed the duties required of him by law, relating to the recording of judgments, decrees, proceedings and executions, and whether he has entered an transcribed the docket entries as required by law.  If it should appear on such examination that any of the records or indexes have become so dilapidated and worn as to require them to be transcribed, they shall order and direct the clerk to transcribe the same into new record or index books, which the clerk shall procure for that purpose.  Such new records and indexes, when so transcribed, shall be carefully examined and certified by such clerk, and when so examined and certified shall be substituted for and become the records and indexes of such court in lieu of the worn-out records and indexes. The council shall annually levy by estimate in advance a sum of money sufficient to provide a fair compensation for the labor of the clerk in making such new records and indexes; and shall pay to such clerk at the end of each calendar month such sum of moneys as may be found due to the clerk for services rendered under the provisions of this section.

**Sec. 12-12. Court reporters-Appointment; oath; salary.**

  The judges of the circuit court for the county are hereby authorized to appoint two (2) court reports, who shall be sworn officers of such court. The salary of such reporters shall be fixed by order of the judges of such court within the limits of amounts appropriated therefor, and shall be paid by the county.

**Sec. 12-13. Same-Qualification; term; duties; authority to hold position as "examiner in chancery."**

  The reporters so appointed shall be skilled in the practice of their art and shall hold their positions during the pleasure of the judges of such court.  It shall be their duty to perform such stenographic and typing work, connected with the business of such court, at law and in equity, as they may be directed to perform by the judges of such court. Section 12-12 and this section shall not be construed as preventing the same person from holding the positions of "court reporter" and "examiner in chancery" at the same time.

**Sec. 12-14. Judges’ secretaries.**

  Each of the judges of the sixth judicial circuit resident in Montgomery County is hereby authorized to appoint a competent secretary who shall have had some previous experience in secretarial work, involving duties that demonstrate the ability to take rapid dictation, typing and to exercise independent judgment.  Each of said secretaries shall hold his or her position at the pleasure of the judge by whom he or she is appointed and shall receive compensation therefor in the following manner:

  The judge who appoints his or her secretary shall fix such secretary’s salary in the discretion of such judge between step A in grade 12 and step E in grade 15 in the pay schedule for employees of Montgomery County in force at the time such salary is fixed. The salary shall be fixed annually and may be changed, within such limits, from year to year by such judge, without regard to length of service. The compensation for such salaries shall be levied annually by the County Council of Montgomery County and shall be paid as are the salaries of other county employees.

### Article III. Clerk of Circuit Court.

**Sec. 12-15. Index of judgments; information to be shown.**

  The clerk of the circuit court of the county shall make a full and general alphabetical index, after the method known as the Campbell System, in a book well bound for that purpose, of all judgments recovered in such court, which index shall be indexed in the name of each defendant in such judgments, and shall also show the plaintiff, the amount of the judgment, the date at which it was obtained, and from which it bears interest, the term of the court at which it was rendered, the number of the case on the term docket; and if the records of such court show that the same has been satisfied, made, or in any way discharged, the index shall set forth the fact, and the clerk shall be allowed the usual fees therefor, to be taxed to the plaintiff. Such clerk shall also keep an index of all judgments rendered by a justice of the peace, which shall be recorded in this office, and have become liens on real estate.

**Sec. 12-16. General equity index.**

  The clerk of the circuit court for the county is hereby directed to make, or cause to be made, a general index of all causes appearing upon the equity docket of such court, beginning with the earliest of such docket, the general index to be made upon the same plan, and in similar books, as now used in his office for general indexes of the land records; in which index he shall place the name of every party to each cause, and where the suit is for the sale of lands of any person deceased or otherwise, the name of such owner shall also appear in its proper place in such general index. The clerk shall enter, in connection with the name of each person, the number or year of the docket, and the number of the case thereon in which such person is a party or in which his property is involved, and where the papers in any cause have been recorded, the book and page of such record.

**Sec. 12-17. Other general indexes.**

  The clerk of the circuit court for the county is hereby authorized to make or cause to be made a general index of the land, mortgage, equity, judgment, magistrate judgment and plat records of the county, or such portion of them as may be necessary, according to an approved modern system.

**Sec. 12-18. Authority to change system of indexing; exception as to land records; cost of work.**

  The clerk of the circuit court for the county is hereby authorized and directed to change the system of indexing the records of his office, excepting the land records, and to index, or cause to be indexed or reindexed, according to some modern and accurate system, all of such records now on file in his office, except land records as aforesaid, and from time to time, to continue such system of indexing with regard to the current volume of work resulting from the usual course of business of his office. For this purpose the clerk of the circuit court of the county is hereby authorized to contract for the work of compiling such indexes, and for the installation of such modern system of indexing, and the verification of such indexes when made, and to purchase all books, racks, shelves and other equipment necessary for the purpose, and from time to time thereafter to purchase the necessary books, racks, shelves and other supplies and equipment to provide for the continuation of such indexing of the records resulting from the current volume of business of his office. The total cost of the work of indexing such records as aforesaid, and the cost of the necessary books, racks, shelves, supplies and equipment therefor, and the additions thereto made necessary from time to time by the current business of his office shall be paid out of the excess fees of the office of the clerk of the court.

**Sec. 12-19. Reindexing land records beginning with 1953.**

  The clerk of the circuit court for Montgomery County is hereby authorized and directed to cause the entries in the set of index books now installed in such clerk’s office, relating to the land records of the county, beginning with the year 1953 and ending when a new current series is installed, to be reclassified, regrouped by surname and reindexed according to the system now installed, so as to facilitate the examination of such indexes and the work of making accurate entries therein.  For this purpose the clerk of the circuit court for the county is hereby authorized to contract for the work of reclassifying, regrouping and reindexing such indexes to the land records, and he is hereby authorized to purchase all books, racks, shelves, supplies and equipment necessary to accomplish such purpose, and thereafter, from time to time to purchase the books, supplies and equipment necessary to keep the land record index currently up to date. The total cost of such reclassification of such land record indexes, and the cost of the necessary books, racks, shelves, supplies and equipment therefor shall be paid out of the excess fees of the office of the clerk of the circuit court for the county.

**Sec. 12-20. Recordation of racial, etc., restrictive covenants.**

  All certified copies of instruments affecting title to every interest in land, recorded in the office of the clerk of the circuit court for the county, prepared by the clerk shall have the following certificate affixed thereto:

NOTICE

Any restrictive covenant which purports to restrict or affect, on the basis of race, color, religious creed or national origin, the title, occupancy or transfer of land, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, is declared to be null, void and of no effect, and contrary to the public policy of this state, as well as contrary to the Constitution and Laws of the United States.  Chapter 324, Laws of Maryland 1971.*

### Article IV. Clerk to Grand Jury.

**Sec. 12-21. Appointment; duties.**

  Whenever required by the state’s attorney the court reporter ordered to take and transcribe grand jury testimony shall take and transcribe the testimony given at the coroner’s inquest, and all of such testimony so taken and transcribed shall be for the exclusive use and benefit of the grand jury and the state’s attorney of such county, unless otherwise ordered by the court.

**Sec. 12-22. Reserved.**

**Sec. 12-23. Reserved.**

**Sec. 12-24. Reserved.**

### Article V. Bail Bonds.

**Sec. 12-26. Payments to attorneys, etc., for procuring business prohibited.**

  It shall be unlawful for any person engaged either as principal or as the clerk, agent or representative of a corporation, or another person in the business of becoming surety upon bonds for compensation in the county, either directly or indirectly, to give, donate, lend, contribute, or to promise to give, donate, loan or contribute any money, property, entertainment or other thing of value whatsoever to any attorney at law, police officer, sheriff, jailer, probation officer, clerk or other attache of a criminal court, or public official of any character, for procuring or assisting in procuring, any person to employ such bondsman to execute as surety any bond for compensation in any criminal case in the county. It shall be unlawful for any attorney at law, police officer, sheriff, jailer, probation officer, clerk, bailiff or other attache of a criminal court or public official of any character, to accept or receive from any such person engaged in the bonding business any money, property, entertainment or other thing of value whatsoever for procuring or assisting in procuring any person to employ any bondsman to execute as surety any bond for compensation in any criminal case in the county.

**Sec. 12-27. Attorneys prohibited from paying bondsmen for procuring persons to employ them, etc.**

  It shall be unlawful for any attorney at law, either directly or indirectly, to give, loan, donate, contribute, or to promise to give, loan, donate or contribute any money, property, entertainment or other thing of value whatsoever to, or to split or divide any fee or commission with, any bondsman, the agent, clerk or representative of any bondsman, police officer, sheriff, probation officer, assistant probation officer, bailiff, clerk or other attache of any criminal court for causing or procuring or assisting in causing or procuring any person to employ such attorney to represent him in any criminal case in the county.

**Sec. 12-28. Charges other than regular fees prohibited; performing other services prohibited.**

  It shall be lawful to charge for executing any bond in a criminal case in the county, and it shall be unlawful for any person engaged in the bonding business, either as principal, or clerk, agent, or representative of another, either directly or indirectly, to charge, accept, or receive any sum of money, or other thing of value, other than the regular fee for bonding, from any person for whom he has executed bond for any other service whatever performed in connection with any indictment, information or charge upon which such person is bailed or held in the county. It also shall be unlawful for any person engaged either as principal or as agent, clerk or representative of another in the bonding business, to settle or attempt to settle, procure or attempt to procure the dismissal of any indictment, information or charge against any person in custody or held upon bond in the county, with any court, or with the prosecuting attorney in any court in the county.

**Sec. 12-29. List of authorized bondsmen to be posted; list to be furnished persons detained; records, etc.**

  A typewritten or printed list alphabetically arranged of all persons engaged under the authority of the circuit court for the county in the business of becoming surety upon bonds for compensation in criminal cases shall be posted in a conspicuous place in each police precinct, jail, prisoner’s dock, house of detention, and every other place in such county in which persons in custody of the law are detained, and one (1) or more copies thereof kept on hand. When any person who is detained in custody in any such place of detention shall request any person in charge thereof to furnish him the name of a bondsman, or to put him in communication with a bondsman, such list shall be furnished to the person so requesting, without recommendation. It shall be the duty of the person in charge of such place of detention within a reasonable time to put the person so detained in communication with the bondsman so elected, and the person in charge of such place of detention shall contemporaneously with the transaction make in the blotter or book of record kept in any such place of detention, a record showing the name of the person requesting the bondsman, the offense with which the person is charged, the time at which the request was made, the bondsman requested and the person by whom such bondsman was called, and preserve the same as a permanent record in the book or blotter in which entered.

**Sec. 12-30. Reports required; circuit court to regulate bonding business.**

  All persons engaged in the business of becoming surety upon bonds for compensation in criminal cases shall on June 30, 1945 and on June 30 of each succeeding year, submit a report, under oath, to the circuit court for the county showing the total amount of bonds outstanding together with total assets. The making of a false statement in the annual financial report shall constitute a violation of this chapter. The circuit court for the county shall pass rules and regulations governing the operation of such business and may, upon consideration of the financial responsibility of the persons required to make a report, prohibit any person from further engaging in such business in the county.

**Sec. 12-31. Copy of bond required to be mailed to state’s attorney.**

  Every person who becomes surety upon bonds for compensation in criminal cases shall, within twenty-four (24) hours after becoming surety, mail a copy of the surety bond to the office of the state’s attorney for the county.

**Sec. 12-32. Central bail bond clerk.**

  (a)   The clerk of the circuit court for Montgomery County shall appoint a clerk to serve as central bail bond clerk for the circuit court and district court for Montgomery County.  The central bail bond clerk shall serve at the pleasure of the clerk of the circuit court of Montgomery County and shall be paid such compensation as provided for in said clerk’s budget.  The duties of the central bail bond clerk shall include those set forth in this article, and such additional duties as assigned by the clerk of the circuit court or by the administrative judges of the said courts.  The bail bond clerk shall give bond for the faithful performance of his duties in the amount of one hundred thousand dollars ($100,000.00).

  (b)   The central bail bond clerk shall maintain all bond agreements and shall be responsible for the funds deposited with the court attendant to such bond agreements.  Bail bond agreements and depository funds attendant thereto shall be transmitted to the central bail bond clerk by the judges and clerks of the Montgomery County circuit courts and judges, clerks and commissioners of the Montgomery County district courts. The central bail bond clerk shall keep separate indexes and record books; one (1) for the bonds posted at the district court level and one (1) for the bonds posted at the circuit court level. The central bail bond clerk shall refund all monies upon the satisfaction of the conditions of a bond. The central bail bond clerk shall report periodically to the circuit court and to the district court the status of all outstanding bonds and the bond liabilities of all persons engaged in the business of being surety upon bonds for compensation as set forth in this article.

**Sec. 12-33. Release of defendant on personal recognizance; deposit of percentage of cash surety required; forfeiture of bond.**

  (a)   A judge of the circuit court, a judge of the district court or a commissioner of the district court, may, unless otherwise prohibited by law or rule of court in any criminal or motor vehicle violation, release the defendant on his person recognizance.

  (b)   In all criminal or motor vehicle violations for which bond has been set, it may be complied with by a defendant or by a private surety acting in his behalf, by the execution of a bond in the face amount thereof and depositing with the clerk of the court or the committing magistrate a sum of money equal to ten (10) percent of the penalty of the bond. A judge or commissioner may increase the percentage of cash surety required in a particular case up to one hundred (100) percent, but in no event shall a cash deposit be less than twenty-five dollars ($25.00). This provision permitting the posting of a percentage of the cash surety required does not apply if the defendant has been arrested for failure to appear in court or for contempt of court. Upon depositing the sum and executing the bond, the person shall be released from custody, subject to the conditions of the said bond. When all conditions of the bond have been performed without default and the defendant has been released from custody in the cause for which the bond was posted, the central bail bond clerk shall return the amount deposited to the person entitled thereto. If the defendant fails to perform any or all of the conditions of the bail bond, it shall be forfeited; and in the event of forfeiture, the liability of the bond shall extend to the full amount of the penalty of the bond set and the amount previously posted as a deposit shall be applied to reduce the liability incurred by the forfeiture.

**Sec. 12-34. Property bonds; right of person to be own recognizance.**

  (a)   Any person who owns real estate in Montgomery County may post a property bond. Before the clerk of the circuit court or his deputy or the administrative clerk of the district court or his deputy shall approve or accept such bond, a search of the records of the circuit court, including liens and judgments pertaining to the realty to be offered as security, shall be made by the central bail bond clerk or his designee. Reasonable court costs may be assessed for such search to be paid by the person offering the security. In the absence of negligence or willful dereliction, no clerk or deputy shall be personally liable for any loss sustained upon forfeiture of a property bond. Once the property bond has been posted, the central bail bond clerk shall record the amount of the bond as a lien against the real estate of the person offering the security in Montgomery County.

  (b)   Nothing in this article shall affect the right of any person to be his own recognizance upon the posting of proper security.

**Sec. 12-34A. Clerks of court authorized to take bond; judge or commissioner to fix amount of bond.**

  The clerk of the circuit court for Montgomery County or the administrative clerk of the district court for Montgomery County shall have the power at any time to take bond when authorized by such court, whether the court is in session or not, but in all court cases before bail or bond is taken by the said clerks, a judge or commissioner shall fix the amount thereof.

**Sec. 12-35. Bond to guarantee appearance of defendant at all stages of proceedings.**

  In all criminal or motor vehicle violations in Montgomery County, all bonds shall be executed so as to guarantee the appearance of the defendant at all stages of the proceeding in the district court and the circuit court.

**Sec. 12-35A. Increase or reduction in amount of bond.**

  Once a judge of the circuit court or a judge of the district court has set a bond, no judge shall increase the bond without good cause being shown to warrant said increase upon a motion of the state’s attorney of Montgomery County. Nothing contained herein shall limit the power of a judge of the circuit court or a judge of the district court at any stage of the proceedings to reduce the amount of said bond.

**Sec. 12-35B. Maximum amount of premium.**

  The premium or compensation for becoming a surety on a bond shall not exceed five (5) percent of the amount of such bond where the offense charged is a misdemeanor.  The premium or compensation for becoming a surety on a bond shall not exceed eight (8) percent of the amount of such bond where the offense charged is a felony.

**Sec. 12-35C. Copies of bonds to be forwarded to central bail bond clerk; persons arrested to be taken before judge or commissioner as soon as possible; indexed record to be kept.**

  (a)   Any judge of the circuit court or judge of the district court, or commissioner of the district court or sheriff, deputy sheriff or clerk of any court of Montgomery County receiving or accepting bonds shall forward, within twenty-four (24) hours, copies of all bonds of those persons arrested in Montgomery County to the central bail bond clerk.

  (b)   Those persons who are arrested in Montgomery County for a criminal offense for which the setting of bond is required by law shall be taken as soon as possible before a judge of the circuit court or a judge of the district court or a commissioner of the district court in order that bond may be set.

  (c)   The central bail bond clerk shall keep a properly indexed record of each defendant for whom a bail bond is received and accepted as aforesaid, the number of the case, indictment, information or warrant, the crime or crimes charged, the amount and type bond and any forfeiture thereof; and it shall be the duty of said central bail bond clerk to enter on writs and process directed to him, affecting a defendant for whom a bail bond has been received and accepted as aforesaid, whether or not the bond of the defendant is in full force and effect or has been forfeited.

### Article VI. Commission of Juvenile Justice.

**Sec. 12-36. Commission on juvenile justice; composition; appointment; terms; vacancy.**

  (a)   The Commission on Juvenile Justice consists of the following 3 classes of members:

    (1)   22 voting members appointed by the County Executive, subject to confirmation by the County Council;

    (2)   12 voting members, representing each of the following: the Council, the Executive, the State’s Attorney, the Family Division of the Circuit Court, the Police Department, the state Department of Juvenile Justice, the County Office of the Public Defender, the Court Appointed Special Advocate, the Department of Health and Human Services (2 members, one representing child welfare services and one representing community-based services for at-risk youth), the Board of Education, and the Montgomery County Collaboration Council for Children, Youth and Families, in each case appointed by the Executive, subject to confirmation by the Council, after receiving a recommendation from the person or office to be represented; and

    (3)   nonvoting members emeritus who are past members who have given outstanding service and possess special expertise in juvenile matters. Members emeritus may be appointed by the Executive, subject to confirmation by the Council.

  (b)   The term of each member is 3 years.  Members serving in an emeritus, representative or ex officio capacity continue to serve so long as they retain that capacity.

  (c)   When a vacancy occurs among the members, the Executive must promptly appoint a successor, subject to confirmation by the Council, to complete the unexpired term of the vacating member. A member appointed to fill a vacancy is eligible for only one subsequent full term; but if the appointment occurs during the last year of the vacant member's term, the new member may serve 2 full terms.

**Sec. 12-37. Officers; subcommittees.**

  (a)   The Commission must elect annually from among its voting members a chair, vice-chair, secretary-treasurer and other officers as it deems appropriate. No person may hold the same office for more than 2 consecutive years.

  (b)   The Commission may create subcommittees, which may include persons who are not members of the Commission. The chair of each subcommittee must be a voting member of the Commission.

**Sec. 12-38. Meetings; notice; quorum.**

  The Commission meets in public session on call by the chair at least 8 times a year, and at such additional times as required to perform its duties. At least one meeting must be held in 2 separate months in each calendar quarter, and at least one meeting must be held within 60 days of the last meeting. A special meeting must be convened at the request of two-thirds of the voting members. Reasonable notice must be given to members and the general public of all meetings. One-third of the voting members is a quorum for the transaction of business.

**Sec. 12-39. Reports.**

  (a)   Minutes. The Commission must keep minutes of each meeting and provide copies to the Executive, Council, and all members of the Commission.

  (b)   Annual report. By October 31 of each year, the Commission must prepare an annual report for the Circuit Court, Council, and Executive, including its:

    (1)   activities, accomplishments, problem areas, and recommendations;

    (2)   goals and objectives for the next calendar year; and

    (3)   evaluation of programs and services for juveniles provided or funded by the County, the state Department of Juvenile Justice, and the federal government.

  (c)   Workplan.  By June 30 of each year, the Commission must prepare and submit to the Council, Executive, and Circuit Court Administrative Judge a workplan for the next fiscal year.  The Commission may amend the workplan at any time during the fiscal year.  The workplan should describe how the Commission will monitor and evaluate the programs under its jurisdiction.

**Sec. 12-40. Reserved.**

**Sec. 12-41. Functions.**

  The Commission must:

  (a)   Advise the Circuit Court, Council, and Executive on the needs and requirements of juveniles under the Court’s jurisdiction.

  (b)   Inform state legislators of juvenile needs and requirements.

  (c)   Study and submit recommendations, procedures, programs, or legislation concerning juvenile affairs, prevention and control of juvenile delinquency, and neglect or abuse, in order to promote the general welfare of juveniles under the Court's jurisdiction.

  (d)   Study and make recommendations to the Executive and Council on those segments of the County budget that affect juvenile justice programs.

  (e)   Make periodic visits to facilities in the state servicing county juveniles.

  (f)   Promote understanding and knowledge in the community regarding juvenile needs and programs.

  (g)   Independently evaluate, in coordination with other advisory bodies such as the Collaboration Council for Children, Youth, and Families and the Criminal Justice Coordinating Commission, programs and services provided or funded by the state Department of Juvenile Justice for County youth.  The evaluation should include intake, assessment, informal adjustments, probation, aftercare, shelter care, detention, and residential treatment programs.  The evaluation should address whether capacity in these areas is adequate to serve the County and assess the effectiveness of these programs and services.  If sufficient information on the effectiveness of any program is not available, the Commission should note that fact.

  (h)   Independently evaluate County-funded juvenile justice programs and services, including those from the Police Department, the State’s Attorney, and the Department of Health and Human Services.  The evaluation should address whether capacity in these areas is adequate and assess the effectiveness of these programs and services.  If sufficient information on the effectiveness of any program is not available, the Commission should note that fact.

**Sec. 12-42. Staff support.**

  The Department of Health and Human Services must provide reasonable professional and administrative support to the Commission to facilitate the Commission's work.

**Sec. 12-43. Bylaws.**

  The Commission may adopt bylaws and rules of procedure not inconsistent with the County Charter or law.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 13. Detention Centers and Rehabilitation Facilities.

### Article I. In General.

**Sec. 13-1. Powers and duties generally of director of department of correction and rehabilitation.**

  (a)   The director of the department of correction and rehabilitation, thereafter in this chapter referred to as the director, shall recommend to the county executive who may adopt under method (2) of section 2A-15 of this Code, all regulations of the county which pertain to the administration and operation of the department of correction and rehabilitation, not inconsistent with law, necessary to exercise the responsibilities and duties of the position.

  (b)   The director or designee may in cases of emergency (fire, flood or other disaster) order the evacuation of inmates from the detention center even when such evacuation may increase the opportunity to escape; provided, that such evacuation is initiated to prevent death or serious injury to inmates.

  (c)    The director is empowered to authorize the staff at the detention center to use deadly force in accordance with the departmental standard operating procedures.

  (d)   The director shall be responsible for the safekeeping, care and custody of all inmates from the time they are lawfully committed to the department of correction and rehabilitation until they are lawfully discharged, released or withdrawn therefrom.

  (e)   The director or designee shall have the authority to transfer custody of inmates to authorized personnel for transportation to courts, hospitals, physicians for medical consultations, dentists for dental care, police stations and other locations necessary for appointments for the health, safety and protection of the inmate and community.

  (f)   The director or designee shall have the authority to designate staff members to escort selected inmates outside the detention center for employment interviews, and for participation in departmental presentations to community groups on incarceration and crime.

  (g)   The director or designee shall have the authority to place an inmate sentenced to the department on compassionate leave expressly for the purpose of visiting a member of his/her immediate family who is seriously ill or for attending the funeral of a member of his/her immediate family for a period not to exceed seventy-two (72) hours.

**Sec. 13-2. Inmates-Work-Generally.**

  (a)   In any sentence of confinement to the department of correction and rehabilitation, by the circuit or district court having criminal jurisdiction, any inmate, unless excused by the court, shall be subject to perform work during the period of imprisonment; (1) in the county detention and correctional facilities or (2) in the community in the event of disasters or emergencies or (3) on the public roads or other property of the county as may be required by the county department administrators.

  (b)   The work to be performed by such inmate during a disaster or emergency may include every service necessary for the purpose of draining, grading, paving, repairing or maintaining such public streets or other public property or protecting life and property.

**Sec. 13-3. Housekeeping duties.**

  Inmates may be directed to perform housekeeping duties inside the quarters of the correctional facilities.

**Sec. 13-4. Supervision.**

  (a)   The work provided for in section 13-2 shall be assigned at the discretion of the director.

  (b)   The work in the community during a disaster or emergency or in the public roads or other property of the county shall be performed under the direction of the chief administrative officer (CAO). The CAO may authorize appropriate county or state officials to supervise the work of inmates. The director, upon the request of the chief administrative officer or designee, is hereby authorized to release such inmate to the designated official. The inmate will be paid at the rate specified in section 13-7 for work performed.

**Sec. 13-5. Custody; safekeeping; refusal to perform work.**

  The official supervising the inmate shall have the authority to compel such work as set out in this chapter and shall be responsible for the safekeeping and return to the detention center of such inmate to the custody of the director or designee at the end of each day's work. The day's work shall be within the discretion of the official so supervising at the time, but shall not exceed eight (8) hours. Any sentenced inmate who refuses to perform the work required shall be subject to disciplinary action or the loss of accrued good conduct time. No inmate shall be compelled to perform such work whose health is not in a condition to allow the same. The certificate of the physician from the department of correction and rehabilitation or other physician shall be sufficient to excuse such labor.

**Sec. 13-6. Aiding or permitting escape.**

  If any officer or other person supervising any inmate connives or, by willful neglect, permits the escape of any inmate, he or she shall be charged with a misdemeanor and, upon indictment and conviction of such offense, shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or shall be confined in the county detention center for not less than thirty (30) days nor more than six (6) months, and be subject to the same penalty of work, or both, in the discretion of the court.

**Sec. 13-7. Payment for work and program participation.**

  The director of finance is authorized to pay each inmate who is assigned to work at an essential job or to participate in a program specified by the director at the rate of one dollar ($1.00) per day, or such higher rate as may be established in executive regulations adopted by the county executive under method (3) of section 2A-15 of this Code, for the actual days worked or for the actual days of successful participation in a program. The director or designee will maintain a list of essential inmate work positions and will specify the programs for which inmates will be paid. Such payment shall not be made for required housekeeping duties performed within an inmate's quarters or confinement area.

**Sec. 13-8. Diminution of sentence.**

  An inmate sentenced or held in a pre-trial or pre-sentence status is entitled to a diminution of the period of confinement as specified by Section 3-101 of the Correrctional Services Article of the Maryland Code.

**Sec. 13-9. Medical care.**

  Each inmate shall be given a medical examination and shall be provided access to daily medical or sick call facilities. The medical examination shall be administered to the inmate by a medical doctor or a nurse practitioner and/or a licensed physician's assistant under the direction of a medical doctor within fourteen (14) days after admission and shall include, as determined to be necessary by the physician, but not be limited to the following areas: Heart and lungs; abdominal palpation; description of obvious wounds; complete blood count; X-ray, chest, skull and others as indicated; tuberculin skin test; urinalysis, including examination for drug use; vision and hearing and any other necessary tests as may be determined by the doctor. In addition to the foregoing, a medical history shall also be taken from the inmate which may include information relating to family, education and employment, which in the discretion of the examining physician shall be determined necessary.

**Sec. 13-10. Destruction of property of correctional facilities or property of another.**

  (a)   Any person or inmate who shall willfully and maliciously destroy, injure, deface or molest any real or personal property of another or of the county in the county correctional centers or on the grounds of such centers, shall be charged with a misdemeanor and, upon conviction thereof, shall be subject to making restitution for such property, to imprisonment for a period of not more than six (6) months, or to a fine of not more than one thousand dollars ($1,000.00), or to restitution, fine and imprisonment, at the discretion of the court.

  (b)   Any person or inmate who shall willfully and maliciously destroy, injure, deface or molest any real or personal property of the county shall be charged with an institutional offense and, upon being found guilty through adjustment procedures established by the director, shall be responsible for reimbursement at a pro-rated cost for destroyed, injured, defaced or molested real or personal property of the county.

**Sec. 13-10A. Collection of fees from weekend prisoners.**

  (a)   The County Executive may adopt a regulation under method (1) to establish standard procedures for the collection from a weekend prisoner of a reasonable fee in an amount that does not exceed the average cost of providing food, lodging, and clothing for an

inmate. The regulation may provide that the amount of the fee may be revised by regulation under method (3).

  (b)   A weekend prisoner means an inmate sentenced to confinement to the Department of Correction and Rehabilitation for 48 hours or less per week.

  (c)   As provided in state law, the regulation must set a maximum fee and a sliding scale of lower fees based on the income available to the prisoner.

  (d)   The regulation must include:

    (1)   the cost elements to be used in calculating the amount of the maximum fee;

    (2)   the process and timing for revising the amount of the fee;

    (3)   the factors to be considered in allowing fee reductions because of inability to pay the maximum fee; and

    (4)   the procedure to collect the fee from each weekend prisoner.

### Article II. Work Release/Pre-Release Programs.

**Sec. 13-11. Established.**

    The Department of Correction and Rehabilitation must operate a work release/pre-release program as authorized by Section 11-717 of the Correctional Services Article of the Maryland Code.  In this program, an inmate detained or sentenced to the Department of Correction and Rehabilitation, Maryland Department of Public Safety and Correctional Services, or Federal Bureau of Prisons may be allowed to leave the Pre-Release Center as approved by the Program Administrator to seek or work at gainful employment or attend a training program.  The inmate may also participate in other rehabilitation activities, including:

  (a)   intensive counseling;

  (b)   academic education;

  (c)    home visitation;

  (d)   transitional phased release, including non-residential services; and

  (e)   maximum use of other community resources or other similar rehabilitative activities as approved by the Program Administrator.

  Whenever the inmate is not employed or otherwise participating in the Program, the inmate must be confined in the Pre-Release Center. However, an inmate who participates in non-residential transitional phased release must live in a private dwelling approved by the Program Administrator, under the supervision of Division staff, and must be monitored electronically.

**Sec. 13-12. Purpose.**

  The purpose of the Program is to increase community safety and reduce crime by providing inmates with an opportunity to:

  (a)   participate in employment, education, or training;

  (b)   contribute to family support;

  (c)   accumulate savings for use upon release, making restitution, or payment of legitimate debts;

  (d)   participate in the Program's counseling services, social awareness, and educational programs;

  (e)   participate in other community services and activities, such as:

    (i)   a specialized alcohol treatment service;

    (ii)   a drug rehabilitation program;

    (iii)   private psychotherapy;

    (iv)   a community adult education program;

    (v)   a college course; and

    (vi)   a supervised community recreational event;

  (f)   acquire self-respect that flows from self-support and personal accomplishment;

  (g)   participate in a transitional phased release experience intended to lead to increased personal responsibility;

  (h)   provide federal and state officials with information to assist in determining the inmate’s suitability for parole;

  (i)   obtain suitable housing before release; and

  (j)   become a contributing member of society.

**Sec. 13-13. Definitions.**

  Unless the context indicates otherwise, in this Article, the following words and phrases have the following meanings:

  Department: The Department of Correction and Rehabilitation.

  Director: The Director of the Department of Correction and Rehabilitation, or the Director’s designee.

  Division: The Pre-Release and Reentry Services Division of the Department of Correction and Rehabilitation, which includes the Pre-Release Center facility and Home Confinement services.

  Home Confinement services: A non-residential service in the work release/pre-release program designed to provide a transition from custody to release from custody.  In this program, an inmate:

  (a)   lives in a private dwelling approved by the Program Administrator;

  (b)   is supervised by an electronic monitoring device and Division staff;

  (c)   is employed or attends school; and

  (d)   has family or sponsor involvement in home-based counseling.

  Inmate: A person in the custody of the Department of Correction and Rehabilitation, Maryland Department of Public Safety and Correctional Services, or Federal Bureau of Prisons.

  Pre-Release Center: A County-operated facility used to implement the work release/pre-release program.

  Program Administrator: The Chief of the Pre-Release and Reentry Services Division, or the Chief’s designee.

  Work release/pre-release program or Program: A pre-release treatment and reentry program intended to equip selected inmates to function successfully upon release from custody. The Program offers residential and non-residential reentry services.

**Sec. 13-14. Eligibility.**

  The Program Administrator must evaluate an inmate’s eligibility to participate in the Program based on the following standards.

  (a)   The inmate must voluntarily apply to the Program.

  (b)   The inmate must be within 12 months from release or a parole hearing.

  (c)   The inmate must be physically and mentally capable of performing the proposed assignments.

  (d)   An inmate who is an escape risk, as determined by the Program Administrator, is not eligible to participate in the Program.

  (e)   An inmate who has a pending criminal charge or a detainer for a criminal charge from another jurisdiction is not eligible to participate in the Program.  However, the Program Administrator may allow an inmate with a pending criminal charge or a detainer for a criminal charge to participate in the Program if the Program Administrator finds that the resolution of the pending charge is not likely to interfere with the inmate’s continued participation in the Program.

  (f)   An inmate who has been removed from the Program within the previous 24 months is not eligible to participate in the Program.  However, the Program Administrator may waive this standard for eligibility if:

    (i)   the purpose and effective operation of the Program will not be jeopardized; and

    (ii)   the best interest of the inmate, the inmate’s family, and the public will be served.

  (g)   If an inmate’s proposed employment involves handling any alcoholic beverage, drug, narcotic, firearm, ammunition, or explosive, the Program Administrator may exclude the inmate from participating in the Program if the Program Administrator decides that the employment is likely to jeopardize the inmate's safety or the safety of others.

  (h)   Division staff must evaluate and screen an inmate based on the criteria identified in Section 13-15.  Information obtained during the screening process is confidential.

**Sec. 13-15. Selection and assignment procedure.**

  (a)    After receiving an application, the Program Administrator must investigate and evaluate the inmate and, based on a structured selection process, determine whether the inmate meets the standards of eligibility in Section 13-14.

  (b)    The Program Administrator may give priority in selection and assignment to an inmate who demonstrates a family or financial need or other circumstances warranting participation in the Program.

  (c)    The Program Administrator may give priority to an inmate who is a County resident over a nonresident.

  (d)    The Program Administrator must develop a standardized method of screening individuals for the Program. The Program Administrator may consider the following factors:

    (i)   the intent of the committing court;

    (ii)   time in confinement;

    (iii)   the offense for which the inmate was convicted;

    (iv)   the inmate’s past criminal and institutional history;

    (v)   availability of work and transportation;

    (vi)   community needs (such as those of a family member or employer);

    (vii)   the inmate’s history of alcohol or drug addiction;

    (viii)   the inmate’s current institutional performance and adjustment (if applicable);

    (ix)    the inmate’s need for treatment;

    (x)   an evaluation of the inmate's maturity, attitude, trust, and motivation to become involved in Program opportunities; and

    (xi)   any other item the Program Administrator finds appropriate.

  (e)    Based on this standardized selection process and standards of eligibility, the Program Administrator must recommend to the appropriate court or correctional authority placement of an inmate in the Program.  The Program Administrator has full discretion to recommend or decline to recommend an inmate.  No inmate has a right to participate in the Program or in any specific component of the Program.

  (f)    After receiving a report from the Program Administrator, the court or correctional authority having jurisdiction may approve or disapprove the Program Administrator's recommendation. After receiving the court’s decision, Division staff must notify the inmate of the decision.

  (g)    An inmate must not be placed in the Program unless the Program Administrator finds that:

    (1)   the inmate meets the eligibility standards of the Program and is suitable for the Program; and

    (2)   adequate staff and facilities are available to manage the Program and supervise the inmate.

  (h)   If an inmate’s application is disapproved, the inmate is not eligible to submit another application to the Program for 60 days after the disapproval.

**Sec. 13-16. Program rules.**

  Each participant must comply with, and agree in writing to, the following rules. Each participant must:

  (a)   comply with all terms, conditions, and guidelines listed in the Program Guidebook; and

  (b)   acknowledge that the inmate’s failure to comply with the terms of the Program may subject the inmate to criminal penalties provided by state or federal law.

**Sec. 13-17. Administrative review and removal actions.**

  (a)    Participation in the Program is a privilege.  The Program Administrator may reclassify the inmate from the Program and transfer the inmate to secure confinement if the inmate:

    (1)   does not satisfactorily complete a behavioral contract;

    (2)   does not take advantage of treatment opportunities available to a Program participant;

    (3)   does not participate in required Program activities; or

    (4)   is otherwise unable to adjust to the work release/pre-release environment.

    (5)   is charged with another crime;

    (6)   receives a detainer from another jurisdiction;

    (7)   asks to be transferred from the Program;

    (8)   is physically or mentally unable to work or participate in Program activities for an extended period of time.

    (9)   receives a pattern of poor behavioral ratings by Program staff; or

    (10)   demonstrates a lack of motivation or commitment to the Program by failing to adequately perform the inmate’s Program contract.

  (b)    If an inmate is transferred from the Program under this section, the Program Administrator must notify the court in writing of the circumstances of the removal.

  (c)   If an inmate is transferred from the Program under subsection (a), the inmate is not eligible to reapply to the Program for 60 days after the inmate’s transfer, as provided in Sections 13-14 and 13-15.

**Sec. 13-18. Disciplinary and revocation measures.**

  (a)    Division staff may use counseling when appropriate for improper conduct.

  (b)    The Program Administrator may:

    (1)   restrict or remove privileges in the Pre-Release Center for not more than 30 days for any breach of discipline or violation of Division rules;

    (2)   suspend the inmate from the Pre-Release Center for not more than 14 successive days for any breach of discipline or violation of Division rules; or

    (3)   if an inmate is participating in Home Confinement services, place the inmate at the Pre-Release Center, restrict or remove privileges, or return the inmate to the appropriate security facility.

  (c)    If an inmate commits a serious violation of a rule or regulation identified in the Program Guidebook or Section 13-16, or performs unsatisfactorily in the Program, the Program Administrator may immediately remove the inmate from the Pre-Release Center or return the inmate to the appropriate security facility.  The Program Administrator must forward a full report to the court stating the circumstances and reasons for revocation. The judge of the committing court may, on the basis of the revocation action, redesignate the State Department of Public Safety and Correctional Services as the agency of custody for the remaining term of the inmate's confinement, under Section 11-717 of the Correctional Services Article of the Maryland Code.

  (d)   The Program Administrator may revoke an inmate’s participation in the Program if the inmate makes a false statement on the application or during the screening process.  If the Program Administrator revokes an inmate’s participation in the Program, the inmate must be removed from the Program and is not eligible to reapply to the Program for 60 days, as provided in Sections 13-14 and 13-15.  An inmate in the custody of the State Department of Public Safety and Correctional Services or Federal Bureau of Prisons is subject to any time limit in the applicable state or federal law.

**Sec. 13-19. Disposition of inmate funds and earnings.**

  (a)    The Director may establish and maintain inmate personnel and financial records and require written reports from the inmate as necessary to administer the Program.

  (b)    The Director is authorized to receive, deposit, and disburse the funds and earnings of each inmate in accordance with regulations established by the Director.

  (c)    The Director may deduct the following from an inmate’s earnings:

    (1)   all or part of the cost to the County to provide an inmate with food, lodging, and clothing;

    (2)   actual and necessary food, travel, and other expenses incidental to the inmate’s participation in the Program;

    (3)   any amount the inmate is legally obligated or desires to pay to support a dependent;

    (4)   a reasonable amount to repay the State or County for an attorney appointed by the court, if applicable; and

    (5)   a court-ordered payment for restitution.

  (d)    The Director must apply any remaining balance, less deductions identified in subsection (c), to the inmate’s account and must dispose of the funds as the inmate requests and the Director approves.

  (e)    Inmate funds must be accounted for as prescribed by the Director of the Department of Finance.  The Department of Finance must conduct a yearly audit of inmate funds and submit a written report to the Director of the Department of Correction and Rehabilitation.

  (f)   The Director must set, by method (3) regulation, a reasonable fee for the cost of electronic and staff supervision.  The Director may collect the fee from participants in the non-residential component of the Program.  If the Director finds that a participant cannot afford to pay the fee, the Director may wholly or partially exempt the inmate from paying the fee.

**Sec. 13-20. Graduated release.**

  The Director must cooperate with federal, state, or other County correctional officials to develop a system of graduated release for County residents who are within 12 months of release or a parole hearing date and who are returning to the County after serving a period of their confinement in a correctional institution. After approval by an appropriate court or other agency having jurisdiction, the Director may place a qualified inmate in the Program; however, any inmate transferred from another correctional agency to the Department must meet the eligibility standards specified in Section 13-14 and be subject to all rules, regulations, and guidelines of the Program.  Under Section 11-717 of the Correctional Services Article of the Maryland Code the Director may negotiate a contract each year with the State Department of Public Safety and Correctional Services for state reimbursement on a per diem basis to the County for providing community correctional services to state inmates.

**Sec. 13-21. Court directed early release.**

  Under Section 11-717 of the Correctional Services Article of the Maryland Code after the inmate enters the Program, the judge ordering the confinement or, if the judge is unable to act, any other judge of the committing court, may order the release of the inmate from custody based on the Program Administrator's recommendation and report of the inmate’s performance in the Program.

**Sec. 13-22. Conditional parole and probation cases.**

  (a)    In lieu of pursuing a parole violation, state or federal parole authorities may require a parolee to participate in the Program for residential treatment as a condition of continued parole. The Program Administrator may screen and accept a parolee who meets Program criteria.

  (b)    In specific cases, the federal court may require a probationer to participate in the Program for residential treatment as a condition of probation. The Program Administrator may screen and accept a probationer who meets Program criteria.

  (c)    The Program Administrator must take appropriate steps to determine that the parolee and/or probationer is a resident of the Washington Metropolitan Area and meets the eligibility criteria in Section 13-14. The parolee's or probationer's participation in the Program must not exceed six 12 months. The parolee or probationer must be subject to the rules and guidelines of the Pre-Release Center. If the Program Administrator finds that the parolee or probationer should be withdrawn from the Pre-Release Center because of improper conduct or other appropriate reasons, the Program Administrator must release the parolee or probationer to the parole or probation agent and provide the agent a report of the individual's performance and conduct while at the Pre-Release Center.

  (d)    The County may negotiate a contract each year with federal and state adult parole and probation authorities for reimbursement on a per diem basis to the County for providing community correctional services to a parolee or probationer.

**Sec. 13-23. Confidentiality.**

  The Program administrator may require an inmate who participates in the Program to agree in writing to waive any right of confidentiality and authorize the Program Administrator to release relevant personal information, except for psychological information:

  (a)   to essential community resources and volunteer staff to obtain employment, training, education, and treatment for the inmate; or

  (b)   to an individual who agrees to sponsor the inmate in the individual’s home for home confinement, an authorized visit, or a furlough.

### Article III. Alternative Community Service Program.

**Sec. 13-24. Alternative community service program; purpose.**

  The purpose of the alternative community service program is to provide for certain adult and juvenile offenders the privilege of participating in a productive, voluntary community work experience with a public or nonprofit agency, or both, before and as an alternative to trial or adjudication in criminal or juvenile court proceedings.

**Sec. 13-25. Definitions.**

  In this article, the following words have the meanings indicated:

    (1)   Director means the director of the department of correction and rehabilitation.

    (2)   Program means the alternative community service program.

**Sec. 13-26. Administration.**

  (a)   The director must:

    (1)   Establish and administer the activities necessary to carry out the purpose of this article;

    (2)   Provide information and guidance to participating public and nonprofit agencies;

    (3)   Maintain effective liaison and consultation with relevant criminal justice agencies and departments;

    (4)   Establish criteria for participation in the program;

    (5)   Maintain final authority over the eligibility of all participants;

    (6)   Establish the conditions and requirements for participation in the program;

    (7)   Adopt regulations under method (2) of section 2A-15 of this Code necessary to administer this article; and

    (8)   Perform any other related duties as may be required.

  (b)   The criteria used to determine participation in the program may include:

    (1)   The participant's prior criminal history and juvenile court dispositions;

    (2)   The crimes or delinquent acts for which the participant is currently charged;

    (3)   Whether the participant is currently on probation in another case;

    (4)   The existence of any other pending criminal or juvenile court cases in which the participant is a party;

    (5)   Whether the participant was previously enrolled in the program;

    (6)   Age of the participant;

    (7)   Whether the participant is believed to be a danger to the participant or the community.

  (c)   The director may:

    (1)   Establish a citizen advisory board and consult with the board on a periodic basis; and

    (2)   Accept participants into the program for other lawful reasons.

  (d)   Upon successful completion of the program requirements, the program administrator must provide the necessary information to the court, the office of the state's attorney, and the relevant juvenile and criminal justice agencies and departments.

  (e)   It is not the intent of this article to interfere with the authority of the office of the state's attorney to prosecute or dispose of any criminal or juvenile court case.

**Sec. 13-27. Fees.**

  (a)   The director may, by regulation adopted under method (3) of section 2A-15 of this Code, impose fees on participants in the program. Fees must not exceed the reasonable cost of administering the program, service, or activity.

  (b)   The director may waive a participant's fee if:

    (1)   The director believes that a waiver would promote the purpose of the program; and

    (2)   The participant cannot afford the fee.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 14. Development Districts.

### Article I. General Provisions.

**Sec. 14-1. Short Title.**

  This Chapter may be referred to as the Montgomery County Development District Act.

**Sec. 14-2. Purposes.**

  (a)   The purposes of this Chapter are to:

    (1)   authorize the County to provide financing, refinancing or reimbursement for the cost of infrastructure improvements necessary for the development of land in areas of the County of high priority for new development or redevelopment by creating development districts in which special assessments, special taxes, or both, may be levied;

    (2)   authorize the issuance of bonds or other obligations of the County that are payable from special assessments or special taxes collected, in a development district;

    (3)   specify the procedures to be followed in creating a development district, issuing bonds, and assessing and enforcing the collection of special assessments or special taxes in such a district; and

    (4)   provide for the tax-exempt nature and form of the bonds.

  (b)   Development districts would be especially useful in achieving these purposes where:

    (1)   an approved master plan recommends significant development in a specific area of the County;

    (2)   the infrastructure needs necessary to serve that development include extensive and long-term facilities; and

    (3)   the real estate market and the availability of land will permit significant development within the life of a development district.

(a)    Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d)    Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-3. Definitions.**

  In this Chapter the following words have the following meanings:

  Adequate Public Facility means any infrastructure improvement required by the Planning Board as a condition of approving a preliminary plan of subdivision under Section 50-35(k) or identified in the County Growth Policy as necessary for adequate public facilities approval in a development district.

  Additional Public Facility Capacity means the provision of an infrastructure improvement not fully funded in the first 4 years of the County's then-applicable Capital Improvement Program.

  Administrative Expense means any expense incurred by any County department or office in connection with the administration or funding of a development district, including:

    (1)   any expense directly related to levying and collecting any special tax, special assessment, fee, or charge under this Chapter;

    (2)   any expense of complying with any arbitrage rebate requirement or disclosure requirement under federal or state law;

    (3)   an allocable share of the salary of any County employee who is primarily responsible for the administration or funding of a development district;

    (4)   an allocable share of County administrative overhead related to the administration and funding of a development district; and

    (5)   the fees and expenses of any fiscal agent employed by the County in connection with development district bonds.

  Bond means a special obligation or revenue bond, note, or similar instrument issued under this Chapter or any other law if the indebtedness evidenced thereby will be repaid from revenue generated by special assessments, special taxes, fees, or charges levied under this Chapter in a development district.

  Cost means the aggregate dollar cost of:

    (1)   building, rebuilding, or renovating any infrastructure improvement, and acquiring any land, structure, real or personal property, right, right-of-way, franchise, easement, or interest;

    (2)   machinery and equipment, including machinery and equipment needed to expand or enhance services in a development district;

    (3)   financing charges and interest before and during construction and, if the Executive finds it advisable, for a limited period after completing construction; interest and reserves for principal and interest, including costs of municipal bond insurance and any other financial guaranty, costs of issuance, and administrative expenses;

    (4)   extensions, enlargements, additions, or improvements;

    (5)   architectural, engineering, financial, and legal services;

    (6)   plans, specifications, studies, surveys, and estimates of costs or revenues;

    (7)   expenses necessary or incident to deciding whether to proceed with a district or any infrastructure improvement; and

    (8)   any other expense necessary or incident to building, acquiring, or financing any infrastructure improvement.

  Development includes redevelopment of underdeveloped land.

  Development District means a special taxing district created for the purposes listed in Section 14-2 and, if a resolution adopted under Section 14-9 creates one or more subdistricts in a development district, each subdistrict.

  Infrastructure Improvement means a school, police station, fire station, library, civic or government center, storm drainage system, sewer, water system, road, bridge, culvert, tunnel, street, transit facility or system, parking lot or facility, sidewalk, lighting, park, recreational facility, or any similar public facility, and the land where it is or will be located.

  Owner means a person or entity with legal title to property, or a contract purchaser of a property.

  Special Assessment means a levy on property which is assessed in relation to any special benefit received from the construction of one or more infrastructure improvements to support development in a development district.

  Special Benefit means any advantage or betterment accruing to real property as the direct result of any infrastructure improvement.  The allocation of any additional public facility capacity to a development project is a special benefit.

  Special Fund means an independent account in which special assessment, special tax, fee, or charge payments received for a development district are deposited and, if a resolution adopted under Section 14-9 creates one or more subaccounts in a special fund, each subaccount.

  Special Tax means a property or excise tax levied in a development district, not based on any special benefit received, to pay for one or more infrastructure improvements to support development in that district.

(a)    Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d)    Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-4. Powers of County.**

  In addition to any power granted under any other law, the County may, subject to applicable state law and this Chapter:

  (a)   create one or more development districts;

  (b)   levy special assessments, special taxes, fees, or charges, in any development district; and

  (c)   issue bonds and other obligations payable from special assessments, special taxes, fees, or charges, levied in any development district.

(a)    Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d)    Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

### Article II. Creating A Development District.

**Sec. 14-5. Location.**

  Any development district:

  (a)   must be located entirely in the County, but may include land in any municipality;

  (b)   need not consist of a contiguous geographic area unless otherwise required by State law;

  (c)   should largely, if not entirely, consist of undeveloped or underdeveloped land; and

  (d)   may be used to finance an infrastructure improvement located outside the district if the improvement is located in the County and related to the development or use of land in that development district.

**Sec. 14-6. First Council Resolution.**

  (a)    If a petition to create a development district signed by at least 80 percent of the owners of real property and the owners of at least 80 percent in value of the real property, as shown by the most recent assessment records available from the State Department of Assessments and Taxation or any successor agency on the date the petition is filed, located in a proposed development district, is filed with the Council, the Council must hold a public hearing after at least 15 days notice in two newspapers of general circulation in the County.  The petition must specify the boundaries of the proposed district and list the maximum number of housing units and the maximum nonresidential space that the signing property owners intend to build in the district.

  (b)    Alternatively, the Council, on request of the Executive or on its own motion, may hold a public hearing after giving notice as required in subsection (a). The notice must:

    (1)   specify the proposed boundaries of the proposed district, and

    (2)   list the maximum number of housing units and the maximum nonresidential space expected to be built in the district.

  (c)    After holding a hearing under subsection (a), the Council, by resolution approved by the Executive, may declare its intent to create a development district consisting of a specified geographic area.  In the resolution the Council must explain why intensive development of and public investment in that area during the term of the district will benefit the public interest.

  (d)    If the Executive disapproves a resolution adopted under this Section within 10 days after it is adopted and the Council readopts it by a vote of 7 Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.

  (e)   For the purposes of this Section, multiple owners of a single parcel of real property must be treated as one owner and a single owner of multiple parcels must be treated as one owner.

  (f)    The adoption of a resolution under this Section does not:

    (1)   obligate the Council to create a development district;

    (2)   confer any contract, property, or other right on any person; or

    (3)   limit a district to the area described in the resolution.

  (g)   After the Council has adopted a resolution under Section 14-6, the Executive may require any applicant for provisional adequate public facilities approval under Section 14-7 to pay one or more filing fees or provide other financial assurances, in amounts and installments set by Executive regulation, to cover all costs of:

    (1)   Executive review of the proposed district;

    (2)   preparation of the fiscal report required under Section 14-8; and

    (3)   preparation of any bond issue or other financing after the district is created.

(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-7. Planning Board Review; Compliance with Adequate Public Facilities and Annual Growth Policy Requirements.**

  (a)   After the Council has adopted a resolution under Section 14-6, one or more owners of land located in the proposed district may submit an application for provisional adequate public facilities approval, covering the entire proposed district, to the Planning Board.  The application must:

    (1)   explain how each development located in the proposed district will comply with all applicable zoning and subdivision requirements, including any action necessary under Section 50-35(k);

    (2)   identify any infrastructure improvement necessary to satisfy the Growth Policy's adequate public facilities requirements for a development district; and

    (3)   estimate the cost to provide each such improvement.

  (b)   Within 180 days after receiving an application under subsection (a) and all information needed to review that application, the Board must jointly review for compliance with Section 50-35(k) and the Growth Policy all developments located in the proposed district as if they were one development.  The Board may extend the deadline in this subsection for another 90 days, by notifying each applicant and the Executive and Council, if delays beyond the Board’s control require more time to conduct the required review.  The Council at any time may waive any applicable deadline under this Section if the public interest so requires.  In its review, the Board must apply all otherwise applicable standards and procedures.  The Board may conditionally approve an application if it finds that the proposed district will meet all requirements under Section 50-35(k) and any added requirements which apply to a district under the Growth Policy.  The Board may condition its approval on, among other things, the creation and funding of the district and the building of no more than the maximum number of housing units and the maximum nonresidential space listed in the petition filed under Section 14-6 or any later amendment to the petition.

  (c)   In the aggregate, the applications approved must commit the applicants to produce (through the funding of the proposed development district or otherwise) the infrastructure improvements needed to meet the applicants' adequate public facility requirements in the proposed district and any added requirements which apply to an applicant under the Growth Policy.  In its approval, the Board must list those infrastructure improvements.

  (d)   An applicant may withdraw a development from a district before the district is created under Section 14-9(c).  An applicant must not withdraw a development after the district is created.  If an applicant withdraws a development before the district is created, the applicant's provisional adequate public facility approval is cancelled.  If any withdrawal would significantly impair the ability of the proposed district to finance the required infrastructure improvements, the Planning Board may modify or cancel any approval under subsection (b) and may attach new conditions to any previous approval.

  (e)

    (1)   After a development district is created and the financing of all required infrastructure improvements is arranged, any development located in the district has for all purposes satisfied:

      (A)   the adequate public facility requirements of Section 50-35(k);

      (B)   any added requirements which apply to a district under the Growth Policy; and

      (C)   any other requirement to provide infrastructure improvements which the County adopts within 12 years after the district is created.

    (2)   This subsection does not relieve any taxpayer from paying a generally applicable County tax, assessment, fee, or charge.

  (f)   The County may reserve for its own use or transfer to other owners through regular development approval processes, or as otherwise provided by law, any additional public facility capacity attributable to improvements financed by the district which exceeds the capacity required for developments in the district.

(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-8. Executive Fiscal Report.**

  (a)    After the Planning Board has acted under Section 14-7(b) and within 180 days after the Executive has received all information necessary to review the application, the Executive, after consulting the Superintendent of Schools with respect to school facilities and the Washington Suburban Sanitary Commission with respect to water and sewer facilities, must submit a report estimating:

    (1)   the cost of each infrastructure improvement listed by the Planning Board under Section 14-7(c) or recommended by the Executive under subsection (b); and

    (2)

      (A)   the amount of revenue needed annually to finance all infrastructure improvements funded, fully or partly, by a district; and

      (B)   the rate for each tax, assessment, fee, or charge available to the district that would produce the necessary revenue.

  The Executive should compare these estimates to those submitted by the applicants under Section 14-7(a).  The Executive may extend the 180-day deadline in this subsection for another 90 days, by notifying the Council, if delays beyond the Executive’s control require more time to produce the required report.  The Council at any time may waive any applicable deadline under this subsection if the public interest so requires.

  (b)    In this report the Executive should also recommend whether to create a district, its boundaries if one is created, whether any subdistricts should be created in the district and, if so, their boundaries, which infrastructure improvements the district should fully or partly fund, and alternative financing or revenue-raising measures.

(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-9. Second Council Resolution.**

  (a)    The Council must hold a public hearing on the final resolution to create a development district not earlier than 45 days after the Planning Board has acted on all applications filed under Section 14-7 for that district.

  (b)

    (1)   The Council must give notice of the hearing by:

      (A)   advertisement in at least two newspapers of general circulation in the County at least 21 days before the hearing; and

      (B)   first-class mail to the record owner of each property located in the proposed district at the address shown on the most recent tax assessment records available 30 days before the hearing from the State Department of Assessments and Taxation or any successor agency.  The Council must retain sufficient proof that each required notice was mailed.  However, the failure of any property owner to receive notice by mail does not invalidate the adoption of a resolution under this Section or any later action by the Council or Executive.

    (2)   Each notice mailed under this subsection must include:

      (A)   a copy of the proposed resolution to create a district; and

      (B)   an estimated rate for any tax, assessment, fee, or charge proposed to fund infrastructure improvements for the district, or, if the estimated rate cannot reasonably be determined, a description of how the rate will be set.

  (c)    If the Council intends to use special obligation debt to finance the district, and the district was initiated by the Council under subsection 14-6(b), before the Council adopts a resolution under this Section the Council must receive a petition to create a development district signed by at least 80 percent of the owners of real property and the owners of at least 80 percent in value of the real property, as shown on the latest tax  assessment records available from the State Department of Assessments and Taxation or any successor agency, located in the proposed district.

  (d)   If the district to be approved under this Section would extend beyond the specified geographic area approved under Section 14-6(c), before the Council adopts a resolution under this Section the Council must also receive a petition to create the district signed by at least 80 percent of the owners of the real property and the owners of at least 80 percent in value of the real property located in the area added to the district, as shown on the latest tax assessment records available from the State Department of Assessments and Taxation or any successor agency.

  (e)    After the public hearing, the Council by resolution approved by the Executive may create a development district.  If the Executive disapproves a resolution within 10 days after it is adopted and the Council readopts it by a vote of 7 Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.

  (f)    A resolution adopted under this Section must:

    (1)   define the development district by specifying its boundaries and listing the tax account number of each property in the district;

    (2)   list each infrastructure improvement that will be financed by the development district, the estimated completion date and cost of that improvement, and the share of that cost which the County or another government agency will pay;

    (3)   create, and specify the amount or percentage of, a contingency account for unexpected cost overruns; and

    (4)   create a special fund for the development district.

  (g)    A resolution adopted under this Section may also require that a building permit must not be issued for any listed development (or part of a development) in the district until the earlier of:

    (1)   the date a specific infrastructure improvement begins construction; or

    (2)   a specific date.

  (h)   An infrastructure improvement financed by a development district may include any infrastructure required by the Planning Board as a condition of project, preliminary, or site plan approval. Except as expressly approved by a Council resolution, a development district must not finance that part of the cost of any infrastructure improvement that has:

    (1)   been paid for by any other government agency, or;

    (2)   received a credit toward the payment of the development impact tax or any other tax, fee, or charge.

  (i)   A district may finance an infrastructure improvement which primarily serves residents or occupants of only one development or subdivision only if:

    (1)   the improvement also provides added transportation capacity, enhanced public services, or other significant public benefits to residents or occupants of one or more other developments or subdivisions; or

    (2)

      (A)   either the Planning Board or the Executive recommends that the district finance that improvement; and

      (B)   the Council concludes that the public interest justifies the district financing that improvement.

  (j)   The Council may amend a resolution adopted under this Section after giving notice as required by subsection (b), including notice by mail to each property owner in the district.  If the Executive disapproves an amended resolution within 10 days after it is adopted and the Council readopts it by a vote of 6 Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the amended resolution takes effect.

  (k)   A resolution adopted under this Section may create one or more subdistricts in a development district if the petition to create the development district filed under Section 14-6 was signed by at least 80 percent of the owners of real property and the owners of at least 80 percent in value of the real property located in the proposed subdistrict.  All special taxes, assessments, fees, or charges levied on the properties located in any subdistrict must be dedicated to a subaccount of the special fund and used to fund the construction of specified infrastructure improvements in or which benefit the district.  If any subdistrict is created, the resolution adopted under this Section must:

    (1)   specify the boundaries of each subdistrict;

    (2)   list the tax account number of each property in the subdistrict;

    (3)   list the amount of each infrastructure improvement to be financed by special taxes, assessments, fees, or charges applicable in the subdistrict; and

    (4)   create designated subaccounts in the special fund.

  (l)   The adoption of a resolution under this Section does not:

    (1)   obligate the County to finance any infrastructure improvement or levy any tax, assessment, fee, or charge in the development district; or

    (2)   confer any contract, property or other right on any person.

(a) except as expressly approved by a Council resolution, a tax imposed under the authorizing law must not pay for that part of the cost of any infrastructure improvement that has:

  (1) been paid for by any other government agency, or;

  (2) received a credit toward the payment of the development impact tax or any other tax, fee, or charge; and

(b) the County must not allow a credit toward the payment of any development impact tax levied under Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by the special taxing district.

(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

### Article III. Financing A Development District.

**Sec. 14-10. Special Taxes and Assessments.**

  (a)    A resolution adopted under Section 14-9 must also authorize the imposition of a special assessment, special tax, fee, or charge, or any combination of them, in the development district at a rate designed to provide adequate revenues to:

    (1)   pay the principal of, interest on, and redemption premium, if any, on the bonds;

    (2)   replenish any debt service reserve fund;

    (3)   pay the cost of any approved infrastructure improvement, or reimburse the County for the cost of any approved infrastructure improvement paid from other County funds;

    (4)   pay directly the cost of any approved infrastructure improvement built or funded other than by the County; and

    (5)   pay the administrative expenses of the development district.

    The resolution may reserve the Council's authority to adjust any rate schedule.

  (b)    The resolution must provide, except when clearly inconsistent with state law, that:

    (1)   any property which is fully developed before the development district is created is exempt from any special assessment, special tax, fee, or charge imposed under this Chapter; and

    (2)   the owner of any property exempt from payment under paragraph (1) which is later developed more intensively and benefits from any development capacity attributable to infrastructure improvements financed by the district must pay any tax, fee, or charge that it would have otherwise paid under this Chapter.

    Under paragraph (1), “fully developed” property does not include any property developed after the Council adopted a resolution under Section 14-6 by any property owner who signed a petition under subsection 14-6(a) or that owner’s successor in interest, and any such property is not exempt from any special assessment, special tax, fee, or charge imposed under this Chapter.

  (c)    A special assessment or special tax must:

    (1)   be levied and collected in the same manner, for the same period or periods, and with the same date or dates of finality as otherwise provided by law; and

    (2)   end when all bonds issued for the district have been paid in full and the County has been fully paid for each infrastructure improvement built or funded by the County.

  (d)    The special assessments, special taxes, fees, or charges authorized under subsection (a) must be payable as otherwise provided by law or (if state and County law are silent) as provided in the resolution adopted under Section 14-9.  Any special assessment, special tax, fee, or charge must not be levied until each infrastructure improvement to be financed or refinanced has been approved in the County capital improvements program.

  (e)   The resolution may establish procedures for the prepayment of any special tax, special assessment, fee, or charge levied in the district.  The resolution also must, subject to modification by a resolution adopted under Section 14-13:

    (1)   specify (to the extent not already controlled by state or County law) the basis of and any exemptions from any special assessment, special tax, fee, or charge;

    (2)   set a maximum special assessment, special tax, fee, or charge applicable to each individual property in the district; and

    (3)   prohibit any increase in, or extension of the term of, the maximum special assessment, special tax, fee, or charge applicable to any individual property because of any delinquency or default by any other taxpayer.

  (f)

    (1)

      (a)   A taxpayer who did not sign a petition under Section 14-6(a), and that taxpayer's successor in interest, may defer any special ad valorem tax on real property imposed to support that debt until the Planning Board approves a plan of subdivision or resubdivision for that taxpayer's property, or, if no subdivision plan is necessary, until the first building permit is issued for any building on the affected property.

    (2)   The Director of Finance and the taxpayer may agree on a payment schedule.

    (3)   The taxpayer must pay interest on any deferred tax at the rate set by law for unpaid real property taxes during each year that taxes are deferred.

  (g)   The County must not allow a credit toward the payment of any development impact tax levied under Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by a development district.

(a) except as expressly approved by a Council resolution, a tax imposed under the authorizing law must not pay for that part of the cost of any infrastructure improvement that has:

  (1) been paid for by any other government agency, or;

  (2) received a credit toward the payment of the development impact tax or any other tax, fee, or charge; and

(b) the County must not allow a credit toward the payment of any development impact tax levied under Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by the special taxing district.

(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-11. Special Fund.**

  (a)    The resolution creating a special fund under Section 14-9 must:

    (1)   pledge to the special fund the proceeds of any special assessment, special tax, fee, or charge levied under Section 14-10; and

    (2)   require that proceeds from any special tax, special assessment, fee, or charge be paid into the special fund.

  (b)    When any bonds authorized by this Chapter with respect to a development district are outstanding, the County has not been reimbursed for the cost of any infrastructure improvement funded or reimbursed by the County, or the cost of any infrastructure improvement to be paid by the County directly from special assessments or special taxes have not been paid, funds in the special fund must be used in any fiscal year to pay the principal of, interest on, and redemption premium, if any, on the bonds, to pay or reimburse the County for infrastructure improvements, to pay administrative expenses, and to replenish any debt service reserve fund established with respect to the bonds.

  (c)    After the bonds authorized by this Chapter with respect to a development district are fully paid, the County has been reimbursed for the cost of any infrastructure improvement funded or reimbursed by the County, and the cost of any infrastructure improvement to be paid by the County directly from special assessments or special taxes has been paid, further special assessments, special taxes, fees, or charges must not be levied and the district terminates by operation of law.  If the Council so determines, any balance in the special fund must be paid to the general fund of the County.

(a)    Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d)    Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

### Article IV. Issuing Debt.

**Sec. 14-12. Bonds-Payment, Sinking Funds, Reserve Funds, Pledges and Other Financial Guaranties, Proceeds.**

  (a)    If the resolution adopted under Section 14-13 so provides, the Executive must take all necessary actions to issue bonds under this Chapter, subject to the usual and customary requirements and procedures for issuance of special district bonds.

  (b)    Bonds must be payable from the special fund required under Section 14-11 and any other assets or revenues of the district pledged toward their payment.

  (c)    If the resolution adopted under Section 14-9(c) provides for the issuance of bonds, the resolution may authorize the Executive to:

    (1)   establish sinking funds and debt service reserve funds;

    (2)   pledge other assets in and revenues from the district towards the payment of the principal and interest; or

    (3)   arrange for insurance or any other financial guaranty of the bonds.

  (d)    All proceeds received from any bonds issued must be applied solely towards:

    (1)   costs of the infrastructure improvements listed in the resolution adopted under Section 14-9(f)(2);

    (2)   costs of issuing bonds; and

    (3)   payment of the principal and interest on loans, money advances, or indebtedness incurred by the County for any purpose stated in this Chapter.

(a)    Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d)    Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-13. Resolution; Investment of Special Fund or Sinking Fund; Tax Exemption.**

  (a)    In order to issue bonds, the Council must adopt a resolution that:

    (1)   describes the infrastructure improvements to be financed and states that the County has complied with the procedures in this Chapter;

    (2)   specifies the maximum principal amount of bonds to be issued;

    (3)   covenants to levy special taxes, special assessments, or both, at a rate and amount sufficient in each year when any bonds are outstanding to:

      (A)   provide for the payment of the principal of and interest on the bonds, and the redemption premium, if any, on the bonds;

      (B)   replenish any debt service reserve fund established with respect to the bonds; and

      (C)   enforce the collection of all special assessments and special taxes as provided in Section 52-36, et seq., of the County Code and Section 14-808, et seq., of the Tax Property Article of the Maryland Code, or other applicable law; and

    (4)   specifies (to the extent not already controlled by state or County law) the basis of any special assessment, special tax, fee, or charge in a development district, and any exemptions from a special assessment or special tax subject to any change in law that does not materially impair the district's ability to pay principal and interest and maintain adequate debt service reserves;

    (5)   declares that:

      (A)   the construction of the infrastructure improvements financed by the bonds:

        (i)   creates a public benefit, and special benefits, if applicable, to the properties assessed in the development district; and

        (ii)   serves a public purpose; and

      (B)   the projected special assessment, special tax, fee, or charge revenue will be sufficient to retire the bonds, taking into account the value of land in the district; and

    (6)

      (A)   prohibits acceleration of assessments or taxes because of any bond default;

      (B)   sets a maximum special assessment, special tax, fee, or charge applicable to each individual property in a development district; and

      (C)   prohibits any increase in, or extension of the term of, the maximum special assessment, special tax, fee, or charge applicable to any individual property because of any delinquency or default by any other taxpayer.

  (b)    To the extent not otherwise required by state law, the resolution may specify, or may authorize the Executive by executive order to specify as needed:

    (1)   the actual principal amount of the bonds to be issued;

    (2)   the actual rate or rates of interest for the bonds;

    (3)   how and on what terms the bonds must be sold;

    (4)   how, when, and where interest on the bonds must be paid;

    (5)   when the bonds may be executed, issued, and delivered;

    (6)   the form and tenor of the bonds, and the denominations in which the bonds may be issued;

    (7)   how, when, and where the principal of the bonds must be paid within the limits in this Section;

    (8)   how any or all of the bonds may be called for redemption before their stated maturity dates; or

    (9)   any other provision not inconsistent with law that is necessary or desirable to finance an infrastructure improvement.

  (c)   The special fund and any sinking fund or reserve fund established by the County to provide for the payment of the principal of or interest on any bonds issued by the County under this Chapter may be invested by the County fiscal officer having custody of the fund in the manner prescribed under Article 95, Section 22 of the Maryland Code.  Any fiscal officer having custody of the proceeds of the sale of any such bonds may invest the proceeds, pending their expenditure, as prescribed under Article 95, Section 22.

  (d)    To the extent provided in State law, the principal amount of the bonds, the interest payable on the bonds, their transfer, and any income derived from the transfer, including any profit made in the sale or transfer of the bonds, must be exempt from County taxation of any kind.

  (e)   The adoption of a resolution under this Section does not:

    (1)   obligate the County to issue bonds; or

    (2)   confer any contract, property, or other right on any person.

(a) Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c) Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d) Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-14. Form, terms and conditions of bonds.**

  (a)   Any bond may be in bearer form or in coupon form or may be registrable as to principal alone or as to both principal and interest.  Each bond is a security as defined in Section 8-102 of the Commercial Law Article of the Maryland Code, whether or not it is either one of a class or series or by its terms is divisible into a class or series of instruments.

  (b)   Each bond must be signed manually or in facsimile by the County Executive, and the seal of the County must be affixed to the bonds and attested by the Clerk of the Council.  If any officer whose signature or countersignature appears on the coupons ceases to hold that office before the bonds are delivered, the officer's signature or countersignature is nevertheless valid and sufficient for all purposes as if the officer had remained in office until delivery.

  (c)   Each bond must mature not later than 30 years after issuance.

  (d)   All bonds must be sold in the manner, either at public or private sale, and upon the terms as the County Executive directs.  Any contract to acquire property may provide that payment must be made in bonds.  Any bond issued under this Chapter is not subject to Article 31, Sections 10 and 11 of the Maryland Code.

**Sec. 14-15. Credit of County not Pledged.**

  (a)   Any bond issued under this Chapter is not an indebtedness of the County within the meaning of Section 312 of the Charter.

  (b)   Any bond issued under this Chapter must not pledge the full faith and credit of the County and must state that the full faith and credit of the County is not pledged to pay its principal, interest, or premium, if any.

### Article V. Miscellaneous Provisions.

**Sec. 14-16. Administration of district; Termination.**

  (a)    The Executive must administer each district, prepare bond issues, collect taxes and revenues, and oversee construction of infrastructure improvements.  Chapter 11B does not apply to:

    (1)   financing, acquiring, or building any infrastructure improvement under this Chapter; or

    (2)   retaining consultants or other professional services in connection with financing any infrastructure improvement or administering any development district.

  (b)    Construction of each infrastructure improvement listed in the resolution creating a district must begin promptly when bond proceeds or other funds are available unless:

    (1)   the approved Capital Improvements Program provides otherwise; or

    (2)   the improvement is being or has already been built.

  (c)

    (1)   The County may contract with the Revenue Authority or another public agency or a private party, including any owner of property in a development district, to construct or reimburse the cost of any infrastructure improvement when significant cost or time savings have resulted or are likely to result.  In a contract under this subsection, the County may reimburse the cost of an infrastructure improvement as it is being built or after construction is complete.

    (2)   However, any reimbursement of construction costs under this subsection must not exceed the lowest of:

      (A)   the unencumbered appropriation available for that item;

      (B)   the actual construction cost of the item; or

      (C)   a fair and reasonable price developed under a cost/price analysis method used by the Office of Procurement.

  (d)   The Executive must designate an employee in the Office of the Executive or the Office of the Chief Administrative Officer as the Development District Coordinator for each development district for which the Council has adopted a resolution declaring its intent to create a development district under Section 14-6.  Among other duties, the Coordinator must:

    (1)   coordinate the preparation of the Fiscal Report for the development district as required by Section 14-8;

    (2)   coordinate the financing and development of County infrastructure in that development district;

    (3)   advise the Executive, the Council, the Chief Administrative Officer, County Department heads, the Planning Board, and any other appropriate government agency, of any action needed to expedite the financing and development of County infrastructure in that development district;

    (4)   serve as primary point of contact regarding the financing and development of County infrastructure and associated State and private infrastructure for residents and businesses located or potentially located in or near that development district and the developer of any development located in that development district; and

    (5)   advise the Executive and Council about any other action needed to assure that all required infrastructure keeps pace with private development in that development district.

  (e)   The Executive must report to the Council not later than January 15 and July 15 of each year on the progress made during the preceding 6 months, and the significant steps to be taken during the following 6 months, regarding each development district for which the Council has adopted a resolution under Section 14-6.

  (f)    If the County has not issued any bonds for a district created under this Chapter, or if all bonds issued to finance a district have been repaid, the County has been reimbursed for the cost of any infrastructure improvement funded or reimbursed by the County, and the cost of any infrastructure improvement to be paid by the County directly from special assessments or special taxes has been paid, the Council may terminate the district by resolution approved by the Executive.  If the Executive disapproves a resolution within 10 days after it is adopted and the Council readopts it by a vote of 7 Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.

(a)    Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d)    Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-17. Disclosure; notices.**

  (a)    A seller of real property located in a development district or proposed development district (as defined in subsection (f)) must disclose to any buyer during the life of any development district created under this Chapter:

    (1)   the amount of any special assessment, special tax, fee, or charge which the buyer must pay; or

    (2)   if that amount cannot readily be determined, a method of calculating the amount in sufficient detail to enable the buyer to estimate the maximum amount the buyer will pay currently and during the life of the district.

    This disclosure must be made in any sale or lot reservation contract.

  (b)   The seller of any property located in a development district or proposed development district (as defined in subsection (f)) must specify in any advertisement, sales brochure, sign, or other sales material that the seller creates or authorizes, that:

    (1)   the property is or would be located in a development district; and

    (2)   any potential buyer should ask the seller about the additional taxes and other charges for which a property owner in the district may be liable.

    Each sales office and model home in a new housing development located in a development district or proposed development district (as defined in subsection (f)) must prominently display at least one sign that contains the information required under this subsection.   The information required under this subsection need not be included in a printed advertisement that is smaller than 16 square inches, or on the initial screen of an internet listing as long as the information appears elsewhere on that listing.

  (c)    A notice in a contract of sale or similar document which prominently contains the heading “Notice of Special Tax or Assessment” and substantially conforms to the following text complies with subsection (a):

    Each year the buyer of this property must pay a special assessment or special tax imposed under Chapter 14 of the Montgomery County Code, in addition to all other taxes and assessments that are due.  As of (date of this contract), the special assessment or special tax on this property amounts to or will not exceed (dollar amount in arabic numbers) each year.  As of (date of each scheduled or expected increase), the assessment or tax is scheduled to increase to (amount of each scheduled or expected increase).  For further information on this assessment or tax, the buyer can contact the County Department of Finance at (current telephone number).

    If an increase in any special assessment, special tax, fee, or charge is likely to occur in the forseeable future but the timing or amount of the increase is not certain when the contract is signed, the notice must also expressly disclose that fact.

  (d)    Promptly after the Council adopts a resolution under Section 14-9, the Director of Finance must record among the land records of the County at the cost of the development district a declaration encumbering all real property located in the district and designating that property as subject to a development district.  The declaration must terminate when the Director records a release stating that all bonds are fully repaid, the County has been reimbursed for the cost of any infrastructure improvement funded or reimbursed by the County, the cost of any infrastructure improvement to be paid by the County directly from special assessments or special taxes has been paid, and all other obligations of the County relating to the district have been satisfied.  While the declaration is in effect, each deed to any real property located in the district must contain a notice that:

    (1)   the property is located in a development district; and

    (2)   a declaration filed in the County land records encumbers the property.

  (e)    The Director of Finance must indicate on the real estate tax bill for each property in a development district the amount of any special assessment or special tax imposed on the property.

  (f)   Any notice or other information that this Section requires a seller to provide for a property located in a development district must also be provided if a development district has not been created but the property is located in an area proposed to be included in a development district by a petition filed under Section 14-6.

  (g)   Any contract which does not disclose all information required by this Section is voidable at the option of the buyer before the date of settlement.

  (h)   In addition to any other applicable remedy or penalty, any person who does not comply with this Section is liable for any damages sustained by a buyer or potential buyer because of that person’s failure to provide any required notice or information.  However, a seller or the seller’s agent is not liable for an incorrect estimate of the amount of any tax, assessment, fee, or charge disclosed under this Section if the seller relied in good faith on a method approved or recommended by the County to estimate that amount.

  (i)   The Office of Consumer Protection must enforce this Section as if it were part of Chapter 11.

(a)    Any amendment to County Code Chapter 14 made in Section 1 of this Act applies to any action taken after this Act take effect.

(b)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not alter or affect any Council resolution adopted, or other action taken with respect to a development district, before this Act takes effect.

(c)    Any amendment to County Code Chapter 14 made in Section 1 of this Act does not indicate that the previous version of a provision amended by Section 1 of this Act should be interpreted differently from the same provision as amended by Section 1 of this Act.

(d)    Any notice or disclosure requirement in Section 14-17, as amended by Section 1 of this Act, applies to any sale contract signed, and any sales material or advertisement for sale disseminated, after this Act takes effect in any development district created, and in any proposed development district for which the Council adopted a resolution under Section 14-6, after January 1, 2001.

**Sec. 14-18. Construction of Chapter.**

  (a)   This Chapter is necessary for the welfare of the County and its residents and must be liberally construed to achieve the purposes stated in Section 14-2.

  (b)   The powers granted under this Chapter supplement any power conferred by any other law and do not restrict any other power of County government.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 15. Eating and Drinking Establishments.

**Sec. 15-1. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  (a)   Adulterated food: Any food or drink:

    (1)   Which has been produced, prepared, packed, or held under unsanitary conditions whereby it would reasonably be expected to have become contaminated; or

    (2)   Which violates the Maryland Food, Drug and Cosmetic Act.

  (b)   Department: The Department of Health and Human Services.

  (c)   Director: The Director of the Department of Health and Human Services or the Director's designee.

  (d)   Eating and drinking establishment: Any food service facility.

  (e)   Employee: Any person, including an owner or manager, who:

    (1)   Handles food or drink during preparation, storage, or serving; or

    (2)   Comes in contact with eating, drinking, or cooking utensils and dishware; or

    (3)   Is employed in a room in which food or drink is prepared or served.

  (f)   Food service facility: Any enterprise that prepares or sells food or drink for human consumption on or off the premises. Food service facility includes:

    (1)   Any restaurant, coffee shop, retail market, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain; and

    (2)   Any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp.

  (g)   Food or drink: Substances for human consumption as defined in State law.

  (h)   Food service manager:

    (1)   The licensee;

    (2)   An employee assigned by the licensee to supervise or manage food-handling employees; or

    (3)   An employee who otherwise has the authority, either personally or through others, to immediately enforce food protection, handling, storage, and display practices and good personal hygiene.

  (i)   Temporary food service facility:

    (1)   A food service facility operating for a temporary period at a fixed location, not exceeding 30 days, at a fair, carnival, public exhibition, construction project, recreational facility or similar gathering; or

    (2)   Any other food service facility which travels from place to place.

    Each temporary food service facility belongs to one of 4 classes:

  Class I: A food service facility operating from a fixed location or a mobile unit which handles, serves, or sells only sealed and prewrapped or prepackaged food or drink in the original sealed container or wrapping, and which does not prepare, wrap, or package any food or drink on the premises or within the mobile unit.

  Class II: A food service facility operating from a fixed location, which handles, serves, or sells any food or drink, other than in sealed containers or wrappings, or which prepares, packages, or wraps any food or drink on the premises.

  Class III: A food service facility operating from a mobile unit which handles or sells any food or drink other than in sealed containers or wrappings, or which prepares, packages, or wraps any food or drink within the mobile unit.

  Class IV: A food service facility operating from a mobile unit which handles or sells sealed, prewrapped, or prepackaged food or drink in the original sealed container or wrapping, and does not prepare, wrap, or package any food or drink within the mobile unit except coffee or tea.

  (j)   License: A document authorizing a food service facility or a temporary food service facility to operate in the County.

  (k)   Licensees: A person who is issued a license.

  (l)   Person: An individual, firm, partnership, company, corporation, trustee, association, institution, cooperative enterprise, or other publicly or privately owned entity.

  (m)   Potentially hazardous food: Any food capable of supporting rapid and progressive growth of infectious or toxicogenic microorganisms. This term includes milk or milk products, eggs, meat, poultry, fish, shellfish, and edible crustacea. This term does not include clean, whole, uncracked, odor-free shell eggs.

  (n)   Utensils: Any kitchenware, tableware, glassware, cutlery, utensils, containers, machines, or other equipment with which food or drink comes in contact during storage, preparation, or serving.

**Sec. 15-2. Examination of food and drink samples; condemnation of unwholesome food or drink.**

  The director may take samples of food, drink, or other substances from food service facilities and examine them as often as is necessary to find wholesomeness or freedom from adulteration.

  The director may detain pending examination, condemn, or prohibit the use or sale of any food or drink which his examination discloses to be unwholesome or adulterated, and cause the food or drink to be removed or destroyed.

**Sec. 15-3. Inspections.**

  The director must inspect each food service facility twice each year to determine compliance with this chapter. The director must resolve each complaint alleging a violation of this chapter and may conduct any other on-site visit necessary to achieve compliance with this chapter. An inspector must be permitted access to all parts of the food service facility during operating hours and at any other reasonable time must be permitted to inspect all records of food purchased to determine its source. Failure to permit inspection or comply with resulting notices is a violation of this chapter.

**Sec. 15-4. Licensee's responsibilities to monitor employees; procedure when infection is suspected.**

  (a)   The licensee must monitor the food handling and hygiene of employees and enforce safe practices. The licensee must also monitor employees for overt symptoms of gastrointestinal illness and skin wounds or infections, and must take appropriate action to stop an employee with these conditions from handling food or drink or food contact surfaces.

  (b)   When the director has reasonable cause to suspect that disease may be transmitted by any food or drink in a food service facility or by any employee, the director must secure a morbidity history of each suspected employee, inspect the food service facility, obtain food or drink samples for analysis, investigate other relevant facts, and take appropriate action. An order issued under this section takes effect immediately unless the order specifies otherwise.

  (c)   The director may, when appropriate:

    (1)   Exclude an employee from all food service facilities;

    (2)   Restrict an employee to an area of a food service facility with no danger of transmitting disease;

    (3)   Close a food service facility until the director finds no further danger of disease transmission; or

    (4)   Require medical and laboratory examinations of an employee, and of an employee's blood and body discharges.

**Sec. 15-5. Nonconforming fixtures, equipment, etc.**

  (a)   The director may approve the continued use of existing equipment or fixtures which do not conform to this chapter if:

    (1)   The equipment or fixture is not prohibited under this chapter or any other applicable law; and

    (2)   The equipment or fixture continues to perform in a safe and sanitary manner.

  (b)   The director may approve the use of new fixtures, materials, equipment, and methods that do not conform to this chapter if they are not prohibited under this chapter or any other applicable law. The director may require proof that the new fixtures, materials, equipment, and methods are safe and sanitary and that their design and quality are equal to or better than the requirements of this chapter.

**Sec. 15-6. Administration of chapter; regulations.**

  (a)   This chapter is enforced by the director under the direction of the County Executive, and by their authorized agents.

  (b)   The County Executive, after holding a public hearing, may adopt regulations under method (2) to implement this chapter. These regulations may establish operating procedures for food service facilities and standards for physical plant and equipment. These regulations must not be less restrictive than regulations in effect under State law.

  (c)   These regulations must establish procedures for suspension or revocation of a license issued under this chapter. Suspension, revocation, and appeal provisions established under State law apply to a license issued under State law.

**Sec. 15-7. Violations, penalty, and injunctive relief.**

  Any violations of this chapter is a class A violation.

**Sec. 15-8. License required; exemptions; certified manager required.**

  (a)   A person must not operate a food service facility or a temporary food service facility without a valid license from the director. A separate license is required for each food service facility or itinerant food service facility.

  (b)

    (1)   After January 15, 1989, a licensee must not operate a food service facility unless at least one employee is a certified food service manager, or is taking a course that will train the employee to be a certified food service manager.

    (2)   After July 15, 1989, a licensee must not operate a food service facility unless the facility is under the immediate control of a certified food service manager.

    (3)   This requirement does not apply to:

      (A)   A food service facility where no unwrapped food is handled; or

      (B)   A seasonal food service facility in which little or no potentially hazardous food is prepared, handled or served.

    (4)   This requirement may be applied to a temporary food service facility at the discretion of the director.

    (5)   The director may postpone or waive this requirement if in unusual circumstances its application to a particular licensee would result in undue hardship.

  (c)   A license is not requested if food or drink is:

    (1)   Prepared or provided from the homes of members of a nonprofit organization listed in subsection (d);

    (2)   Shared among the members of the organization at no charge; and

    (3)   Not served to the public.

  (d)   A license is not required for a food preparation or serving area that is used exclusively by a volunteer fire company or a nonprofit fraternal, civic, war veterans, religious, or charitable organization to serve the public if:

    (1)   No potentially hazardous food is prepared or served; and

    (2)   Food or drink is served less than 5 times a week.

  (e)   Any food preparation or serving area listed in (d) may be inspected by the director and is subject to the operational provisions of this chapter pertaining to cleanliness, water supply and waste disposal, health of personnel and the handling and wholesomeness of food and drink.

**Sec. 15-9. Food service manager; responsibility; certification; licensee’s responsibility.**

  (a)   The food service manager must:

    (1)   Accompany the inspector during an inspection;

    (2)   Maintain the facility and procedures in compliance with this chapter; and

    (3)   Comply with any inspection notices or orders issued under this chapter.

  (b)   Unless otherwise provided by executive regulation, the Maryland Department of Health or its successor certifies food service managers for purposes of this Chapter. A facility under the immediate control of a manager holding a state certificate complies with Section 15-8(b). The County Executive may modify or supersede the State certification program by executive regulation. The Executive must establish criteria in executive regulation for renewal of a certificate.

  (c)   A licensee must operate a facility in compliance with this chapter. That responsibility is not reduced or transferred by the manager certification requirements of this section or section 15-8(b).

  (d)   The licensee must also establish a program to train food service personnel in sanitary food handling procedures. This program may be carried out by the certified food service manager, but remains the responsibility of the licensee.

**Sec. 15-10. Application.**

  Any person desiring to operate a food service facility or temporary food service facility must apply to the director for a license to operate the facility. Each application must be in the form prescribed by the director.

**Sec. 15-11. Plan approval requirements.**

  (a)   If a food service facility is constructed or materially altered, or if an existing structure is converted for use as a food service facility, the licensee or applicant must submit to the director properly prepared, scaled plans and specifications for:

    (1)   Plumbing, lighting, and the construction and finishing materials for work areas; and

    (2)   The location, size, manufacture, and model number of all equipment.

  (b)   The director must approve all plans and specifications before workbegins.

  (c)   If one or more pieces of equipment are added or are replaced, the licensee or applicant must submit to the director the location, size, manufacturer, and model number of that equipment.

  (d)   The director must approve the equipment before it is installed.

**Sec. 15-12. Fees.**

  The fees for licenses and plan review under this chapter must be an amount the County Executive, by regulation adopted under method (3), sets. The license fees must not exceed the cost of inspecting and issuing the licenses for the various establishments regulated by this chapter. The plan review fees must not exceed the department's cost for reviewing plans of food service facilities. The plan review and license fees must be submitted with the application. The plan review fee is not refundable unless the application is withdrawn before the plan review process begins. The license fee is not refundable unless the application is withdrawn before the director inspects the premises.

  The director may waive all or part of the fee for the following establishments:

  (a)   Hospitals, sanitariums, nursing homes and care homes.

  (b)   Private educational institutions.

  (c)   Child care homes.

  (d)   Hotels, tourist homes, boardinghouses and rooming houses.

**Sec. 15-13. Posting.**

  Each license issued under this chapter must be posted at all times in a conspicuous place on the premises.

**Sec. 15-14. Transfer.**

  Licenses issued under this chapter must not be transferred from place to place or person to person.

**Sec. 15-15. Renewal.**

  Each license issued under this chapter must be renewed annually by a date set by the director.

  When a valid application for license renewal has been properly filed and the existing license has not been suspended, revoked, or denied by the department, the existing license continues in effect for not more than 180 days until the department acts on the renewal.

**Sec. 15-15A. Nutrition Labeling.**

  (a)   Legislative Findings.

    (1)   Research reveals the strong link between diet and health and that diet-related diseases begin early in life.

    (2)   Increased caloric intake is a key factor contributing to the increase in obesity in the United States.  According to the Centers for Disease Control and Prevention, two-thirds of American adults are overweight or obese, and the rates of obesity have tripled in children and teens since 1980.  Data from the Maryland Behavioral Risk Factor Surveillance System indicated that 50.8 percent of Montgomery County residents were overweight or obese in 2005.  According to the National Institutes of Health, obesity increases the risk for diseases such as diabetes, cardiovascular disease (heart disease and stroke), osteoarthritis, sleep disorders, and cancer.  According to the Maryland Vital Statistics 2003 Annual Report, heart disease, cancer, stroke, and diabetes accounted for nearly 60 percent of all deaths in Maryland in 2003.  The Report cites heart disease, cancer, stroke, and diabetes as the first, second, third, and fifth leading causes of deaths in Maryland in 2003.  The United States Department of Health and Human Services cited that in 2000 the economic cost of obesity was $117 billion in the United States.

    (3)   The National Institutes of Health identified saturated fat as the biggest dietary cause of high low-density lipoprotein cholesterol.  High LDL cholesterol levels lead to the build up of cholesterol in arteries; the higher the level of LDL in a person’s blood, the greater the risk of heart disease.  In the United States, heart disease is the leading cause of death and a leading cause of disability among working adults.  The American Heart Association estimated that the economic cost of heart disease and stroke in the United States in 2007 will be $431.8 billion in health care expenditures and lost productivity.  The Maryland Behavioral Risk Factor Surveillance System indicated that nearly 34 percent of  Maryland adults were diagnosed with high cholesterol in 2003.  Overweight or obese adults were more likely to have high cholesterol than normal weight adults.  The Maryland Vital Statistics 2003 Report cited heart disease as the leading cause of death in Maryland during 2003, which accounted for over 27 percent of all deaths.

    (4)   The National Institutes of Health identified that excess dietary sodium will contribute to high blood pressure in people who are sensitive to sodium.  High blood pressure can lead to congestive heart failure, kidney failure, and stroke.  Nearly 1 in 3 American adults have high blood pressure.  The Maryland Behavioral Risk Factor Surveillance System indicated that approximately 25 percent of Maryland adults were diagnosed with high blood pressure in 2003.  As with high cholesterol, obese adults were more likely to have high blood pressure than normal weight adults.

    (5)   Over the past 2 decades, there has been a significant increase in the number of meals prepared and eaten outside of the home.  A study in the USDA Agriculture Information Bulletin reported that Americans consume approximately one-third of their calories on food purchased in eating and drinking establishments, and the National Restaurant Association estimated that Americans spend nearly 48 percent of total food dollars on food purchased from eating and drinking establishments.  Studies in the USDA Agriculture Information Bulletin, the International Journal of Obesity, the American Journal of Public Health, and the American Journal of Epidemiology link eating out with obesity and higher caloric intake.  Studies in the USDA Agriculture Information Bulletin and the American Journal of Epidemiology report that food from eating and drinking establishments is generally higher in calories and saturated fat and lower in nutrients, such as calcium and fiber, than home-prepared foods.

    (6)   The federal Nutrition Labeling and Education Act, in effect since 1994, requires nutrition labeling on packaged foods sold in retail stores.  Using food labels is associated with healthier diets.  The United States Department of Health and Human Services cited that three-quarters of American adults report using food labels on packaged foods, and a report from the Food and Drug Administration cited that 48 percent of people report that the nutrition information on food labels has caused them to change the food product they purchased.  Nutrition information is required for food served in an eating and drinking establishment only if a nutrient content or health claim is made about the food.  It is difficult for consumers to limit caloric intake at eating and drinking establishments because of the limited availability of nutrition information and the practice of serving food in larger-than-standard serving sizes.  Studies in the Journal of Marketing and the American Journal of Clinical Nutrition show that people eat greater quantities of food when served more.  A study in the Journal for Consumer Affairs indicated that people make healthier choices in eating and drinking establishments when provided with nutrition information at the point of purchase.

  (b)   Definitions.  In this Section, the following words have the meaning indicated:

    (1)   “Menu” or “Menu board” means the primary writing of an eating and drinking establishment from which a consumer makes an order selection.

    (2)   “Standardized menu item” or “menu item” means a food or drink item as usually prepared and offered for sale.  “Standardized menu item”does not include a food or drink item that:

      (A)   appears on the menu for less than 60 cumulative days per calendar year;

      (B)   is not listed on a menu or menu board, including an item that is placed on a table or counter for general use without charge;

      (C)   is a test-market menu item that appears on the menu for less than 90 cumulative days per calendar year; or

      (D)   is a daily special.

  (c)   Applicability.

    (1)   Except as provided by (c)(2), this Section applies to an eating or drinking establishment that is part of a chain with at least 20 locations in the United States and that:

      (A)   does business under the same trade name, regardless of the ownership or individual locations; and

      (B)   offers substantially the same menu items.

    (2)   This Section does not apply to a:

      (A)   grocery store;

      (B)   convenience store; or

      (C)   movie theater.

  (d)   Labeling Required.

    (1)   An eating and drinking establishment must post the number of calories, calculated according to applicable federal law, for any standardized menu item on each menu or menu board adjacent to the name of that item.

    (2)   An eating and drinking establishment must make the following nutrition information available in writing on request on its premises:

      (a)   calories;

      (b)   calories from fat;

      (c)   total fat:

      (d)   saturated fat;

      (e)   cholesterol;

      (f)   sodium;

      (g)   total carbohydrates;

      (h)   complex carbohydrates;

      (i)   sugars;

      (j)   fiber; and

      (k)   protein.

    (3)   The required nutrition information must be clear and conspicuous and located adjacent to each menu item so as to be clearly associated with the menu item.

    (4)   Self-Service Food.  For self-service food, an eating and drinking establishment must post a sign with the information required in (d)(1) per serving or per item adjacent to each food offered for sale.  In this paragraph, “self-service food” includes:

      (A)   items in a salad bar, buffet line, cafeteria line, or a similar self-service facility;

      (B)   self-service beverages; and

      (C)   food that is on display and visible to customers.

    (5)   Range of Calorie Content Required for Different Flavors and Varieties.  If an eating and drinking establishment offers a standardized menu item in more than one flavor or variety and lists the item as a single menu item, (such as beverages, ice cream, pizza, or doughnuts), the establishment must post the range of nutrition information for each size offered for sale.  The range must include the minimum and maximum values for each flavor or variety of that item.

  (e)   Required statements.  An eating and drinking establishment must include the following statements on each menu and menu board:

    (1)   a statement regarding suggested daily caloric intake as determined by the federal Department of Health and Human Services; and

    (2)   a statement regarding the availability of the written information required in paragraph (d)(2).

  (f)   Enforcement.  When an eating and drinking establishment is inspected under Section 15-3, the Director must verify that required nutrition information is posted.  The Director is not required to verify the accuracy of the information provided, but may request the establishment to document its accuracy.  If the Director requests the establishment to document the accuracy of the nutrition information posted, the establishment must provide verification of the accuracy of the posted information in 30 days.

(a)    Effective Date. Section 15-15A, inserted by Section 1 of this Act, takes effect on July 1, 2010.

(b)    Implementation.  Section 15-15A must be implemented according to the following schedule:

  (1)   Between July 1 and July 31, 2010, the Department must notify all eating and drinking establishments subject to the requirements of Section 15-15A of the applicable laws and regulations.

  (2)   By September 15, 2010, an eating and drinking establishment must submit to the Department an implementation plan.  As part of the implementation plan, an eating and drinking establishment must identify a date by which the establishment will comply with Section 15-15A.

  (3)   Any eating and drinking establishment subject to Section 15-15A must comply with the requirements of that Section by January 1, 2011.

**Sec. 15-15B. Food allergen awareness training—required.**

  (a)   An eating and drinking establishment that is required to be under the immediate control of a certified food service manager under Section 15-8 must have on the premises at all times when food is being prepared or served, an employee who has completed a food allergen awareness training course and passed a test approved by the Department.

  (b)   The Department must make available a list of approved online and in-person food allergen awareness training courses.

**Sec. 15-15C. Healthy Meals for Children.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated.

    Children’s meal means a combination of food items, or a combination of food items and a beverage, that a food service facility:

    (1)   offers for sale as a unit; and

    (2)   includes on its children’s menu, or otherwise offers for consumption primarily by children.

    Children’s meal does not include a combination of food items, or a combination of food items and a beverage, prepackaged and offered for sale by an entity other than a food service facility.

    Default beverage means a beverage that a food service facility provides automatically with a children’s meal, unless the customer requests a different beverage.

    Healthy children’s meal means a children’s meal that contains no more than:

    (1)   600 calories;

    (2)   700 milligrams of sodium;

    (3)   35% of calories from total sugars;

    (4)   35% of calories from fat;

    (5)   10% of calories from saturated fat; and

    (6)   0.5 grams of trans fat.

    Lean protein means a serving of protein that contains 10% or less in saturated fat.

  (b)   Children’s meals – healthy option required. A food service facility that offers for sale a children’s meal must offer for sale at least one healthy children’s meal.

  (c)   Healthy children’s meals – options. The healthy children’s meal required under subsection (b) must include two or more of the following options:

    (1)   ¼ cup or more of unfried fruit or unfried vegetables, excluding juice, condiments, or spreads;

    (2)   a whole grain product that:

      (A)   contains, by weight, 51% or more of whole grain ingredients; or

      (B)   lists whole grain as the first ingredient in its ingredient list required by the U.S. Food and Drug Administration; or

    (3)   a lean protein consisting of:

      (A)   one ounce or more of meat, seafood, nuts, seeds, beans, or peas;

      (B)   one egg;

      (C)   ½ cup of nonfat or 1% milk or low-fat yogurt, or 1 ounce of reduced fat cheese; or

      (D)   a plant-based, nondairy alternative that:

        (i)   contains the same amount of protein as, or more protein than, an item under this paragraph; and

        (ii)   is fortified with calcium and Vitamin D.

  (d)   Children’s beverages – healthy default beverage required. A food service facility that offers for sale a children’s meal with a beverage must include as the default beverage one or more of the following options:

    (1)   water or sparkling water, with no added natural or artificial sweeteners;

    (2)   8 ounces or less of unflavored nonfat or 1% milk, or a non-dairy equivalent with no added natural or artificial sweeteners; or

    (3)   8 ounces or less of the following, with no added natural or artificial sweeteners:

      (A)   100% fruit or vegetable juice;

      (B)   a combination of 100% fruit and vegetable juice; or

      (C)   a combination of 100% fruit or vegetable juice with water or sparkling water.

  (e)   Preservation of consumer choice. This Section must not be construed to prohibit a customer from purchasing, or a food service facility from selling, a children’s meal that:

    (1)   is not a healthy children’s meal; or

    (2)   does not contain the foods or beverages listed under subsections (c) and (d).

  (f)   Educational outreach. The Director must create and disseminate written informational resources and signage that summarizes, in multiple languages including Spanish, the requirements of this Section.

**Sec. 15-16. Suspension or revocation-Generally.**

  (a)   A license issued under this chapter may be temporarily suspended or permanently revoked by the director for violation of this chapter, State regulations governing food service facilities, orother federal, state, or local laws. Notice of each violation must be in writing and delivered or mailed to the licensee, manager, or person in charge of the facility. The violation must be corrected within the time specified in the notice, or the director may suspend or revoke the license.

  (b)   When it is imperative to preserve the immediate health and safety of the community, the director may summarily revoke or suspend a license without the notice prescribed in subsection (a), and may direct that the facility be closed to the public until the hazard is corrected.

**Sec. 15-17. Same-Reinstatement.**

  Any person whose license has been suspended or revoked under section 15-16 may, at any time thereafter, apply to the director in writing for reinstatement of the license. Upon receipt of an application, the Director must inspect the facility and, if the facility complies with this chapter, must reinstate the license.

**Sec. 15-18. Same-Appeals.**

  Any person aggrieved by suspension or revocation of a license under this chapter may, within 10 days, appeal to the County Board of Appeals under sections 2-108 to 2-116. An appeal does not stay the suspension or revocation of the license, unless the Board of Appeals grants a stay upon application of the person filing the appeal.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 15A. ECONOMIC DEVELOPMENT.

### Article I. Economic Development Corporation.

**Sec. 15A-1. Policy objectives.**

  (a)   The future success of Montgomery County related to education, infrastructure, public safety, public welfare, and quality of life is:

    (1)   built on a vibrant and growing economy;

    (2)   successful businesses creating this economy; and

    (3)   government fostering a legislative and regulatory environment which encourages business success.

  (b)   To achieve these goals, the County Government may designate a nonprofit corporation as the Montgomery County Economic Development Corporation (Corporation) to implement the County’s economic development programs and activities.

**Sec. 15A-2. Designation.**

  (a)   The County Council must designate, by resolution approved by the County Executive, a single nonprofit corporation which complies with all requirements and criteria of this Article as the Montgomery County Economic Development Corporation.  If the Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes.

  (b)   To continue to qualify as the County’s Economic Development Corporation, the Corporation’s articles of incorporation and bylaws must comply with all requirements of this Article.

  (c)   Any designation under this Section expires at the end of the fifth full fiscal year after the resolution is adopted unless the Council extends the designation by adopting another resolution under this Section.

  (d)   The Council at any time may suspend or revoke the designation of a corporation as the County’s Economic Development Corporation by resolution, adopted after at least 15 days public notice that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 6 Councilmembers.

**Sec. 15A-3. Board of Directors.**

  (a)   To qualify as the Montgomery County Economic Development Corporation, the Corporation’s Board of Directors must have 13 voting members appointed by the County Executive and confirmed by the County Council. The immediate past chair of the Corporation’s Board of Directors and the chief executive officer of the County’s Workforce Development Organization must be ex-officio, non-voting members of the Corporation’s Board of Directors.  The Corporation’s Board of Directors must include one non-voting member appointed by the County Executive; and one non-voting member appointed by the County Council; and should have one non-voting member appointed by the Maryland Secretary of Commerce.

  (b)   Each voting member serves a 3-year term.  The individual terms of the voting members must be staggered. Of the voting members first appointed, four must be appointed for a 1-year term, four must be appointed for a 2-year term, and three must be appointed for a 3-year term.  The Executive may extend the term of a voting member first appointed for an additional 6 months or less to coincide with the end of a fiscal year.  A voting member appointed to fill a vacancy serves the rest of the unexpired term.  A voting member continues in office until his or her successor is appointed and confirmed.

  (c)   Each voting member must be either a resident of the County or a senior manager in a for- profit or nonprofit entity that has a significant presence in the County.

  (d)   A member must not be paid for service on the Board but may be reimbursed for necessary travel expenses.

  (e)   A member is not subject to Chapter 19A because of serving on the Board.  The Corporation’s bylaws must protect against any conflict of interest or similar impropriety by members of the Board of Directors or the Executive Director or any other employees.  The bylaws must include:

    (1)   a prohibition against self-dealing and collusive practices;

    (2)   a provision for the disclosure of a financial or similar interest of any person in any matter before the corporation that would create a conflict of interest;

    (3)   a provision establishing conditions under which a person is disqualified from participating in decisions or other actions in which there is a conflict between the person’s official duties and private interests;

    (4)   appropriate remedies for a violation of the bylaws, including removal or termination; and

    (5)   a policy to protect whistleblowers.

  (f)   Notwithstanding any inconsistent provision of County Code Section 19A-21, a member of the Board of Directors or a staff member of the Corporation who engages in legislative, administrative, or executive advocacy as part of that person’s duties is not required to register as a lobbyist under Article V of Chapter 19A because of that advocacy.

  (g)   The Board must direct the program, management, and finances of the Corporation.

**Sec. 15A-4. Status; incorporation; bylaws.**

  (a)   To qualify as the County’s Economic Development Corporation, the Corporation’s articles of incorporation must provide for the appointment of the members of its board of directors as set forth in this Article.  The articles of incorporation must also provide that the Corporation is:

    (1)   a Maryland nonprofit, non-stock corporation the purposes and activities of which are limited to those that are permitted to be promoted or performed by a corporation that is recognized as exempt from federal income tax under 26 U.S.C. § 501;

    (2)   not an instrumentality of the County;

    (3)   incorporated for the purpose of serving as the County’s Economic Development Corporation and implementing the County’s economic development strategic plan, adopted under Section 20-76, and related programs.  These programs must include:

      (A)   attracting and retaining businesses;

      (B)   facilitating economic, industrial, and commercial development in the County;

      (C)   encouraging investment in commerce, industries, and businesses in the County;

      (D)   promoting job growth and talent attraction, in coordination with the Montgomery County Workforce Development Board;

      (E)   advising and informing County officials on economic development matters;

      (F)   providing services to resident businesses in the County, including business retention, counseling, business planning, and other services to maintain and grow the existing economic base;

      (G)   stimulating and nurturing the development of new business;

      (H)   supporting minority, female, and disabled owned businesses, including assisting minority, female, and disabled owned businesses to gain access to capital; and

      (I)   promoting the development of a vital and balanced economy.

    (4)   organized and operated under the laws of the State of Maryland; and

    (5)   headquartered in the County.

  (b)   The Corporation’s bylaws may contain any provision necessary to govern and manage the Corporation that does not conflict with this Article.  The Corporation may exercise all powers and is subject to all requirements which apply to non-stock corporations under the Corporations and Associations Article of the Maryland Code.

  (c)   The bylaws must require the Corporation to comply with the Maryland Open Meetings law and the Maryland Public Information Act.

**Sec. 15A-4A. Economic Development Strategic Plan.**

  (a)   Duties of the Montgomery County Economic Development Corporation. Beginning no later than July 1, 2021 and each fourth year thereafter, the Montgomery County Economic Development Corporation (Corporation) must submit a draft Economic Development Strategic Plan to the Executive and the Council. The draft Economic Development Strategic Plan should include relevant economic development measures and input from partner agencies and organizations, such as the Planning Board and the County’s Workforce Development Organization.

  (b)   Duties of the Executive. Beginning no later than September 1, 2021 and each fourth year thereafter, the Executive must submit to the Council any recommended revisions to the draft Economic Development Strategic Plan submitted by the Corporation.

  (c)   Duties of the Council.

    (1)   After receiving the draft Economic Development Strategic Plan from the Corporation, the Council must hold a public hearing on the draft Plan.

    (2)   Beginning on December 1, 2021 and each fourth year thereafter, the Council must adopt, by resolution, an Economic Development Strategic Plan.

  (d)   Contents of the Plan. The Economic Development Strategic Plan should be consistent with the Council’s Economic Development Platform approved by Resolution No. 19-300 and must include metrics to assess the County and its partners’ ability to address relevant economic development measures including:

    (1)   creation of jobs;

    (2)   growing wages;

    (3)   identifying and supporting strategic industries;

    (4)   retention and attraction of new companies and employers;

    (5)   growing the tax base;

    (6)   supporting and increasing entrepreneurial activity; and

    (7)   other actions necessary to promote economic development in the County.

  (e)   Two-year Update. Beginning no later than July 1, 2023 and every fourth year thereafter, the Corporation may submit amendments to the approved Economic Development Strategic Plan based on new information since the Council adoption of the previous Plan. The Executive may comment and the Council may approve, after holding a public hearing, an amended Economic Development Strategic Plan.

  (f)   Outcomes. The desired outcomes of the Economic Development Strategic Plan should include:

    (1)   a thriving and diversified economy;

    (2)   racial equity and social justice;

    (3)   greater innovation; and

    (4)   environmental sustainability, including a reduction in climate change.

  (g)   Reporting. The corporation must report to the Council periodically on the implementation of the Strategic Plan.

**Sec. 15A-5. Economic development program.**

  (a)   The Montgomery County Economic Development Corporation must recommend economic development programs and associated performance measures to the Executive and Council each year to advance the policy objectives and perform the activities listed in Section 15A-1.

  (b)   In its economic development programs, the Corporation should collaborate with the Montgomery County Workforce Development Board to advance the County’s economic development strategic plan adopted under Section 15A-4A.

  (c)   The Corporation’s economic development programs may include a plan for sponsorship of private investment, marketing, and advocacy initiatives.

  (d)   The Corporation may administer, as part of a microenterprise development strategy, a culturally proficient microlending program under which:

    (1)   loans must not exceed $15,000;

    (2)   loans must only be issued to Montgomery County residents:

      (A)   who have resided in Montgomery County for at least 180 days before the loan application is made;

      (B)   whose business is headquartered in Montgomery County; and

      (C)   lack access to traditional means of capital financing;

    (3)   loan recipients must participate in educational and technical assistance provided by the program;

    (4)   non-County funds may be used as a source for capital and program administration; and

    (5)   materials and assistance are provided in multiple languages reflective of the County’s population.

  (e)   The Board and staff must meet with the Executive and the Council at least annually regarding the Corporation’s activities and finances.

**Sec. 15A-6. Staff; support from County Government.**

  (a)   The Office of Management and Budget, the Department of Finance, and other departments of County government and County-funded agencies, if the Board of Directors requests, should provide relevant economic data to the Corporation.  The research division of the Planning Board must provide research support to the Corporation to the extent assigned by the Planning Board’s work program, as approved by the Council.

  (b)   The Corporation may also raise public and private funds and may accept services from any source consistent with its purposes.

  (c)   The Corporation must:

    (1)   make public data sets available on the web to:

      (A)   improve public knowledge of the Corporation and its operations;

      (B)   further its mission; or

      (C)   increase its accountability and responsiveness; and

    (2)   provide the Executive and Council, upon request, all non-confidential data produced and received by the Corporation, including research, economic data, and minutes of Board meetings.

**Sec. 15A-7. Report**

  The Board of Directors must report annually on the activities and finances of the Corporation and provide an audited financial statement of the Corporation to the Executive and Council by November 1 of each year.  The report must also include:

  (a)   the Corporation’s plan to solicit and receive additional public and private funding for its operations; and

  (b)   information on the microlending program including:

    (1)   the number of microloans issued during the prior fiscal year by dollar value of the loan;

    (2)   a description of how each loan was used;

    (3)   loan repayments received;

    (4)   the rate of repayment; and

    (5)   non-County funds leveraged to support the program.

### Article Ii. Workforce Development.

**Sec. 15A-8. Policy objectives.**

  (a)   The success of Montgomery County’s economic development goals is dependent upon a comprehensive and demand-driven system of workforce development that:

    (1)   meets the talent attraction, development, and retention needs of strategic industries;

    (2)   meets the needs of the underemployed and unemployed; and

    (3)   develops career pathways that lead to sustainable wage jobs to support a thriving economy.

  (b)   To achieve these goals, the County Government may designate a nonprofit corporation or a public educational institution or both, as the County’s Workforce Development Organization to implement the County’s workforce development policies established by the Workforce Development Board.

**Sec. 15A-9. Designation.**

  (a)   The Council must designate, by resolution approved by the Executive, a single nonprofit corporation or a public educational institution, or both, which complies with all requirements of this Article as the County’s Workforce Development Organization.  If the Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes.

  (b)   To continue to qualify as the County’s Workforce Development Organization, a nonprofit Corporation’s articles of incorporation and bylaws must comply with all requirements of this Article.

  (c)   Any designation under this Section expires at the end of the fifth full fiscal year after the resolution is adopted unless the Council extends the designation by adopting another resolution under this Section.

  (d)   The Council at any time may suspend or revoke the designation of a corporation or a public educational institution, or both, as the County’s Workforce Development Organization by resolution, adopted after at least 15 days public notice that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 6 Councilmembers.

**Sec. 15A-10.Board of Directors or Board of Trustees.**

  (a)   The chief executive officer of the Workforce Development Organization must serve as the executive director of the County’s Workforce Development Board and the staff of the Workforce Development Organization must also staff the County’s Workforce Development Board.

  (b)   Each voting member of the Board of Directors of a nonprofit corporation designated as the County’s Workforce Development Organization must be either a resident of the County or a senior manager in a for-profit or nonprofit entity that has a significant presence in the County.

  (c)   A member must not be paid for service on the Board of Directors of a nonprofit corporation designated as the County's Workforce Development Organization but may be reimbursed for necessary travel expenses.

  (d)   A member of the Board of Directors of a nonprofit corporation is not subject to Chapter 19A because of serving on the Board.  The Workforce Development Organization’s bylaws or other governing laws must protect against any conflict of interest or similar impropriety by members of the Board of Directors or the Executive Director or any other employees.  The bylaws or other governing laws must include:

    (1)   a prohibition against self-dealing and collusive practices;

    (2)   a provision for the disclosure of a financial or similar interest of any person in any matter before the corporation that would create a conflict of interest;

    (3)   a provision establishing conditions under which a person is disqualified from participating in decisions or other actions in which there is a conflict between the person’s official duties and private interests;

    (4)   appropriate remedies for a violation of the bylaws, including removal or termination; and

    (5)   a policy to protect whistleblowers.

  (e)   Notwithstanding any inconsistent provision of County Code Section 19A-21, a member of the Board of Directors or a staff member of the Workforce Development Organization who engages in legislative, administrative, or executive advocacy as part of that person’s duties is not required to register as a lobbyist under Article V of Chapter 19A because of that advocacy.

  (f)   The Board of Directors of a nonprofit corporation or the governing body of a public educational institution must direct the program, management, and finances of the Workforce Development Organization.

**Sec. 15A-11. Status; incorporation; bylaws.**

  (a)   To qualify as the County’s Workforce Development Organization, a nonprofit Corporation’s articles of incorporation must provide that the Corporation is:

    (1)   a Maryland nonprofit, non-stock corporation, the purposes and activities of which are limited to those that are permitted to be promoted or performed by a corporation that is recognized as exempt from federal income tax under 26 U.S.C. § 501, as amended;

    (2)   not an instrumentality of the County;

    (3)   incorporated for the purpose of serving as the County’s Workforce Development Organization and implementing the County’s workforce development policies, as established by the Workforce Development Board;

    (4)   organized and operated under the laws of the State of Maryland; and

    (5)   headquartered in the County.

  (b)   The bylaws of a nonprofit corporation designated as the County’s Workforce Development Organization may contain any provision necessary to govern and manage the Corporation that does not conflict with this Article.  The Corporation may exercise all powers and is subject to all requirements which apply to non-stock corporations under the Corporations and Associations Article of the Maryland Code.

  (c)   A public educational institution designated as the County’s Workforce Development Organization must be created under the laws of Maryland and headquartered in the County.

**Sec. 15A-12. Workforce development program.**

  (a)   The Workforce Development Organization must recommend workforce development programs and associated performance measures to the Executive, Council, and Workforce Development Board each year to advance the policy objectives listed in Section 15A-8.

  (b)   The Workforce Development Organization’s workforce development programs may include a plan for sponsorship of private investment, marketing, and advocacy initiatives.

  (c)   The Workforce Development Organization should make every effort to include in its workforce development programs a pre-apprenticeship job training program that:

    (1)   is designed to prepare individuals to enter and succeed in an apprenticeship program registered by the Maryland Apprenticeship and Training Council; and

    (2)   includes:

      (A)   training and curriculum that prepares participants with the skills and competencies to enter one or more of the Maryland-registered apprenticeship programs that prepare workers for careers in the clean energy and environment industry, including jobs related to:

        (i)   renewable energy;

        (ii)   energy efficiency;

        (iii)   energy storage;

        (iv)   resource conservation;

        (v)   environmental protection; and

        (vi)   advanced transportation;

      (B)   a documented strategy for increasing apprenticeship opportunities for underemployed and unemployed individuals; and

      (C)   rigorous performance and evaluation methods to ensure program efficacy and continuous improvement.

  (d)   The Workforce Development Organization’s governing body and staff must meet with the Executive, the Council, and the Workforce Development Board at least annually regarding the Workforce Development Organization’s activities and finances.

**Sec. 15A-13. Staff; support from County Government.**

  (a)   The Office of Management and Budget, the Department of Finance, and other departments of County government and County-funded agencies, if the Workforce Development Organization’s Board of Directors or governing body requests, should provide relevant economic data to the Organization.  The research division of the County Planning Board must provide research support to the Organization to the extent approved by the Council as part of the Planning Board’s work program.

  (b)   The Workforce Development Organization may raise public and private funds and may accept services from any source consistent with its purposes.

  (c)   The Workforce Development Organization must:

    (1)   make public data sets available on the web to:

      (A)   improve public knowledge of the Organization and its operations;

      (B)   further its mission; or

      (C)   increase its accountability and responsiveness; and

    (2)   provide the Executive, the Council, and the Workforce Development Board, upon request, all non-confidential data produced and received by the Organization, including research, economic data, and minutes of Board meetings.

**Sec. 15A-14. Report.**

  The Workforce Development Organization’s Board of Directors or governing body must report annually on the activities and finances of the Organization and provide an audited financial statement of the Organization to the Executive, the Council, and the Workforce Development Board by November 1 of each year.  The report must also include the Organization’s plan to solicit and receive additional public and private funding for its operations.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 16. Elections.

### Article I. Election Districts.

**Sec. 16-1. Number and boundaries of election districts.**

  The county is divided into 13 election districts. The boundaries of the 13 election districts are as follows.

  (a)   Election District No. 1. All land within the following boundaries beginning at the intersection of the boundary line of Montgomery County and Howard County and the center line of Georgia Avenue (Md. Route 97); thence southerly along the center line of said road to its intersection with Hawlings River; thence meandering westerly along the center line of said river to its intersection with Zion Road; thence southerly along the center line of said road to its intersection with Brookeville Road; thence westerly along the center line of said road to its junction with Olney-Laytonsville Road (Md. Route 108); thence northwesterly along the center line of said road to its junction with Muncaster Road; thence southwesterly along the center line of said road to its intersection with Muncaster Mill Road (Md. Route 115); thence northwesterly along the center line of said road to its intersection with Gaithersburg-Laytonsville Road (Md. Route 124) where it continues as Snouffers School Road; thence northwesterly along the center line of said road to its intersection with Goshen Road where it continues as Wightman Road; thence northwesterly along the center line of said road to its junction with Brink Road; thence continuing northwesterly along the center line of said road to its intersection with Great Seneca Creek; thence meandering northeasterly along the center line of said creek to its junction with Jarl Drive; thence northeasterly along the center line of said road to its junction with Damascus Road (Md. Route 108); thence northwesterly along the center line of said road to its junction with Mullinix Mill Road; thence northeasterly along the center line of said road to the Montgomery County and Howard County boundary line; thence southeasterly along said boundary line to its intersection with Georgia Avenue, the point of beginning.

  (b)   Election District No. 2. All land within the following boundaries beginning at the intersection of the center line of Darnestown-Germantown Road (Md. Route 118) and the center line of Clopper Road (Md. Route 117); thence northwesterly along the center line of said Clopper Road to its junction with White Ground Road and Barnesville Road (Md. Route 117); thence north and immediately northwesterly along the center line of said Barnesville Road to its junction with Slidell Road; thence northerly along the center line of said road to its intersection with Comus Road; thence westerly along the center line of said road to its intersection with Peach Tree Road; thence northeasterly and northwesterly along the center line of said road to its junction with Old Hundred Road (Md. Route 109); thence westerly along the center line of said road to its convergence with the boundary line of Montgomery County and Frederick County; thence northeast along said boundary line to its intersection with Prices Distillery Road; thence southeasterly along the center line of said road to its junction with Burnt Hill Road; thence southwesterly along the center line of said road to its junction with Kingstead Road; thence easterly along the center line of said road to its junction with Kings Valley Road; thence southeasterly along the center line of said road to its intersection with Ridge Road (Md. Route 27); thence southerly along the center line of said road to its intersection with Davis Hill Road; thence southwesterly along the center line of said road to its junction with Huntmaster Road; thence southerly along the center line of said road to its immediate intersection with Great Seneca Creek; thence meandering southerly along said creek to its intersection with Brink Road; thence northwesterly along the center line of said road to its intersection with Ridge Road; thence southwesterly along the center line of said road to its junction with Frederick Road (Md. Route 355); thence southerly along the center line of said road to its junction with Darnestown-Germantown Road; thence southwesterly along the center line of said road to its intersection with the center line of Clopper Road, the point of beginning.

  (c)   Election District No. 3. All land within the following boundaries beginning at a point centered in the mouth of Seneca Creek, which lies between Tschiffely Mill Road to the west and Riley's Lock Road to the east; thence meandering northerly along said Seneca Creek to its intersection with Darnestown Road (Md. Route 28); thence westerly and northwesterly along the center line of said road to its junction with Dickerson Road (Md. Route 28); thence northerly along the center line of said road to its intersection with the boundary line of Montgomery County and Frederick County; thence southwesterly along said boundary line to its junction with the boundary line of Montgomery County and Loudoun County (Virginia); thence meandering southwesterly and southeasterly along said boundary line on the westerly side of the Potomac River to a point on the south side of the Potomac River directly opposite the mouth of Seneca Creek; thence north directly across said river to the center of the mouth of Seneca Creek, the point of beginning.

  (d)   Election District No. 4. All land within the following boundaries beginning at the junction of Muncaster Mill Road (Md. Route 115) and Redland Road; thence southeasterly along the center line of said Muncaster Mill Road to its intersection with the North Branch of Rock Creek; thence meandering southwesterly along the center line of said branch to its confluence with Lake Bernard Frank; thence southwesterly along the center line of said lake to its confluence with the north branch of Rock Creek; thence southwesterly along the center line of said branch to its confluence with Rock Creek; thence meandering southerly along the center line of said creek to its intersection with Beach Drive northeast of and immediately proximate to Pooks Hill Interchange; thence westerly and northwesterly along the center line of said Beach Drive to its intersection with Rockville Pike (Md. Route 355) and Grosvenor Lane; thence westerly across said Rockville Pike along the center line of Grosvenor Lane to its intersection with Interstate Highway 270; thence northwesterly along the center line of said highway to its intersection with Old Georgetown Road (Md. Route 187); thence southerly along the center line of said road to its junction with Democracy Boulevard; thence westerly along the center line of said road to its intersection with Interstate Highway 270 Spur; thence northerly along the center line of said spur to its intersection with Tuckerman Lane; thence westerly along the center line of said road to its junction with Falls Road (Md. Route 189); thence northeasterly along the center line of said road to its intersection with the PEPCO power line right-of-way; thence westerly along the southern boundary of said right-of-way to its intersection with Piney Meetinghouse Road; thence northerly along the center line of said road to its junction with Travilah Road; thence northeasterly along the center line of said road to its junction with Darnestown Road (Md. Route 28); thence easterly along the center line of said road to its intersection with Shady Grove Road; thence northerly along the center line of said road to its junction with the center line of Redland Road; thence southeasterly and northeasterly along the center line of said road to its junction with Muncaster Mill Road, the point of beginning.

  (e)   Election District No. 5. All land within the following boundaries beginning at the intersection of the center line of Northwest Branch Creek and the boundary line of Montgomery County and Prince George's County; thence meandering northwesterly along the center line of said Northwest Branch Creek, to its intersection with Bonifant Road; thence westerly along the center line of said road to the west boundary of Northwest Branch Park; thence northerly and westerly along the boundary of said park to its junction with Layhill Road (Md. Route 182); thence northerly along the center line of said road to its intersection with Norwood Road (Md. Route 182) and Ednor Road; thence northeasterly along the center line of Ednor Road to its intersection with the boundary line of Montgomery County and Howard County; thence meandering southeasterly along the boundary line of said counties to its junction with the boundary line of Montgomery County and Prince George's County; thence southwesterly along the boundary line of said counties to its intersection with Northwest Branch Creek, the point of beginning.

  (f)   Election District No. 6. All land within the following boundaries beginning at the junction of Travilah Road and Darnestown Road (Md. Route 28); thence northwesterly along the center line of said Darnestown Road to its intersection with Quince Orchard Road (Md. Route 124); thence northerly along the center line of said road to its junction with Longdraft Road; thence northerly along the center line of said road to its intersection with the northeasterly boundary of Seneca Creek State Park; thence meandering northwesterly along the boundary of said park to its intersection with Clopper Road (Md. Route 117); thence northwesterly along the center line of said road to its junction with White Ground Road and Barnesville Road (Md. Route 117); thence northwesterly and southerly along the center line of said White Ground Road to its junction with Darnesville Road; thence southeasterly along said road to its intersection with Seneca Creek; thence meandering southerly along the center line of said creek to its confluence with the Potomac River; thence continuing south along a prolongation across the Potomac River to the boundary line of Montgomery County and Loudoun County (Virginia); thence meandering southeasterly along said boundary line and its continuance as the boundary line of Montgomery County and Fairfax County (Virginia) to a point on said boundary line directly opposite a prolongation from the center line of Swains Lock Road; thence northeasterly across the Potomac River along said prolongation and circumscribing the southern portion of Gladys Island to the center line of Swains Lock Road; thence northeasterly along the center line of said road to its junction with River Road (Md. Route 190); thence southeasterly along the center line of said road to its junction with Piney Meetinghouse Road; thence northerly along the center line of said road to its junction with Travilah Road; thence northerly along the center line of said road to its junction with Darnestown Road, the point of beginning.

  (g)   Election District No. 7. All land within the following boundaries beginning at the junction of the boundary lines of Montgomery County, the District of Columbia and Fairfax County (Virginia); thence northeasterly along the boundary line of Montgomery County and the District of Columbia to its intersection with Rock Creek; thence meandering northwesterly along the center line of said Rock Creek to the point where Beach Drive crosses over said main branch of Rock Creek northeast of and immediately proximate to the Pooks Hill Interchange; thence northwesterly along the center line of said Beach Drive to its intersection with Rockville Pike (Md. Route 355) and Grosvenor Lane; thence west across said Rockville Pike along the center line of Grosvenor Lane to its intersection with Interstate Highway 270; thence northwesterly along the center line of said highway to its intersection with Old Georgetown Road (Md. Route 187); thence southerly along the center line of said road to its junction with Democracy Boulevard; thence westerly along the center line of the right-of-way of said boulevard to its intersection with Interstate Highway 270 Spur; thence southerly along said spur to its junction with Interstate Highway 495; thence southerly along said highway to its intersection with the boundary line of Montgomery County and Fairfax County (Virginia); thence meandering southeasterly along said boundary on the south side of the Potomac River to its junction with the boundary line of Montgomery County and the District of Columbia, the point of beginning.

  (h)   Election District No. 8. All land within the following boundaries beginning at the intersection of Rock Creek and Norbeck Road (Md. Route 28); thence northeasterly along the center line of said Norbeck Road to its junction with Layhill Road (Md. Route 182); thence northeasterly along the center line of said road to its intersection with Norwood Road; thence northeasterly along the center line of Ednor Road to its intersection with the boundary line of Montgomery County and Howard County; thence northwesterly along said line to its intersection with Georgia Avenue (Md. Route 97); thence southerly along the center line of said road to its intersection with Hawlings River; thence meandering westerly along the center line of said river to its intersection with Zion Road; thence southerly along the center line of said road to its intersection with Brookeville Road; thence westerly along the center line of said road to its junction with Olney-Laytonsville Road (Md. Route 108); thence northwesterly along the center line of said road to its junction with Muncaster Road; thence southerly along the center line of said road to its intersection with Muncaster Mill Road (Md. Route 115); thence southeasterly along the center line of said road to its intersection with the North Branch of Rock Creek; thence meandering southwesterly along said branch to its confluence with Lake Bernard Frank; thence southwesterly along the center line of said lake to its confluence with the North Branch of Rock Creek; thence southwesterly along the center line of said branch to its confluence with Rock Creek; thence southerly along the center line of said creek to the intersection of Rock Creek and Norbeck Road, the point of beginning.

  (i)   Election District No. 9. All land within the following boundaries beginning at the intersection of Interstate Highway 270 and Shady Grove Road; thence southerly along the center line of said Shady Grove Road to its junction with Darnestown Road (Md. Route 28); thence northwesterly along the center line of said road to its intersection with Quince Orchard Road (Md. Route 124); thence northerly along the center line of said road to its junction with Longdraft Road; thence northerly along the center line of said road to its intersection with the northeastern boundary line of Seneca Creek State Park; thence meandering northwesterly along said boundary line to its intersection with Clopper Road (Md. Route 117); thence northwesterly along the center line of said road to its intersection with Darnestown-Germantown Road (Md. Route 118); thence northeasterly along the center line of said road to its junction with Frederick Road (Md. Route 355); thence northerly along the center line of said road to its junction with Ridge Road (Md. Route 27); thence northeasterly along the center line of said road to its intersection with Brink Road; thence southeasterly along the center line of Brink Road continuing as Wightman Road to its intersection with Goshen Road where it continues as Snouffers School Road (Md. Route 115); thence southeasterly along the center line of said road to its intersection with Gaithersburg-Laytonsville Road (Md. Route 124) where it continues as Muncaster Mill Road (Md. Route 115); thence southeasterly along the center line of said road to its intersection with Muncaster Road and Redland Road; thence southwesterly along the center line of said Redland Road to its junction with Shady Grove Road; thence southerly along the center line of said road to its intersection with Interstate Highway 270, the point of beginning.

  (j)   Election District No. 10. All land within the following boundaries beginning at a point on the boundary line of Montgomery County and Fairfax County (Virginia) located directly opposite an extension of the center line of Swains Lock Road; thence northeasterly from the same extension on said boundary line across the Potomac River and circumscribing the southern portion of Gladys Island to the center point of Swains Lock Road; thence northeasterly along the center line of said road to its junction with River Road (Md. Route 190); thence southeasterly along the center line of said road to its junction with Piney Meetinghouse Road; thence northerly along the center line of said road to its intersection with the PEPCO power line right-of-way; thence easterly along the southern boundary of said right-of-way to its intersection with Falls Road (Md. Route 189); thence southwesterly along the center line of said road to its intersection with Falls Chapel Way and Tuckerman Lane; thence easterly along the center line of said Tuckerman Lane to its intersection with Interstate Highway 270; thence southerly along the center line of said highway to its junction with Interstate Highway 270 Spur; thence southerly along the center line of said spur to its junction with Interstate Highway 495; thence southerly along the center line of said highway to its intersection with the boundary line of Montgomery County and Fairfax County (Virginia); thence meandering northwest along said boundary line to a point located directly opposite the center line of Swains Lock Road, the point of beginning.

  (k)   Election District No. 11. All land within the following boundaries beginning at the intersection of Darnestown Road (Md. Route 28) and White Ground Road; thence northwesterly along the center line of said Darnestown Road to its junction with Martinsburg Road and Dickerson Road (Md. Route 28); thence northeasterly along the center line of Dickerson Road to its intersection with the boundary line of Montgomery County and Frederick County; thence northeasterly along said boundary line to its convergence with Old Hundred Road (Md. Route 109); thence easterly along the center line of said road to its junction with Peach Tree Road; thence southerly along the center line of said road to its intersection with Comus Road; thence easterly along the center line of said road to its intersection with Slidell Road; thence southerly along the center line of said road to its junction with Barnesville Road (Md. Route 117); thence southeasterly along the center line of said road to its junction with White Ground Road and Clopper Road (Md. Route 117); thence northwest and southerly along the center line of White Ground Road to its junction with the center line of Darnestown Road, the point of beginning.

  (l)   Election District No. 12. All land within the following boundaries beginning at the intersection of the boundary line of Montgomery County and Frederick County and Prices Distillery Road; thence southeasterly along the center line of said road to its junction with Burnt Hill Road; thence southerly along the center line of said road to its junction with Kingstead Road; thence east along the center line of said road to its intersection with Kings Valley Road; thence southeasterly along the center line of said road to its intersection with Ridge Road (Md. Route 27); thence southerly along the center line of said road to its junction with Davis Mill Road; thence southeasterly along the center line of said road to its junction with Huntmaster Road; thence southeasterly along the center line of said road to its immediate intersection with Great Seneca Creek; thence meandering northerly along the center line of said creek to its junction with Jarl Drive; thence northerly along the center line of said road to its junction with Damascus Road (Md. Route 108); thence northwesterly along the center line of said road to its junction with Mullinix Mill Road; thence northeasterly along the center line of said road to its junction with the boundary line of Montgomery County and Howard County; thence northerly and northeasterly along said boundary line to its convergence with the boundary line of Montgomery County and Frederick County; thence southwesterly along the boundary line of Montgomery County and Frederick County to its intersection with Prices Distillery Road, the point of beginning.

  (m)   Election District No. 13. All land within the following boundaries beginning at the junction of the boundary lines of Montgomery County, Prince George's County and the District of Columbia; then northeasterly, north, northwesterly, and northeast along the boundary line of Montgomery County and Prince George's County to its intersection with Northwest Branch; then meandering northwesterly along the center line of Northwest Branch to its intersection with Bonifant Road; then westerly along the center line of Bonifant Road to its junction with the west boundary line of Northwest Branch Park; then northerly along that boundary line to its junction with Layhill Road (Md. Route 182); then northerly along the center line of Layhill Road to its junction with Norbeck Road (Md. Route 28); then southwesterly along the center line of Norbeck Road to its intersection with Rock Creek; then meandering southerly along the center line of Rock Creek to its intersection with the boundary line of Montgomery County and the District of Columbia; then northeasterly along that boundary line to the northernmost apex of the District of Columbia; then southeasterly along the boundary line of Montgomery County and the District of Columbia to its junction with the boundary line of Montgomery County and Prince George's County, the point of beginning.

**Sec. 16-2. Boundaries of Council districts.**

  The boundaries of the 7 Council districts required under Section 103 of the County Charter are shown on a Geographic Information Systems (GIS) map located on the Council’s website and identified as the 2021 Approved Council District Map.

**Sec. 16-3. Reserved.**

### Article II. Referenda.

#### Division 1. Generally.

**Sec. 16-4. Conducted by Board of Elections.**

  The County Board of Elections must conduct any referendum on any County law as provided in section 115 of the County Charter.

**Sec. 16-5. Petition-Form.**

  A petition for a referendum on any legislation, or part thereof, enacted by the Council and subject to referendum under the charter, shall be composed of one or more sheets, each in substantially the following form:

"REFERENDUM PETITION"

  "We, the undersigned registered voters of Montgomery County, Maryland, do hereby petition for a referendum vote on [the provisions (identifying them briefly) of] the act entitled ‘An Act [inserting title],’ enacted by the County Council for Montgomery County, Maryland, at its [insert month and year] legislative session."

**Sec. 16-6. Same-Signatures, etc.**

  Following the petition, there shall be the signatures of the petitioners who shall be registered voters of the County. Opposite the signature of each signer, there shall appear the residential address of the signer in the county. Below the signature of each signer, the signer's name shall appear in print or type lettering.

  Below the signatures on each sheet of the petition, there shall appear an affidavit stating that each signature on the sheet was affixed in the presence of the affiant and that each signature is the signature of the signer affixed by voluntary act of the signer.

  All sheets duly filed of a petition for a referendum on the same act shall constitute a single petition for a referendum on that act. The total number of signatures of different registered voters attached to the sheets constituting a single petition shall be not less than the number required by the charter. The number of required signatures must be computed by using the number of registered voters shown in the records of the board of supervisors of elections on the day the act becomes law.

**Sec. 16-7. Same-Filing.**

  All sheets of a referendum petition shall be filed with the board of election supervisors, not later than the date prescribed in the charter.

**Sec. 16-8. Notice to Council and County Executive; public notice; date of election.**

  (a)   The Board must promptly notify the President of the Council and the County Executive of any referendum petition filed with it and whether the petition is a valid petition requiring a referendum to be held under the Charter.

  (b)   If notified that the petition requires a referendum to be held under the Charter, the President of the Council must notify the public by advertisement in a newspaper of general circulation in the County that the law, unless it is an expedited law, is not in effect pending a referendum on it.

  (c)   The referendum must be held at the next regular election for any state or federal officer for which the ballot has not already been approved, or at a special election to be held on a date designated by the County Executive within 30 days after the Executive received notice under this Section from the Board.

  (d)   The Board must conduct any referendum and must use the same voting machines or ballots as it uses for other elections.

**Sec. 16-9. Form of question on voting machine or ballots.**

  The question on the voting machine or ballots shall appear as follows: "Shall the [insert brief informative description of Act] Act become law?" If the referendum relates only to a part of an act then the question shall appear as follows: "Shall the provisions [identifying them briefly] of the [insert brief informative description of act] Act becomes law?" The vote shall be by "yes" or "no" on the question.

**Sec. 16-10. Return of election returns; public notice.**

  (a)   After the election the Board must promptly notify the Clerk of the Council and the County Executive of the “yes” and “no” votes cast on the question.

  (b)   Promptly after receiving the notice of the votes, the Clerk of the Council must notify the public by advertisement in a newspaper of general circulation in the County of the result, and if the law is approved, of its effective date.

#### Division 2. Amendment of Charter.

**Sec. 16-11. Petition-Form.**

  Any petition of the voters for an amendment of the charter shall be composed of one (1) or more sheets, each in substantially the following form:

----------

"PETITION FOR AMENDMENT OFMONTGOMERY COUNTY CHARTER"

  "We, the undersigned registered voters of Montgomery County, Maryland, do hereby petition for a referendum vote at the next regular, general or congressional election occurring after the filing of this petition on the following proposed amendment of the Montgomery County charter: (setting forth the complete text of proposed amendment)."

**Sec. 16-12. Same-Information required; signatures.**

  (a)   Following such petition, there shall be the signatures of the petitioners who shall be registered voters of the county. Opposite the signature of each signer, which shall be written by himself in his own handwriting and not by his mark, there shall appear his residence address, including post office, and the district and precinct in which he is a registered voter. Below the signature of each signer his name shall be copied in print lettering by hand or mechanical means.

  (b)   Below the signatures there shall appear an affidavit made before a notary public or other person authorized to administer oaths in the state stating that each signature on the sheet was affixed in the presence of the affiant, that each such signature is the signature of the signer, that each signer is a registered voter of the county, and that each signer affixed his signature as his voluntary act. Any one (1) affidavit may apply to or cover any number of signatures to the petition.

  (c)   All sheets of a petition duly filed for a referendum on a proposed amendment shall constitute a single petition for such referendum on that amendment. The total number of signatures of different registered voters attached to the sheets constituting a single petition shall be not less than that number required by the charter if under the constitution of Maryland the charter controls, otherwise as provided in the constitution.

**Sec. 16-13. Same-Filing of petition; publication of amendment.**

  All sheets of a referendum petition shall be filed with the county executive on or before the date prescribed by public general law of the state or the charter of the county, whichever shall be applicable. If such date is not prescribed by public general law or charter, then such filing shall occur not later than sixty (60) days preceding the date of the next regular, general or congressional election at which such proposed amendment is to be submitted to the voters of the county. Within seven (7) days after such filing, the county executive shall forward such petition to the board of supervisors of elections, which shall notify the council and the county executive whether or not such petition is valid. If notified that the petition so filed is a valid petition requiring a referendum thereon, the county executive shall cause such amendment to be published once a week for five (5) successive weeks prior to the election at which it is to be voted upon, in at least one (1) newspaper published in the county. Such publication shall also state that the amendment will be submitted to the voters for their approval or rejection at the next regular, general or congressional election, as the case may be, and shall state the date of such election.

**Sec. 16-14. Proposal of amendments by council.**

  Any resolution adopted by the Council proposing an amendment to the Charter must include the complete text of the proposed amendment. After adoption of the resolution, a true copy certified by the Clerk of the Council must be filed with the Board of Supervisors of Elections on or before the date prescribed by state law or the Charter, whichever applies. The County Executive must publish notice of the proposed amendment in the same manner as provided in Section 16-13 for publication of an amendment proposed by petition.

**Sec. 16-15. Returns of election; public notice of results.**

  Following the election the board of supervisors of elections shall promptly make a return to the president of the council of the number of votes cast for the amendment and of the number of votes cast against the amendment. If, at such election, the majority of the votes cast for and against the amendment shall be in favor thereof, the amendment shall be adopted and become a part of the charter from and after the thirtieth day after such election. Promptly after the return of the votes, the president of the council shall give public notice of the result thereof in such manner as he shall determine, and if the proposed amendment is adopted, of the effective date thereof.

**Sec. 16-16. Referendum procedure.**

  The Board of Supervisors of Elections shall conduct a referendum of any amendment proposed pursuant to public general law, the charter or to the constitution of Maryland as may be applicable and the provisions of this article, and shall use the same voting machines or ballots, as are used by it in the regular, general or congressional election at which such proposed amendment is submitted to the voters. There shall appear in print on the voting machine or ballot a ballot title of the proposed amendment which shall be prepared by the Council in such form as to present the purpose and substance of the amendment fairly and concisely. Such ballot title shall be filed with the Board on or before the date prescribed by public general law of the state or the charter of the County, whichever shall be applicable. If such date is not prescribed by public general law or the charter, then such filing shall occur not later than sixty (60) days preceding the date of the next regular, general or congressional election at which such proposed amendment is to be submitted to the voters of the County. The question on the voting machine or ballot shall follow the ballot title, and shall be stated as follows: "For the Amendment" and "Against the Amendment." When two (2) or more amendments are submitted at the same election they shall be submitted so that each may be voted upon separately.

### Article III. Special Elections.

**Sec. 16-17. Council vacancy, Executive vacancy - election required.**

  (a)   In this Section, the following words have the meanings indicated:

    Board means the Montgomery County Board of Elections.

    Council vacancy means a vacancy on the County Council that must be filled by a special election under this Section.

    Executive vacancy means a vacancy in the Office of the County Executive that must be filled by a special election under this Section.

    Special election means the combination of a special primary election and a special general election conducted under this Section.

    State law means the Election Law Article of the Maryland Code, as amended from time to time, any successor provision, and any other relevant provision of state law.

  (b)

    (1)   A vacancy on the Council or an Executive vacancy that occurs before December 1 of the year before a year in which a quadrennial state election will be held must be filled by a special election as provided in this Section.

    (2)   For a Council vacancy, the special election must be conducted among the registered voters of the Council district represented by the previous member, or among the registered voters of the entire County when the previous member did not represent a Council district.

    (3)   For an Executive vacancy, the special election must be conducted among the registered voters of the entire County.

    (4)   The person elected to fill a Council vacancy or an Executive vacancy must meet the same qualifications and residence requirements, but need not be registered to vote in the same political party, as the previous office holder.

    (5)   The Councilmember or the Executive elected at a special election serves:

      (A)   from the date the person elected takes the oath of office after the Board (sitting as a Board of Canvassers under state law) certifies the result of the special election; and

      (B)   for the rest of the unexpired term of the previous office holder.

  (c)   Except as otherwise provided in this Section, and to the extent applicable:

    (1)   The special election must be conducted in a manner consistent with provisions of state law that govern special elections to fill vacancies in the office of representative in Congress.  The deadlines and time periods required under those provisions of state law apply to a special Council election or a special Executive election unless the Council, acting under subsection (d) or subsection (e), expressly modifies them.

    (2)   Except as provided in paragraph (1), the general provisions of state and County law that govern quadrennial elections for Councilmembers and the Executive apply to the special election conducted under this Section.

  (d)

    (1)   Within 30 days after a Council vacancy or an Executive vacancy occurs, the Council must adopt a resolution that:

      (A)   sets the dates of the special primary election and the special general election;

      (B)   sets the timeline for certification of a candidate for public campaign financing for the special primary election and the special general election; and

      (C)   takes any other action authorized by this Section or state law.

If a Councilmember or the Executive submits a resignation with a later effective date, the vacancy occurs when the Council receives the resignation.

    (2)   Notwithstanding subsection (c)(1), if the Council vacancy or the Executive vacancy occurs during the period beginning 120 days before the next regular or special primary or general election conducted in the County under state law and ending 40 days before that election, the special primary election provided for by this Section must be held on the same date as the other election.  If a second regular or special primary or general election conducted in the County under state law is held more than 30 but less than 60 days after the special primary election referred to in the preceding sentence, the special general election held under this Section must be held on the same date as the second other election.

    (3)   Notwithstanding any other provision of law, a special primary or special general election under this Section must not be held within 30 days before or after any regular or special primary or general election conducted in the County under state law.

  (e)   If the Board advises the Council in writing that certain deadlines or other time periods provided by state law cannot be complied with in a special election held under this Section, or that compliance with those deadlines or time periods would be unreasonable or burdensome, the Council may in the resolution set other deadlines or time periods appropriate for the special election held under this Section.

  (f)   Immediately after adopting a resolution under this Section, the Council must deliver the resolution to the Board.

  (g)   Within 7 calendar days after adopting the resolution, the Council must publish a notice that a vacancy has occurred in at least one newspaper of general circulation in the County.  The notice must specify:

    (1)   the dates of the special primary election and the special general election; and

    (2)   the procedures under which a person may be nominated to fill the vacancy.

  (h)

    (1)   An individual who has filed a certificate of candidacy for the special election may, by 5 p.m. on the second business day after the deadline for filing certificates of candidacy, withdraw the certificate on a form prescribed by the Board.

    (2)   A candidate to whom a certificate of nomination is issued may, by 5 p.m. on the second business day after the certificate of nomination is issued, decline the nomination by filing a certificate of declination on a form prescribed by the Board.

  (i)   The Board must identify the costs it incurred in holding a special election under this Section and submit a request for a supplemental appropriation to the Director of the Office of Management and Budget within 60 days after the special general election.

### Article Iv. Public Campaign Financing.

**Sec. 16-18. Definitions.**

  In this Article, the following terms have the meanings indicated:

  Applicant candidate means a person who is running for a covered office and who is seeking to be a certified candidate in a primary or general election.

  Board means the Maryland State Board of Elections.

  Campaign finance entity means a political committee established under Title 13 of the Election Law Article of the Maryland Code, as amended.

  Certified candidate means a candidate running for a covered office who is certified as eligible for public campaign financing from the Fund.

  Consumer Price Index means the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.

  Contested election means an election in which there are more candidates for an office than the number who can be elected to that office. Contested election includes a special election held to fill a vacancy in a covered office under Section 16-17.

  Contribution means the gift or transfer, or promise of gift or transfer, of money or other thing of value to a campaign finance entity to promote or assist in the promotion of the success or defeat of a candidate, political party, or question. Contribution includes proceeds from the sale of tickets to a campaign fund-raising event as defined in Section 1-101 of the Election Law Article of the Maryland Code, as amended.

  County Board means the Montgomery County Board of Elections.

  Covered office means the office of County Executive or County Councilmember.

  Director means the Director of the Department of Finance or the Director’s designee.

  Distribution period means the period of time beginning 365 days before the primary election for the office the candidate seeks and ending 30 days after the date of the general election. The distribution period for a special election under Section 16-17 must be set by Council resolution.

  Election cycle means the primary and general election for the same term of a covered office.

  Eligible contribution means an aggregate donation in a 4-year election cycle of $500, as adjusted under Section 16-23(j), or less from an individual, including an individual who does not reside in the County.

  Fund means the Public Election Fund.

  Noncertified candidate means a person who is running for a covered office who either:

    (1)   chooses not to apply to be a certified candidate; or

    (2)   applies to be a certified candidate but fails to qualify.

  Non-participating candidate means a person who is running for a covered office who is either a noncertified candidate or a certified candidate who declines to accept a public contribution.

  Participating candidate means a certified candidate who has received a public contribution from the Fund for a primary or general election.

  Public contribution means money disbursed from the Fund to a certified candidate.

  Publicly funded campaign account means a campaign finance account established by a candidate for the exclusive purpose of receiving eligible contributions and spending funds in accordance with this Article.

  Qualifying contribution means an eligible contribution of at least $5 but no more than $250 in support of an applicant candidate that is:

    (1)   made by a County resident;

    (2)   made after the beginning of the designated qualifying period, but no later than the respective election; and

    (3)   acknowledged by a receipt that identifies the contributor’s name and residential address and signed by the contributor directly or by a digital signature using a method approved by the Board.

  Qualifying contribution does not include an in-kind contribution of property, goods, or services.

  Qualifying period means the period of time beginning on January 1 following the last election for the office the candidate seeks and ending 45 days before the date of the primary election. The qualifying period for a special election under Section 16-17 must be set by Council resolution.

  Slate means a political committee of two or more candidates who join together to conduct and pay for joint campaign activities.

**Sec. 16-19. Public Election Fund established.**

  (a)   The Director must create a Public Election Fund. This Fund is continuing and non-lapsing.

  (b)   The Fund consists of:

    (1)   all funds appropriated to it by the County Council;

    (2)   any unspent money remaining in a certified candidate’s publicly funded campaign account after the candidate is no longer a candidate for a covered office;

    (3)   any public contribution plus interest returned to the Fund by a participating candidate who withdraws from participation;

    (4)   all interest earned on money in the Fund; and

    (5)   voluntary donations made directly to the Fund.

**Sec. 16-20. Collecting qualifying contributions.**

  (a)   Before raising any contribution governed by this Article, an applicant candidate must:

    (1)   file notice of intent with the Board on or before April 15 of the year of the election on a form prescribed by the Board; and

    (2)   establish a publicly funded campaign account for the candidate for the purpose of receiving eligible contributions and spending funds in accordance with this Article.

  (b)   Other than a contribution from an applicant candidate or the candidate’s spouse, an applicant candidate must not accept an eligible contribution from an individual greater than $500, as adjusted under Section 16-23(j).

  (c)   An applicant candidate must not accept a loan from anyone other than the candidate or the candidate’s spouse. An applicant candidate and the candidate’s spouse together must not contribute or lend a combined total of more than $12,000 to the candidate’s publicly funded campaign account.

**Sec. 16-21. Requirements for certification.**

  (a)   To qualify as a certified candidate:

    (1)   a candidate for Executive must collect from County residents at least:

      (A)   500 qualifying contributions; and

      (B)   an aggregate total of $40,000;

    (2)   a candidate for At-Large Councilmember must collect from County residents at least:

      (A)   250 qualifying contributions; and

      (B)   an aggregate total of $20,000; and

    (3)   a candidate for District Councilmember must collect from County residents at least:

      (A)   125 qualifying contributions; and

      (B)   an aggregate total of $10,000.

  (b)   An applicant candidate must deposit all eligible contributions received into the candidate’s publicly funded campaign account. An applicant candidate must deliver to the Board a copy of a receipt for each qualifying contribution.

  (c)   A candidate must apply to the Board for certification during the qualifying period.

**Sec. 16-22. Board determination.**

  (a)   The Board must certify an applicant candidate if the Board finds that the candidate has received the required number of qualifying contributions and the required aggregate total dollars for the office no later than 10 business days after receiving:

    (1)   a declaration from the candidate agreeing to follow the regulations governing the use of a public contribution;

    (2)   a campaign finance report that includes:

      (A)   a list of each qualifying contribution received;

      (B)   a list of each expenditure made by the candidate during the qualifying period; and

      (C)   the receipt associated with each contribution and expenditure; and

    (3)   a certificate of candidacy for a covered office.

  (b)   The decision by the Board whether to certify a candidate is final.

  (c)   A candidate may submit only one application for certification for any election. A candidate may correct any mistakes in the application for certification or supplement their application with additional qualifying contributions within the earlier of:

    (1)   10 business days after receiving notice that the Board denied the application; or

    (2)   the end of the qualifying period.

  (d)   If the Board certifies a candidate, the Board must authorize the Director to disburse a public contribution to the candidate’s publicly funded campaign account.

  (e)   A candidate that submits a notice of intent under Section 16-20, but fails to qualify as a certified candidate is deemed a non-participating candidate and is not bound by the requirements of this Article.

**Sec. 16-23. Distribution of public contribution.**

  (a)   Matching amounts. The Director must distribute a public contribution from the Fund to each certified candidate in a contested election only during the distribution period as follows:

    (1)   for a certified candidate for County Executive, the matching dollars must equal:

      (A)   $7 for each dollar of a qualifying contribution received for the first $50 of each qualifying contribution;

      (B)   $4 for each dollar of a qualifying contribution received for the second $50 of each qualifying contribution;

      (C)   $2 for each dollar of a qualifying contribution received for the third $50 of each qualifying contribution; and

      (D)   $0 for each dollar of a qualifying contribution received for the remainder of each qualifying contribution; and

    (2)   for a certified candidate for County Council, the matching dollars must equal:

      (A)   $5 for each dollar of a qualifying contribution received for the first $50 of each qualifying contribution;

      (B)   $3 for each dollar of a qualifying contribution received for the second $50 of each qualifying contribution;

      (C)   $2 for each dollar of a qualifying contribution received for the third $50 of each qualifying contribution; and

      (D)   $0 for each dollar of a qualifying contribution received for the remainder of each qualifying contribution.

    (3)   The total public contribution payable to a certified candidate for either a primary or a general election must not exceed:

      (A)   $870,170 for a candidate for County Executive;

      (B)   $290,060 for a candidate for At Large Councilmember; and

      (C)   $145,030 for a candidate for District Councilmember.

  (b)   Non-matchable contributions. The Director must not distribute matching dollars from the Fund to a certified candidate for:

    (1)   a contribution from the candidate or the candidate’s spouse; or

    (2)   an in-kind contribution of property, goods, or services.

  (c)   Qualifying contribution limits. A certified candidate may continue to collect qualifying contributions and submit a request for a matching public contribution up to, and including, the day of a primary or a general election. A qualifying contribution must not exceed $500 from any individual in the aggregate during a 4-year election cycle.

  (d)   Availability of funds for distribution. On or before July 1 of the year preceding the primary election, the Director must determine if the amount in the Fund is sufficient to meet the maximum public contributions reasonably expected to be required during the next election cycle. If the Director determines that the total amount available for distribution in the Fund is insufficient to meet the allocations required by this Section, the Director must reduce each public contribution to a certified candidate by the same percentage of the total public contribution.

  (e)   General election distributions. Within 3 business days after the County Board certifies the results of the primary election, the Board must authorize the Director to continue to disburse the appropriate public contribution for the general election to each certified candidate who is certified to be on the ballot for the general election.

  (f)   Petition candidates. A certified candidate nominated by petition may receive a public contribution for the general election if:

    (1)   the candidate’s nomination is certified by the County Board; and

    (2)   the candidate did not participate in a primary election.

  (g)   Receipts required. A participating candidate must submit a receipt for each qualifying contribution to the Board to receive a public contribution. The Director must deposit the appropriate public contribution into a participating candidate’s publicly funded campaign account within 3 business days after the Board authorizes the public contribution.

  (h)   General election public contributions. A candidate may receive a matching public contribution during the general election for an unmatched qualifying contribution received during the primary election after the candidate has received the maximum public contribution for the primary election if the candidate is otherwise eligible to receive matching public contributions during the general election.

  (i)   Mistaken public contributions. If the Director mistakenly distributes a public contribution to a candidate greater than the candidate was entitled to receive, the candidate must repay the funds mistakenly distributed within 5 business days after being notified of the mistake. Any unspent funds returned to the County after an election may be used as a credit against any repayment required for a public contribution mistakenly received.

  (j)   Consumer Price Index adjustment.

    (1)   Effective July 1, 2028 and July 1 of each subsequent fourth year, the Chief Administrative Officer must adjust the public contribution limits established in Subsection (a)(3) of this Section, and the eligible contribution limit established in Section 16-20(d) and Subsection (c) of this Section.

    (2)   The Chief Administrative Officer must calculate each adjusted limit to the nearest multiple of $10.

    (3)   The adjusted limit must be equal to the current limit multiplied by the outcome of the most recent published Consumer Price Index at the time of the adjustment divided by the annual value of the Consumer Price Index from 4 calendar years prior to the current year.

    (4)   The Chief Administrative Officer must, by March 1 of the year preceding an adjustment:

      (A)   notify in writing the State Board of Elections and the County Council of the adjusted limits; and

      (B)   publish the adjusted limits on the County website.

**Sec. 16-24. Use of public contribution.**

  (a)   Except as provided in Section 16-27, a participating candidate may use the eligible contributions and the matching public contribution for a primary or general election only for expenses incurred for the election. A participating candidate must not pay in advance for goods and services to be used after certification with non-qualifying contributions received before applying for certification unless the expenditure is permitted by Executive regulation adopted under Section 16-21.

  (b)   A complaint alleging an impermissible receipt or use of funds by a participating candidate must be filed with the Board.

  (c)   A participating candidate must provide the Board with reasonable access to the financial records of the candidate’s publicly funded campaign account, upon request.

**Sec. 16-25. Withdrawal.**

  (a)   A certified candidate may withdraw an application for a public contribution any time before the public contribution is received by the candidate’s publicly funded campaign account.

  (b)   A participating candidate may withdraw from participation if the candidate:

    (1)   files a statement of withdrawal with the Board on a form prescribed by the Board; and

    (2)   repays to the Fund the full amount of the public contribution received, together with the applicable interest established by regulation.

**Sec. 16-26. Applicant and participating candidate restrictions.**

  An applicant candidate or a participating candidate must not:

  (a)   accept a private contribution from any group or organization, including a political action committee, a corporation, a labor organization, or a State or local central committee of a political party, except that an applicant candidate or a participating candidate may, subject to subsection (h), accept in-kind contributions from a State central committee of a political party, and from a Montgomery County central committee of a political party;

  (b)   accept private contributions from an individual in an aggregate greater than $500 during a 4-year election cycle, or the maximum amount of an eligible contribution, as adjusted by Section 16-23(j);

  (c)   pay for any campaign expense after filing a notice of intent with the Board to seek public funding with any campaign finance account other than the candidate’s publicly funded campaign account;

  (d)   be a member of a slate in any election in which the candidate receives a public contribution;

  (e)   accept a loan from anyone other than the candidate or the candidate’s spouse;

  (f)   solicit funds for a State or a Montgomery County central committee of a political party; or

  (g)   transfer funds:

    (1)   to the candidate’s publicly funded campaign account from any other campaign finance entity established for the candidate; and

    (2)   from the candidate’s publicly funded campaign account to any other campaign finance entity.

  (h)   Limitations on In-Kind Contributions

    (1)   An applicant candidate or a participating candidate may accept in-kind contributions from a State central committee of a political party if:

      (A)   the total amount of in-kind contributions from the central committee per election cycle are equal to or less than $10,000; and

      (B)   the funds used by the central committee to make an in-kind contribution derive from individual contributions that do not exceed the public contribution limits established under Section 16-23.

    (2)   An applicant candidate or a participating candidate may accept in-kind contributions from a Montgomery County central committee of a political party if:

      (A)   the total amount of in-kind contributions from the central committee per election cycle are equal to or less than $10,000; and

      (B)   the funds used by the central committee to make an in-kind contribution derive from individual contributions that do not exceed the public contribution limits established under Section 16-23.

  (i)   Candidate affiliation. A candidate who accepts a public contribution may affiliate with any other candidates, including non-publicly financed candidates, on campaign material if:

    (1)   the authorized campaign finance entity makes a direct disbursement to the payee for its share of the costs of the campaign material; and

    (2)   the campaign material displays the authority line of the authorized campaign finance entity.

**Sec. 16-27. Return of unspent funds; retention of funds.**

  (a)   Except as provided in subsection (b):

    (1)   within 90 days after the County Board certifies the results of the primary election, a participating candidate who is not certified to be on the ballot for the general election must return any unspent money in the candidate’s publicly funded campaign account to the Fund; and

    (2)   within 90 days after the County Board certifies the results of the general election, a participating candidate must return any unspent money in the candidate’s publicly funded campaign account to the Fund.

  (b)   A certified candidate may retain funds to pay for post-election expenses if:

    (1)   the retained funds do not exceed $10,000;

    (2)   the candidate files a new declaration of intent to participate in the public campaign financing system for the 4-year next election cycle by January 31 the year after the election; and

    (3)   the candidate keeps the same campaign finance entity open.

  (c)   Consumer Price Index adjustment.

    (1)   Effective July 1, 2028 and July 1 of each subsequent fourth year, the Chief Administrative Officer must adjust the retention limit under Subsection (b).

    (2)   The Chief Administrative Officer must calculate each adjusted limit to the nearest multiple of $10.

    (3)   The adjusted limit must be equal to the current limit multiplied by the outcome of the most recent published Consumer Price Index at the time of the adjustment divided by the annual value of the Consumer Price Index from 4 calendar years prior to the current year.

    (4)   The Chief Administrative Officer must, by March 1 of the year preceding an adjustment:

      (A)   notify in writing the State Board of Elections and the County Council of the adjusted limit; and

      (B)   publish the adjusted limit on the County website.

**Sec. 16-28. Audit.**

  (a)   After a general election in an election cycle, the Executive must conduct an audit of the financial activity of the public campaign financing system, including publicly funded campaign accounts, to ensure publicly funded campaign accounts raised and spent funds in compliance with this Article.

  (b)   The Executive must adopt regulations that specify the scope of the audit required by this Section.

**Sec. 16-29. Regulations.**

  The Executive, after consulting with the Board, must adopt regulations under Method 1 that specify:

  (a)   how and when receipts for qualifying contributions from contributors must be submitted to the Board;

  (b)   the documents that must be filed with the Board for certification;

  (c)   the allowable uses of money in a publicly funded campaign account;

  (d)   the scope of the audit required in Section 16-28; and

  (e)   other policies necessary to implement this Article.

**Sec. 16-30. Penalties.**

  (a)   Civil Violations. Any violation of this Article is a Class A civil violation. Each day a violation exists is a separate offense.

  (b)   Payment. A fine may be paid by the campaign only if all public contributions have been repaid to the Fund. Otherwise, the candidate or officer found to be responsible for the violation is personally liable for the fine.

  (c)   Additional penalties.

    (1)   In addition to the penalty specified in Subsection 16-30(a), a certified or participating candidate must withdraw from the public campaign financing system if the candidate intentionally or knowingly provides falsified information, misrepresents a material fact, or conceals relevant information to the Board, the Executive, or the Director under this Article.

    (2)   A candidate that must withdraw from the public campaign financing system under (c)(1) must abide by the withdrawal requirements in Section 16-25, including the repayment of any public contribution received.

**Sec. 16-31. Reserved.**

**Sec. 16-32. County liaison.**

  The County Executive must designate an employee to serve as a liaison between County government and the public, candidates, and potential candidates on issues related to the public campaign finance program.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 17. Electricity.

### Article I. General Provisions.

**Sec. 17-1. Scope and applicability of chapter.**

  (a)   Except as otherwise provided, the provisions of this Chapter apply to all electrical equipment and the installation thereof for light, heat or power within or on public or private buildings, structures or premises, including yards, carnivals and parking lots and industrial substations, and all electrical equipment, and the installation thereof, used for power supply to radio and television transmitting and receiving systems in or on such buildings, structures or premises, in the County.

  (b)   The provisions of this Chapter do not apply to any electrical work or equipment installed by or for any electric company, telegraph or telephone company, where such electrical work or equipment is owned and maintained by such company and is an integral part of the plant or service used by such company in rendering its service to the public.

  (c)   The provisions of this Chapter do not apply to installations in mines, ships or railway cars or to vehicular equipment.

  (d)   The provisions of this Chapter do not apply to installations or equipment employed by the United States government.

  (e)   A permit is not required for any minor repair, as defined in this Chapter.

**Sec. 17-2. Regulations.**

  (a)   The Director may recommend regulations for the administration of this Chapter, including a schedule of fees, and may, at the Director’s discretion, hold public hearings as part of this regulation-making process. Such regulations and amendments thereto must not conflict with nor waive any provisions of this Chapter nor be less restrictive than its provisions and must be adopted under Method (2) of section 2A-15 of this Code.

  (b)   The Director must hold a public hearing, upon adequate public notice, before proposing regulations setting forth the standards and requirements for all installations of electrical equipment within the County. Such regulations must be based upon a designated edition of the National Electrical Code and local amendments thereto, including but not limited to those for the installation of fire alarm systems. Such regulations and amendments must be adopted under Method (2) of section 2A-15 of this Code.

**Sec. 17-3. Adoption of basic electrical code.**

  All electrical installations and equipment must meet the standards and requirements set forth in section 17-2 of this Chapter. The edition of the National Electrical Code and any local amendments thereto, which are adopted in accordance with procedures established in section 17-2 of this Chapter are known as the basic electrical code for the County.

**Sec. 17-4. Administration and enforcement of chapter.**

  This Chapter is administered and enforced by the Department of Permitting Services.

**Sec. 17-5. Right of entry of departmental personnel.**

  The Director, upon exhibiting proper credentials or proof of identity on request, may enter any non-residential building, structure or premises, without consent of the occupants, at any time during business or operating hours, and at such other times as may be necessary in an emergency that immediately endangers life, property or public safety, for the purpose of performing duties under this Chapter or enforcing the provisions thereof.  In the case of multi-family dwellings, the Director may enter without consent only those spaces to which the public is ordinarily admitted, such as hallways, basements and similar spaces; provided, however, the Director may enter any private residence or dwelling for the purpose of enforcing this Chapter with the consent of the occupant thereof, or without such consent if the Director first obtains a search warrant in accordance with prescribed legal procedures, or if there is a present emergency such as a fire, explosion or the like, or immediately following such emergency.

**Sec. 17-6. Unlawful maintenance of installations.**

  When a permit is required under this Chapter, it is unlawful for any person to maintain or allow to be maintained an electrical installation without a permit.

**Sec. 17-7. Notice of electrical requirements to purchasers of air conditioners and major appliances.**

  (a)   It is unlawful for any person in business of selling air conditioners or major appliances to sell or offer these items for sale without attaching to each item or its sealed carton when sold in this manner so as to be readily observable by all purchasers, written notice of the electrical wiring requirements of each, all in conformity with standards of this electrical code.

  (b)   It is unlawful for any person who engaged in such sales to fail to display at a prominent location on the premises of such sales the wiring requirement for such appliances as set forth in this chapter.

**Sec. 17-8. Penalty for violations of chapter; injunctive action.**

  A person has committed a Class A violation if the person violates any provision of this Chapter or any regulation promulgated hereunder. Each day a violation continues to exist constitutes a separate offense.

**Sec. 17-9. Emergency disconnections.**

  In cases of emergency where any electrical equipment, whether installed before or after the enactment of this Chapter, is an immediate threat to the safety of persons or property, or where it may interfere with the fire protection service of any fire department in the County, the Director may disconnect the electrical equipment immediately and without notice to the owner thereof.

**Sec. 17-10. Fees.**

  Before the Department issues a permit or license as provided for in this Chapter, the applicant must pay to the County a fee in accordance with the schedule of fees established, and revised from time to time, by the County Executive, in an amount not to exceed the cost of administering and enforcing this Chapter.

**Sec. 17-11. Definitions.**

  As used in this Chapter, the following words and phrases have the following meanings:

  Department means the Department of Permitting Services.

  Director means the Director of the Department of Permitting Services, or the Director’s designee.

  Electrical equipment includes electrical conductors, raceways, wiring fittings, devices, appliances, fixtures, apparatus, and any other equipment coming within the purview of the electrical code of the County.

  Electrical code means the designated edition of the National Electrical Code as adopted and amended under this Chapter.

  Electrical services means the definition given to “provide electrical services” by section 6-101 of the Business Occupations and Professions Article of the Annotated Code of Maryland, as amended.

  Install, repair or maintain includes all installations, repairs or maintenance of any or all electrical equipment or circuits, or any parts thereof, including new work, alterations, renewals or extensions coming within the purview of this Chapter and the electrical code.

  Inspector means an authorized agent of the Department.

  Major appliance means laundry or kitchen appliances which are permanently connected or occupy fifty (50) percent or more of the circuit.

  Minor repair means the repair of portable electrical equipment or lighting fixtures, the repair or replacement of receptacles, snap switches, or plugs with a rating up to 20 amperes and 120 volts, or other minor repairs at existing outlets, or the repair or replacement of motors with a rating 1/3 hp or less and 120 volts.

  National Electrical Code means the edition of the National Electrical Code published by the National Fire Protection Association as adopted under this Chapter.

### Article II. LICENSES.

**Sec. 17-12. Applicability of Article.**

  The requirements of this Article apply to all electrical work covered by this Chapter, as specified in section 17-1.  All electrical work must be performed as required by this Chapter and the electrical code and regulations adopted under it.

**Sec. 17-13. License required.**

  (a)   Except as provided in subsection (b), no person may engage in the business of providing electrical services for compensation in the County unless properly licensed by the State Board of Electricians.

  (b)   Any person who installs, repairs, or maintains branch circuits as defined in the National Electric Code, in a detached single-family residence which that person or a member of the person’s immediate family owns, for the person’s or immediate family’s use, is not required to hold an electrical license, provided the electrical services are not performed for compensation. Before any electrical work is performed, the owner of the residence must apply to the Director for a permit if a permit is otherwise required by this Chapter.

**Sec. 17-14. Display; duplicates.**

  All holders of licenses issued by the State Board of Electricians and under this Chapter must display the license in a prominent place at their business location and upon demand must give the number of the license to any Inspector.

### Article III.

**Sec. 17-15. General requirements.**

  (a)   Required. Except as provided in section 17-1 of this Chapter, no electrical equipment which is subject to the provisions of this Chapter may be installed, repaired or maintained until a permit therefor has been issued by the Department.

  (b)   Application generally. Except as provided in subsection (c), all applications for permits must be in writing and in such form as may be prescribed by the Department. All applications must be signed by a master electrician licensed by the State Board of Electricians except those signed by homeowners under section 17-13(c). Each application must describe the work to be done and the location thereof and must be accompanied by such plans, specifications and schedules as may be necessary to determine whether the installation conforms with the provisions of this Chapter and, if necessary, the provisions of Chapter 8 of this Code.

  (c)   Application for installation of photovoltaic systems. The Director may accept reports and recommendations from qualified and approved photovoltaic system plan review service providers that have demonstrated that the photovoltaic system plans reviewed reliably conform to all requirements of this Chapter. Under this subsection, photovoltaic system includes or incorporates one or more of the following: photovoltaic panels, energy storage, or residential electric vehicle charging systems, and any of their related systems or components.

  (d)   Action on application. The Director must examine or cause to be examined each application, or report and recommendation, for an electrical permit or an amendment to a permit within a reasonable time after the application is filed. If the application or the plans do not conform to all requirements of this Chapter, the Director must reject the application in writing and specify the reasons for rejecting it. If the proposed work conforms to all requirements of this Chapter and all other applicable laws and regulations, the Director must issue a permit for the work as soon as practicable. Before issuing a permit, the person who will perform the work must demonstrate that he or she is qualified to perform the proposed electrical work in a capable manner so as not to endanger the life and property of occupants or neighbors, or property belonging to any public utility.

  (e)   Contents; conformity with permits; conditions; expiration upon noncommencement of work, etc. Each permit must describe with particularity the installation to be done thereunder, and no person may install any electrical equipment other than in accordance with the permit. The permit is a license to proceed with the work and may not be construed as authority to violate, cancel or set aside any of the provisions of this Chapter. Each permittee must perform all electrical services as required by this Chapter and the electrical code and regulations adopted under it. The issuance of a permit does not prevent the Department from thereafter requiring a correction of errors in plans or in installation or of violations of this Chapter and all other applicable laws or ordinances specifically referring thereto. The issuance of any permit is expressly conditioned upon the applicant’s prompt compliance with all stop work orders issued by the Director. All permits expire and are null and void unless the work authorized thereunder is commenced within 180 days from the date of issuance or after commencement of work if more than 180 days pass between inspections; provided, that the Department may upon good cause shown extend a permit one or more times for a period not to exceed sixty (60) days.

  (f)   Repairs exempted. No permit shall be required to repair portable electrical equipment or lighting fixtures, or to repair or replace sockets, receptacles or snap switches, or to make other minor repairs at existing outlets, or to repair motors, or to replace motors with motors of the same nameplate rating.

  (g)   Supervision. It shall be unlawful for any licensee to allow the installation, repair or maintenance of any electrical equipment requiring a permit from the department unless under the immediate and personal supervision of either a licensed master or journeyman.

**Sec. 17-16. Emergency work.**

  When necessary to make emergency repairs or replacements to electrical installations, or to make branch circuit extensions for switches, receptacles or the like, incidental to such emergency work, such work may be done without a permit; provided, that the person doing the same must possess all licenses required under Article III of this Chapter and first inform the Department either orally or in writing if the Department’s office is open at the time of such emergency giving the person’s name and address and the address where the work is to be done, the nature thereof and when it is to be started. Such person shall file an application for a permit covering such emergency work on the first business day following the performance thereof.

**Sec. 17-17. Temporary installations.**

  A temporary permit is required in connection with electrical equipment installed for a temporary use for a period not to exceed 180 days. Such permit may be extended for an additional period of 180 days by the Department.

**Sec. 17-18. Stop work order.**

  (a)   In addition to the other provisions set forth in this Chapter, whenever the Director determines that electrical services are being prosecuted in violation of the provisions of this Chapter, including those conditions upon which the permit has been issued or in a manner which threatens the safety, health and welfare of the public, the Director may order the work to be immediately stopped.

  (b)   The stop work order described herein must be in writing and served upon the owner of the property involved or the owner’s agent or to the person doing the work.

  (c)   It is unlawful for any person to continue or permit the continuance of work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition.

**Sec. 17-19. Revocation of permit.**

  The Director may revoke a permit or approval issued under this Chapter in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based or in case of any violation of the conditions upon which such permit was issued.

### Article IV. INSPECTIONS.

**Sec. 17-20. Notice upon completion; inspection of installations generally.**

  It is unlawful for the holder of a permit issued hereunder to fail to notify the Department within five (5) days of the completion of an installation regulated by this Chapter. The Department must inspect the installation within forty-eight (48) hours of such notice, exclusive of Saturdays, Sundays, and holidays, or as soon thereafter as practicable.

**Sec. 17-21. Inspection of covered installations.**

  (a)   When any part of an installation regulated by this Chapter is to be hidden from view by the permanent placement of part of a building, the holder of the permit must notify the Department and such installation must not be concealed until it has been inspected and approved by the Department; provided, that on large installations where the concealment of electrical equipment proceeds continuously, the holder of the permit shall give the Department notice thereof so that inspections may be made periodically during the progress of the work.

  (b)   The Department may remove or require the removal of any structure or materials that prevent proper inspection of any electrical equipment.

**Sec. 17-22. Authorization to supply power.**

  (a)   No electric light or power company may supply electricity or power to any electrical equipment, for the installation of which a permit is required under this Chapter, and no person shall connect any such electrical equipment to a supply of electricity or power, except where authorized by the Department.

  (b)   If after the inspection the Department finds the installation to be in conformity with the provisions of this Chapter, it must approve the installation and authorize the use of the installation and connection to the supply of electricity and power, and must give notification to the electric light or power company supplying the same. Such notification may be issued for an entire installation or part thereof.

  (c)   Authorization may be issued for temporary installations authorized under section 17-16 of this Chapter.  Temporary installations may be canceled by the Director at any time if the installation is not maintained as required by this Chapter.

**Sec. 17-23. Defective installations and equipment.**

  (a)   If upon inspection any installation for which a permit is required under this Chapter is found to be in violation of the provisions of this Chapter, the Department must notify the holder of the permit of the nature of such violation in writing and the same must be corrected within ten (10) days after such notice or such other period of time as may be specified by the Department.

  (b)   If the Director finds that any electrical equipment installed before or after the enactment of this Chapter is dangerous to persons or property because defective or improperly used or installed, the Director must notify the owner or lessee of the property in writing, setting forth the nature of such dangerous condition; and such person must make such changes or repairs as are necessary to put such equipment in a safe condition within such period as may be specified by the Director.

  (c)   Upon failure of any person to comply with a notice issued pursuant to this section, the Director must revoke any permit which has been issued for the installation of such equipment, must not authorize the electrical light or power company to supply electricity, or must revoke any such authorization which previously has been issued.

  (d)   If the equipment or installation is connected to a supply of electricity or power, the Director must have the authority to disconnect the same and must send notice to the electric light or power companies to discontinue its supply or electricity or power to such equipment or installation, and such supply of electricity or power must be terminated within twenty-four (24) hours of the receipt of such notice, without liability therefor on the part of such electric light or power company.

### Article V.

**Sec. 17-24. General requirements.**

  (a)   It is the duty of the owner, agent, lessee, occupant, or any other person entitled to the beneficial use, rental or control of any building which is required under this Code to have a fire alarm system to provide, install and maintain therein a fire alarm system with sufficient alarm bells, striking stations or automatic detectors, of such type and character as contained in regulations adopted by the County Executive under Method (2) of section 2A-15 of this Code.

  (b)   All apparatus, materials, equipment and systems used in connection with an alarm system, except the wiring thereof, to be installed under the provisions of these regulations must be designed and of a type suitable for the voltage and current available and be specifically approved for the purpose by the Department before installation. They must be tested and listed by the Underwriters’ Laboratories, Inc., for fire alarm services before submission to the Department.

  (c)   It is the duty of the owner, agent, lessee, occupant or any other person entitled to the beneficial use, rental or control of any building who desires a burglar alarm system to install and maintain such a system in accordance with provisions of the National Electrical Code as adopted by section 17-3 of this Chapter.

### Article VI.

**Sec. 17-25. Standards.**

  (a)   A person must not sell or install electrical equipment which does not contain the certification of an inspection authority approved by the Department.

  (b)   The standards and requirements of this Chapter must be based upon the currently designated edition of the National Electrical Code and amendments thereto as specified in regulations adopted by the County Executive under Method (2) of section 2A-15 of this Code and are hereby declared to be minimum standards and requirements. Any electrical equipment or installation which is equal or superior to such standards and requirements must be deemed to be in compliance therewith.

  (c)   Except as otherwise provided in this Chapter, conformity of installations of electrical equipment with such regulations adopted pursuant to section 17-2(b) is prima facie evidence that such installations are reasonably safe to persons and property.

  (d)   A person must not occupy or offer to sell for occupancy any mobile home, prefabricated or modular dwelling, industrialized building, or similar structure as defined in the National Electrical Code, without having first obtained from the manufacturer a certification by the State of Maryland that the structure meets the standards contained in regulations adopted under sections 12-301 through 12-313 of the Public Safety Article of the Maryland Code.

  (e)   All electrical installations, including outlets, panel boxes, heat panels and fixtures subject to damage from flooding must be located, built, and floodproofed to eliminate or minimize flood damage.

**Sec. 17-26. Reserved.**

**Sec. 17-27. Reserved.**

**Sec. 17-28. Reserved.**

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 18. Elm Disease.

**Sec. 18-1. Definitions.**

  In this Chapter, the following words and phrases, have the meanings stated:

  County forester: An individual in the Department of Transportation designated by the Director of that Department as the County forester.

  Disease: The Dutch Elm Disease or virus disease Phloem Necrosis, commonly known as "Elm Blight."

  Owner: Any individual, corporation, firm, partnership or association.

  Suburban district: The Montgomery County Suburban District, as described in Section 68-1.

**Sec. 18-2. Administration and enforcement of chapter.**

  The county is hereby charged with the responsibility for administration and enforcement of this chapter.

**Sec. 18-3. Applicability of chapter.**

  The provisions of this chapter shall be effective throughout the suburban district.

**Sec. 18-4. Inspection and removal of diseased trees.**

  The county forester is hereby authorized to inspect any tree within the suburban district which, according to his knowledge, information or belief, is or may be infected with the Dutch Elm Disease or the virus disease Phloem Necrosis, commonly known as "Elm Blight." If upon such inspection the county forester determines that any such tree is infected with such disease, he shall, if the tree is in or on any public highway, street, road, lane, alley, right-of-way or other public place within the suburban district, immediately remove and burn the same in such a manner as to prevent as fully as possible the spread of such disease.

**Sec. 18-5. Removal of diseased trees from private property- Notice to owner to remove.**

  If a tree infected with Dutch Elm Disease is located on private property, the county forester shall immediately serve upon the owner of such property a written notice, in the manner herein provided, that such tree is so affected by the disease and that he shall cause the same to be removed and burned under the supervisionof the tree division within ten (10) days after the receipt of such notice, or to appear upon five (5) days notice before the county forester to show cause why the county should not remove such tree and charge the cost thereof to the person concerned.

**Sec. 18-6. Same-Failure of owner to comply with notice.**

  Upon failure of the owner to comply with the provisions of the notice, the county shall cause the tree described in such notice to be removed and burned. If the owner shall appear before the county forester pursuant to the notice, the county forester may thereafter withdraw his original directive or may issue a final order directing such person to remove and burn the tree within five (5) days from the issuance of such order. Upon failure of any person to comply with such final order, the county shall cause the tree described in such order to be removed and burned.

**Sec. 18-7. Same-Right of aggrieved person to hearing before board of appeals.**

  Any person who feels aggrieved by any final order issued by the county forester pursuant to the provisions of the three (3) preceding sections, may, within five (5) days after issuance of such order, petition the county board of appeals in writing for a hearing. Within ten (10) days after receipt of such petition, the county board of appeals shall, after due notice to all interested persons, hold such a hearing, after which it may affirm, modify or reverse the order of the county forester. No enforcement action shall be taken, nor shall any tree be removed or burned by the county in any instance during the period within which an appeal to the county board of appeals may be taken or pending final action by the county board of appeals if a hearing is requested as provided above.

**Sec. 18-8. Service of orders and notices.**

  All orders and notices issued by the county board of appeals or any county official pursuant to the authority of this chapter shall be served on the person to whom they are directed, either by registered mail or by personal delivery to such person. Service on nonresidents and persons who cannot be found in the county shall be made by publication of such order or notice once in a newspaper of general circulation in the county and by posting the same on the tree concerned in a conspicuous manner. Service shall be deemed to have been made on the day of such mailing, publication or posting.

**Sec. 18-9. Cost of removal and burning.**

  Whenever it is necessary for the county to provide for the removal and burning of any tree under the procedures prescribed in this chapter, the chief administrative officer shall file with the director of the department of finance a certified statement of the cost thereof together with proof of service of the order or notice above described. The cost of such removal and burning together with the cost of publication, if any, shall thereupon become a charge and lien against the land described in the order or notice and may be collected in the same manner and subject to the same penalties as ordinary taxes.

**Sec. 18-10. Taking of specimens in case of doubt.**

  If the county forester finds it impossible to determine with certainty the existence of disease in any tree inspected by him, he may take a specimen or specimens from any such tree, which shall be forwarded for examination, diagnosis and report to either the phytopathology department, University of Maryland, or to the United States Department of Agriculture Station at East Orange, New Jersey. The action of the county forester shall await and be based upon the report received from such examination and diagnosis.

**Sec. 18-11. Removal upon request.**

  Nothing in this chapter shall be construed to prohibit any owner from requesting in writing an inspection or removal of any tree on private property and to have the cost of removal assessed in the manner prescribed in section 18-9.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 18A. ENVIRONMENTAL SUSTAINABILITY

### Article 1. Energy.

**Sec. 18A-1. Findings and statement of purpose.**

  (a)   In the interest of maintaining an adequate and reliable energy supply at reasonable cost, the County government recognizes the need to institutionalize through legislation an energy policy and energy planning program. In addition, the efficient use of energy directly benefits air quality and climate, demonstrating the linkages necessary to achieve essential environmental goals. For this reason, the responsibilities of the Advisory Committee on Climate, Energy, and Air Quality includes an advisory function with respect to air quality and climate change.

  (b)   The intent of this Article is to provide the initiative for County government to address energy issues and plan for a future which may be energy resource-constrained. It establishes the means to formulate ongoing policies, plans, programs and activities designed to foster energy conservation and to promote cost-effective alternatives to existing sources of energy and patterns of energy consumption while maintaining efforts to meet environmental goals.

  (c)   This Article is intended to serve as a vehicle for the promotion of energy consciousness throughout all segments of the community and for the development and implementation of immediate and long-range cooperative energy planning efforts in both the public and private sectors.

**Sec. 18A-2. Energy Policy-Purposes; preparation; contents; action plan; annual review.**

  (a)   The County Executive must develop and submit to the County Council for approval an energy policy which establishes both short and long-term energy efficiency objectives, promotes immediate and long-range energy consciousness, identifies potential strategies for leadership at the County level to help secure the County's energy future, and stresses the link between energy and the environment. The Executive must review the energy policy annually and report to the Council by October 31 on its continuing appropriateness, and may with Council approval amend it from time to time.

  (b)   To further the objectives of the energy policy, the Executive must annually develop an energy work program of activities which can be accomplished in 12 to 24 months. The Executive must review the work program each year, may add new initiatives when action is completed on previous years' activities, and may modify or end existing activities as appropriate. The Executive must also propose a long-range plan of public and private actions to accomplish those objectives.

**Sec. 18A-3. Public hearing; modifications; approval; effective date.**

  (a)   After receiving a proposed energy policy from the County Executive, the County Council must, after not less than 30 days notice to the public, conduct a public hearing on the energy policy at which all interested persons, firms, organizations and groups must have an opportunity to comment on the policy.

  (b)   After the record of the public hearing on the policy closes, the County Council by resolution must either:

    (1)   Approve the policy as submitted by the County Executive; or

    (2)   Modify the policy and approve it as so modified; or

    (3)   Reject the policy and resubmit it to the County Executive for further consideration, revision and resubmission, addressing issues raised by the Council.

  (c)   If the County Council modifies the policy as submitted by the County Executive, the Council must, within 3 working days after taking action thereon, transmit the policy as modified to the County Executive, who must, within 10 days after receipt of the modified policy, indicate in writing to the Council concurrence or nonconcurrence with the modifications. If the Executive does not indicate nonconcurrence within 10 days, the policy takes effect as modified by the Council. If within 10 days the Executive does not concur with the modifications made by the Council and states reasons therefor, the Council must either:

    (1)   Further revise the policy to take into account any or all of the objections and recommendations of the County Executive and then approve the policy as further revised; or

    (2)   By an affirmative vote of a simple majority of its members, approve the policy as previously sent to the Executive.

  (d)   Except as otherwise provided in this Section, the policy takes effect on the date it is approved by the County Council and continues in effect until amended in accordance with Section 18A-4.

**Sec. 18A-4. Amendments.**

  (a)   Amendments to the energy policy may be initiated at any time by the County Executive or by the County Council.

  (b)   Amendments to the policy which are initiated by the County Executive must be prepared and processed in accordance with Sections 18A-2 and 18A-3.

  (c)   Amendments to the policy which are initiated by the County Council must be prepared in accordance with Section 18A-2 and then submitted to the County Executive for review and comment. The County Executive must have 30 days in which to submit comments in writing to the County Council, after which the Council must proceed to public hearing and processing of the policy in accordance with Section 18A-3.

**Sec. 18A-5.Climate, Energy, and Air Quality Advisory Committee; establishment; terms of office; ex-officio members.**

  (a)   There is hereby established an Advisory Committee on Climate, Energy, and Air Quality to assist the County Council and the County Executive in carrying out the purposes of this Chapter and Chapter 3. The Committee consists of 15 members appointed by the Executive, subject to confirmation by the Council. One member must be designated by the Executive and confirmed by the Council to serve as chair of the Committee. Each appointee must be a resident of the County who is technically knowledgeable and interested in climate change, energy and air quality.

  (b)    Appointments, terms of office, and attendance requirements are governed by Section 2-148. The initial appointments must be staggered. Members appointed to fill vacancies serve the remainder of the unexpired term.

  (c)    Members of the Committee serve without compensation.

  (d)    In addition to the chair appointed under subsection (a), the Committee may elect other officers necessary to carry out its duties.

  (e)    In addition to the 15 voting members of the Committee, the County Executive and the County Council may each appoint an ex-officio, non-voting member to serve at the pleasure of the appointing authority.

**Sec. 18A-6. Meetings; quorum; voting.**

  The Committee must meet in public session on call by the chair as frequently as required to perform its duties but not less than once each calendar quarter. A regular or emergency meeting may also be convened at the request of two-thirds of the members. Reasonable notice must be given to the Committee members and to the general public for all meetings of the Committee, as required by the state open meetings law. A majority of the members of the Committee is a quorum for the transaction of business, and a majority vote of those present, but not less than 4 members, is sufficient to take any action.

**Sec. 18A-7. Subcommittees.**

  The chair may, with the approval of the Committee, appoint subcommittees from among its members to assist in carrying out any function of the Committee. Any subcommittee so appointed must consist of not less than 3 members. Subcommittee action is not the action of the Committee and does not bind the Committee or its members.

**Sec. 18A-8. Duties and responsibilities.**

  The Committee has the following duties:

  (a)   Advise the Executive and the Council of the activities of the Committee in furthering the purpose of this Chapter and Chapter 3;

  (b)   Comment on or assist in developing recommendations to promote and implement immediate and long-range policies and programs aimed at meeting the County’s greenhouse gas emission reduction goals;

  (c)   Comment on or assist in developing recommendations to promote and implement immediate and long-range policies and programs to promote cleaner, more efficient, and more reliable energy use and practice in all segments of the community;

  (d)   Comment on or assist in developing programs to meet air quality standards and to promote healthy indoor and outdoor air quality;

  (e)   Identify areas and methods to encourage voluntary participation in climate-related efforts, energy conservation efforts and air quality improvements;

  (f)   Identify and recommend innovative programs, policies, and technologies to improve climate and air quality for the Executive, the Council, and the public to implement;

  (g)   Recommend the development of educational programs and materials to educate the public and private sectors about the efficient use of energy and its direct benefits for improved air quality and reduced greenhouse gas emissions; and

  (h)   Carry out duties assigned from time to time by the Executive and the Council to assist in fulfilling the purposes of this Article.

**Sec. 18A-8A. Advocacy.**

  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 18A-9. Interagency Group on Energy and Utility Management-Establishment; membership; meetings.**

  (a)   The County Executive must establish an Interagency Group on Energy and Utility Management to coordinate County government energy conservation efforts, promote energy efficiency, share information, provide technical assistance, and cooperate on planning and implementing energy conservation measures.

  (b)   Each County or bicounty agency with substantial utility budgets or energy conservation capital projects, including executive departments and offices, the Board of Education, Montgomery College, the Washington Suburban Sanitary Commission, the Maryland-National Capital Park and Planning Commission, the Housing Opportunities Commission, and the County Council, should designate a liaison to the Group. The Executive must select a senior officer or employee of the executive branch to facilitate the Group's operation.

  (c)   The Group must meet as frequently as necessary to perform its duties.

  (d)   The Group has the following duties:

    (1)   establish uniform utility unit costs for County operating budget purposes;

    (2)   prepare agency resource conservation plans annually, describing current and anticipated energy conservation programs with actual and projected energy and cost savings;

    (3)   advise the Executive and Council on energy conservation goals, cost savings, and new technologies.

**Sec. 18A-10. Administrative arrangements; support and organizational duties and functions of county government.**

  (a)    The County Executive must designate a senior officer or employee of the executive branch of County government to provide executive direction to the performance of the functions and responsibilities delineated in this Article and to report annually to the Executive and Council on the activities undertaken to further the goals of this Article.

  (b)    The County Executive may also establish organizational and administrative arrangements as appropriate to promote the policies and purposes of this Article, including the following functions:

    (1)   Update the energy policy and work program as necessary;

    (2)   Formulate policies, plans and programs, including necessary legislative proposals, for recommendation to the County Executive and County Council designed to promote energy conservation in the County;

    (3)   Coordinate with other interested parties in the development and implementation of energy conservation activities;

    (4)   Recommend methods for the coordination of energy saving efforts in the public and private sectors;

    (5)   Assemble and disseminate information concerning energy conservation for use by the government, the private sector and the general public;

    (6)   Develop and promote activities and programs designed to foster public awareness of the need for and the means to achieve cost-effective energy conservation.

**Sec. 18A-11. Clean Energy Rewards Program.**

  (a)   The Director of the Department of Environmental Protection must establish a Clean Energy Rewards Program.  The purpose of the program is to provide financial and other incentives to consumers who choose electricity produced by renewable and environmentally preferable power sources.

  (b)   The Director must require each eligible person or supplier to submit an application for any payment under this program, and may take any other action necessary to administer this program.  The Department of Finance must take actions necessary to make any payments that the Director of Environmental Protection has certified are due.  The County Executive must issue regulations under Method (1) to implement this Section.

  (c)   The Executive must adopt program regulations that:

    (1)   identify the types of electricity that qualify for incentives under the program;

    (2)   restrict or preclude the payment of incentives for purchase of otherwise qualified electricity that a consumer or supplier is required to buy or produce to meet certain federal or state requirements;

    (3)   specify the process to apply for, certify, and receive an award; and

    (4)   include any additional program criteria, standards, and procedures that are consistent with the County’s energy and environmental policy, which among other things may restrict the location or air shed where any qualified electricity is produced.

  (d)   The County Council must establish by resolution the maximum amount of any incentive offered and the time period during which the incentive will be offered.  The maximum incentive may be calculated by total payments, payment per quantity of electricity bought, or any other reasonable measurement.

  (e)   Any incentive payment to individual applicants may be paid on a fiscal year or calendar year basis, or at any other convenient time.

  (f)   A person who submits a false or fraudulent application, or withholds material information to obtain a payment under this Section, has committed a Class A violation.  In addition, the person must repay the County for all amounts improperly paid, and all accrued interest and penalties that would apply to those amounts, as if they were overdue taxes.  A person who violates this Section is liable for all court costs and expenses of the County in any civil action brought by the County to recover any payments, interest, or penalty.  The County may collect any amount due, and otherwise enforce this Section, by any appropriate legal action.

**Sec. 18A-11A. Renewable Energy.**

  (a)   Purchase of renewable energy.

    (1)   The County Executive must assure that at least 50% of the County’s total annual electric power usage will be supplied by renewable energy, beginning in Fiscal Year 2015.

    (2)   The County Executive must assure that 100% of the County’s total annual electric power usage will be supplied by renewable energy, beginning in Fiscal Year 2016.

  (b)   Criteria for renewable energy purchases.  The renewable energy purchased under subsection (a) must:

    (1)   be generated from an energy source defined as a Tier 1 renewable source in Section 7-701 of the Public Utilities Article of the Maryland Code or any successor provision;

    (2)   qualify as green power as defined by the United States Environmental Protection Agency;

    (3)   not be included in a supplier’s renewable portfolio standard requirement for any year or supplant clean energy purchased to comply with either federal law or the law of states other than Maryland; and

    (4)   be registered and tracked in a regional tracking system.

  (c)   On-site clean energy generation.  The County may satisfy the requirement of subsection (a) through on-site clean energy generation.  The County must retain ownership of each on-site project’s renewable energy certificates and must meet all other requirements of this Section.  The County may exchange the renewable energy certificates for certificates from an alternate source that complies with this Section.

### Article 2. Climate Protection.

**Sec. 18A-12. Definitions.**

  In this Article, the following words have the meanings indicated:

  Cap and trade program means a program that places a limit on the aggregate net greenhouse gas emissions of the participants, while allowing the transfer or sale of greenhouse gas emission allowances.

  Carbon dioxide equivalent means a given weight of a greenhouse gas that has the same global warming potential, measured over a specified time, as a given weight of carbon dioxide.

  Climate Protection Plan means the plan to reduce the level of Countywide greenhouse gas emissions prepared under Section 18A-15.

  Countywide greenhouse gas emissions means the total annual greenhouse gas emissions in the County, measured in tons of carbon dioxide equivalents, including all emissions from electricity generated outside the County but consumed in the County.

  Department means the Department of Environmental Protection.

  Director means the Director of the Department or the Director’s designee.

  Greenhouse gas includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other gas or substance the Director finds to be a significant contributor to global warming.

  Home Energy Score means an evaluation of the energy efficiency of a home using the process developed by the United States Department of Energy.

  Sustainability means the creation and maintenance of conditions under which humans and nature can exist in productive harmony and permit fulfilling the social, economic, and other requirements of present and future generations.

**Sec. 18A.13. Department of Environmental Protection – Office of Sustainability.**

  (a)   Created.  There is an Office of Sustainability in the Department of Environmental Protection.

  (b)   Duties.  The Office must:

    (1)   promote residential energy efficiency and renewable energy programs through direct collaboration with homeowners, renters, property managers, real estate agents, and others to support:

      (A)   auditing and assessment of residential properties, including evaluating whether the County should require a Home Energy Score to be conducted before the sale of single-family home;

      (B)   energy efficiency retrofits;

      (C)   utilization of available incentives from government, utilities, and the private sector;

      (D)   utilization of clean energy technologies and purchasing of clean energy; and

      (E)   healthy indoor air education programs;

    (2)   promote commercial and multi-family energy efficiency and renewable energy programs through collaboration with commercial and multi-family property owners, managers, and industry associations to support:

      (A)   benchmarking and assessment of commercial and multi-family properties;

      (B)   energy efficiency retrofits;

      (C)   utilization of available incentives from government, utilities, and the private sector, including alternative financing programs such as the Property Assessed Clean Energy program; and

      (D)   utilization of clean energy technologies and purchasing of clean energy;

    (3)   support green business development by:

      (A)   expanding the Montgomery County Green Business Certification Program;

      (B)   evaluating and promoting other robust third party green certification and reporting programs;

      (C)   connecting residents and businesses to providers of green products and services; and

      (D)   fostering green business market opportunities;

    (4)   support tree and forest programs by:

      (A)   developing overall and individual tree canopy and planting goals to serve as a baseline for measuring success;

      (B)   connecting and informing the public about the County’s tree planting, preservation, and programs and providing information on tree planting techniques, tree care, species selection and related activities, through a website created for this purpose;

      (C)   developing and implementing a public engagement strategy to encourage community and individual tree planting on private and public lands and cultivating new partnerships in support of these activities; and

      (D)   compiling and disseminating information on the status of the County’s tree and forest resource on a regular basis;

    (5)   promote partnership development and civic engagement by:

      (A)   maintaining and leveraging partnerships with local community groups, civic organizations, HOAs and businesses to expand the County’s environmental educational reach

      (B)   organizing community-based environmental activities and outreach programs; and

      (C)   promoting the environmental programming and events of Montgomery County Public Schools, local colleges and universities, and other educational institutions in the County;

    (6)   provide data analysis and research in support of County sustainability goals and objectives by:

      (A)   maintaining data on County greenhouse gas emissions and building fuel energy consumption;

      (B)   reporting progress on meeting the greenhouse gas reduction goals in the 2009 Climate Protection Plan;

      (C)   evaluating options for a broader Countywide sustainability reporting framework;

      (D)   providing research on and analysis of emerging sustainability issues;

      (E)   providing any other data and analytical efforts in support of County’s sustainability objectives; and

      (F)   every 2 years, beginning on February 1, 2015, applying a scoring system designed to compare the County to other local jurisdictions on energy efficiency policies and programs; and

    (7)   prepare an annual report, as required in subsection (c).

  (c)   Annual report.  By February 1 each year, the Office must submit to the County Council an annual report on:

    (1)   its activities, accomplishments, plans, and objectives;

    (2)   actions taken to implement the Climate Protection Plan, and whether the County is meeting the goals identified in the Climate Protection Plan as required under Section 18A-15;

    (3)   its activities to enhance tree canopy in the County; and

    (4)   the score established under paragraph (b)(6)(F).

**Sec 18A-14. Department of General Services – Office of Energy and Sustainability.**

  (a)   Created.  There is an Office of Energy and Sustainability in the Department of General Services.

  (b)   Duties.  The Office must:

    (1)   develop an energy baseline, energy unit savings plan, and energy cost savings plan for the County’s building portfolio;

    (2)   develop a comprehensive plan to reduce the energy consumption and impact of fleet operations, which may include the use of alternative fuels, reductions vehicle miles traveled, improvements in vehicle efficiency, or vehicle electrification strategy;

    (3)   execute plans to use Energy Performance Contracting to improve the efficiency of County buildings, as authorized by the Director of General Services;

    (4)   develop and execute the County’s renewable energy plans, including the purchase of renewable energy and deployment of solar and other clean energy sources across County facilities,

    (5)   coordinate with the Office of Procurement to develop green and environmentally preferable purchasing plans;

    (6)   develop initiatives, plans, and projects to reduce the environmental impact of County operations and foster a culture of sustainability within the County Government; and

    (7)   prepare and submit data summarizing efforts to reduce the environmental impact of County operations to any annual Sustainability report prepared by the County Executive in collaboration with other Departments and Agencies.

  (c)   Annual report.  By February 1 each year, the Office must submit to the County Council an annual report on:

    (1)   its activities, accomplishments, plans, and objectives;

    (2)   actions taken to reduce the energy consumption and impact of fleet operations;

    (3)   the use of biodiesel fuels in County vehicles, results of the sport utility vehicle inventory, and the average fuel economy for passenger vehicles and light trucks in the County fleet as required under Section 18A-23; and

    (4)   steps taken in the preceding year to implement the energy unit savings plan and energy cost savings plan for the County’s portfolio of buildings as required under Section 8-14B.

**Sec. 18A-15. Climate Protection Plan.**

  (a)   Inventory.  The Office of Sustainability in the Department of Environmental Protection may update the greenhouse gas emissions inventory to determine the amount of greenhouse gases emitted in the County and submit a written report on the inventory to the County Executive and County Council.

  (b)   Reduction of greenhouse gas emissions.  The Office may update the County Climate Protection Plan. Any update should report the County’s progress on reducing Countywide greenhouse gas emissions to 80% below the amount of greenhouse gas emissions in the base year identified in the inventory prepared under subsection (a) by January 1, 2050, including any recommendations that would ensure a 10% reduction every 5 years through 2050.

  (c)   Climate Protection Plan.  The Climate Protection Plan must:

    (1)   identify a strategy, including short-, mid-, and long-term goals to reduce Countywide greenhouse gas emissions to the levels required in subsection (b);

    (2)   explain how the Climate Protection Plan relates to the Energy Policy approved by the Council under Section 18A-3 and identify any recommended changes to the Energy Policy that are needed to implement the Climate Protection Plan;

    (3)   identify existing cap and trade programs and recommend whether the County should join a cap and trade program;

    (4)   identify ways to increase sequestration of greenhouse gases, including a Tree Canopy Initiative that contains a plan for increasing the County’s tree canopy;

    (5)   include an education and outreach plan designed to educate County residents and businesses about:

      (A)   global climate change;

      (B)   County efforts to reduce greenhouse gas emissions;

      (C)   sequestration of carbon; and

      (D)   best practices for reducing greenhouse gas emissions;

    (6)   include a strategy to achieve a significant improvement in the average County fleet fuel economy standards as required under Section 18A-20;

    (7)   identify a strategy to reduce vehicle miles traveled in the County; and

    (8)   estimate the time and resources necessary to implement the Climate Protection Plan.

  (d)   Preparation.  In preparing any update to the Climate Protection Plan, the Office must:

    (1)   consider greenhouse gas emissions reduction programs in other jurisdictions;

    (2)   evaluate the potential costs and benefits of different options for reducing greenhouse gas emissions to the County’s economy, environment, health, safety, and welfare; and

    (3)   use the best available economic models, emissions estimating techniques, and other scientific methods.

  (e)   Annual report.  The Office of Sustainability must submit a report to the County Executive and County Council by February 1 of each year that specifies:

    (1)   the actions taken to implement the Climate Protection Plan in the preceding fiscal year; and

    (2)   whether the County is meeting the goals identified in the Climate Protection Plan.

**Sec. 18A-16. Reserved.**

**Sec. 18A-16A. Social cost of carbon assessment.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    Department means the Department of General Services.

    Director means the Director of the Department or the Director’s designee.

    Energy Project means an energy efficiency or renewable energy improvement to a building or facility that is expected to reduce the onsite consumption of electricity, natural gas, or other fuels.

    Return on Investment means a performance measure used to evaluate the financial return of an energy project, including reasonable forecasts of energy costs and other factors.

    Social cost of carbon means an estimate of the economic damages or damages avoided associated with the increase or reduction of one metric ton of carbon dioxide emissions.

  (b)   When evaluating a building to determine whether to improve the building’s energy efficiency, the Department must include the social cost of carbon as a factor in determining the return on investment of the proposed energy efficiency improvements.

  (c)   In performing its analysis, the Department must use the standard developed by the United States Environmental Protection Agency or a standard the Director finds equivalent.

  (d)   In performing its analysis, the Department should consult the Department of Environmental Protection and any other County department or agency with expertise in environmental sustainability.

### Article 3. Climate Protection - Motor Vehicles - County Fleet.

**Sec. 18A-17. Definitions.**

  In this Article, the following words have the meanings indicated:

  ASTM means the American Society for Testing and Materials.

  B20 means a biodiesel blend of 20% biodiesel and 80% petroleum diesel fuels.

  Biodiesel means any biomass-based diesel fuel certified by the Environmental Protection Agency.

  Biodiesel blend means a blend of biodiesel fuel, designated BXX, where XX represents the volume percentage of biodiesel fuel in the blend.

  Car share program means a program that allows County employees to conduct County business using motor vehicles which:

    (1)   are owned or leased by the County; and

    (2)   County residents and businesses can lease when they are not being used for County business.

  County fleet means all passenger vehicles and light trucks owned or leased by the County.

  County vehicle means any motor vehicle owned or leased by the County.

  Department means the Department of General Services.

  Diesel fuel means a distillate fuel for use in diesel engines.

  Director means the Director of the Department or the Director’s designee.

  Fuel economy means the federal Environmental Protection Agency’s combined (city and highway) fuel economy estimate for a vehicle.

  Light truck means a motor vehicle with a gross vehicle weight of less than 8,500 pounds which is:

    (1)   designed primarily for transporting property;

    (2)   designed primarily for transporting persons and has a capacity of more than 12 persons; or

    (3)   available with special features that enable off-road operation or use.

  Miles per gallon means the distance traveled in a vehicle powered by one gallon of fuel.

  Office of Energy and Sustainability or Office means the Office of Energy and Sustainability in the Department of General Services created in Section 18A-14.

  Passenger vehicle means a motor vehicle, except a light truck or motorcycle, designed to carry no more than 12 persons.

  Public safety vehicle means a motor vehicle whose primary purpose is patrol, transport, emergency response, or another purpose that requires specialized equipment or capabilities, which is used by:

    (1)   the Department of Police;

    (2)   the Fire and Rescue Service;

    (3)   the Department of Correction and Rehabilitation; or

    (4)   any other County department or agency.

**Sec. 18A-18. Biodiesel fuel standards.**

  (a)   Standard.  A County vehicle with a diesel engine must use a biodiesel blend of B20 or higher unless the Director finds that there is a compelling reason to use:

    (1)   a different biodiesel or other biofuel blend; or

    (2)   another fuel that achieves greater greenhouse gas reductions.

  (b)   Applicability.  This Section does not apply to any County vehicle for which mechanical failure due to use of biodiesel fuel would void the manufacturer’s warranty for that vehicle.

  (c)   The Director may waive the requirements of this subsection for up to 1 year if the Director finds that compliance is not feasible for a certain type of vehicle.

**Sec. 18A-19. Sport utility vehicles.**

  (a)   The Office of Energy and Sustainability must conduct an annual inventory of the County’s sport utility vehicles and:

    (1)   identify the function that each sport utility vehicle performs;

    (2)   identify the most fuel-efficient type of vehicle that could reasonably and satisfactorily perform the function that each sport utility vehicle performs; and

    (3)   eliminate or replace any sport utility vehicle for which a more fuel-efficient vehicle could reasonably and satisfactorily perform the identified function.

  (b)   The Office must develop criteria to identify which positions in County government should be assigned a sport utility vehicle from the County fleet.  The Director must follow this criteria when assigning vehicles from the County fleet.

**Sec. 18A-20. Fuel economy standards.**

  (a)   The Office must develop a strategy to achieve a significant improvement in average County fleet fuel economy standards.

  (b)   This Section does not apply to public safety vehicles.

**Sec. 18A-21. Emergency Vehicles Inventory.**

  By January 15, 2009, the Fire and Rescue Service, consulting with the Department of Transportation, must:

  (a)   inventory the use of its public safety vehicles; and

  (b)   develop a strategy to assure that it uses appropriate public safety vehicles when responding to an emergency, including ways the Fire and Rescue Service can increase the use of fuel efficient vehicles.

**Sec. 18A-22. Car share program.**

  (a)   Costs and benefits.  The Sustainability Working Group must evaluate the costs and benefits of creating a car share program for the purpose of reducing the:

    (1)   number of motor vehicles in the County fleet; and

    (2)   dependence of County residents and businesses on motor vehicle ownership.

  (b)   Factors to consider.  The Sustainability Working Group must consider whether:

    (1)   a car share program will help:

      (A)   reduce traffic;

      (B)   increase transit use;

      (C)   promote walking and biking;

      (D)   reduce carbon emissions;

      (E)   improve air quality; and

      (F)   reduce demand for parking; and

    (2)   the County should partner with a private entity to develop a car share program.

  (c)   Report.  The Sustainability Working Group must submit a report to the County Executive and County Council by January 15, 2009 that includes:

    (1)   findings regarding the costs and benefits of a car share program; and

    (2)   recommendations as to:

      (A)   whether the County should create, or provide incentives for the private sector to create, a car share program; and

      (B)   the type of car share program that best suits the County’s needs.

**Sec. 18A-23. Annual report.**

  By February 1 each year, the Office of Energy and Sustainability must submit to the County Executive and County Council a report on the:

  (a)   use of biodiesel in County vehicles, including the quantity, blend, price per gallon, and average fuel consumption;

  (b)   results of the inventory of sport utility vehicles conducted under Section 18A-19; and

  (c)   average fuel economy for passenger vehicles and light trucks in the County fleet.

### Article 4. Home Energy Loan Program.

**Sec. 18A-24. Definitions.**

  In this Article, except as provided in Section 18A-30, the following words have the meanings indicated:

  Certified energy auditor means any individual who:

  (a)   is a participating contractor/auditor with the Maryland Home Performance with ENERGY STAR Program; or

  (b)   meets other equivalent requirements approved by the Director.

  Cost effective means the maximum estimated amount of time it takes for an energy efficiency improvement to pay for itself through reduced energy costs (the “payback” period), as determined by the Department.

  Department means the Department of Environmental Protection.

  Director means the Director of the Department or the Director’s designee.

  Eligible cost means the net cost of buying or installing an energy efficiency improvement or renewable energy device, including any part, component, or accessory necessary to operate the improvement or device, less any amount received from a public or private program because the improvement or device is or will be made or installed.

  Energy efficiency improvement means a permanent improvement made to an existing single-family home that:

  (a)   reduces the consumption of energy in the home, including:

    (1)   caulking and weatherstripping doors and windows;

    (2)   heating and cooling system efficiency modifications, including:

      (A)   replacing a burner, furnace, heat pump, or boiler, or air conditioner with a high efficiency model;

      (B)   a device to modify flue openings that increases the energy efficience or the heating system;

      (C)   any electrical or mechanical furnace ignition system which replaces a standing gas pilot; and

      (D)   any tune-up that increases the operating efficiency;

    (3)   a programmable thermostat;

    (4)   ceiling, attic, wall, or floor insulation;

    (5)   whole house air sealing;

    (6)   water heater tune-up, water heater insulation, pipe insulation, or change out to ENERGY STAR qualified water heater;

    (7)   storm windows or doors or ENERGY STAR qualified window or door replacement;

    (8)   air distribution system improvements, including duct insulation and air sealing;

    (9)   any device which controls demand of appliances and aids load management; and

    (10)   any other conservation device, renewable energy technology, and specific home improvement that the Director finds reduces the consumption of energy in the home; and

  (b)   meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device, if these standards are available.

  Energy efficiency improvement does not include a standard household appliance, such as a washing machine or clothes dryer.

  ENERGY STAR rating means the ENERGY STAR rating developed by the federal Environmental Protection Agency which rates a product’s energy efficiency.

  Home energy audit means an evaluation of the energy efficiency of a home which includes any test or diagnostic measurement that the Department finds necessary to:

  (a)   assure that a home’s energy efficiency is accurately measured; and

  (b)   identify cost effective steps that can be taken to improve a home’s energy efficiency.

  Home Energy Loan Fund or Fund means the revolving loan fund established under Section 18A-30 to provide funding for the Home Energy Loan Program.

  Home Energy Loan Program or Program means the program that provides zero or low interest loans to install an energy efficiency improvement or renewable energy device.

  Home Energy Rating System or HERS means the energy efficiency rating system for residential buildings developed by the Residential Energy Services Network.

  Low interest loan means a loan with an interest rate below prevailing rates for residential home improvement loans, and which reflects:

  (a)   the County’s current cost of borrowing funds or the cost, if any, of federal funds made available to the County for this purpose; and

  (b)   the cost of administering the Program.

  Renewable energy means the following energy sources or technology:

  (a)   solar;

  (b)   wind;

  (c)   geothermal; and

  (d)   any other energy source or technology which the Director finds is derived from natural processes that do not involve the consumption of exhaustible resources.

  Renewable energy device means a device that:

  (a)   creates, converts, or actively uses renewable energy;

  (b)   is permanently installed on the home or property; and

  (c)   meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device, if these standards are available.

  Single-family home means a single-family detached or attached residential building.  A single-family home includes a condominium.

**Sec. 18A-25. Established; purpose.**

  The Director must create and administer a Home Energy Loan Program to:

  (a)   improve energy efficiency;

  (b)   promote energy conservation;

  (c)   reduce greenhouse gas emissions; and

  (d)   reduce consumption of fossil fuels by County residents; and

  (e)   create jobs.

**Sec. 18A-26. Eligibility; use of funds.**

  (a)   The Director may loan funds to an owner of a single-family home to fund eligible costs to make an energy efficiency improvement that is projected to be cost effective or install a renewable energy device in the single-family home, up to the maximum loan amount set by regulation.

  (b)   To be eligible for a loan under this Program, a property owner must:

    (1)   have a home energy audit performed on the owner’s single-family home by a certified energy auditor, as required under Section 18A-27; and

    (2)   have the energy efficience improvement completed or renewable energy device installed in the time frame set by regulation; and

    (3)   agree to repay the loan amount borrowed through the County tax bill for that home, as required by Section 18A-28.

  (c)   The Department of Permitting Services must certify that the improvement or device for which the funds were loaned has been property installed.  The Department must accept a certification by another government agency, including a municipality, that the improvement or device has been properly installed.  The County Executive may assign the responsibility under this subsection to another entity, including a third party.  However, the entity responsible for certifying that the improvement or device has been properly installed must not be the entity that installed the improvement or device.

  (d)   The term of the loan must be 15 years.  However, the Director may set a longer loan term by regulation.

  (e)   Use of funds for an energy efficiency improvement.

    (1)   A person may borrow funds for eligible costs to make an energy efficiency improvement, less any amount received from a public or private program because the improvement is or will be made.

    (2)   Except as provided by subsection (e)(3), funds must be loaned only for an energy efficiency improvement that is projected to be cost effective.

    (3)   Funds may be loaned for an energy efficiency improvement that is not cost effective if that improvement is part of a package of improvements financed under the Program that cumulatively is cost effective.

  (f)   Use of funds for a renewable energy device.

    (1)   Except as provided in (f)(2), a person may borrow funds for eligible costs to install a renewable energy device only if the single-family home meets energy efficiency criteria established by the Department.

    (2)   A person may borrow funds to install a renewable energy device on a single- family home that does not meet the energy efficiency criteria in (f)(1) if the device is cost effective.

    (3)   A person may borrow funds for eligible costs to install a renewable energy device, less any amount received from a public or private program because the device is or will be installed.

**Sec. 18A-27. Home energy audit.**

  (a)   An applicant for a loan under this Program must have an submit to the County a home energy audit performed on the owner’s home by a certified energy auditor.

  (b)   The auditor must prepare a written report that:

    (1)   contains findings and recommendations to improve the home’s energy efficiency;

    (2)   identifies those cost effective energy efficiency improvements which would generate projected annual energy cost savings, based on projected energy costs set by Method (3) regulations, that are equal to or more than the estimated cost of the improvements to be financed under the County program when the cost of the improvements are amortized over 15 years; and

    (3)   identifies any public or private financing mechanisms known to the auditor that could be used to implement energy efficiency improvements.

  (c)   The cost of the audit may be included in the amount of the loan.

**Sec. 18A-28. Repayment of funds; lien.**

  (a)   The owner of single-family home must agree to repay the loan amount borrowed, amortized over 15 years, through the County property tax bill for that home.

  (b)   If the owner of the single-family home sells the home, the seller must disclose that the buyer must continue to repay the loan through the property tax bill.

  (c)   The loan amount and any accrued interest constitute a first lien on the real property to which the loan applies until paid.  The loan amount and accrued interest are collectable by suit or tax sale like all other real property taxes, to the extent allowed by State law.  If the property owner does not pay the loan and accrued interest as required, the property may be certified to the Department of Finance and the lien may be sold at the tax sale conducted by the County.

**Sec. 18A-29. Regulations.**

  The Executive must adopt regulations under Method (2) to administer the Program, including:

  (a)   lending standards and priorities;

  (b)   minimum and maximum loan amounts;

  (c)   interest rates, terms, and conditions;

  (d)   application procedures, including necessary supporting documentations;

  (e)   criteria for adequate security;

  (f)   procedures to refer applicants to other sources of funds, and to cooperate with other public and private sources of funds;

  (g)   procedures to ask the Director to reconsider any denial of a loan or any decision on interest rates, terms, and conditions;

  (h)   procedures for nonpayment or default;

  (i)   procedures and requirements for post-installation inspection;

  (j)   disclosure requirements for real estate transactions; and

  (k)   criteria for loan disbursement.

**Sec. 18A-30. Revolving loan fund.**

  (1)   Definitions.  In this Section, the following words have the meanings indicated:

    Department means the Department of Finance.

    Revolving loan fund or Fund means the special, nonlapsing fund to finance the Home Energy Loan Program established under this Article.

  (b)   The Fund consists of:

    (1)   money appropriated in the County budget for the Program;

    (2)   money received from any public or private source;

    (3)   interest and investment earnings on the Fund;

    (4)   repayments and prepayments of principal and interest on loans made from the Fund; and

    (5)   any other available funds to support the Program.

  (c)   The Department must:

    (1)   disburse funds and collect payments for a loan made under the Program; and

    (2)   maintain loan records and provide an annual report to the Department of Environmental Protection.

**Sec. 18A-31. Annual report.**

  Each August 15, the Director must submit a report to the County Executive and County Council that identifies;

  (a)   the number of recipients of loans;

  (b)   the amount of funds loaned; and

  (c)   any activities during the previous fiscal year to market the Program.

**Sec. 18A-32. Third party contract.**

  (a)   The County may contract with a non-profit or for-profit organization to take any action necessary to fulfill the purposes of this Article, including:

    (1)   prepare and review, evaluate, and approve applications;

    (2)   execute loan agreements;

    (3)   secure and service loans;

    (4)   collect loan payments; and

    (5)   conduct collections for defaulted loans.

  (b)   The County, or a contractor for the County, may charge an applicant or borrower usual and customary fees that the Department finds is consistent with the overall goals of the Program and will not inhibit utilization of the Program, including:

    (1)   application fees;

    (2)   loan origination fees;

    (3)   delinquency fees;

    (4)   costs of collection; and

    (5)   other program fees to support verification of program requirements.

### Article 5. Commercial Property Assessed Clean Energy Program.

**Sec. 18A-33. Definitions.**

  Definitions.  In this Article, the following words have the meanings indicated:

  Certified General Real Estate Appraiser means an individual who is certified as a certified real estate appraiser for general real estate under Title 16 of the Business Occupations Article of the Maryland Code.

  Climate Related Improvements or Improvements include measures that address:

    (1)   renewable energy;

    (2)   energy and water efficiency;

    (3)   environmental remediation;

    (4)   grid resilience; or

    (5)   property resilience.

  Commercial property means any real property located in the County that is either not designed for or intended for human habitation, or that is used for human habitation as a multi-family dwelling of more than 4 rental units.

  Commercial Property Assessed Clean Energy Program or Program means a program that facilitates Climate Related Improvements and requires repayment through a surcharge on the owner’s property tax bill.

  County designated program manager means a person who may be selected by the County through a competitive process to provide administrative and management services for the Program.

  Department means the Department of Finance.

  Director means the Director of the Department or the Director’s designee.

  Energy efficiency means any equipment, device, or material that is intended to decrease energy consumption or use less energy to perform the same task.

  Environmental remediation means any project that is intended to remove environmental or health hazards, including addressing indoor air quality and building material contaminants.

  Grid resilience means any capital improvement investment that addresses reliability improvements during electrical service disruptions and that are consistent with Public Service Commission regulations on interconnection and franchising.

  Private lender means a lender selected by the property owner to provide loan funds to the property owner for an Improvement.

  Property owner means a person who owns qualified property or has a ground lease or a long-term lease of 8 or more years on qualified property.

  Property resilience means any built or nature-based improvement that increases the capacity of a property to withstand natural disasters and the effects of climate change.

  Qualified property means any new or existing commercial real property that meets the eligibility criteria for the Program.

  Renewable energy means energy that naturally replenishes over a human, not a geological, time frame and that is ultimately derived from solar power, water power, or wind power. A renewable energy source does not include petroleum, nuclear, natural gas, or coal.

  Surcharge means the annual repayment of a loan, including principal, interest, and related charges, that funds an improvement and is collected through the real property tax billing process.

**Sec. 18A-34. Commercial Property Assessed Clean Energy Program - established.**

  (a)   Established.  The Director must create and administer a Commercial Property Assessed Clean Energy Program.

  (b)   Third-party lender.

    (1)   The Director may enter into an agreement with a third-party lender that funds a loan for a Climate Related Improvement. The agreement must provide for the repayment of the loan for the Improvement and any cost of administering the Program through a Surcharge on the qualified property. The loan may include the cost of materials and labor necessary for installation, any permit fee, any inspection fee, any application or administrative fee, any bank or lender fee, and any other fee that the property owner may incur for the installation of the Climate Related Improvement. The third-party lender must submit a request for collection of each Surcharge amount to the County designated program manager or, if there is no County designated program manager, to the Department no later than April 1 of each year.

    (2)   The third-party lender must record a document among the land records of Montgomery County within 30 days of the time the loan is funded, which provides notice of the Commercial Property Assessed Clean Energy loan associated with the property and that the surcharge will be collected and have lien status like all other real property taxes.

  (c)   County designated program manager.  The Director may enter into an agreement with a County designated program manager. The County designated program manager must notify the Department of the amount of the Surcharge for each account to be collected on the real property tax bill for that year’s levy no later than May 1 of each year, and in a format approved by the Department. The County designated program manager will receive the collections from the County, reconcile the collected and billed Surcharge for each account, and remit the Surcharge amount to the private lender. The County designated program manager must report annually to the County on the participants in the Program by name, property address, property tax account number, amount of each Surcharge billed, collected by the County, and remitted to the private lender, description of project, any administrative fees, the amount of each loan, the amount of each loan balance, and the term of each loan. This report must be submitted to the Department no later than February 15 of each year pertaining to activity in the prior calendar year.

**Sec. 18A-35. Eligibility.**

  In order to be eligible for this Program, the following criteria must be met:

  (a)   Eligibility.

    (1)   The property must be a qualified property.

    (2)   Before any loan is approved under the Program, the County must give due regard to the property owner’s ability to repay a loan in a manner substantially similar to that required for a mortgage loan under Sections 1-401, 12-127, 12-311, 12-409.1, 12-925, and 12-1029 of the Commercial Law Article of the Maryland Code. The County has authority to deny approval of any loan under the Program that, in its sole determination, does not meet these Sections of the Maryland Code.

    (3)   The property owner must submit the following to the lender at the time of application for funding:

      (A)   express written consent of any holder of an existing mortgage or deed of trust on a qualified property;

      (B)   verification that there are no delinquent fees, taxes, water or sewer charges, liens, or other special assessments on the qualified property;

      (C)   describe and certify on an application submitted for review that best efforts will be used to contract for services with a minority-owned business enterprise, small business, or County-based business for energy efficiency, renewable energy, and other approved climate related improvements; and

      (D)   confirmation that:

        (i)   the proposed Climate Related Improvement will be properly permitted and permanently affixed to the qualified property and comply with all applicable State and federal statutes and regulations, as determined by the appropriate regulatory authority; or

        (ii)   final inspection of an installed Climate Related Improvement has occurred within a one-year (12 months) period immediately preceding the date of Program application.

    (4)   For new commercial construction, the property must be designed to meet or exceed the energy performance required by the County building code that is in effect at the time a property owner applies to participate in the Program.

    (5)   The loan amount under this Program must meet the following criteria:

      (A)   Existing commercial construction. This subsection, 18A-35(a)(5)(A), shall be in effect for five (5) calendar years after the effective date of this amendment unless further legislative action is taken to extend it. After such date, loan amounts are subject to the conditions set by subsection 18A-35(a)(5)(C) or may be set at a higher amount subject to Director approval.

        (i)   The loan amount must be at least $5,000 and not more than 30% of either the full cash value or the appraised value of the qualified property.

        (ii)   The loan amount, together with the outstanding balance of the mortgage or deed of trust, must be no more than 90% of either the full cash value or the appraised value of the qualified property.

        (iii)   The full cash value is determined by the Maryland State Department of Assessments and Taxation. The appraised value must be determined by a Certified General Real Estate Appraiser and must have been certified no more than 12 months before the date of the loan application.

      (B)   For new commercial construction. This subsection, 18A-35(a)(5)(B), shall be in effect for five (5) calendar years after the effective date of this amendment unless further legislative action is taken to extend it. After such date, loan amounts are subject to the conditions set by subsection 18A-35(a)(5)(D) or may be set at a higher amount subject to Director approval.

        (i)   If a qualified property is designed to meet or exceed the energy performance required by the County building code by no more than 5%, the maximum loan amount must not exceed 20% of the full cash value or appraised value of the qualified property.

        (ii)   If a qualified property is designed to exceed the energy performance required by the County building code by 5% or greater, the maximum loan amount must not exceed 30% of the full cash value or appraised value of the qualified property.

        (iii)   The loan amount, together with the outstanding balance of the mortgage or deed of trust, must be no more than 90% of either the full cash value or the appraised value of the qualified property.

        (iv)   The full cash value and appraised value of the property must be determined based on the estimated value of the property as completed. The appraised value must be determined by a Certified General Real Estate Appraiser and must have been certified no more than 12 months before the date of the loan application.

      (C)   Existing commercial construction.

        (i)   The loan amount must be at least $5,000 and not more than 20% of either the full cash value or the appraised value of the qualified property.

        (ii)   The loan amount, together with the outstanding balance of the mortgage or deed of trust, must be no more than 90% of either the full cash value or the appraised value of the qualified property.

        (iii)   The full cash value is determined by the Maryland State Department of Assessments and Taxation. The appraised value must be determined by a Certified General Real Estate Appraiser and must have been certified no more than 12 months before the date of the loan application.

      (D)   For new commercial construction.

        (i)   If a qualified property is designed to meet or exceed the energy performance required by the County building code by no more than 5%, the maximum loan amount must not exceed 15% of the full cash value or appraised value of the qualified property.

        (ii)   If a qualified property is designed to exceed the energy performance required by the County building code by 5% or greater, the maximum loan amount must not exceed 20% of the full cash value or appraised value of the qualified property.

        (iii)   The loan amount, together with the outstanding balance of the mortgage or deed of trust, must be no more than 90% of either the full cash value or the appraised value of the qualified property.

        (iv)   The full cash value and appraised value of the property must be determined based on the estimated value of the property as completed. The appraised value must be determined by a Certified General Real Estate Appraiser and must have been certified no more than 12 months before the date of the loan application.

  (b)   Property assessed clean energy surcharge.

    (1)   The property owner of qualified property must agree to repay the amount financed through a Surcharge levied on the County’s real property tax bill for the qualified property.

    (2)   A Surcharge must be imposed under a written agreement between the private lender and the County. The Surcharge will be recorded in land records of the County, at the expense of the owner, within 30 days of the execution of a clean energy loan financing agreement.

    (3)   As a condition for entering into an agreement under the Program, the private lender must provide the County designated program manager and the Department a copy of the loan documents and documents that verify:

      (A)   the property owner’s ability to repay the Property Assessed Clean Energy loan in a manner substantially similar to that required for a mortgage loan;

      (B)   there are no delinquent taxes, special assessments, liens, or water or sewer charges on the qualified property;

      (C)   there are no delinquent assessments on the qualified property under the Program;

      (D)   existing mortgage or deed of trust lender consent;

      (E)   appraised value of the qualified property as certified in the appraisal report submitted by a Certified General Real Estate Appraiser if the eligibility requirement in 18A-35(a)(4) is based on the appraised value of the qualified property;

      (F)   loan to value documentation; and

      (G)   any other financial or program document that the Director deems necessary.

    (4)   In addition to the administrative fees in Section 18A-34(c), the County may collect an administrative fee through the Surcharge to cover charges relating to lending, program management, billing, or collection.

**Sec. 18A-36. Payment of surcharge; lien.**

  (a)   The County must collect the amount financed through a Surcharge on the property owner’s real property tax bill and forward payments received by the County to the County designated program manager or, if there is no County designated program manager, to the lender no later than 30 days after the payment due dates for real property taxes. Payment due dates for semi-annual real property taxes are September 30 for the first installment and December 31 for the second installment, and for annual real property taxes the payment due date is September 30.

  (b)   After receiving written notice from the County designated program manager of the execution of a clean energy loan financing agreement, the County must add the Surcharge to the property tax bill.

  (c)   If the property owner sells the qualified property, the buyer must continue to pay the Surcharge levied on the annual property tax bill.

  (d)   The Surcharge and any accrued interest or penalty constitutes a first lien on the real property to which the Surcharge applies until paid. An unpaid Surcharge will be, until paid, a lien on the qualified property on which it is imposed from the date it becomes payable. The Surcharge will accrue interest and penalty and will be treated and collected like all other County property taxes. Any delinquency will be collected through the County Tax Sale process. The provisions of Title 14, Subtitle 8 of the Tax – Property Article of the Maryland Code that apply to a tax lien will also apply to the lien created under this law. Any delinquent Surcharge collected through the County Tax Sale process must be forwarded to the County designated program manager or, if there is no County designated program manager, to the lender no later than 30 days after the payment was received.

**Sec. 18A-37. Regulations; annual report.**

  (a)   The Executive may adopt regulations under Method (2) to administer the Program.

  (b)   The Executive must submit an annual report to the County Council by March 15 of each year describing program participation, number and dollar value of Surcharge billed and collected, and other relevant information pertaining to the prior calendar year.

  (c)   The report must include details about outreach and education efforts by the designated program manager to encourage and disseminate information related to contracting with minority-owned businesses, including marketing strategies, promotions, availability of online directory, and website presence.

### Article 6. Building Energy Use Benchmarking and Performance Standards.

**Sec. 18A-38. Intent.**

  The intent of this Article is to:

  (a)   implement recommendations of the 2009 Climate Protection Plan (EEC-2), 2013 Commercial Building Energy Efficiency study (Chapter 3.2), and support efforts of the Office of Sustainability to increase energy efficiency and reduce greenhouse gas emissions in the private sector and County buildings;

  (b)   engage the commercial and multi-family residential building sector with building energy information crucial to adopting energy conservation and efficiency opportunities;

  (c)   spur market transformation by making building performance transparent for the building and tenant market, allowing more accurate evaluation of energy costs and creating a competitive market for energy efficient buildings;

  (d)   strengthen the local economy by encouraging more efficient business operations and providing new opportunities for local businesses that provide energy conservation and efficiency services;

  (e)   recognize building owners that have made investments to improve their building energy performance and expand in-house capacity for energy management; and

  (f)   improve the energy performance of covered buildings through established building energy performance standards, therefore, reducing greenhouse gas emissions from the built environment and helping the County achieve its climate action goal of zero greenhouse gas emissions by 2035.

**Sec. 18A-38A. Definitions.**

  In this Article, the following words have the meanings indicated:

  Affordable housing means a multi-family building that includes at least 50% of dwelling units whose sale or rental price do not exceed that of a moderately-priced dwelling unit under Chapter 25A.

  Benchmark means to track and input a building’s energy consumption data and other relevant building information for 12 consecutive months, as required by the benchmarking tool, to quantify the building’s energy use.

  Benchmarking tool means the website-based software, commonly known as ENERGY STAR Portfolio Manager, or any successor system, approved by the United States Environmental Protection Agency to track and assess the relative energy use of buildings nationwide.

  Building means:

      (1)   any single structure utilized or intended for supporting or sheltering any occupancy, except if a single structure contains two or more individually metered units operating independently that have stand-alone heating, cooling, hot water, and other mechanical systems, and no shared interior common areas, or;

      (2)   two or more structures utilized or intended for supporting or sheltering any occupancy, that:

        (A)   are serviced by a common energy meter;

        (B)   have a common heating or cooling system;

        (C)   share interior common areas; or

        (D)   whose configuration otherwise prevents an accurate determination of the energy consumption attributable to each individual structure.

  Building energy performance standard means a policy that sets a minimum required level of energy performance for covered buildings.

  Building performance improvement plan means a document in a format approved by the Director submitted by a covered building owner and approved by the Director as described in this Article.

  Building type means a category of covered buildings subject to the same final performance standards.

  Certificate of use and occupancy means the certificate issued by the Director that allows a building to be occupied and used.

  County-owned covered building means a building owned by the County whose gross floor area equals or exceeds 25,000 square feet.

  Covered building means a County-owned, Group 1, Group 2, Group 3, Group 4, or Group 5 covered building.

  Data center means a space designed and equipped to meet the needs of high density computing equipment such as server racks, used for data storage and processing, as defined by the benchmarking tool.

  Department means the Department of Environmental Protection.

  Director means the Director of the Department or the Director’s designee.

  Energy performance score or ENERGY STAR score means the numerical score produced by the benchmarking tool, or any successor score, that assesses a building’s energy performance compared to similar buildings, based on source energy use, operating characteristics, and geographic location.

  Final performance standard means the numeric value of site EUI that each covered building must ultimately achieve.

  Gross floor area means the total building square footage measured between the principal exterior surfaces of the enclosing fixed walls of a building. Gross floor area consists of all areas inside the building, including lobbies, tenant areas, common areas, meeting rooms, break rooms, the base level of atriums, restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, and storage rooms. Gross floor area does not include exterior spaces, balconies, patios, exterior loading docks, driveways, covered walkways, outdoor play courts (e.g., tennis, basketball), parking, the interstitial space between floors (which house pipes and ventilation), and crawl spaces. Gross floor area is not the same as rentable space, but rather includes all areas inside the building(s).

  Group 1 covered building means a privately owned nonresidential covered building whose gross floor area equals or exceeds 250,000 square feet.

  Group 2 covered building means a privately owned nonresidential covered building whose gross floor area equals or exceeds 50,000 square feet but is less than 250,000 square feet.

  Group 3 covered building means:

    (1)   a privately owned nonresidential covered building whose gross floor area equals or exceeds 25,000 square feet but is less than 50,000 square feet, or

    (2)   a privately owned nonresidential covered building whose gross floor area equals or exceeds 50,000 square feet and whose use type was previously exempted under this Article.

  Group 4 covered building means a privately owned multifamily residential or mixed-use covered building whose gross floor area equals or exceeds 250,000 square feet.

  Group 5 covered building means a privately owned multifamily residential or mixed-use building whose gross floor area equals or exceeds 25,000 square feet but is less than 250,000 square feet.

  Interim performance standard means the numeric value of site EUI which covered buildings must achieve or exceed by a fixed date every four (4) years from a covered building’s performance baseline.

  Interior common area means shared space within a building such as hallways, lobbies, stairwells, and other shared amenities (e.g., gyms, laundry rooms, party rooms).

  Mixed-use building means a building that contains both residential units and commercial space.

  Net site EUI means site energy use minus energy generated from the renewable energy allowance divided by the total gross floor area of the building expressed in thousands of British thermal units per gross square feet (kBtu/GSF).

  Newly constructed covered building means a covered building whose owner has completed construction, received a use and occupancy permit, and is able to begin benchmarking the building’s energy use and other characteristics.

  Normalized net site energy means the site energy use by the covered building normalized for weather and other characteristics within the limits of the capabilities of the benchmarking tool and normalized for other factors as determined by the Department minus energy generated from the renewable energy allowance.

  Normalized net site EUI means the total normalized net site energy use consumed by a covered building in one year divided by the total gross floor area of the building expressed in kBtu/GSF.

  Owner means an individual or legal entity in whose name a building is titled, or in the case of a community association, the governing body of either a condominium or a cooperative housing corporation.

  Performance baseline means the normalized net site EUI for a covered building averaged over two calendar years.

  Performance metric means an objectively verifiable numeric measure of normalized site EUI to determine building performance.

  Process load means energy consumed for bona fide purposes other than heating, cooling, ventilation, domestic hot water, lighting, appliances, office equipment, data centers, or other plug loads.

  Recognized data verifier means a Professional Engineer or a Registered Architect, or another trained individual whose professional license or building energy training program credential is recognized by the Director.

  Reported benchmarking information means the descriptive information about a building, its operating characteristics, and information generated by the benchmarking tool regarding the building’s energy consumption, efficiency, and performance.  Reported benchmarking information includes the building identification number, address, gross floor area, energy performance score, site energy use intensity, and annual greenhouse gas emissions.

  Site energy use means all energy used onsite by a covered building to meet the energy loads of a building, including electricity delivered to the building through the electric grid and generated onsite with renewable sources; natural gas; district steam; district hot and chilled water; diesel; propane; fuel oil; wood; coal; and other fuels used onsite. Site energy use does not include electricity used to charge vehicles.

  Site energy use intensity or site EUI means a numeric value calculated by the benchmarking tool that represents the energy consumed by a covered building relative to its size in terms of energy used per square foot of gross floor area per year.

  Tenant means a person or legal entity occupying or holding possession of a building, part of a building, or premises under a rental agreement.

**Sec. 18A-38B. Applicability.**

  This Article does not apply to a covered building for which more than 50% of the total gross floor area is used for:

  (a)   public assembly in a building without walls;

  (b)   industrial uses where the majority of energy is consumed for manufacturing, the generation of electric power or district thermal energy to be consumed offsite, or for other process loads; or

  (c)   transportation, communications, or utility infrastructure.

**Sec. 18A-39. Energy use benchmarking.**

  (a)   County-owned covered buildings.

    (1)   No later than June 1, 2015, and every June 1 thereafter, the County must benchmark any County-owned covered building whose gross floor area equals 50,000 square feet for the previous calendar year and report the benchmarking information to the Department.

    (2)   No later than June 1, 2023, and every June 1 thereafter, the County must benchmark any County-owned covered building whose gross floor area equals or exceeds 25,000 square feet but is less than 50,000 square feet for the previous calendar year and report the benchmarking information to the Department.

  (b)   Group 1 covered buildings.  No later than June 1, 2016, and every June 1 thereafter, the owner of any Group 1 covered building must benchmark the building for the previous calendar year and report the benchmarking information to the Department.

  (c)   Group 2 covered buildings.  No later than June 1, 2017, and every June 1 thereafter, the owner of any Group 2 covered building must benchmark the building for the previous calendar year and report the benchmarking information to the Department.

  (d)   Group 3 and Group 4 covered buildings. No later than June 1, 2023, and every June 1 thereafter, the owner of any Group 3 or Group 4 covered building must benchmark the building for the previous calendar year and report the benchmarking information to the Department.

  (e)   Group 5 covered buildings. No later than June 1, 2024, and every June 1 thereafter, the owner of any Group 5 covered building must benchmark the building for the previous calendar year and report the benchmarking information to the Department.

  (f)   Newly constructed covered building.  Following the first full calendar year that energy data can be collected and that the building was occupied, on average, by at least one full-time-equivalent employee (40 person-hours per week) exclusive of security guards, janitors, construction workers, landscapers, and other maintenance personnel throughout the calendar year being reported, the owner of any newly constructed covered building must benchmark the building and report to the Department no later than June 1 of that following year, and every June 1 thereafter.

  (g)   Waiver.  For any time period for which the owner of a covered building documents, in a form required by regulation, any of the conditions below, the Director may waive the benchmarking requirements of this Section.

    (1)   Financial distress, defined as a building that:

      (A)   is the subject of a tax lien sale or public auction due to property tax arrearages;

      (B)   is controlled by a court appointed receiver; or

      (C)   was recently acquired by a deed in lieu of foreclosure;

    (2)   On average, less than one full-time-equivalent employee occupied the building during the calendar year being reported;

    (3)   The covered building is newly constructed and has received its certificate of use and occupancy during the calendar year for which benchmarking is required; or

    (4)   The covered building was demolished or received its demolition permit during the calendar year for which benchmarking is required.

**Sec. 18A-40. Data Verification.**

  (a)   Verification required.  Before the first benchmarking deadline required by Section 18A-39, and before each third benchmarking deadline thereafter, the owner of each covered building must assure that reported benchmarking information for that year is verified by a recognized data verifier.  The verification must be a signed statement by a recognized data verifier attesting to the accuracy of the information.  If the Director requests, the owner of a covered building must produce the statement available for the most recent year in which verification was required.

  (b)   Alternative Verification Path.  The Director may waive the verification requirements under this Section if the owner can demonstrate that the building has achieved ENERGY STAR Certification for at least 6 months of the year being benchmarked.

**Sec. 18A-41. Solicitation of compliance information from tenants.**

  (a)   Solicitation of information from tenant.  An owner of a covered building must request relevant information from any tenant in a covered building no later than March 1 of each year in which benchmarking is required by Section 18A-39.  If the owner receives notice that a tenant intends to vacate a unit which is subject to this Section, the owner must request the information within 10 days after receiving the notice to vacate.

  (b)   Tenant response.  Within 30 days after receiving a request for information from the building owner, each tenant of a unit in a covered building must provide the building owner with all information that the owner cannot otherwise acquire that is necessary to comply with this Article.

  (c)   Failure of tenant to provide information.

    (1)   If any tenant does not provide the information required under this Section to the owner of a covered building, that fact does not relieve the owner of the obligation to benchmark the building under Section 18A-39, using all information otherwise available to the owner.

    (2)   If a tenant of a unit in a covered building does not provide information to the owner of the building under this Section, the Director must consider the owner to be in compliance with Section 18A-39 if:

      (A)   the owner shows that the owner requested the tenant to provide the information under this Section; and

      (B)   the owner benchmarked the building under Section 18A-39, using all information otherwise available to the owner.

**Sec. 18A-42. Establishment of building energy performance standards.**

  (a)   Requirement. The Department must develop and implement building energy performance standards for covered buildings. The standards must:

    (1)   increase the energy efficiency of existing covered buildings and expedite the reduction of greenhouse gas emissions from the building sector;

    (2)   use normalized net site EUI as a performance metric wherever feasible or net site EUI if the Director determines that normalization is not practical as performance metric;

    (3)   account for the renewable energy allowance in the performance metric;

    (4)   use the benchmarking tool to report building energy performance to the County; and

    (5)   utilize available data sources and best practices to establish interim and final performance standards.

  (b)   Building types.

    (1)   No later than December 31, 2023, the County Executive must issue Method (2) regulations establishing building types for every covered building.

    (2)   Covered buildings within each building type must have shared characteristics that facilitate the implementation and enforcement of this Article. The Department may define one or more building types to be identical to ENERGY STAR property type categories.

    (3)   All covered buildings within the same building type category must be subject to the same final performance standards that facilitate the implementation and enforcement of this Article.

  (c)   Performance baseline. The performance baseline for each covered building must be calculated as follows:

    (1)   County-owned covered buildings whose gross floor area equals or exceeds 50,000 square feet, Group 1 covered buildings, and Group 2 covered buildings: Average of the 2 complete years with the highest normalized net site EUI between calendar year 2018 and calendar year 2022.

    (2)   County-owned covered buildings whose gross floor area is at least 25,000 square feet but not greater than 50,000 square feet, Group 3, and Group 4 covered buildings: Average of the 2 complete years with the highest normalized net site EUI between calendar year 2022 and calendar year 2024.

    (3)   Group 5 covered buildings: Average of the 2 complete years with the highest normalized net site EUI between calendar year 2023 and calendar year 2025.

    (4)   Newly constructed covered buildings: Average of the 2 complete years with the highest normalized net site EUI over the first 3 years of benchmarking reporting.

  (d)   Interim and final performance standards.

    (1)   No later than December 31, 2023, the County Executive must issue Method (2) regulations establishing final performance standards for each building type using the normalized site EUI performance metric wherever feasible or site EUI if the Director determines that normalization is not practical.

    (2)   The Department must calculate interim performance standards for each covered building with the starting point set at the covered building’s performance baseline and continuing to the final performance standard.

    (3)   Each covered building must demonstrate progress towards the final performance standard by complying with interim performance standards every 5 years after the performance baseline year as follows:

      (A)   County-owned covered buildings whose gross floor area equals or exceeds 50,000 square feet, Group 1, and Group 2 covered buildings:

        (i)   Interim performance standard: December 31, 2028, and evaluated with June 1, 2029, benchmarking.

        (ii)   Final performance standard: December 31, 2033, and evaluated with June 1, 2034, benchmarking.

      (B)   County-owned covered buildings whose gross floor area is at least 25,000 square feet but not greater than 50,000 square feet, Group 3, and Group 4 covered buildings:

        (i)   Interim performance standard: December 31, 2030, evaluated with June 1, 2031.

        (ii)   Final performance standard: December 31, 2035, evaluated with June 1, 2036.

      (C)   Group 5 covered buildings:

        (i)   Interim performance standard: December 31, 2031, evaluated with June 1, 2032, benchmarking.

        (ii)   Final performance standard: December 31, 2036, evaluated with June 1, 2037.

      (D)   Newly constructed buildings will be added to a coverage group (Group 1, Group 2, Group 3, Group 4, or Group 5) based on gross floor area and building type:

        (i)   Interim performance standards: Evaluated with the interim standard of the building’s coverage group following creation of the performance baseline.

        (ii)   Final performance standard: Evaluated with the final performance standard of the building’s coverage group, if the performance baseline is created before the final performance standard.

    (4)   Covered buildings must maintain the final performance standards established by regulation.

    (5)   Covered buildings must demonstrate compliance with the interim and final performance standards by reporting building energy benchmarking data to the Department using the benchmarking tool. The Department must determine compliance by comparing the performance metric against the interim or final performance standards for the applicable building type.

**Sec. 18A-42A. Building Performance Improvement Board.**

  (a)   Established. The County Executive must appoint, subject to confirmation by the Council, a Building Performance Improvement Board comprised of 15 voting members. Designees of the Department of Environmental Protection, Department of General Services, Department of Housing and Community Affairs, Department of Housing and Community Development, and Department of Permitting Services are ex officio nonvoting members of the Board.

  (b)   Membership. Each voting member of the Board must be a resident of the County or a member of the governing body or staff of an entity doing business in the County. The Board should include:

    (1)   Representatives of local electricity or natural gas utilities;

    (2)   Providers of energy efficiency, building resilience and/or renewable energy services or consulting;

    (3)   Owners or managers of affordable housing;

    (4)   Owners or managers of multi-family residential buildings containing market-rate units;

    (5)   Nonresidential building owners or managers;

    (6)   Nonprofit building owners or managers;

    (7)   Technical building design or operations professionals;

    (8)   Providers of facilities, mechanical, or similar engineering services;

    (9)   Commercial or multi-family residential construction finance or investment professionals;

    (10)   Representatives of nonprofit organizations dedicated to climate action, resiliency, public health, green building, economic development, or building decarbonization; and

    (11)   Representatives of nonprofit organizations dedicated to racial equity or environmental justice.

  (c)   Terms. Each voting member serves a 3-year term beginning on January 1. Of the members first appointed, one-third must be appointed for 1-year terms, one-third must be appointed for 2-year terms, and one-third must be appointed for 3-year terms. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified. The Board must elect one of its members as Chair to be who must serve as such for one calendar year or until a successor is elected.

  (d)   Procedures. The Board must adopt rules to govern its procedures including meeting frequency, managing Chair elections, establishing committees, and other issues that pertain to Board governance.

  (e)   Duties and responsibilities. The Board must generally advise the Department on implementation of building energy performance standards. This includes providing recommendations to the Director on:

    (1)   Building type groupings;

    (2)   Interim and final performance standards for each building type;

    (3)   Managing situations where ownership of a building is transferred or a building’s type changes;

    (4)   Building performance improvement plan technical review and approval processes;

    (5)   Complementary programs or policies, with particular attention to assistance or accommodations for challenged or under-resourced sectors, such as affordable housing, non-profit organizations, and small businesses; and

    (6)   Enforcement of benchmarking requirements and performance standards.

  (f)   Compensation. The members of the Board serve without compensation.

**Sec. 18A-42B. Building performance improvement plans.**

  (a)   If a covered building owner cannot reasonably meet one or more of the applicable interim or final performance standards due to economic infeasibility or other circumstances beyond the owner’s control, based on guidelines established by regulation, the owner may submit a proposed building performance improvement plan to the Department for review and approval by the Director in consultation with the Building Performance Improvement Board.

  (b)   A building performance improvement plan must include:

    (1)   documentation of economic infeasibility or other circumstances beyond the owner’s control such that interim or final performance standards are not met;

    (2)   a list of potential improvement measures, including engineering calculations of energy savings and a cost-benefit analysis of each potential improvement measure;

    (3)   a plan and timeline for achieving energy improvements to the building’s performance that will provide cost-effective energy savings based on guidelines established by regulation, including the estimated savings to be realized by implementing all of the cost-effective measures identified in the plan; and

    (4)   procedures for correcting any noncompliance or deviation from the plan.

  (c)   The owner must submit a building performance improvement plan to the Department at least 90 days before the deadline for submitting documentation of compliance with interim or final performance standards.

  (d)   If, after consulting with the Building Performance Improvement Board, the Director approves the building performance improvement plan, the owner must record the building performance improvement plan as a covenant in the County land records and deliver a certified copy of the recorded plan to the Department. After the Director receives the certified copy of the recorded plan, the covered building will be deemed to be in compliance with the applicable interim or final performance standards as long as the owner fulfills the terms of the building performance improvement plan within the timeline specified in the plan.

**Sec. 18A-42C. Extensions and adjustments.**

  (a)   The Department may establish additional criteria recommended by the Building Performance Improvement Board for qualified affordable housing, non-profit buildings, and other buildings as appropriate to modify compliance with interim or final performance standards by regulation.

  (b)   The Director, in consultation with the Building Performance Improvement Board, may grant an extension or adjustment to an interim or final performance standard for a covered building whose owner submits a request along with documentation at least 90 days before the deadline for submitting documentation of compliance with an interim or final performance standard if any of the following conditions apply:

    (1)   A demolition permit has been issued or a demolition of the building is planned before the deadline to comply with the next interim performance standard;

    (2)   The building is in financial distress under Section 18A-39 (g)(1);

    (3)   The building is exempt from real property taxes and the owner is able to certify by the statement of a certified public accountant or by sworn affidavit that the owner’s revenue less expenses for the previous 2 years was negative;

    (4)   The Director determines that strict compliance with those standards would be economically infeasible, as defined by regulation, due to circumstances beyond the owner’s control;

    (5)   Other acceptable conditions as determined by the Director through regulation.

**Sec. 18A-43. Annual report; disclosure of benchmarking and energy performance information.**

  (a)   Annual report required.  By October 1 of each year, the Director must submit a benchmarking and building performance report to the County Executive and County Council.  The report must review and evaluate energy efficiency in covered buildings, including:

    (1)   summary statistics on the most recent reported energy benchmarking information, including information on the completeness and level of data quality of the building energy data being reported by building type per the benchmarking tool;

    (2)   discussion of any energy efficiency trends, cost savings, and job creation resulting from energy efficiency improvements;

    (3)   for County-owned covered buildings:

      (A)   the scores of County-owned covered buildings benchmarked; and

      (B)   whether the Director recommends any energy efficiency improvements for specific buildings; and

    (4)   building energy performance summary statistics, if an interim or final performance standard occurs for a covered building type in the current reporting cycle.

  (b)   Disclosure of benchmarking and building energy performance standards data.  The Director must make reported aggregated benchmarking and building energy performance standard data readily available to the public, including on the open data website created under Section 2-154, and the Director may exempt information from disclosure only to the extent that disclosure is prohibited under federal or state law.

  (c)   Exceptions to disclosure.  To the extent allowable under state law, the Director must not make the following readily available to the public:

    (1)   any individually attributable reported benchmarking information from the first calendar year that a covered building is required to benchmark;

    (2)   any individually attributable reported benchmarking or building energy performance standards information relating to a covered building if the disclosure of the covered building’s energy use would be harmful to the public interest and national security; and

    (3)   building performance improvement plans and associated documentation attributable to an individual covered building.

**Sec. 18A-43A. Regulations.**

  The County Executive may issue Method (2) regulations to administer this Article.

  (a)   The Executive must convene a Benchmarking Work Group.  Members of the Work Group must include representatives from the County, building owners and manager, industry trade associations, non-profit organizations, and utility companies.

  (b)   The Work Group must:

    (1)   review the application of Chapter 18A, Article 6, as added by Section 1 of this Act, to County buildings for the reporting period ending June 1, 2015; and

    (2)   submit a report to the County Council and County Executive by September 1, 2015 with recommendations on implementing building benchmarking for privately-owned buildings, including any proposed amendments to County law.

**Sec. 18A-43B. Penalties; enforcement.**

  (a)   A building owner must not knowingly provide false information required under this Article to the Department. The Director may revoke or modify an extension, adjustment, building performance improvement plan, or compliance with benchmarking or the interim or final performance standards in response to any false information provided by the building owner.

  (b)   Any violation of this Article is a Class A violation.

### Article 7. Montgomery County Green Bank.

**Sec. 18A-44. Purpose.**

  The County Government supports the formation of a Montgomery County Green Bank to promote and support investment in climate change mitigation and adaptation activities and provide financing for climate change mitigation and adaptation activities in the County. These activities include clean energy technologies and resiliency, sustainability, or climate adaptive projects. The Green Bank must be able to:

  (a)   serve and support climate change mitigation and adaptation activities in all sectors, including residential single-family homes and multifamily, commercial, industrial, non-profit, municipal governments, universities and colleges, schools, and hospitals;

  (b)   offer a range of financing structures, forms and techniques, such as senior loans, subordinate loans, credit enhancements, guarantees, warehousing, securitization, and other techniques that can both lower the cost of financing and increase private investment in climate change mitigation and adaptation activities;

  (c)   leverage private investment in climate change mitigation and adaptation activities through financing mechanisms that support, enhance, or complement private investment;

  (d)   consider improvements ancillary to the primary climate change mitigation and adaptation project or related to environmental health or building safety or durability;

  (e)   accept capital from the county, the state, the federal government, non-profits, foundations, and any other capital source that the Green Bank governance deems to be attractive and useful;

  (f)   recapitalize its funds through market means, including by selling whole or portions of assets (loans) through private placement or other securitization;

  (g)   stimulate the demand for climate change mitigation and adaptation activities that serve end-use customers;

  (h)   before making a loan, loan guarantee, or other form of financing support for climate change mitigation and adaptation activities, develop rules, policies, and procedures to specify borrower eligibility and any other term or condition of financial support;

  (i)   provide by resolution for the issuance of revenue bonds to finance climate change mitigation and adaptation activities;

  (j)   provide information regarding best practices for overseeing climate change mitigation and adaptation activity projects and other appropriate consumer education;

  (k)   recognize that equity investments carry more risk and may require longer term commitment to a project, justifying compliance with strict investment guidelines to be established by the Board of Directors;

  (l)   assess reasonable fees and charges on its financing activities to cover its reasonable costs and expenses, as determined by the Board of Directors appointed under Section 18A-47;

  (m)   make information regarding rates, terms, and conditions for all of its financing support transactions available to the public for inspection, including any formal annual reviews by both a private auditor and the Director of Finance, and provide details to the public on the Internet unless such disclosure includes a trade secret, confidential commercial information, or confidential financial information;

  (n)   provide leadership on environmental issues at both the County and State levels;

  (o)   maintain close liaison with government agencies and elected representatives at both the County and State levels to achieve the goals of the Green Bank; and

  (p)   undertake any other activities deemed by the Board of Directors to support the mission of the Green Bank.

**Sec. 18A-45. Definitions.**

  In this Article, the following words have the meanings indicated:

  Clean energy technologies means measures addressing energy resources and emerging energy technologies, including renewable energy systems and sources, renewable energy projects, energy efficiency projects, alternative fuels used for electricity generation, alternative fuel vehicles and related infrastructure such as electric vehicle charging station infrastructure, and smart grid and battery storage.

  Climate change mitigation and adaptation activities means activities that include clean energy technologies or resiliency, sustainability, or climate adaptive projects.

  Energy efficiency project means an improvement made to an existing property that reduces consumption of energy.

  Green Bank means the Green Bank that the County has designated to promote and support investment in climate change mitigation and adaptation activities in the County, including clean energy technologies; resiliency, sustainability, and climate adaptive projects; and other related risk reduction activities.

  Maryland Open Meetings Act means the Maryland Open Meetings Act, codified at Sections 3-101 through 3-501 of the General Provisions Article of the Maryland Code.

  Renewable energy project means a permanent improvement made to an existing property that creates, converts, stores, or actively uses renewable energy.

  Resiliency, sustainability, or climate adaptive projects mean measures designed to support property or community resilience, reliability, and environmental sustainability; property or community environmental health and environmental safety; property or community water conservation and on-site management; sustainable waste treatment; sustainable agricultural activities; and adaption of systems to manage changes to the climate, such as activities responding to extreme weather events.

**Sec. 18A-46. Designation.**

  (a)   The County Council must designate, by resolution approved by the County Executive, a single nonprofit corporation which complies with all requirements and criteria of this Article as the County’s Green Bank. If the Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes.

  (b)

    (1)

      (b)

        (2)   Except as provided in (b)(2), any designation under this Section expires at the end of the fifth full fiscal year after the resolution is adopted unless the Council extends the designation by adopting another resolution under this Section.

    (2)   If the Council President does not notify the Chair of the designated Bank’s Board of Directors, not later than June 30 of the fourth full fiscal year of the designation term, that the Council may allow the current designation to expire, the designation is automatically extended for another 5-year term.

  (c)   The Council at any time may suspend or revoke the designation of a corporation as the County’s Green Bank by resolution, adopted after at least 15 days public notice, that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 6 Councilmembers.

  (d)   To continue to qualify as the County’s Green Bank, a corporation’s articles of incorporation and bylaws must comply with all requirements of this Article.

  (e)   This Section may not be construed to prevent the corporation designated as the County’s Green Bank from:

    (1)   undertaking, during its designation, the following activities that may mature after the designation expires:

      (A)   assuming liability as guarantor, endorser, or acceptor of obligations; and

      (B)   issuing for purchase its notes, debentures, bonds, or other obligations; or

    (2)   continuing as a corporation and exercising any of its functions after expiration of its designation for purposes of orderly liquidation, including the administration of its assets and the collection of any obligations held by the corporation in its capacity as the County’s Green Bank.

**Sec. 18A-47. Board of Directors.**

  (a)   To qualify as the County’s Green Bank, a corporation’s Board of Directors must have no more than 15 voting members. The corporation’s bylaws should specify that the County Executive may appoint up to 5 board members, including the Directors of Environmental Protection and Finance, subject to confirmation by the County Council.

  (b)   Each voting member should be a resident of the County. The members of the Board of Directors should include:

    (1)   representatives of residential groups;

    (2)   representatives of low-income groups;

    (3)   representatives of environmental organizations;

    (4)   representatives of business organizations;

    (5)   persons with experience in investment or fund management;

    (6)   persons with banking and lending experience;

    (7)   persons with experience in the finance or deployment of renewable energy or energy efficiency;

    (8)   the Director of the Montgomery County Department of Environmental Protection or the Director’s designee; and

    (9)   the Director of the Montgomery County Department of Finance or the Director’s designee.

  (c)   A member must not be paid for service on the Board but may be reimbursed for necessary travel expenses.

  (d)   A member is not subject to Chapter 19A because of serving on the Board. The Bank’s bylaws must include provisions defining and regulating conflicts of interest by Board members and Bank staff.

  (e)   Notwithstanding any inconsistent provision of Section 19A-21, a member of the Board of Directors who engages in legislative or administrative advocacy as part of that member’s duties on the Board is not required to register as a lobbyist under Article V of Chapter 19A because of that advocacy.

  (f)   The Board must direct the program, management, and finances of the corporation.

  (g)   The Bank’s bylaws must provide that upon dissolution of the Green Bank, all assets must be transferred within 30 days from dissolution to either its successor Green Bank as authorized by Resolution or to the County for use permitted by the Green Bank legislation.

**Sec. 18A-48. Status; incorporation; bylaws.**

  (a)   To qualify as the County’s Green Bank, a corporation’s articles of incorporation must provide that the corporation is:

    (1)   a tax-exempt nonprofit corporation;

    (2)   not an instrumentality of the County; and

    (3)   incorporated for the sole purpose of serving as the County’s Green Bank.

  (b)   The Green Bank’s bylaws may contain any provision, not inconsistent with law or the articles of incorporation, necessary to govern and manage the Bank. The Green Bank may exercise all powers and is subject to all applicable provisions of the Financial Institutions Article of the Maryland Code.

  (c)   The Board must adopt and may amend the Green Bank’s bylaws. The Board must submit any proposed amendment to the articles of incorporation or bylaws to the Executive and Council for review and comment at least 60 days before the Board takes final action on the amendment. The Board must submit a copy of each adopted amendment to the Executive and Council within 5 days after adoption.

  (d)   The bylaws must require the Green Bank to comply with the Maryland Open Meetings Act and provide that all meetings of the Board of Directors must be open to the public except when closed on a recorded vote of the Board for a reason expressly listed in the state law.

**Sec. 18A-49. Work program; staff; support from County Government.**

  (a)   The Board of Directors must adopt a work program each year to advance the policy objectives and perform the activities listed in Section 18A-44.

  (b)   The Green Bank’s work program may include a plan for sponsorship of private investment, marketing, and advocacy initiatives.

  (c)   The Board must meet with the Executive and the Committee of the Council that oversees environmental sustainability, at least annually.

  (d)   The Department of Environmental Protection may, if the Board of Directors requests, provide incidental administrative support for the Green Bank, including contracts, grants, or services in kind, subject to appropriation.

  (e)   Funding sources for the Green Bank may include:

    (1)   federal or State funds provided to it;

    (2)   County funds, including a portion of the fuel-energy tax revenue received by the County, provided that any funds given to the Green Bank under Chapter 52, Sec. 52-14 must only be used to promote the investment in clean energy technologies and to provide financing for clean energy technologies, including renewable energy and energy efficiency projects and must not be used for resiliency activities;

    (3)   charitable gifts, grants, or contributions, investments, and loans from individuals, corporations, university endowments, and philanthropic foundations; and

    (4)   earnings and interest derived from its investments and financing support for climate change mitigation and adaptation activities backed by the Green Bank.

The Green Bank may also raise private funds and may accept services from any source consistent with its purpose.

  (f)   Restrictions on County funding.  After July 1, 2023, the Green Bank must not use the annual direct appropriations from the County to fund new mechanical energy equipment that uses fossil fuels or the equipment that upgrades the efficiency of existing mechanical energy equipment that uses fossil fuels. The Green Bank must use the annual direct appropriations from the County as follows:

    (1)   20% of the funds must be used to support the Bank’s activities in Equity Emphasis Areas in the County as defined by the Metropolitan Washington Council of Governments; and

    (2)   15% of the funds must be used to reduce the cost of energy projects undertaken by property owners by a loan subsidy, interest rate buydown, technical assistance, pre-development, blended capital, or other similar tools.

**Sec. 18A-50. Report.**

  The Board of Directors must report annually by December 31 on the activities and finances of the Green Bank to the Executive and Council. The report must include details about the use and fund balance of County funds.

  (a)   The Executive must convene a Green Bank Work Group. Members of the Work Group must include representatives from the County departments of Environmental Protection, Finance, and Economic Development; investment and financing industry, such as regional and national banks, property trusts, and other lending institutions or companies; energy services companies; building owners and managers; industry trade associations; environmental organizations; nonprofit organizations; and utility companies.

  (b)   The Work Group must:

    (1)   review the application of Chapter 18A, Article 7, as added by Section 1 of this Act, in the context of relevant best practices and local needs; and

    (2)   submit a report to the County Council and County Executive by June 30, 2016 with recommendations on implementing Chapter 18A, Article 7, including any proposed amendments to County Law.”

### Article 8. Community Choice Aggregation.

**Sec. 18A-51. Definitions.**

  In this Article, the following words have the meanings indicated:

  Community Choice Aggregator or CCA has the meaning set forth in Maryland Code § 1-101 of the Public Utilities Article, as amended.

  Director means the Director of the Department of Environmental Protection.

**Sec. 18A-52. Established.**

  (a)   There is within the Department of Environmental Protection a Community Choice Aggregator, as authorized under Maryland Code § 7-510.3 of the Public Utilities Article, as amended, to promote and facilitate the provision of clean and renewable energy to residential and small commercial electric customers within the County.

  (b)   The Director, or their designee, is responsible for all operations and functions of the CCA.

  (c)   The CCA must have the capacity to serve as the electric aggregator for the purpose of negotiating the purchase of electric generation services from an electricity supplier or from an electric generating or storage facility, or providing electricity from an electric generating facility owned by the aggregator for all residential and small commercial electric customers, all as defined in Maryland Code § 1-101 and § 7-510.3 of the Public Utilities Article, as amended, in the County and provide to its customers a percentage of renewable content that exceeds the amount required by the State’s renewable energy portfolio standards, as set forth in Subtitle 7 of the Public Utilities Article of the Maryland Code, and applicable regulation.

  (d)   In its operations, the CCA must prioritize sustainability, cost-efficiency, stability, and predictability in the provision of electricity.

**Sec. 18A-53. Electricity supply procurement.**

  The purchase of electric service by the CCA or by a contractor purchasing electric service on behalf of the CCA is exempt from Chapter 11B, other than Article XII.

**Sec. 18A-54. Aggregation Plan Notice to County Council.**

  (a)   Except as provided in Section 18A-54(b), at least 30 days before filing an Aggregation Plan or Aggregation Plan Changes with the Maryland Public Service Commission for approval as required under Maryland Code § 7-510.3 of the Public Utilities Article and Code of Maryland Regulations Sections 20.63.11.02 and 20.63.11.03, the Director must transmit the proposed Aggregation Plan or Aggregation Plan Changes to the County Council.

  (b)   If the Director transmits an Aggregation Plan or Aggregation Plan Changes to the County Council between July 15th and August 31st of a calendar year, the Director must not file the Aggregation Plan or Aggregation Plan Changes with the Maryland Public Service Commission until after September 30th of the same year. If the Director transmits an Aggregation Plan or Aggregation Plan Changes to the County Council between November 15th and December 31st of a calendar year, the Director must not file the Aggregation Plan or Aggregation Plan Changes with the Maryland Public Service Commission until after January 31st of the next year.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT.

### Article I. Erosion and Sediment Control.

**Sec. 19-1. Purpose and scope.**

  The purpose of this Chapter is to protect, maintain, and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with land disturbances. The goal is to minimize soil erosion and prevent off-site sedimentation by using soil erosion and sediment control practices designed in accordance with the applicable state law and regulations. Implementing this Chapter will help reduce the negative impacts of land development on water resources, maintain the chemical, physical, and biological integrity of streams, and minimize damage to public and private property.

  This Chapter contains minimum erosion and sediment control requirements and does not limit or repeal any other powers granted to the County by State law.

**Sec. 19-1A. Definitions.**

  In this Article, these words and phrases have the following meanings:

  Administration means the Maryland Department of the Environment Water Management Administration.

  Adverse impact means any deleterious effect on any water or wetland, including its quality, quantity, surface area, species composition, aesthetics, or usefulness for human or natural uses, which is, or may become, potentially harmful to human health, welfare, safety or property, biological productivity, diversity, or stability.

  Agricultural land management practice means a method or procedure used in the cultivation of land to further crop and livestock production and conservation of related soil and water resources.  Agricultural land management practice does not include logging and timber removal operation.

  Applicant means any person, firm, or government agency that executes the necessary forms to apply for a permit or approval to construct a project.

  As-built plan means a record drawing or plan prepared and certified by a licensed professional engineer or land surveyor that represents the actual dimensions, contours, elevations, and other characteristics of a completed structure or facility.

  Best management practice means a structural device or nonstructural practice designed to temporarily store or treat stormwater runoff to mitigate flooding, reduce pollution, and provide other amenities.

  Clearing means the act of removing vegetative cover in a manner that does not disturb root mat or the existing soil surface.

  Concept plan means the first of 3 plans submitted under the comprehensive review and approval process required by state law and includes the information necessary to allow an initial evaluation of a proposed project.

  Department means the Department of Permitting Services.

  Director means the Director of the Department of Permitting Services or the Director’s designee.

  District means the Montgomery Soil Conservation District.

  Drainage area means the area contributing runoff to a single point measured in a horizontal plane that is enclosed by a ridge line.

  Environmental site design means the use of small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.

  Erosion means the process by which the ground surface is worn by the action of the wind, water, ice, gravity, or artificial means.

  Erosion and sediment control means a system of structural and vegetative measures that minimize soil erosion and off-site sedimentation.

  Erosion and sediment control plan means an erosion and sediment control strategy or plan designed to minimize erosion and off-site sedimentation.

  Excavating means any act by which soil, earth, sand, gravel, rock, or any similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and includes the conditions that result from that act.

  Filling means any act by which soil, earth, sand, gravel, rock, or any similar material is deposited, placed, pushed, pulled, or transported, and includes the conditions that result from that act.

  Final erosion and sediment control plan means, along with the final stormwater management plan, the last of 3 plans submitted under the comprehensive review and approval process required by state law.  A final erosion and sediment control plan must be prepared and approved as required by the Department and this Chapter and designed under state Standards and Specifications.

  Finished grade means the final grade or elevation of the ground surface conforming to the approved grading plan.

  Grading mean an act by which soil is cleared, stripped, stockpiled, or any combination thereof.

  Grading unit means the maximum contiguous area allowed to be graded at a given time. For this Chapter, a grading unit is 20 acres or less.

  Highly erodible soil means soil with a slope greater than 15% or soil with a soil erodibility factor greater than 0.35 and with slopes greater than 5%.

  Inspection agency means the Administration or, if delegated enforcement authority, the Department.

  Land-disturbing activity means any earth movement and land changes which may result in soil erosion from water or wind or the movement of sediments into state waters or onto lands in the state, including tilling, clearing, grading, excavating, stripping, stockpiling, filling and related activities, and the covering of land surfaces with an impermeable material.

  Low-maintenance ground cover means vegetative ground cover that provides a thick, stabilizing root mat on slopes with a gradient between 3:1 and 2:1, and continues to provide that stabilization without requiring mowing or fertilization more than once each year.

  Maximum extent practicable means designing a stormwater management system so that all reasonable opportunities for using environmental site design planning techniques and treatment practices are exhausted and only where absolutely necessary is a structural best management practice implemented.

  Natural ground surface means the ground surface in its original state before grading, stripping, excavating or filling, or other land-disturbing activities.

  Owner/Developer means a person undertaking, or for whose benefit is undertaken, any activity covered by this Chapter. Owner/Developer does not include a general contractor or subcontractor who does not have a proprietary interest in a project.

  Permit means the sediment control permit issued by the Department authorizing land-disturbing activity under this Chapter.

  Permittee means any person to whom a permit is issued under this Chapter.

  Person means the federal government, the State, any county, municipality, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any of their affiliates, or any other entity.

  Professional engineer means an engineer duly registered by the State to practice professional engineering under state law.

  Professional land surveyor means a person who is duly registered and licensed as such under state law.

  Responsible personnel means any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or the implementation and maintenance of an erosion and sediment control plan.

  Sediment means, soil, sand, stone, or other surface material transported or deposited by the action of wind, water, ice, or gravity.

  Site means any tract, lot, or parcel of land, or combination of tracts, lots, or parcels of land that are contiguous and in one ownership, or contiguous and in diverse ownership, where development is to be performed as part of a unit, subdivision, or project.

  Site development plan means the second of 3 plans submitted under the comprehensive review and approval process required by state law.  A site development plan must include the information necessary to allow a detailed evaluation of a proposed project.

  Stabilization means the protection of exposed soils from erosion by the application of seed and mulch, seed and matting, sod, other vegetative measure, or structural means.

  Slope means the inclined surface of a fill, excavation, or natural terrain.

  Soil means any earth, sand, gravel, rock, or any other similar material.

  Standards and specifications means the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control” or any later revision.

  Stormwater means water that originates from a precipitation event.

  Stormwater management system means a natural area, environmental site design practice, stormwater management measure, or any other structure through which stormwater flows, infiltrates, or discharges from a site.

  Stripping means any activity which removes the vegetative surface cover, including tree felling or removal, clearing, grubbing and storage, or removal of topsoil.

  Tree means any woody plant having at least 1 well-defined stem or trunk measuring at least 3 inches in diameter at breast height.

  Tree canopy means the area of one or many crowns of the trees on a site, including trees in forested areas.

  Variance means a modification of minimum erosion and sediment control requirements for exceptional circumstances when strict adherence to the requirements would result in unnecessary hardship and not achieve the purposes of this Chapter.

  Watercourse means any natural or artificial watercourse, including any stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows in a definite direction or course, either continuously or intermittently. Watercourse includes an adjacent area that is subject to inundation from overflow or floodwater.

  Watershed means the total drainage area contributing runoff to a single point.

**Sec. 19-2. Permits required.**

  (a)    Except as provided in this Chapter, a person must not engage in any land-disturbing activity without first obtaining a permit.

  (b)    A permit is not required under this Chapter for:

    (1)   any minor land-disturbing activity that:

      (A)   is not associated with construction of a new residential or commercial building;

      (B)   involves less than 100 cubic yards of earth movement;

      (C)   disturbs less than 5,000 square feet of surface area;

      (D)   is not associated with a change of use from residential to any other use; and

      (E)   is promptly stabilized to prevent erosion and sedimentation;

    (2)   accepted agricultural land management practices and agricultural best management practices used in the cultivation of land to further crop and livestock production, such as plowing and construction of an agricultural structure on land that:

      (A)   has been farmed by, or with the permission of, the same owner during the preceding 5 years; or

      (B)   in the event of a transfer of ownership or other appropriate circumstance, is the subject of a declaration of intent to farm under state tax law or a comparable declaration filed with the Department by the owner;

    (3)   tree cutting that leaves the stump, ground cover, and root mat intact and which disturbs less than 5,000 square feet of tree canopy area;

    (4)   utility work performed under a Washington Suburban Sanitary Commission utility sediment control permit; or

    (5)   any clearing or grading activity that is subject exclusively to State approval and enforcement under State law and regulations.

**Sec. 19-3. Application for permit.**

  (a)    An application for a permit must be filed on forms approved by the Department and include:

    (1)   all information required by the Department, including identity of property owner, developer of the property, and land-disturbing activity to be performed;

    (2)   written permission from the owner for agents of the Department to enter the property specified in the application for inspection and enforcement under this Chapter;

    (3)   all required fees;

    (4)   all related soil erosion and sediment control plans; and

    (5)   any required financial security.

  (b)    A separate permit is required for each site.

  (c)    A sediment control permit is transferable.

  (d)    A permit must not be issued for land disturbance associated with building or development that is not permitted by applicable zoning, special exceptions, and variances.

  (e)   A permit must not be issued to a person who must comply with Chapter 22A until a final forest conservation plan is approved and any required financial security is provided. However, a permit may be issued before a final forest conservation plan is approved if the land-disturbing activity is specified on the approved preliminary plan of subdivision, preliminary forest conservation plan, project plan, development plan, sketch plan, floating zone plan, or approved plan amendment.  Any land-disturbing activity must comply with all terms and conditions of the permit.

  (f)   The Department must issue a permit to an applicant if the application and plans comply with this Chapter, applicable regulations, and the Standards and Specifications.

  (g)    A sediment control permit must not be issued for any grading or land-disturbing activity that is located in or within 25 feet of a 100-year floodplain if the activity requires and has not received a floodplain district permit under Article III.

**Sec. 19-4. Variances.**

  The Department may only grant a variance from the requirements of the Standards and Specifications when strict adherence will result in exceptional hardship and not achieve the purposes of this Article.  The applicant must submit a written request for a variance to the Department. The request must specify the variance sought and the reasons to allow it.  The Department must not grant a variance unless the unique circumstances of the site justify the variance.

**Sec. 19-4A. Review and approval of erosion and sediment control plans.**

  (a)   The Department must review each erosion and sediment control plan to determine compliance with this Chapter and the Standards and Specifications before the plan can be approved.  In approving a plan, the Department may impose conditions necessary to ensure compliance with this Chapter and state law and to protect public health and safety.

  (b)   The review and approval process must be part of the comprehensive and integrated plan approval process described in state law.

  (c)   A concept plan must at least include the mapping of natural resources and sensitive areas, including highly erodible soils and slopes greater than 15%.  If these areas would not remain undisturbed, either the concept or site development plan must describe any enhanced protection strategy for these areas during construction.

  (d)   A site development plan application must include all concept plan information and indicate how any proposed erosion and sediment control practice will be integrated with any proposed stormwater management practice.  The stormwater management practice must be shown through a narrative and an overlay plan showing both environmental site design and any erosion and sediment control practice.  An applicant should submit an initial sequence of construction and proposed project phasing to achieve the grading unit restriction.  If the Director approves, the concept plan and site development plan may be combined.

  (e)   An applicant must submit a final erosion and sediment control plan to the Department for review and approval.  The plan must include all information required by the concept plan and site development plan and any relevant information not already submitted.

  (f)   A final erosion and sediment control plan is not approved until the Department signs and dates the plan.

**Sec. 19-5. Modifications of plans.**

  (a)    Any major modification of an approved plan must be submitted to the Department and processed in the same manner as the original plan, where:

    (1)   field inspection or evaluation of the plan has revealed the inadequacy of the plan to accomplish erosion and sediment control objectives; or

    (2)   the person responsible for carrying out the approved plan finds that, because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out.

  (b)    The Department may, in emergency situations and at its discretion, require the installation of interim erosion and sediment control measures to protect stream channels, other properties, or the general public from damage, that will remain in effect until modifications or revisions to the plan are approved and implemented.

  (c)    The Department may allow a minor field modification if the modification is consistent with this Chapter, regulations, and state law. The Department must establish a list of allowable field modifications, subject to approval by the Administration.

  (d)    If a violation of the limits of disturbance shown on the approved plan involves removal or damage to trees, the permittee must obtain and implement an approved reforestation plan from the Planning Board.

**Sec. 19-5A. Contents of an erosion and sediment control plan.**

  (a)   An applicant is responsible for submitting an erosion and sediment control plan that meets the requirements of the Department, this Chapter, and state law.  The plan must include sufficient information to evaluate the environmental characteristics of the affected area, the potential impacts of the proposed grading on water resources, and the effectiveness and acceptability of any measure proposed to minimize soil erosion and off-site sedimentation.

  (b)   An applicant must at least submit:

    (1)   a letter of transmittal and/or application;

    (2)   the name, address, and telephone number of:

      (A)   the owner of the property where the grading is proposed;

      (B)   the developer; and

      (C)   the applicant;

    (3)   a vicinity map indicating north arrow, scale, site location, and other information necessary to easily locate the property;

    (4)   a drainage area map at 1" = 200' minimum scale, showing existing, interim, and proposed topography, any proposed improvement, standard symbols for proposed sediment control features, and pertinent drainage information, including provisions to protect downstream areas from erosion for at least the closer of 200 feet downstream or the next conveyance system;

    (5)   the location of any natural resource, wetland, floodplain, highly erodible soil, slopes 15% and steeper, and any other sensitive area;

    (6)   a general description of the predominant soil types on the site, as described in appropriate soil survey information available through the local soil conservation district or the USDA Natural Resources Soil Conservation Service;

    (7)   any proposed stormwater management practice;

    (8)   an erosion and sediment control plan, including:

      (A)   the existing topography and improvements, and any proposed topography and improvements, at a scale between 1" = 10' and 1' = 50' with 2 foot contours or another approved contour interval.  For any project with more than minor grading, interim contours may also be required;

      (B)   scale, project and sheet title, and north arrow on each plan sheet;

      (C)   the limit of disturbance (LOD), including:

        (i)   limit of grading (grading units, if applicable);

        (ii)   initial, interim, and final phases; and

        (iii)   staging and stockpile areas, including those on existing impervious areas;

      (D)   the proposed grading and earth disturbance, including:

        (i)   total disturbed area;

        (ii)   volume of cut and fill quantities; and

        (iii)   volume of borrow and spoil quantities;

      (E)   any storm drainage feature, including:

        (i)   any existing or proposed bridge, storm drain, culvert, or outfall;

        (ii)   velocities and peak flow rates at outfalls for 2-year and 10-year frequency storm events; and

        (iii)   site conditions around points of all surface water discharge from the site;

      (F)   any erosion and sediment control practice to minimize on-site erosion and prevent off-site sedimentation, including:

        (i)   salvage and reuse of topsoil;

        (ii)   phased construction and implementation of a grading unit to minimize disturbance, both in extent and duration;

        (iii)   the location and type of any proposed sediment control practice;

        (iv)   design details and data for any erosion and sediment control practice; and

        (v)   any specification for any temporary and permanent stabilization measure, including:

          1.   the “Standard Stabilization Note” on the plan stating:

        “Following initial soil disturbance or re-disturbance, permanent or temporary stabilization must be completed within:

            a.   3 calendar days as to the surface of any perimeter dike, swale, ditch, perimeter slope, and any slope steeper than 3 horizontal to 1 vertical (3:1); and

            b.   7 calendar days as to any other disturbed or graded area on the project site not under active grading.”;

          2.   any detail for an area requiring accelerated stabilization; and

          3.   any maintenance requirement under state law;

      (G)   a sequence of construction describing the relationship between the implementation and maintenance of any control, including permanent and temporary stabilization, and the stages or phases of each disturbance and construction.  The Department must approve any revision to the sequence of construction before construction begins.  The sequence of construction must include:

        (i)   a request for a pre-construction meeting with the appropriate enforcement authority;

        (ii)   clearing and grubbing as necessary to install perimeter controls;

        (iii)   construction and stabilization of perimeter control;

        (iv)   remaining clearing and grubbing within installed perimeter controls;

        (v)   road grading;

        (vi)   grading for the rest of the site;

        (vii)   utility installation and connections to each existing structure;

        (viii)   construction of any building, road, and other construction;

        (ix)   final grading, landscaping, and stabilization;

        (x)   installation of any stormwater management measure;

        (xi)   approval of the appropriate enforcement authority before removing any sediment control; and

        (xii)   removal of any control and stabilization of any area that is disturbed by the removal of a sediment control;

      (H)   a statement requiring the permittee to contact the Department at the following stages of the project or as required in the approved erosion and sediment control plan, grading permit, or building permit;

        (i)   before beginning any earth disturbance;

        (ii)   after completing the installation of any perimeter erosion and sediment control, but before any other earth disturbance or grading;

        (iii)   before beginning another phase of construction or opening of another grading unit; and

        (iv)   before removing any sediment control practice;

      (I)   certification by the permittee that any clearing, grading, construction, or development will be done as required by the approved erosion and sediment control plan.  The certification must also require that the responsible personnel involved in the construction project have earned a Certificate of Training at a training program approved by the state Department of the Environment for the control of erosion and sediment before beginning the project; and

      (J)   certification by a professional engineer, land surveyor, landscape architect, architect, certified professional in erosion and sediment control, or forester (for forest harvest operations only) registered in the State, that the plan complies with erosion and sediment control laws, regulations, and standards, if required by the Department or the Administration; and

    (9)   any additional information or data that the Department specifies.

**Sec. 19-5B. Standard erosion and sediment control plan.**

  (a)   The Department may adopt a standard erosion and sediment control plan for any activity with minor earth disturbance, such as a single-family residence, small commercial or other similar building site, minor maintenance grading, and minor utility construction.

  (b)   A standard erosion and sediment control plan must meet the requirements of this Chapter and state law.

  (c)   The state Department of the Environment must approve a standard plan before the Department adopts it.

**Sec. 19-6. Fees.**

  The County Executive, by Method 3 regulation, may establish, increase, or decrease permit and inspection fees and set nonrefundable fee schedules for filing, additional submissions, and permit renewals in an amount that does not exceed the reasonable cost of administering and enforcing this Chapter.

**Sec. 19-7. Permit conditions.**

  (a)   The Director must attach any condition to each permit that is necessary to:

    (1)   prevent sedimentation to public or private property or a sewer, storm drain, or water course;

    (2)   prevent a land-disturbing activity from being hazardous to life or property;

    (3)   prevent an adverse environmental impact; and

    (4)   assure compliance with the plan.

  (b)   Each condition must be listed on or attached to the plan.  These conditions may include requirements for a wall, drain, dam, structure, planting, erosion and sediment control devise, or necessary drainage easement.

  (c)   The Director must require each permittee to designate responsible personnel to take charge of on-site clearing, grading or sediment control associated with an approved land- disturbing activity.  Any individual so designated must have completed a training program approved by the Administration.

  (d)   Responsible personnel must:

    (1)   inspect the site each week to assure compliance with the plan; and

    (2)   maintain a log which details the results of any inspection, assessment of conditions and maintenance of any sediment control device.

  (e)   The Director may require a permittee to provide an independent design professional to monitor and report to the Department on installation and maintenance of an erosion and sediment control device if a violation of the plan caused serious environmental impact to a watercourse or when a land-disturbing activity is taking place in an environmentally sensitive area.

  (f)   The Director must require a permittee to implement any reasonable precaution to prevent particulate matter from becoming airborne when any land-disturbing activity is planned in a potential asbestiform area.

**Sec. 19-8. Permit expiration and renewal.**

  Any permit and plan is valid for 2 years after it is issued.  The Director may extend any permit or plan for 1 year if a permittee so requests.  The Director may impose an additional standard or requirement as part of any extension. The Director may require a plan modification as part of any extension.

**Sec. 19-8A. Grandfathering of approved plans.**

  (a)   Any plan that is finally approved after January 9, 2013, must comply with this Chapter and state law.

  (b)   A plan that is finally approved on or before January 9, 2013, may be reapproved with existing conditions if any grading activity begins on the site by January 9, 2015, except any stabilization requirement.

  (c)   Any stabilization practice must comply with this Chapter and state law by January 9, 2013, regardless of when an approved erosion and sediment control plan was approved.

**Sec. 19-9. Permit revocation or suspension; stop work order.**

  (a)    The Director may suspend or revoke any permit issued under this Chapter, after notice, for:

    (1)   violation of the plan or any condition of the permit;

    (2)   violation of this Chapter or any other applicable law or regulation relating to the work;

    (3)   any condition or act creating a nuisance or hazard, or endangering human life or the property of others; or

    (4)   failure of the approved erosion and sediment control plan to achieve required erosion and sediment control objectives due to site characteristics or conditions.

  (b)    In addition to the Director’s authority under subsection (a), the Director may post a site with a stop work order directing that all land-disturbing activity stop immediately, if:

    (1)   the land-disturbing activity violates a condition or requirement of a County or Washington Suburban Sanitary Commission sediment control permit, application or approved plan or this Chapter or applicable regulations;

    (2)   the Department has given written warning notice to the permittee or its representative that lists any corrective measures required and the time by which the corrections must be made; and

    (3)   the permittee does not comply with the warning notice within the specified time.

  (c)    The Director may issue a stop work order without a warning notice where:

    (1)   land disturbance is taking place that requires a permit under this Chapter and a permit has not been issued;

    (2)   required sediment control measures are not installed, inspected, and approved before the land disturbance;

    (3)   the limits of disturbance are being violated; or

    (4)   inspection reveals the existence of any condition or act that endangers human life, property of others, or water quality.

  (d)   The Department must provide written notice to the permittee or its representative when a stop work order is issued. That notice must specify the extent to which work is stopped and the conditions under which work may resume. The permittee is responsible for the actions of its agents and must notify those agents when a stop work order is issued that will affect an area within which the agents are to work.  In this context, “agent” includes any person who acts at the instruction, with the permission, or to the benefit of the permittee.

  (e)    A person must not continue or permit the continuance of work in an area covered by a stop work order, except any work required to correct a sediment control violation.

  (f)    This Section does not restrict the Department from proceeding directly with any available alternative enforcement procedure under Section 19-69.

  (g)    If trees have been cut in violation of this Chapter, the Department may require as a corrective measure that the violator comply with a reforestation plan approved by the Planning Director.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 19-10. Financial Security.**

  (a)

    (1)   The Director must, before issuing a permit, require a corporate bond or an irrevocable letter of credit from a financial institution, or a cash bond, a certificate of guarantee, or other instrument, in a form satisfactory to the Director and approved by the County Attorney. That instrument must be conditioned on the faithful performance of the conditions in the permit, and any soil erosion and sediment control measure specified in the permit, within the time specified by the Director or any extension granted by the Director.  In this Article, a certificate of guarantee is an instrument issued by an organization or entity that is approved by the Director and meets the capitalization and other reasonable criteria established by regulation, including:

      (A)   the demonstrated expertise of the issuing organization or its members in erosion and sediment control;

      (B)   the estimated square footage of the land included in the land-disturbing activity to be performed by the permittee;

      (C)   the estimated square footage of the area of all land-disturbing activities guaranteed by the issuing organization or entity; and

      (D)   the incidence of violation of, or otherwise failing to comply with, this Chapter by all members of the issuing organization or entity.

    (2)   A certificate of guarantee must only be issued by an approved organization or entity on behalf of members in good standing of that organization or entity.  Any question as to the eligibility of a permittee to post a certificate of guarantee must be resolved by the Director in the Director’s sole discretion.

    (3)   The amount of the bond, irrevocable letter of credit, certificate of guarantee or other instrument required by this section is $300, plus 2 cents per square foot of the area included in the land-disturbing activity, plus an amount set by the Director to secure the costs of improvements required in approved plans, which must not exceed a total of $10,000.

    (4)   The instruments required under this Section may be combined with the instruments required under section 19-32 pertaining to a storm water management facility, so that one instrument may be used to satisfy both requirements.

    (5)   The Director may grant a partial or complete waiver of the bond, letter of credit, certificate of guarantee, or other instrument, upon application, if the Director finds minimal impairment of existing surface drainage, minimal erosion hazard, and minimal sedimentation hazard on any adjacent land or watercourse, and no hazard to human life or property.

    (6)   A corporate bond or letter of credit must be executed and maintained by a financial institution, surety, or guaranty company qualified to do business in this state and must be conditioned on the faithful performance of the conditions and soil erosion and sediment control measures specified in the permit. A cash bond must be deposited with the Director of Finance, who must give a receipt for it, reciting that the cash has been deposited in compliance with and subject to this Section.

    (7)   The bond, letter of credit, certificate of guarantee, or other instrument obligates the permittee, the permittee's executors, administrators, successors and assigns, jointly and severally with the surety or issuing organization or entity, and inures to the benefit of the County and to any person aggrieved by the permittee's failure to comply with the conditions of the permit. The permittee and the issuing organization or surety must, under the bond, letter of credit, certificate of guarantee, or other instrument, continue to be firmly bound under a continuing obligation to pay all necessary costs and expenses or liabilities which may be incurred or expended by the Department to meet the minimum requirements of this Chapter.

  (b)    If the Department finds that a default has occurred in the performance of any term or condition of the permit, bond, letter of credit, certificate of guarantee, or other instrument, the Department must give written notice to the permittee and to the surety or issuing organization or entity. That notice must specify the work to be done, the estimated cost, and the period of time the Department finds to be reasonably necessary to complete the work.

  (c)    If a cash bond has been posted, notice of default as provided by the preceding paragraphs must be given to the permittee; and if compliance is not obtained in the time specified, the Department must proceed without delay, and without further notice or proceedings, to use the cash deposited, or any part of the deposit, to cause the required work to be done by contract or otherwise in the Director’s discretion.

  (d)    After any default in the performance of any term or condition of the permit, bond, letter of credit, certificate of guarantee, or other instrument, the County, the surety, the issuing organization or entity, or any person employed or engaged on its behalf may enter the site to complete the required work necessary to control erosion and sedimentation to protect properties, watercourses, and persons. If the Department undertakes this work with the funds from a forfeited cash or corporate bond, letter of credit, certificate of guarantee, or other instrument, the funds must be used to pay the cost of contracting, including engineering and administration, for necessary restoration of the site to control erosion and sedimentation as required by the plan, permit, bond, letter of credit, certificate of guarantee, other instrument, or this Chapter.  If the cost of the work necessary to control erosion and sedimentation or to protect properties, watercourses, and persons exceeds the amount of the cash or corporate bond, letter of credit, certificate of guarantee, or other instrument, the permittee must continue to be obligated to pay all excess costs and expenses incurred by the County. The cost and expenses are a lien on all property and all rights to property, real or personal, of any person liable to pay that cost. The cost may be listed on the tax bill and collected in the manner of ordinary taxes.

  (e)    A person must not interfere with or obstruct the access to or from a site or premises by an authorized representative or agent of any surety, issuing organization or entity, or the Department, engaged in completing the work required to be performed under the permit or in complying with the permit.

  (f)    A corporate bond, letter of credit, certificate of guarantee, or other instrument remains in effect until a completion certificate is issued under Section 19-14.  A cash bond must be returned to the depositor or to the depositor’s successors or assigns when a completion certificate is issued for the work under Section 19-14, except any portion that may have been used.

  (g)    The Director immediately must suspend the permit or issue a stop work order when any permittee does not maintain the bond or certificate of guarantee. If the Director finds a violation of an applicable law or regulation by an organization or entity issuing certificates of guarantee, the Director may immediately revoke all permits of members of that organization or entity for which a certificate of guarantee is posted, and may post stop work orders wherever applicable until an appropriate bond or other instrument acceptable to the County is substituted for the certificates of guarantee.

**Sec. 19-11. Liability insurance.**

  (a)   If the Director finds that the nature of the work  may create a hazard to human life or endanger adjoining property or property at a higher or lower elevation, or any street or street improvement, or any other public property, the Director may, before issuing the permit, require the applicant for a permit to file a certificate of insurance.

  (b)   The certificate must show that the applicant is insured against claims for damages for personal injury and property damage in an amount not less than $25,000. Those damages include damage to the County by deposit or washing of material onto County streets or other public improvements, which may arise from or out of the performance of the work, whether the work is performed by the applicant, a subcontractor, or any person directly or indirectly employed by the applicant.

  (c)   The Director must set the amount of insurance according to the nature of the risks involved. Insurance must be written by a company licensed to do business in the state and approved by the County.  Issuance of a permit, or compliance with this Chapter or any condition imposed by the Department, does not relieve any person from any responsibility for damage to persons or property otherwise imposed by law or impose any liability on the County for damages to persons or property.

**Sec. 19-12. Inspections.**

  (a)    Any authorized representative of the Department may enter any property permitted under this Chapter to inspect and enforce this Chapter.

  (b)    Land-disturbing activity requiring a permit must not proceed until the Department approves.  All work must be performed in accordance with the sequence approved by the Department.

  (c)    The permittee must notify the Department 48 hours before beginning any land-disturbing activity and, unless the Department waives the meeting, must hold a preconstruction meeting with an authorized representative of the Department.

  (d)    The permittee must keep a copy of the approved erosion and sediment control plan and the permit available on the site for inspection by any authorized representative of the Department. Field markings showing limits of disturbance must be on site during any  land-disturbing activity.

  (e)    Each site that has an erosion and sediment control plan must be inspected on average, every 2 weeks.  Unless waived, the permittee must obtain an inspection by the Department at the following stages:

    (1)   after installing any sediment control measure or practice and before any other land disturbance;

    (2)   during the construction of any sediment basin or stormwater management structure, at each required inspection point;

    (3)   during rough grading, including hauling of any imported or wasted material;

    (4)   before removing or modifying any sediment control measure or practice; and

    (5)   after completing final grading, including established ground cover and planting, installation of any vegetative measure, and all other work required by the approved plan.

  (f)    If a person does not comply with this Chapter, the Department must inspect the work and notify the permittee and the responsible personnel in writing.  The notice issued must at least state the nature of the violation, any practice or plan deficiency, required corrective action, and compliance time.  Any part of the work that does not comply promptly must be corrected by the permittee. The Department may make additional inspections as it deems necessary, and may waive inspections, other than the final inspection under Section 19-14. The Department must maintain a permanent record of each inspection. That record must include the date, the location or project identification, whether the approved plan has been implemented and measures maintained, and, if a violation exists, the enforcement action taken.

  (g)    When approved plans developed under this Chapter show the use of temporary basins or permanent stormwater management structures, the Department may require the submission of supportive documents such as test results, as-built plans, or material certifications. If necessary, in addition to its own inspections, the Department may require any part of the construction of basins or structures to be inspected and certified by a licensed professional engineer or land surveyor.  At the Director's option, the permittee may secure the services of a licensed professional engineer or land surveyor to inspect the construction of the facilities and provide the Department with a fully documented certification that all construction is done in accordance with the approved plan and all applicable rules, regulations and specifications.  If a certification is provided to the Department, the Department may waive any inspection required under Section 19-12(e)(2) for that basin or structure.  In these cases, the Department must be notified at the required inspection points and may make spot inspections.

  (h)   This Section does not restrict the Department from proceeding directly with any available alternative enforcement procedure under Section 19-69.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 19-12A. Complaints.**

  The Department must accept and investigate any complaint about erosion and sediment control concerns from any source, and must:

  (a)   conduct an initial investigation within 3 working days after receiving the complaint;

  (b)   notify the complainant of the initial investigation and findings within 7 days after receiving the complaint; and

  (c)   take appropriate action when any violation is discovered during the complaint investigation.

**Sec. 19-13. Maintenance of structures, measures and devices.**

  (a)    The permittee or the owner of any property on which work has been done under a permit granted under this Chapter, or any other person or agent in control of that property, must maintain in good and effective condition and promptly repair or restore any grade surface, wall, drain, dam or structure, planting, vegetation, erosion and sediment control measure, or other protective device. Repair or restoration, and maintenance, must be in accordance with the approved plan, Standards and Specifications, and permit as required by this Chapter until permanent measures are accepted by the Department.

  (b)    Any person who performs work under a Washington Suburban Sanitary Commission utility sediment control permit is responsible for the repair or maintenance of all erosion and sediment control measures affected by the utility construction. Repair or maintenance must completed as provided in subsection (a).

**Sec. 19-14. Completion.**

  Immediately after completing a project, the permittee must notify the Department and schedule a final inspection. If ,upon final inspection of the project, the Department finds that all work subject to inspection has been satisfactorily completed in accordance with this Chapter, the permit, approved plans and specifications, and applicable regulations, and the Department accepts any supporting documents required under Section 19-12(g), the Department must issue a completion certificate covering the work to the permittee.

**Sec. 19-15. Protection of adjacent property.**

  Any land-disturbing activity must not be conducted without adequate protection and support for any adjoining property. The Director may require installation of a wall, fence, rail, sediment control measure, or other item to protect people and property.

**Sec. 19-16. Deposits of soil or other material prohibited.**

  (a)    A person must not engage in any land-disturbing activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material, to be deposited on or to roll, flow, or wash on or over the land of another and cause damage without the express written consent of the owner of the affected premises.  A permittee must not engage in any land-disturbing activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material to be deposited on or to roll, flow, or wash on or over any public street, street improvement, road, sewer, storm drain, watercourse, right-of-way, or any public property in a manner to damage or to interfere with the use of that property.

  (b)    A person must not, when hauling soil, earth, sand, gravel, rock, stone, or other material over any public street, road, alley, or public property, allow those materials to blow or spill over or on any street, road, alley, or public property or adjacent private property.

  (c)    If any soil, earth, sand, gravel, rock, stone, or other material is caused to be deposited on or to roll, flow, or wash on any public or private property in violation of subsection (a) or (b), the permittee or person responsible must be notified by the Department and must cause the material to be removed from that property within 24 hours. In an immediate danger to the public health or safety, the Department must give notice by the most expeditious means, and the material must be removed immediately. If the material is not removed, the Department may arrange for its removal; and the cost of that removal must be paid to the County by the person who failed to remove the material. The cost of removal is a lien on all property and all rights to property, real or personal, of any person liable to pay that cost. The cost of removal must be listed on the tax bill and must be collected in the manner of ordinary taxes.  However, this Section does not prohibit the Department from proceeding directly with any alternative enforcement procedure under Section 19-69.

**Sec. 19-17. Regulations.**

  (a)    The Director may recommend regulations to administer this Article, may hold public hearings on any proposed regulation, and must obtain recommendations from the Montgomery Soil Conservation District before forwarding the recommendations to the County Executive. These regulations must include:

    (1)   minimum erosion and sediment control plan requirements;

    (2)   maximum duration of exposure;

    (3)   critical slope protection;

    (4)   on-site grading controls;

    (5)   on-site drainage controls; and

    (6)   protection of specimen trees.

  (b)    The Director may recommend one or more methods to calculate the amount of surface area affected by tree cutting, including using tree cover measurements.

  (c)    The County Executive must adopt any regulation under subsection (a) under method (2).

  (d)    Regulations adopted under this Section must not conflict with or waive any provision of this Chapter, and must not be less restrictive than applicable requirements of state law or regulation.

**Sec. 19-18. Reserved.**

**Sec. 19-19. Reserved.**

### Article II. Storm Water Management.

**Sec. 19-20. Purpose of article; scope.**

  The purpose of this Article is to protect, maintain and enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with increased stormwater runoff from developed and developing lands.  The primary goal of the County is to maintain after development, as nearly as possible, the pre-development runoff characteristics, and to reduce stream channel erosion, pollution, siltation and sedimentation, and local flooding by implementing environmental site design to the maximum extent practicable and using appropriate structural best management practices only when necessary.  The 2000 Maryland Stormwater Design Manual and any later revisions are incorporated by reference as if fully contained in this Article.

**Sec. 19-21. Definitions.**

  In this Article, the following words and phrases have the following meanings unless the context indicates otherwise:

  Administration: The Water Management Administration of the Maryland Department of the Environment.

  Administrative waiver: A decision by the Department to allow the construction of a development to be governed by the County stormwater management law in effect as of May 4, 2009.  An administrative waiver is distinct from a waiver granted under Section 19-24.

  Agricultural land management practice: Any method or procedure used in the cultivation of land in order to further crop and livestock production and conservation of related soil and water resources.

  Applicant: A landowner, contract purchaser or other person that assumes the legal responsibility for developing land subject to this Article.

  Approval: A documented action by the Department after a review to determine and acknowledge the sufficiency of submitted material to meet the requirements of a specified stage in the County’s development review process.  Approval does not mean an acknowledgment by the Department that submitted material has been received for review.

  Best management practice: A structural device or nonstructural practice designed to temporarily store or treat stormwater runoff to mitigate flooding, reduce pollution, recharge groundwater, and provide other amenities related to the management of stormwater runoff.

  Board: The County Planning Board.

  Channel protection storage volume: The volume used to design structural best management practices to control stream channel erosion.

  Commission: The Maryland-National Capital Park and Planning Commission.

  Concept plan: The first of 3 required plan approvals that includes the information necessary to allow an initial evaluation of a proposed project.

  Department: The Department of Permitting Services.

  Design Manual: The 2000 Maryland Stormwater Design Manual, as revised from time to time, which serves as the official guide for stormwater management principles, methods, and practices in Maryland.

  Development: A project that consists of subdividing land or adding buildings and other improvements to individual parcels of land.

  Director: The Director of the Department of Permitting Services or the Director’s designee.

  Director of Environmental Protection: The Director of the Department of Environmental Protection, or the designee of the Director of Environmental Protection.

  Director of Finance: The Director of the Department of Finance or the Director’s designee.

  District: The Montgomery Soil Conservation District.

  Drainage area: That area that contributes runoff to a single point, measured in a horizontal plane.

  Environmental site design (ESD): Using small-scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of development on water resources. Methods to design ESD practices are specified in the Design Manual.

  Erosion: The process by which the ground surface is worn away by the action of wind, water, ice, or gravity.

  Executive: The County Executive or the County Executive’s designee.

  Extreme flood volume: The storage volume required to control the infrequent but large storm events during which overbank flows reach or exceed the boundaries of the 100-year floodplain.

  Final project approval: Approval of the final stormwater management plan and erosion and sediment control plan required to construct a project’s stormwater management facilities.  Final project approval also includes securing bonding or financing for final development plans if either is required as a prerequisite for approval.

  Final stormwater management design plan. The last of 3 required plan approvals that includes the information necessary to allow all approvals and permits to be issued by the appropriate authority.

  Functional master plan: A master plan for conserving and managing a watershed.

  Impervious area or impervious surface: Any surface that prevents or significantly impedes the infiltration of water into the underlying soil, including any structure, building, patio, sidewalk, compacted gravel, pavement, asphalt, concrete, stone, brick, tile, swimming pool, or artificial turf.  Impervious surface also includes any area used by or for motor vehicles or heavy commercial equipment, regardless of surface type or material, including any road, driveway, or parking area.

  Infiltration: The passage or movement of water into the soil surface.

  Maximum extent practicable (MEP): Designing stormwater management systems so that all reasonable opportunities for using environmental site design planning techniques and treatment practices are exhausted and, only where absolutely necessary, a structural best management practice is implemented.

  Nonprofit organization: A corporation, foundation, or other legal entity that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code.

  Nonstructural maintenance: Grass cutting; removal of litter and debris, tree limbs, algae and aquatic plants; tree and shrub trimming and removal; maintenance of fences; aesthetic improvements such as graffiti removal, and any other enhancement in and around a stormwater management facility that is not essential to ensure that the facility continues to function properly.

  Off-site stormwater management: The design and construction of a facility to control stormwater runoff from more than one development.  An off-site stormwater management facility may be located in a development and would be on-site with respect to that development, but the facility is off-site with respect to all other developments that the facility serves.

  On-site stormwater management: The design and construction of stormwater practices to control stormwater runoff in a development.

  Overbank flood protection volume: The volume controlled by structural practices to prevent an increase in the frequency of out of bank flooding generated by development.

  Person: An individual; a legal entity; or a department, agency, or instrument of the County or to the extent allowed by law, federal, state, or local government.

  Planning Director: The Director of the County Planning Department, or the Director’s designee.

  Planning techniques: A combination of strategies employed early in project design to reduce the impact from development and to incorporate natural features into a stormwater management plan.

  Preliminary plan: A preliminary plan of subdivision, approved under Chapter 50.

  Preliminary project approval: An approval as part of the Department’s preliminary development or planning review process that includes at least:

  (a)   the number of planned dwelling units or lots;

  (b)   the proposed project density;

  (c)   the proposed size and location of all land uses for the project;

  (d)   a plan that identifies:

    (1)   the proposed drainage patterns;

    (2)   the location of each point of discharge from the site; and

    (3)   the type, location, and size of each stormwater management measure based on site-specific stormwater management requirement computations; and

  (e)   any other information required by the Department, including:

    (1)   the proposed alignment, location, and construction type and standard for any road, access way, and area of vehicular traffic;

    (2)   a demonstration that the methods by which the development will be supplied with water and wastewater service are adequate; and

    (3)   the size, type, and general location of all proposed wastewater and water system infrastructure.

  Recharge volume: The portion of the water quality volume used to maintain groundwater recharge rates at a development site.

  Redevelopment: Any construction, alteration, or improvement that:

  (a)   exceeds or equals 5,000 square feet of land disturbance; and

  (b)   is performed on a site where the existing land use is commercial, industrial, institutional, or multifamily residential and existing imperviousness is greater than 40 percent.

  Residential property: A property that contains a detached dwelling unit, one or more townhouses, duplexes or other attached dwelling units, or a multi-family dwelling.

  Sediment: Soils or other surficial materials transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

  Site: Any tract, lot, or parcel of land, or combination of tracts, lots, or parcels of land, which are under one ownership, or are contiguous and under diverse ownership, where development is performed as part of a unit, subdivision, or project.

  Site development stormwater management plan: The second of 3 required plan approvals which includes information necessary to allow detailed evaluation of a proposed project.

  Stabilization: the prevention of soil movement by any of various vegetative or structural means.

  Stormwater: Water that originates from precipitation.

  Stormwater management: The collection, conveyance, storage, treatment, and control of stormwater as needed to reduce accelerated stream channel erosion, increased flood damages, or water pollution.

  Stormwater management facility: An infiltration device, filtering device, stormwater pond, stormwater wetland, hydrodynamic structure, or other practice designed and constructed to control stormwater to reduce accelerated stream channel erosion and pollution of surface waters. A stormwater management facility does not include environmental site design practices or any nonstructural stormwater management system.

  Stormwater management participation project: A capital improvement project in which both the County and the property owner jointly fund the construction of a regional stormwater management facility intended to benefit properties in addition to those belonging to the property owner.

  Stormwater management plan: A set of representations, drawings or other documents, including development phasing statements, which contains all of the information and specifications that the Department requires an applicant to submit in order to obtain a stormwater management approval.

  Stormwater management system: Natural areas, environmental site design practices, stormwater management measures, and any structure through which stormwater flows, infiltrates, or discharges from a site.

  Structural maintenance: The inspection, construction, reconstruction, modification, repair, and cleaning of any part of a stormwater management facility undertaken to assure that the facility remains in the proper working condition to serve its intended purpose and prevent failure.  Structural maintenance does not include landscaping, grass cutting, or trash removal.

  Watershed: The total drainage area contributing runoff to a single point.

  Watershed management plan: A plan to satisfy the regulatory requirements of the County’s National Pollutant Discharge Elimination System permit issued by the Maryland Department of the Environment under the federal Clean Water Act.

  Water Quality Protection Charge: An excise tax charged to a property owner for the privilege of maintaining impervious surfaces on the owner’s property.

  Water quality volume: The volume needed to capture and treat 90 percent of the average annual runoff volume at a development site.

**Sec. 19-21A. Grandfathering.**

  (a)   The Director may, for good cause shown, grant an administrative waiver to a development that received a preliminary project approval before May 4, 2010.  Administrative waivers expire as provided under subsection (b) and may be extended as provided under subsection (c).

  (b)   Expiration of an administrative waiver.

    (1)   Except as provided in subsection (c), an administrative waiver must expire on:

      (A)   May 4, 2013, if the development does not receive final project approval before that date; or

      (B)   May 4, 2017, if the development receives final project approval before May 4, 2013.

    (2)   All construction authorized under an administrative waiver must be completed by:

      (A)   May 4, 2017; or

      (B)   if the waiver is extended under subsection (c), the date the waiver expires.

  (c)   Extension of an administrative waiver.

    (1)   Except as provided in paragraph (2), an administrative waiver must not be extended.

    (2)   An administrative waiver may only be extended if, by May 4, 2010 the development:

      (A)   received a preliminary project approval; and

      (B)   was subject to a development rights and responsibilities agreement or a tax increment financing approval.

    (3)   An administrative waiver extended under paragraph (2) expires when the development rights and responsibilities agreement or the tax increment financing approval expires.

**Sec. 19-22. Watershed management plans.**

  (a)   The Department of Environmental Protection, in cooperation with the Department, the Board, and other appropriate agencies, may develop watershed management plans to implement stormwater management policies that apply individually to specific watersheds in the County.  Each watershed management plan should:

    (1)   include detailed hydrologic and hydraulic analyses to determine hydrograph timing;

    (2)   evaluate stormwater quantity and quality, and base flow and groundwater management needs;

    (3)   include a cumulative impact assessment of watershed development;

    (4)   identify existing flooding, receiving stream channel, water quality, biological resources, and habitat conditions;

    (5)   specify the types of stormwater management, stream restoration and wetlands protection practices to be implemented;

    (6)   identify specific opportunities for stormwater retrofit, stream and wetlands restoration, and groundwater recharge;

    (7)   specify where the Director may grant waivers of on-site stormwater management controls;

    (8)   be consistent with the Design Manual’s General Performance Standards for Stormwater Management in Maryland; and

    (9)   be approved by the Administration.

  (b)   The Board should prepare functional master plans under Division II of the Land Use Article of the Maryland Code to preserve, conserve, and manage natural resources in each of the County’s watersheds for the County Council’s review and approval.  Each functional master plan should address land use, impervious impact on streams and waterways, stream buffers, wildlife and stream habitat, forest preservation, and other issues related to the permitting of stormwater management facilities and the development of watershed management plans.

**Sec. 19-22A. Stormwater management measures.**

  (a)   An applicant must use the ESD planning techniques and practices and structural stormwater management measures established in this Article and the Design Manual, either alone or in combination, in a stormwater management plan.  An applicant must demonstrate that environmental site design has been implemented to the maximum extent practicable before a structural best management practice is included in a stormwater management plan.

  (b)   ESD planning techniques and practices.

    (1)   An applicant must apply the following planning techniques according to the Design Manual to satisfy the on-site stormwater management requirements of Section 19-24:

      (A)   preserve and protect natural resources;

      (B)   conserve natural drainage patterns;

      (C)   minimize impervious area;

      (D)   reduce runoff volume;

      (E)   use ESD practices to maintain 100% of the average annual pre- development groundwater recharge volume for the site;

      (F)   use green roofs, permeable pavement, reinforced turf, and other alternative surfaces;

      (G)   limit soil disturbance, mass grading, and compaction;

      (H)   cluster development; and

      (I)   any practice approved by the Administration.

    (2)   An applicant must design the following ESD treatment practices according to the Design Manual to satisfy the on-site stormwater management requirements of Section 19-24:

      (A)   disconnection of rooftop runoff;

      (B)   disconnection of nonrooftop runoff;

      (C)   sheetflow to conservation areas;

      (D)   rainwater harvesting;

      (E)   submerged gravel wetlands;

      (F)   landscape infiltration;

      (G)   infiltration berms;

      (H)   dry wells;

      (I)   micro-bioretention;

      (J)   rain gardens;

      (K)   swales;

      (L)   enhanced filters; and

      (M)   any practice approved by the Administration.

    (3)   The use of ESD planning techniques and treatment practices specified in this Section must not conflict with existing State or County laws.

  (c)   Structural stormwater management practices.

    (1)   An applicant must design the following structural stormwater management practices according to the Design Manual to satisfy the on-site stormwater management requriements of Section 19-24:

      (A)   stormwater management ponds;

      (B)   stormwater management wetlands;

      (C)   stormwater management infiltration;

      (D)   stormwater management filtering systems; and

      (E)   stormwater management open channel systems.

    (2)   An applicant must consider the performance criteria specified in the Design Manual with regard to general feasibility, conveyance, pretreatment, treatment and geometry, environment and landscaping, and maintenance when selecting structural stormwater management practices.

    (3)   An applicant must select structural stormwater management practices to accommodate the unique hydrologic or geologic region of the County where the property to be developed is located.

  (d)   An applicant may use an alternative ESD planning technique or treatment practice or structural stormwater management measure for new development runoff control if it meets the performance criteria established in the Design Manual and is approved by the Administration.  Any practice used for a redevelopment project must be approved by the Department.

  (e)   Before modifying the on-site stormwater control requirements or design criteria, the applicant must submit to the Department an analysis of the impacts of stormwater flows downstream in the watershed. The analysis must include hydrologic and hydraulic calculations necessary to determine the impact of hydrograph timing modifications of the proposed development on a dam, highway, structure, or natural point of restricted streamflow, established with the Department’s concurrence, downstream from the first downstream tributary whose drainage area equals or exceeds the contributing area to the project or stormwater management facility.

**Sec. 19-23. Review and approval of stormwater management plans.**

  (a)   Concept plan.  Before the Board may approve a preliminary plan of subdivision, an applicant must submit a stormwater management and sediment control concept plan to the Department for review and approval. Each plan submitted for concept approval must provide sufficient information for the Department to make an initial assessment of the proposed project and determine whether stormwater can be managed according to this Article and the Design Manual.  Each concept plan is subject to the following conditions and requirements:

    (1)   A natural resources inventory must be reviewed and approved by the Department or the Planning Director before the applicant submits a concept plan under this Section.

    (2)   The plan must indicate how the stormwater management and sediment control criteria will be applied to each proposed development or redevelopment project.  The Department may require a plan to analyze the downstream effects of any proposed development or redevelopment project.  The basic design criteria, methodologies, and construction specifications used in developing the plan must be specified in the Design Manual and any other criteria established by regulation.

    (3)   The plan must describe how environmental site design practices will be implemented to the maximum extent practicable and allow use of any structural best management practice only where the applicant shows that environmental site design or another nonstructural best management practice is not a viable option.

    (4)   The plan must include:

      (A)   a map, at a scale specified by the Department, showing site location, existing natural features, water and other sensitive resources, topography, and natural drainage patterns;

      (B)   the anticipated location of each proposed impervious area, building, roadway, parking, sidewalk, utility, and other site improvement;

      (C)   the location of the proposed limit of disturbance, erodible soils, steep slopes, and any area to be protected during construction;

      (D)   preliminary estimates of stormwater management requirements, the location of each ESD practice to be used, and the location of each point of discharge from the site; and

      (E)   any other information the Director requires.

    (5)   Any stormwater management plan must be consistent with any watershed management plan that the Department of Environmental Protection has approved or any flood management plan that the Administration has approved involving the site of the proposed development or redevelopment project.

    (6)   The Department must refer the concept plan to the Department of Environmental Protection, the Department of Transportation, and the Board for comment before approving the plan.

  (b)   Site development stormwater management plan. Before the Board may approve a site plan, the applicant must submit a site development stormwater management plan to the Department for review and approval.  The applicant may combine the site development stormwater management plans with the concept plan required under subsection (a) if the Director approves.  Any site development stormwater management plan submitted for review and approval must include:

    (1)   all information provided during the concept plan review;

    (2)   final site layout, exact impervious area locations and acreages, proposed topography, a delineated drainage area at each point of discharge from the site, and stormwater volume computations for ESD practices and structural measures;

    (3)   a proposed erosion and sediment control plan that contains the construction sequence, any phasing necessary to limit earth disturbances and impacts to natural resources, and an overlay plan showing the type and location of each ESD and erosion and sediment control practice to be used;

    (4)   a narrative that supports the site development design, describes how ESD will be used to meet the minimum control requirements, and justifies any proposed structural stormwater management measure; and

    (5)   any other information the Director requires.

  (c)   Final stormwater management design plan

    (1)   Any person required under this Chapter to obtain a sediment control permit must include a final stormwater management design plan as part of the permit application.  The final stormwater management design plan must conform to both the concept plan and site development stormwater management plan and serve as the basis for all later construction.  The applicant must submit a final stormwater management design plan for approval in the form of construction drawings accompanied by a report that includes sufficient information to evaluate the effectiveness of the proposed runoff control design.  The applicant must also submit a final erosion and sediment control plan under applicable State Regulations.  Any plan submitted under this paragraph must meet all requirements of the Design Manual.

    (2)   Any report submitted for final stormwater management design plan approval must include:

      (A)   geotechnical investigations, including soil maps, borings, site-specific recommendations, and any additional information necessary for the final stormwater management design;

      (B)   a drainage area map depicting pre-development and post-development runoff flow path segmentation and land use;

      (C)   hydrologic computations of the applicable ESD and unified sizing criteria according to the Design Manual for each point of discharge from the site;

      (D)   hydraulic and structural computations for each ESD practice and structural stormwater management measure to be used; and

      (E)   a narrative that supports the final stormwater management design.

    (3)   Construction drawings submitted for final stormwater management design plan approval must include:

      (A)   a vicinity map;

      (B)   existing and proposed topography and any proposed drainage area, including any area necessary to determine downstream analysis for each proposed stormwater management facility;

      (C)   any proposed improvement, including the location of any building or other structure, impervious surface, storm drainage facility, and all grading;

      (D)   the location of any existing and proposed structure;

      (E)   any easement and right-of-way;

      (F)   the delineation, if applicable, of the 100-year floodplain and any on-site wetland;

      (G)   structural and construction details, including representative cross sections for each component of the proposed drainage system or systems and stormwater management facilities;

      (H)   all necessary construction specifications;

      (I)   a sequence of construction;

      (J)   data for total site area, disturbed area, new impervious area, and total impervious area;

      (K)   a table showing the ESD and unified sizing criteria volumes required in the Design Manual;

      (L)   a table of materials to be used for stormwater management facility planting;

      (M)   each soil boring log and location;

      (N)   an inspection and maintenance schedule;

      (O)   certification by the applicant that all stormwater management construction will be completed according to this plan; and

      (P)   an as-built certification signature block, to be executed after project completion.

    (4)   The maintenance schedule required under this Section must cover the life of any structural stormwater management facility or system of ESD practices and must specify the maintenance to be completed, the time period for completion, and the responsible party that will perform the maintenance.  The maintenance schedule must be printed on the approved final stormwater management plan.

  (d)   Plan preparation.  The Director may require the stormwater management concept, site development stormwater management, and final stormwater management and design plans to be prepared by a professional engineer, professional land surveyor, registered architect or landscape architect licensed in Maryland, or any other individual whose qualifications are acceptable to the Department.  If a stormwater best management practice requires either a dam safety permit from the Administration or a small pond approval from the District, the Director must require the design plan to be prepared by a professional engineer licensed by the State of Maryland.

  (e)   Runoff. If a stormwater management plan involves direction of some or all runoff off site, the developer must obtain from any adjacent property owner any easement or other necessary property interest concerning water flow.  Approval of a stormwater management plan does not create or imply any right to direct runoff onto any adjacent property without that property owners’s permission.

**Sec. 19-24. On-site requirements; County participation; waivers.**

  (a)   On-site stormwater management.

    (1)   A person that receives a sediment control permit must provide on-site stormwater management unless the Director waives this requirement.

    (2)   The Director may waive the on-site stormwater management requirement if the Director finds that:

      (A)   environmental site design has been implemented to the maximum extent practicable, and stormwater from the site is safely conveyed to a Department approved off-site facility that has been constructed to provide stormwater management for the site; or

      (B)   on-site stormwater management is not required under applicable State law.

    (3)   ESD planning techniques and treatment practices must be used to the maximum extent practicable under the Design Manual before any structural best management practice is implemented.  A stormwater management plan for a development project subject to this Article must be designed using the ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the Design Manual.  The MEP standard is met when channel stability is maintained, pre-development groundwater recharge is replicated, nonpoint source pollution is minimized, and structural stormwater management practices are used only if absolutely necessary.

  (b)   County participation.  If the Director of Environmental Protection finds that additional storage capacity in an on-site facility would correct an existing problem or provide sufficient capacity for future development or redevelopment projects, the County may participate financially in the construction of a stormwater management facility.  The amount of participation must be determined by the extent to which the facility exceeds on-site stormwater management requirements.

  (c)   Waiver.

    (1)   An applicant seeking a waiver of any on-site stormwater management requirement must submit a request to the Department in writing in a form acceptable to the Director.

    (2)   A request for quantitative stormwater control waivers must contain sufficient descriptions, drawings, and any other information that is necessary to show that environmental site design has been implemented to the maximum extent practicable.  The applicant must submit a separate written request for each later addition, extension, or modification to a development that has received a waiver.

    (3)   The Director may grant a stormwater management quantitative and qualitative control waiver for a phased development project if a system designed to meet the 2000 State and County regulatory requirements for multiple phases was constructed by May 4, 2010.  If the 2009 regulatory requirements cannot be met for any future phase constructed after May 4, 2010, the applicant must make all reasonable efforts to incorporate environmental site design in each future phase.

    (4)   The Director may grant a waiver if the applicant shows that existing physical conditions prevent full compliance with any on-site stormwater management requirement.  However, the applicant must still show that environmental site design has been implemented to the maximum extent practicable.

    (5)   If a site is an infill development or redevelopment site, the Director may waive channel protection requirements if all reasonable options for implementing environmental site design to the maximum extent practicable have been exhausted, and:

      (A)   the planned development or redevelopment project will not increase the impervious surface area on the site; or

      (B)   runoff from the site will drain through an adequately-sized existing improved storm drain system before discharging into a natural stream channel, at a minimum without adversely affecting the receiving channel, and the discharge to the storm drain system will not increase erosion in the receiving waters.

    (6)   The Director must not grant a waiver unless:

      (A)   the applicant satisfies criteria established by regulation; and

      (B)   the waiver is consistent with an applicable watershed management plan, if any, prepared by the applicant and approved by the Department of Environmental Protection.

    (7)   The Director may grant each waiver only on a case-by-case basis.  The Director must consider the cumulative effects of all waivers granted in a drainage area or watershed. Each waiver must reasonably ensure, at a minimum, that the proposed development will not adversely impact stream quality.

    (8)   When a waiver is granted, the Director must require the applicant to:

      (A)   provide a monetary contribution;

      (B)   grant an easement or dedicate land for the County to construct a stormwater management facility; or

      (C)   take specific stream or wetland restoration measures.

**Sec. 19-25. Contributions, dedications, and stream restoration.**

  (a)   Contributions.  Each monetary contribution required under Section 19-24 must comply with a fee schedule set by Executive regulation.  The County must credit each contribution to a capital improvement program project for planning and implementation of stormwater management and stream or wetland restoration.

  (b)   Dedications.  The County may agree with an applicant to accept an easement or dedicate land to build a stormwater management facility.  If the Department consents in writing for a facility to be located on parkland, the Board must also agree before the applicant may dedicate land to build a stormwater management facilty.

  (c)   Stream and wetlands restoration measures.  For redevelopment only, the Department may allow an applicant to construct stream or wetland restoration measures instead of monetary contributions or dedications if:

    (1)   the Director of Permitting Services and the Director of Environmental Protection both find that it is in the County’s best interest for the applicant to provide stream or wetland restoration measures; and

    (2)   the estimated cost of the stream or wetland restoration measures do not exceed the estimated cost of on-site stormwater management controls that the applicant would otherwise be required to provide for new development.

**Sec. 19-26. Stormwater management design criteria.**

  (a)   Each applicant must use planning techniques, nonstructural practices, and design methods to implement environmental site design to the maximum extent practicable.  The use of environmental site design must be exhausted before any structural best management practice is used.  Each stormwater management plan must be designed using ESD sizing criteria, recharge volume, water quality volume, and channel protection storage volume sizing criteria, according to the Design Manual and any applicable regulation. If the Department finds that historical flooding problems exist at the site of a new development or redevelopment project, the Director may require the use of overbank flood protection volume, extreme flood volume criteria, or both.

  (b)   Unless otherwise indicated, redevelopment is subject to the same requirements that apply to new development under this Article.  For redevelopment, the applicant may use alternative stormwater management measures to satisfy the requirements in subsection (a) if the applicant shows that impervious area reduction and environmental site design have been implemented to the maximum extent practicable.  In any redevelopment project, the selection and application of environmental site design practices must be consistent with the recommendations, goals, and objectives of any applicable master or sector plan.

  (c)   Alternative stormwater management measures that may be used for redevelopment include:

    (1)   an on-site structural best management practice;

    (2)   an off-site structural best management practice or off-site environmental site design to provide water quality treatment; or

    (3)   a combination of impervious area reduction, environmental site design implementation, and an on-site or off-site structural best management practice within the limit of disturbance.

**Sec. 19-27. Financial security.**

  (a)   Required.

    (1)   Before issuing a sediment control permit for a development which requires a stormwater management system, the Director must require the applicant or owner to furnish a performance or cash bond, irrevocable letter of credit, certificate of guarantee, or other instrument from a financial institution or issuing person satisfactory to the Director and the County Attorney, for construction of the on-site stormwater management system in an amount equal to the estimated cost of the construction.

    (2)   As used in this Article, a certificate of guarantee is an instrument issued by an organization approved by the Director that satisfies the capitalization criteria and other reasonable criteria established by regulation.  The certificate of guarantee must only be issued by the approved organization on behalf of the organization’s members in good standing.  Only the Director may resolve questions concerning an applicant’s eligibility to post a certificate of guarantee.

    (3)   The bond, letter of credit, certificate of guarantee, or other instrument must be conditioned on the faithful performance of the terms and conditions of an approved stormwater management plan and construction of the system as provided in that plan and under this Article.  The bond, letter of credit, certificate of guarantee, or other instrument must inure to the benefit of the County if the applicant or owner does not comply with the conditions of the bond, letter of credit, certificate of guarantee, or other instrument.

  (b)   Release.

    (1)   The Director must not release a bond, letter of credit, certificate of guarantee, or other instrument until the applicant has submitted “as-built” plans and the Department has issued a certification of completion based on the Director’s finding, after having performed a final inspection, that the stormwater management system complies with the approved plan and this Article.

    (2)   The Department may agree with an applicant regarding the stages of the work to be done on the system.  After completing each stage, the applicant must notify the Department that the applicant is ready for an inspection and, after the Director certifies that the applicant has completed that stage of work under the approved plan and this Article, the Director may reduce the bond, letter of credit, certificate of guarantee, or other instrument pro rata, or may direct the Director of Finance to refund to the applicant a prorated share of the amount that the applicant deposited with the County.

  (c)   Revocation of permit.  The Director must immediately revoke a building permit if the permittee does not maintain the bond, letter of credit, certificate of guarantee, or other instrument.  If the Director finds that an organization issuing certificates of guarantee has violated an applicable law or regulation, the Director may immediately revoke any permit held by that organization’s members to which a certificate of guarantee applies.

**Sec. 19-28. Inspection and maintenance of stormwater management systems.**

  (a)   Installation inspections.

    (1)   The Director, or a person designated by the applicant that is also qualified and  approved by the Department to supervise construction, must inspect each best management practice under construction as needed to certify the system’s compliance with approved plans.  The inspector must conduct each inspection as provided in a checklist or in any other manner that the Department has approved for each type of stormwater management system.  The inspector must prepare a written inspection report that includes:

      (A)   the date and location of the inspection;

      (B)   whether construction complies with the approved stormwater management plan;

      (C)   any variation from approved construction specifications; and

      (D)   any violation of law or regulations that the inspector observes.

    (2)   The Department must notify the applicant in writing if the inspector observes any violation of this Article during the inspection.  The written notice must describe the nature of each violation and prescribe any corrective action needed.

    (3)   Construction work on a stormwater management system must not proceed until the Department:

      (A)   inspects and approves the work previously completed or the plans and certifications previously submitted ; and

      (B)   furnishes the inspection reports to the applicant after each inspection.

    (4)   Once construction is complete, the applicant must submit as-built plan certification to the Department to ensure that ESD planning techniques, treatment practices, and structural stormwater management measures and conveyance systems comply with the specifications in each approved plan.  At a minimum, as-built certification must include a set of drawings comparing the approved stormwater management plan with what was constructed. The Director may require additional information if needed.

    (5)   Each as-built plan submitted to the Department under this subsection must be prepared by a design professional or other person qualified and approved by the Department.

  (b)   Maintenance of new stormwater management systems.

    (1)   Before issuing a sediment control permit to develop any property that requires implementation of best management practices, the Department must require the property owner to execute an easement and an inspection and maintenance agreement that is binding on each later owner of the land to be served by any private stormwater management system.

    (2)   The easement must give the County a perpetual right of access to the stormwater management system at all reasonable times to inspect, operate, monitor, install, construct, reconstruct, modify, maintain, clean, or repair any part of the stormwater management system in the area covered by the easement as needed to assure that the system remains in proper working condition under approved design and environmental standards.  The inspection and maintenance agreement must require the owner to be responsible for all maintenance of any completed ESD treatment system and nonstructural maintenance of any on-site stormwater management facility if the development consists of residential property.  Otherwise, the inspection and maintenance agreement must require the owner to be responsible forever for all maintenance of the entire on-site stormwater management system, including maintaining in good condition, and promptly repairing and restoring, each ESD practice, grade surface, wall, drain, dam and structure, vegetation, erosion and sediment control measure, and any other protective device.

    (3)   The owner must record the easement and agreement in the County land records and deliver a certified copy of each recorded document to the Departments of Permitting Services and Environmental Protection before the Department may issue a completion certificate.

    (4)   After the Department issues a completion certificate for construction of a new stormwater management facility, the County must perform all structural maintenance on the facility if the facility serves residential property unless the inspection and maintenance agreement requires the property owner to be responsible for structural maintenance of the facility.  No other person may perform structural maintenance on a stormwater management facility that the County is required to structurally maintain without the County’s written consent.

    (5)   Any repair or restoration and maintenance performed under this Section must comply with each previously approved or newly submitted plan and any reasonable corrective measure specified by the Director of Environmental Protection.

  (c)   Maintenance of retrofitted or existing stormwater management systems.

    (1)   The owner of a stormwater management facility that is not subject to subsection (b) must perform all structural maintenance needed to keep the facility in proper working condition.  The owner of a residential property or a nonresidential property that contains a stormwater management facility built or retrofitted by the County, or a homeowners’ association that includes the residential property, may execute a stormwater management easement granting the County a perpetual right of access to inspect, operate, monitor, install, construct, reconstruct, modify, maintain, clean, or repair any part of the stormwater management facility in the easement as needed to assure that the facility remains in proper working condition under approved design standards.

    (2)   If the owner of a stormwater management facility grants a stormwater management easement to the County, the owner must make any structural repairs needed to place the facility in proper working condition, as determined by the Department of Environmental Protection, before the County enters into an inspection and maintenance agreement with the owner that makes the County responsible for structural maintenance of the facility.  After the owner and the County have agreed that the County will be responsible for structural maintenance of the facility, the owner must record in the County land records the easement and any other agreement executed in conjunction with the easement that binds any later owner of the land.  The owner must deliver a certified copy of each recorded document to the Department of Environmental Protection.

    (3)   After the Department of Environmental Protection receives a certified copy of the easement and agreements, the County must structurally maintain and inspect the facility as provided in subsection (b).

    (4)   If a property contains a stormwater management system that was installed or retrofitted by the County under a sediment control permit, the inspection and maintenance agreement may require the County to maintain the system.

  (d)   Maintenance inspections.

    (1)   The Department of Environmental Protection must ensure preventive maintenance by inspecting all stormwater management systems.  The inspection must occur during the first year of operation and then at least once every 3 years.

    (2)   The Department of Environmental Protection must maintain an inspection report for each stormwater management system.  Each report must include:

      (A)   the date of inspection;

      (B)   name of inspector;

      (C)   the condition of each:

        (i)   vegetation or filter medium;

        (ii)   fence or other safety device;

        (iii)   spillway, valve, or other control structure;

        (iv)   embankment, slope, and safety bench;

        (v)   reservoir or treatment area;

        (vi)   inlet and outlet channel or structure;

        (vii)   underground drainage;

        (viii)   sediment and debris accumulation in storage and forebay areas;

        (ix)   nonstructural practice to the extent practicable; and

        (x)   other item that could affect the proper function of the stormwater management system; and

      (D)   description of any needed maintenance.

    (3)   The owner of any privately maintained stormwater management system must correct each deficiency discovered during the inspection within the time period specified in any written notice issued by the Director of Environmental Protection.

  (e)   Abandonment instead of repair.  If the Director of Environmental Protection finds that the stormwater management facility is no longer needed to control stormwater runoff or that the benefits of a repaired stormwater management facility are not justified by the cost of repair, the owner of the stormwater management facility must abandon the use of the facility for stormwater functions as the Director of Environmental Protection orders.  Any order issued under this subsection must not restrict the facility from being used for any recreational or other purpose not related to stormwater control.

  (f)   Nonstructural maintenance of stormwater management facilities.  The owner of a stormwater management facility must perform routine inspection and nonstructural maintenance that impacts the effectiveness of routine structural maintenance, performed either privately or publicly.  Among other actions, the owner must:

    (1)   prevent the accumulation of solid waste on the property and the generalized growth of weeds or plants in violation of Section 58-3;

    (2)   clear any woody vegetation, including trees and brush along with their root systems, within 25 feet of the facility’s control structure and within 15 feet of an upstream or downstream dam embankment; and

    (3)   abate any other condition on the property that the Department of Environmental Protection reasonably finds may adversely affect the facility’s proper functioning.

  (g)   Disposal of materials from maintenance.  A person that transports materials or debris resulting from the repair, cleaning, or maintenance of a stormwater management facility must dispose of the materials at a facility that has a valid permit to accept the type of materials or debris being deposited.

  (h)   Stop work order.

    (1)   If a maintenance inspection reveals that the maintenance, repair, or restoration of a stormwater management facility is being performed in a manner that is hazardous, creates a nuisance, or endangers human life or the property of others, or is otherwise being performed in an unauthorized manner, the Director of Environmental Protection may, without advance notice, post a stop work order at the site directing that all maintenance, repair, or restoration activity must stop immediately.

    (2)   The Director of Environmental Protection must provide written notice to the property owner, any designated representative of the property owner, or any on- site person in charge of the work when a stop work order is issued.  That notice must specify the extent to which work is stopped and the conditions under which work may resume.

    (3)   A person must not continue, or allow the continuance of, work on a stormwater management facility covered by a stop work order, except for work necessary to abate a nuisance or hazardous condition identified by the Director.

  (i)   Emergency authority.  If, after inspection, the Director of Environmental Protection finds that the condition of a privately maintained stormwater management facility presents an immediate danger to the public health or safety because of an unsafe condition, improper construction, or poor maintenance, the Director of Environmental Protection may take any needed action to protect the public and make the facility safe, including entering the property to make any needed repair.  The County must assess any cost incurred as a result of the Director of Environmental Protection’s actions against each owner of the facility.  The County may collect the costs in the same manner as real property taxes are collected against the property where the facility is located.  In addition, the County may seek reimbursement under any other method legally available to collect debts owed to the County.

**Sec. 19-29. Stormwater management loan program.**

  (a)   The Department of Environmental Protection must create a Stormwater Management Loan Program.  The Program must provide direct loans to eligible homeowners’ associations and other residential property owners to:

    (1)   make structural repairs to restore a stormwater management facility to acceptable design standards before the owner petitions the County to assume responsibility for future structural maintenance of the facility under Section 19-28(d), or

    (2)   cover the cost of abandoning a facility under Section 19-28(e).

  (b)   The fund for the Program consists of:

    (1)   all funds appropriated to the Program;

    (2)   all payments on any loan from the Program;

    (3)   all interest earned on funds in the Program; and

    (4)   all funds received from any other public or private entity.

  (c)   The County Executive must adopt regulations under method (2) to administer the Program.  These regulations should include:

    (1)   lending standards and priorities;

    (2)   terms and conditions of loans;

    (3)   application procedures;

    (4)   procedures for loan applicants to request reconsideration of a decision to deny a loan or a decision on interest rates, terms, and conditions; and

    (5)   collection procedures in cases of nonpayment or default.

**Sec. 19-29A. Watershed restoration grants program.**

  (a)   The Director of Environmental Protection may establish a Watershed Restoration Grant Program.  The purpose of the Program is to provide funds to non-profit organizations to perform water quality protection or improvement activities that would help the County satisfy applicable regulatory requirements of the County's National Pollutant Discharge Elimination Systems permit.

  (b)   To identify non-profit organizations to perform water quality protection or improvement activities, the Director of the Office of Procurement may issue a competitive solicitation under Chapter 11B that is limited to non-profit organizations.

  (c)   The Director of Environmental Protection may also establish a supplemental grant program to offset the cost of paying the Charge assessed under Section 19-35 to an owner of an improved aircraft landing area that is exempt from County property taxes under Maryland Code, Tax-Property Art. § 8-302.

  Transition.  Any regulation in effect when this Act takes effect that implements a function transferred to the Office of Procurement by this Act continues in effect, but any reference in any regulation to the Department of General Services, from which the function was transferred, must be treated as referring to the Office of Procurement, to which the function is transferred.  The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

  Any responsibility or right granted by law, ordinance, regulation, delegation of authority, contract, or other document to the Department General Services in connection with this Procurement Law and Regulations is transferred to the Office of Procurement.

**Sec. 19-30. Regulations.**

  (a)   The Executive may adopt regulations under method (2) to implement this Article.  Any regulation adopted under this Article must not conflict with or waive any provision of this Chapter, and must not be less restrictive than applicable requirements under state or federal law.  The regulations must establish a fee schedule for monetary contributions to be paid to the County when the Department waives any on-site stormwater management requirement.  The regulations may also include design standards and other criteria or procedures necessary to implement this Article.

  (b)   The Executive may adopt plan review fees and inspection fees under method (3) to cover the cost of administering this Article.

**Sec. 19-31. Exemptions.**

  The following development activities are exempt from stormwater management requirements under this Article:

  (a)   agricultural land management practices;

  (b)   any addition or modification to an existing single family detached residential structure if the addition or modification does not disturb more than 5,000 square feet of land area;

  (c)   any development not associated with the construction of a new residential or commercial building if the development does not disturb more than 5,000 square feet of land area; and

  (d)   any land development activity that the Administration finds is subject to any State law that regulates stormwater management runoff.

**Sec. 19-32. Transition for approved plans.**

  Each new development or redevelopment project must comply with this Article, except when the Department issues final sediment control and stormwater management design plan approval for the property covered by the plan before May 4, 2010.

**Sec. 19-33. Agreements between the County and municipalities.**

  (a)   The Executive must inform any incorporated municipality in the County that may regulate stormwater management of any proposed stormwater management facility, development or plan that could affect stormwater management in the municipality. The Board must inform any municipality of any functional master plan or preliminary plan of subdivision that may affect stormwater management in the municipality.

  (b)   The County and the Board may enter into cooperative agreements with any incorporated municipality in the County concerning any matter relating to stormwater management, including the planning, design, construction, and maintenance of stormwater management facilities and monetary contributions for stormwater management. The County and the Board may enter into those cooperative agreements to coordinate stormwater management activities with any municipality to avoid duplication of effort and to minimize the costs associated with an effective stormwater management program.

  (c)   If a municipality operates a stormwater management program that serves substantially the entire municipality and meets all applicable federal and State standards, the County must reimburse the municipality, subject to appropriation, for the cost of operating the program, limited to the amount the Director of Environmental Protection estimates the County would spend for that municipality if it were operating the program, by means of a cooperative agreement under subsection (b).

**Sec. 19-34.  Reserved.**

**Sec. 19-35. Water Quality Protection Charge.**

  (a)   As authorized by Section 52-17 (a) 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.

  (b)   The Charge must be imposed on each property, as specified in regulations adopted by the Executive under Method (1) to administer this Section.  The regulations may define different classes of real property, depending on the amount of impervious surface on the property, stormwater runoff from the property, and other relevant characteristics, for purposes of applying the Charge.

  (c)   The Council must set the rate or rates for the Charge by a resolution adopted each year after holding a public hearing with at least 15 days’ notice.  The resolution must be adopted no later than the date the Council approves the annual operating budget and presented to the Executive within 3 days after the Council adopts it.  If the Executive disapproves a resolution adopted under this Section within 10 days after the Council adopts it and the Council readopts it by a vote of six Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.  Unless the resolution specifies otherwise, the rates must take effect on the July 1 after the resolution is adopted.

  (d)   In the resolution adopted under subsection (c), the Council may set a different rate for each type of property defined by regulation.  If different rates are set, the rates must generally reflect the relative amount of impervious surface on each type of property.

  (e)

    (1)   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 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;

      (B)   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;

      (C)   the property contains a stormwater management system built as part of a County-approved stormwater management participation project; or

      (D)   the property does not contain a stormwater management system, but is located in the same drainage area as a property containing a stormwater management system built as part of a County-approved stormwater management participation project 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.

    (3)   The Director of Environmental Protection may revoke a credit granted under paragraph (2) if the property owner does not continue to take the measures needed to assure that the stormwater management system remains in proper working condition by correcting any deficiencies discovered by the Director during a maintenance inspection. The Director must not reinstate a revoked credit until the property owner has sufficiently corrected the deficiencies to fully satisfy the property owner's maintenance obligations under Section 19-28.

    (4)   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.  To receive the exemption, the owner or organization must apply for the exemption to the Director of Finance not later than September 30 of the year that payment of the Charge is due.  After reviewing the request for exemption, the Director of Finance must issue a written decision.  The owner or organization may appeal the decision of the Director of Finance to the Maryland Tax Court.  The appeal must be filed within 30 days after the date of the decision.

  (f)   The Director must deposit funds raised by the Charge, and funds for this purpose from any other source, into a stormwater management fund.  Funds in the stormwater management fund may be applied and pledged to pay debt service on debt obligations to finance the construction and related expenses of stormwater management facilities as approved in the Capital Improvements Program.  Funds in the stormwater management fund must only be used for:

    (1)   construction, operation, financing, and maintenance of stormwater management facilities, and related expenses, including debt service payments related to construction and related expenses of stormwater management facilities;

    (2)   enforcement and administration of this Article; and

    (3)   any other activity authorized by this Article or state law.

  (g)   This Charge does not apply to any property located in a municipality in the County which notifies the County that it has imposed or intends to impose a similar charge to fund its stormwater management program in that municipality.

  (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.

  (i)   A property owner that believes that the Director of Environmental Protection has incorrectly calculated a credit, revoked the property owner’s credit or denied the property owner’s application for a credit under subsection (e)(1), (2), or (3), or denied the property owner’s request for an adjustment under subsection (h), may seek review of the Director’s decision by submitting a written request for review with supporting reasons to the Director of Finance within 30 days after the date of that decision.  After reviewing the decision of the Director of Environmental Protection, the Director of Finance must notify the property owner in writing of the decision to affirm or reverse the decision of the Director of Environmental Protection.  The property owner may appeal the decision of the Director of Finance to the Maryland Tax Court.  The appeal must be filed within 30 days after the date of the decision of the Director of Finance.

  In COMCOR 19.35.01, any reference to the final decision of the Director of the Department of Environmental Protection must be treated as a reference to the Director’s recommended decision to the Director of the Department of Finance and any reference to an appeal to the Board of Appeals must be treated as a reference to an appeal to the Maryland Tax Court.

  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 management charges imposed by Section 19-35 as an excise tax imposed under the general taxing 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 19-35 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 stormwater 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 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.

  (a)   The Council declares that an emergency exists and that this legislation is necessary for the immediate protection of the public health and safety.  This Act takes effect on July 1, 2013.  Notwithstanding County Code Section 19-35(b), as amended by Section 1of this Act, the Director of Finance must phase in the Water Quality Protection Charge as provided in this Section.

  (b)   The Director must phase in over 3 years any increase in the Charge that results from the application of Section 19-35(b), as amended by Section 1 of this Act, or any regulation adopted under that Section, by including:

    (1)   only one-third of the additional impervious surface that has been added to the calculation of the Charge in the fiscal year that begins on July 1, 2013;

    (2)   only two-thirds of the additional impervious surface that has been added to the calculation of the Charge in the fiscal year that begins on July 1, 2014; and

    (3)   the full amount of the additional impervious surface that has been added to the calculation of the Charge in the fiscal year that begins on July 1, 2015.

  (c)   The phase-in established in this Section does not apply to any portion of the Charge that results from the inclusion in the calculation of the Charge of any impervious surface area that is created after June 30, 2013.

  (d)   To receive a credit or exemption under Section 19-35(e) for the fiscal year that begins on July 1, 2013, a property owner must apply to the Director of Environmental Protection or the Director of Finance, as applicable, not later than September 30, 2013.

### Article III. Floodplain District Requirements.

**Sec. 19-36. Definitions.**

  In this Article and any regulations issued under it, these words and phrases have the following meanings:

  Accessory/appurtenant structure: A structure that is located on the same lot as a principal structure and has a use that is incidental to the use of the principal structure.

  Basement: Any area of a building having its floor below ground level on all sides. Any other bottom floor of a building is a first floor.

  Certificate of Occupancy: A form issued by the Department certifying that a structure has been built consistent with an approved floodplain district permit plan and may be legally inhabited for the intended purpose.

  Department: The Department of Permitting Services.

  Developer: A person for whose benefit any activity regulated by this article is started or carried on. An individual who builds a single-family house for the individual's own occupancy is not a developer.

  Development: Any man-made change to improved or unimproved real estate, including any building or other structure, dredging, fill, grading, paving, clearing, excavation, dumping, extraction, or storage of equipment or materials.  Development includes subdivision of land.

  Director: The Director of the Department of Permitting Services, or a duly authorized agent.

  Elevation certificate: A form prepared and distributed by the Federal Emergency Management Agency using Mean Sea Level as established by the National Geodetic Vertical Datum of 1929 and verifying the elevation at which a floor is constructed.

  Flood: A temporary inundation of normally dry land areas.

  Floodplain:

  (a)   A relatively flat or low land area adjoining a river, stream, pond, stormwater management structure, or watercourse subject to partial or complete inundation; or

  (b)   An area subject to unusual and rapid accumulation or runoff of surface water as a result of an upstream dam failure.

  Floodplain district: Any area specified in Executive regulations that is subject to inundation in a 100-year storm. This includes any waterway with a drainage area of 30 acres or larger.

  Floodplain district permit: A permit issued by the Department under this article authorizing land-disturbing and construction activities.

  Floodplain district permit plan: A set of representational drawings or other documents submitted by an applicant to obtain a floodplain district permit that contains the information and specifications the Department requires to minimize the safety hazards of or the negative hydraulic and environmental impacts associated with development in or near a floodplain.

  Floodproofing: Any combination of structural and non-structural additions or changes to a property or structure which reduce or eliminate flood damage.

  Floodway: The channel and adjacent land area required to discharge the waters of the 100-year flood of a watercourse without increasing the water surface elevations.

  Flood Fringe: That portion of the floodplain outside the floodway.

  Historical Structure: A structure listed individually on the National Register of Historic Places, the Maryland Inventory of Historic Properties, a local inventory of historic places certified by the Maryland Historic Trust or the Secretary of the Interior, or preliminarily determined as meeting the requirements for such listing by the Maryland Historic Trust or the Secretary of the Interior, or determined as contributing to the historic significance of a historic district registered with the Secretary of the Interior.

  Land disturbing activity:

  (a)   any earth movement or land change which may result in soil erosion from water or wind;

  (b)   the movement of sediments into state waters or onto land, including tilling, clearing, grading, excavating, stripping, filling, and related activities; or

  (c)   covering land with an impermeable material.

  Lowest floor: The lowest floor of the lowest enclosed area of a building, including a basement.  An unfinished or flood-resistant enclosure, usable only for parking motor vehicles, building access, or storage, is not a building's lowest floor if the enclosure does not violate the applicable non-elevation design requirements of the National Flood Insurance Program.

  Manufactured home: A structure that is:

  (a)   transportable in one or more sections;

  (b)   built on a permanent chassis; and

  (c)   designed for use with or without a permanent foundation connected to the required utilities.

  Manufactured home also includes a park trailer, travel trailer, or similar vehicle, when placed on a site for more than 180 consecutive days.

  Manufactured home park: A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

  New construction: Any structure for which construction began on or after the date of entry into the Regular Program or the date this Article took effect, whichever occurred first.

  100-year flood: A flood that has a one percent chance of being equalled or exceeded in a given year. Unless otherwise stated, this calculation is based on the contributing watershed being completely under existing zoning.

  Permanent construction: Any structure built or placed on a site for more than 180 consecutive days.

  Permittee: Any person who receives a permit under this article.

  Person: Any individual, corporation, partnership, joint venture, firm, unincorporated association, municipal, county or state agency, or any combination.

  Principally above ground: Any structure with at least 51 percent of the actual cash value of the structure, not including the land value, above ground.

  Recreational Vehicle: A vehicle built on a single chassis which is 400 square feet or less at the longest horizontal projection, self propelled or towable, and designed primarily for temporary living while traveling or camping.

  Start of construction: The earlier of:

  (a)   The date the building permit was issued, if construction, repair, reconstruction, placement, substantial improvement, or other improvement starts within 180 days after the permit is issued; or

  (b)   The actual start of construction, which means either:

    (1)   the first placement or permanent construction of a structure on a site, such as the pouring of a slab or footings; or

    (2)   any work beyond the excavation stage.

  Structure: A walled or roofed building that is principally above ground and affixed to a permanent site or location. Structure includes a utility shed, barn, gas or liquid storage tank, building foundation, platform, deck, swimming pool, bulkhead, or greenhouse.

  Subdivision: The division or redivision of any lot, tract, or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land. Subdivision includes a change in existing lot lines for the immediate or future purpose of lease, transfer of ownership, building, or development.

  Substantial Damage: Damage of any origin sustained by a structure if the cost of restoring the structure to its previous condition is at least 50% of the market value of the structure before the damage occurred.

  Substantial improvement: Any repair, reconstruction, or improvement of a structure, if the total cumulative cost equals or exceeds 50 percent of the market value of the structure either:

  (a)   Before the improvement or repair is started; or

  (b)   Before the damage occurred, if the structure has been damaged and is being restored.

  Substantial improvement occurs when the first alteration of any wall, ceiling, floor, or other structural part of a building begins, whether or not that alteration affects the external dimensions of the structure.

  Substantial improvement does not include:

  (a)   Any improvements of a structure to comply with State or local health, sanitary, or safety codes which is necessary to assure safe living conditions; or

  (b)   Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

  Temporary development: Any structure or construction

  (a)   used in construction work, such as a construction shed, seat, canopy, tent or fence; or

  (b)   for a temporary purpose, such as a reviewing stand, fair, carnival or flea market, which is completely removed after 180 days or less.

  Watercourse: Any natural or artificial waterway including a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, or wash, in which water flows either continuously or intermittently.

  Wetland means any land which is:

  (1)   considered private wetland or State wetland under Title 16 of the Environment Article of the Maryland Code; or

  (2)   defined as a wetland under the procedures described in the most recent Federal manual for Identifying and Delineating a Jurisdictional Wetland.

**Sec. 19-37. When a floodplain district permit is required.**

  (a)   A person must not engage in any land-disturbing activity within the floodplain district or within 25 feet of any boundary of the district unless the Department issues a floodplain district permit, except as provided in this section.

  (b)   A floodplain district permit is not required for:

    (1)   Any minor land-disturbing activity that:

      (A)   Disturbs less than 5000 square feet of ground surface area;

      (B)   Is promptly stabilized to prevent erosion and sedimentation; and

      (C)   Does not substantially block or impede the flow of water or change the cross-section of the floodplain.

    (2)

      (A)   Any accepted agricultural land management practice, except that construction of agricultural structures requires a floodplain district permit; or

      (B)   Any nursery operation, such as the removal or transplanting of cultivated sod, shrubs, and trees.

    (3)   Any federal or state project exempted under State or Federal law if the proposed work is performed on State or Federally-owned land.

  (c)   A person may engage in land-disturbing activity in the floodplain district or within 25 feet of any boundary of the district before a permit is issued if:

    (1)   the activity is required to prevent or reduce an imminent and serious threat to life, health, or property, or to maintain or repair electricity, gas, water, or telephone service in an emergency;

    (2)   the Director is notified, and proper sediment and erosion controls are installed, within 24 hours after the activity begins; and

    (3)   an appropriate permit application is filed within 72 hours if the activity is not complete by that time.

  The Director at any time may order any work done before a permit is issued to be modified as necessary to comply with this Article.

**Sec. 19-38. Application for permit.**

  (a)   To obtain a floodplain district permit, an applicant must file an application in writing on a form furnished by the Department. The owner of the property where the land-disturbing activity is to be performed, or the owner's authorized agent, must sign the application.

  (b)   A permit must be issued only in the name of the current property owner.

  (c)   A separate permit must be issued for each non-contiguous site.

  (d)   A permit may be transferred to a later owner, if the later owner files an application form and pays a transfer fee and the Director approves the transfer.

  (e)   An application for a permit must be accompanied by:

    (1)   An erosion and sediment control plan approved by the Department, where required by law; and

    (2)   The permit fee.

  (f)   Plans must be prepared and certified by:

    (1)   A registered professional engineer, registered land surveyor, or architect; or

    (2)   Another person approved by the Department.

  (g)   Each floodplain district permit plan must comply with this article and applicable regulations.

**Sec. 19-39. Modification of plans.**

  (a)   Any major modification of an approved plan must be submitted to the Department and may be approved or disapproved in the same manner as the original plan.

  (b)   In an emergency situation, the Director may require the installation of interim flood protection measures to protect stream channels, other property, or the public from damage or danger. Any required measure must remain in effect until adequate modifications to an approved plan are approved and implemented.

  (c)   The Department's field representative may authorize minor field modifications that are consistent with this article and applicable regulations.

**Sec. 19-40. Permit conditions.**

  (a)   In granting a floodplain district permit, the Director may attach conditions that the Director finds:

    (1)   Are reasonably necessary to prevent undue risk to public or private property; or

    (2)   Will prevent the operation from being conducted in a manner hazardous to life or property.

  (b)   Those conditions may include:

    (1)   Erecting or installing walls, drains, dams, plantings, erosion and sediment control measures or devices;

    (2)   Furnishing necessary easements; or

    (3)   A specified method of performing the work.

  (c)   Each condition must be identified on the approved floodplain district permit plan.

  (d)   The approved plan is a condition of the permit.

  (e)   A person must not violate any permit condition.

**Sec. 19-41. Permit expiration and renewal.**

  Any permit issued under this article expires one year after the date of issuance. The Director may renew a permit for up to one additional year.

**Sec. 19-42. Inspection.**

  (a)   The Department may enter any property subject to this article to inspect the property and enforce this article.

  (b)   Any activity in conjunction with a permit must not proceed until the Department has issued the permit. All work must be performed in accordance with the approved plan and permit.

  (c)   The permittee must notify the Department 48 hours before starting any activity in conjunction with a permit. The permittee or its representative must attend a pre-construction meeting with the Department unless the Department waives the meeting.

  (d)   The permittee must keep a copy of the approved floodplain district permit plan and the permit available on site for inspection by the Department.

  (e)   The Director must inspect each site that has a floodplain district permit plan to ensure compliance with the approved plan and all permit requirements.

  (f)   If the permittee fails to comply with any requirement under this article, the Director must inspect the work and notify the permittee in writing. The notice must state:

    (1)   The nature of the violation;

    (2)   Any practice or plan deficiencies;

    (3)   Any required corrective action; and

    (4)   A reasonable time for compliance.

  (g)   The permittee must promptly correct any portion of the work that does not comply.

  (h)   The Department may make additional inspections as necessary, and may waive any inspection except the final inspection under section 19-43.

  (i)   The Department must maintain a record of each inspection, including the date, location or project identification, whether the approved plan and permit conditions have been complied with and, if a violation exists, the enforcement action taken.

**Sec. 19-43. Permit revocation or suspension; stop work order.**

  (a)   The Director may revoke or suspend any permit issued under this article, after the Department serves written notice on the permittee, for:

    (1)   Violation of the approved plan or any other condition of thepermit;

    (2)   Violation of any applicable law or regulation relating to the work;

    (3)   The existence of any hazard or danger to human life or the property of others; or

    (4)   Failure of the approved plan to achieve required objectives because of site characteristics or conditions.

  (b)   In addition to the authority to revoke or suspend a permit under subsection (a), the Director may order that all construction activity in conjunction with a permit must stop immediately if:

    (1)   Any construction activity violates a condition or requirement of a County permit, application, or approved plan, or this article or applicable regulations;

    (2)   The Department delivers a written warning to the permittee or its representative that lists corrective measures required and the time by which the corrections must be made; and

    (3)   The permittee does not make all corrections within the specified time.

  (c)   The Department must provide a report to the permittee or its representative when a stop work order is issued. The report must specify the extent to which work must be stopped and the conditions under which work may resume.

  (d)   The permittee is responsible for the actions of its agents, and must notify any agent when a stop work order affects an area within which the agent is working or may work. An agent is any person who acts under the direction, with the permission, or to the benefit of the permittee.

  (e)   A person must not continue, or permit the continuance of, work in an area covered by a stop work order.

**Sec. 19-44. Completion.**

  (a)   Immediately after a project is finished, the permittee must notify the Department and schedule a final inspection.

  (b)   If, after final inspection, the Director finds that all work subject to inspection has been satisfactorily completed in accordance with this article, the permit, approved plans, and regulations, the Director must issue a completion certificate to the permittee. The Director may recommend release of the certificate of occupancy, where applicable, after receiving a completed Elevation Certificate from the developer, at that time.

**Sec. 19-45. Regulations.**

  (a)   The Director may recommend written regulations to administer this article, may hold public hearings on any proposed regulation, and must obtain approval from the Floodplain Division of the Maryland Water Resources Administration before forwarding any regulation to the County Executive for adoption.

  (b)   The regulations must include but are not limited to the following:

    (1)   Accepted floodplain datum sources;

    (2)   Floodplain restrictions; and

    (3)   Minimum plan requirements.

  (c)   The County Executive may adopt regulations authorized by subsection (a) under Method (2).

  (d)   The Director may recommend regulations, to be adopted by the County Executive under Method (3), to set, increase, or decrease permit fees.

  (e)   Any regulation adopted under this article must not conflict with or waive any provision of this chapter, and must not be less restrictive than regulations of the Maryland Water Resources Administration.

**Sec. 19-46. Reserved.**

### Article IV. Water Quality Control.

**Sec. 19-47. Purposes; Authority.**

  (a)   The water quality goals of the County are to:

    (1)   protect, maintain, and restore high quality chemical, physical, and biological conditions in the waters of the state in the County;

    (2)   reverse past trends of stream deterioration through improved water management practices;

    (3)   maintain physical, chemical, biological, and stream habitat conditions in County streams that support aquatic life along with appropriate recreational, water supply, and other water uses;

    (4)   restore County streams, damaged by inadequate water management practices of the past, by reestablishing the flow regime, chemistry, physical conditions, and biological diversity of natural stream systems as closely as possible;

    (5)   help fulfill interjurisdictional commitments to restore and maintain the integrity of the Anacostia River, the Potomac River, the Patuxent River, and the Chesapeake Bay; and

    (6)   promote and support educational and volunteer initiatives that enhance public awareness and increase direct participation in stream stewardship and the reduction of water pollution.

  (b)   The federal National Pollutant Discharge Elimination System (NPDES) and state water quality standards require that the County establish regulations governing discharges into protected waters of the state.

  (c)   To accomplish the purposes of this Chapter, the County Council has established this Article. In administering and enforcing this Article, the County should consider the economic impact of any action it takes or requires.

  (d)   The County must work in conjunction with municipalities, counties, agencies of the state, and the federal government to establish interagency agreements and to take other steps necessary to accomplish the purposes of this Chapter.

**Sec. 19-48. Definitions.**

  In this Article, the following words and phrases have the following meanings:

  (a)   Agriculture means the business, science and art of cultivating and managing the soil, growing, harvesting, and selling sod, crops and livestock, and the products of forestry, horticulture and hydroponics; breeding or raising livestock, poultry, fish, game, and fur-bearing animals; dairying, beekeeping and similar activities.

  (b)   Aquatic life means a diverse macroinvertebrate amphibian and fish population consistent with the State-designated water use classification or the support potential of the existing stream flow, water quality, and habitat quality.

  (c)   Balanced indigenous community means a biotic community typically characterized by diversity, the capacity to sustain itself through cyclic seasonal changes, presence of necessary food chain species, and a lack of domination by pollutant-tolerant species.  This community may include historically non-native species introduced in connection with a program of wildlife management and species whose presence or abundance results from substantial, irreversible environmental modifications.  Normally, however, this community does not include species whose presence or abundance is attributable to:

    (1)   the introduction of pollutants that will be eliminated by compliance by all sources with effluent limitations; and

    (2)   alternate effluent limitations imposed under state regulations.

  (d)   Best management practices means sediment and erosion control and stormwater management practices approved by the Department of Permitting Services or agricultural runoff control practices approved by the Soil Conservation District to mitigate adverse effects of land use activities, runoff, sedimentation, and nonpoint source pollution on stream bank erosion, stream hydrology, surface and groundwater water quality, stream habitat, aquatic life, and groundwater replenishment.

  (e)   County means Montgomery County.

  (f)   Department means the County Department of Environmental Protection.

  (g)   Director means the Director of the Department of Environmental Protection or an authorized designee or agent.

  (h)   Discharge means adding, introducing, releasing, leaking, spilling, casting, throwing or emitting any pollutant, or placing any pollutant in a location where it is likely to pollute waters of the state in the County.

  (i)   Erosion means the process by which ground surface is worn away by the action of wind, water, ice, or gravity.

  (j)   Groundwater means underground water in a zone of saturation or water contained or moving among soils and sands or held within geologic formations under the ground surface.

  (k)   Industrial waste means any liquid, gaseous, solid, slurry, or other waste substance, or any combination of these, resulting from any process or industry, manufacturing, trade or business.

  (l)   Nonpoint source means a diffuse source of pollution that does not result from a pollutant discharge at a specific, single location (such as a single pipe) but generally results from human or human-induced activities which introduce pollutants into waters of the state in the County through land runoff, precipitation, atmospheric deposition, or percolation.

  (m)   Person means any individual, corporation, partnership, joint venture, agency, unincorporated association, municipality, County, state or federal agency, or any combination of them.

  (n)   Plan for compliance a plan submitted to the Director by a person who causes or permits a violation of this Article which establishes specific corrective actions to be taken and dates by which each action must be completed to abate or mitigate the impacts of the violation.

  (o)   Point source means any discernable confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which any pollutant is or may be discharged.

  (p)   Pollutant means any liquid, gaseous, solid, radioactive, hazardous, or other substance which, when discharged directly or indirectly into waters of the state in the County as a point source or nonpoint source, or when applied to or stored on natural or man-made land surfaces, subsurfaces, or other surfaces connected to these surfaces in a manner other than as authorized by applicable permits, regulations, or manufacturer's instructions, has potential to or does:

    (1)   interfere with state or County designated water uses;

    (2)   obstruct or cause damage to waters of the state in the County;

    (3)   change water color, odor, or useability as a drinking water source through causes not attributable to natural stream processes affecting surface water or subsurface processes affecting groundwater;

    (4)   add an unnatural surface film on the water;

    (5)   adversely change other chemical, biological, thermal, or physical conditions in any surface water or stream channel;

    (6)   degrade the quality of ground water; or

    (7)   harm human life, aquatic life, or terrestrial plant and wildlife.

Pollutant includes dredged soil, solid waste, incinerator residue, sewage, garbage, wastewater, wastewater sludge, chemical waste, biological materials, radioactive materials, rock, sand, dust, industrial waste, medical waste, sediment, nutrient, toxic substance, pesticide, herbicide, trace metal, automotive fluid, petroleum-based substance, and oxygen-demanding material.

  (q)   Pollute means to discharge pollutants into waters of the state in the County.

  (r)   Pollution means the direct or indirect distribution of pollutants into waters of this state in the County.

  (s)   Restore means to recreate, where feasible, stable and well-shaded riffle, run, stream meander, and pool structures and aquatic habitat conditions with the goal of supporting more balanced indigenous communities in surface waters that have been damaged by excessive or inadequately controlled stormwater flows and nonpoint source pollution discharges from upland watershed development.

  (t)   Sediment means soils or other particulate materials eroded or otherwise separated by parent materials and transported or deposited by the action of wind, water, ice, or gravity or by illegal dumping.

  (u)   Sedimentation means the action or process of forming or depositing sediment in a manner which adversely impacts, or has the potential to adversely impact the physical and biological diversity of wetlands and waters of the state in the County.

  (v)   Soil Conservation and Water Quality Plan means a land use plan for a farm approved by the Soil Conservation District in accordance with Department of Agriculture (USDA) Soil Conservation Service standards and specifications to make the best possible use of  soil and water resources in carrying out agriculture while minimizing the movement of sediment, animal wastes, nutrients, or agricultural chemicals into waters of the state in the County.

  (w)   Soil Conservation District means the Montgomery Soil Conservation District, which prepares and approves soil conservation and water quality plans.

  (x)   Stream channel means a part of a water course either naturally or artificially created which contains an intermittent or perennial base flow of groundwater origin.

  (y)   State designated water uses means uses specified in state water quality standards.

  (z)   Surface Waters means all waters of the state other than ground waters, which include ponds, lakes, rivers, streams, tidal and nontidal wetlands, public ditches, tax ditches, and public drainage systems except those designed and used to collect, convey, or dispose of sanitary sewage.

  (aa)   Toxic substance means any liquid, gaseous, or solid substance in a concentration which, when applied to, discharged to, or deposited in waters of the state in the County, may, in the judgment of the Department, exert a detrimental effect on humans or on the propagation, cultivation, or conservation of terrestrial or aquatic life.

  (bb)   Waters of the state means both surface waters and ground waters within the boundaries of the State of Maryland and subject to its jurisdiction.

**Sec. 19-49. Administration.**

  The Director must administer and enforce this Article.

  (a)   The Director must coordinate programs relating to water pollution abatement and seek the cooperation and assistance of all County agencies, municipalities and regional agencies, and state regulatory agencies when their programs affect the County.

  (b)   The County Executive, subject to confirmation by the Council, must appoint a Water Quality Advisory Group, composed of up to 3 non-voting representatives of government agencies and 15 voting members.  The voting members should consist of up to 3  representatives each of academic and scientific experts, environmental groups, the agricultural community, and the business community, with the rest from the public at large.  The Group must recommend to the Executive and the Council by March 1 each year water quality goals, objectives, policies, and programs. Each member must be appointed for a 3-year term unless appointed to fill the balance of an unexpired term.  The Group each year must select a chair and any other officer it finds necessary.  The Group must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (c)   The Director may recommend regulations to establish water use classes and water quality standards or criteria which exceed minimum state water use classes, standards, or criteria as set forth in state regulations, or for other purposes necessary to administer this Article.  The Executive may adopt regulations for these purposes under method (1).

  (d)   This Article and any regulations adopted under it must not waive any requirement imposed by the federal Clean Water Act, the state Department of the Environment, or the state Department of Natural Resources.

**Sec. 19-50. Prohibition Of Water Pollution.**

  (a)   A person must not discharge, or cause to flow from a storage system or other container, any pollutant into waters of the state in the County except in concentrations or quantities explicitly authorized by an approved National Pollutant Discharge Elimination System discharge permit or by a plan for compliance, or that are consistent with the utilization of approved best management practices.

  (b)   A person must not connect any apparatus discharging any pollutant, in any quantity, to any part of the waters of the state in the County except as explicitly authorized by an approved National Pollutant Discharge Elimination System discharge permit or by a plan for compliance, or as results from approved best management practices.

  (c)   A person must not improperly store, handle, or apply any pollutant in a manner that will cause its exposure to rainfall or runoff and discharge as point source or nonpoint source pollution into waters of the state in the County except in concentrations or quantities authorized by an approved National Pollutant Discharge Elimination System discharge permit or by a plan for compliance, or as results from approved best management practices.

**Sec. 19-51. Control Of Water Quality.**

  (a)   The Director must regulate waters of the state in the County according to state water quality standards and designated water uses set forth in state regulations If the Director finds that more stringent standards than those adopted by the state are necessary, such standards may be established by regulation adopted under Section 19-49(c).

  (b)   The Director may order:

    (1)   the abatement of any discharge and correction of any pollution of waters of the state in the County; and

    (2)   the abatement and correction of any degradation of riparian habitat and aquatic life, caused by a failure to design, install, operate, or maintain sediment control, stormwater management, or agricultural best management practices in accordance with an approved sediment control plan, stormwater plan, sediment control permit, Soil Conservation and Water Quality Plan, or plan for compliance.

  (c)   If illegal pollutant discharges from properties engaged in agriculture impair aquatic life or public health, cause stream habitat degradation, or result in water quality standards or criteria violations, the Department must pursue correction of these violations in conjunction with the Soil Conservation District and, if necessary, the state Department of the Environment.  Abatement of any violations must be handled in accordance with a memorandum of understanding between the Department and the Soil Conservation District regarding the specific notification and enforcement procedures to be followed in cases of water pollution caused by agriculture.

  (d)    Best management practices used to comply with this Article must be designed, installed, operated, and maintained in accordance with sediment control plans, stormwater management plans, or sediment control permits approved by the Department of Permitting Services.  Agricultural best management practices must be designed, installed, operated, and maintained in accordance with Soil Conservation and Water Quality Plans approved by the Soil Conservation District.

**Sec. 19-52. Records, Reports, Sampling, and Analysis.**

  (a)   If the Director requires the owner or operator of any industrial site to prepare and implement a site control plan to mitigate and eliminate pollution caused by activities at the site, the Director may require the owner or operator, in compliance with the plan, to:

    (1)   maintain records to demonstrate compliance;

    (2)   prepare and file reports necessary to demonstrate compliance; and

    (3)   sample and provide physical, biological, or chemical analysis of discharges by using:

      (A)   a state certified laboratory; and

      (B)   sampling methods where, when and how the Department requires.

  (b)   Upon request of the Department, the owner or operator must provide any records, manifests, and invoices for review.  If the documents are not available at the time of the request, the owner or operator must produce the records within the time designated by the Director.

**Sec. 19-53. Enforcement.**

  (a)   The Department may enter a site at any time during normal business hours, and at other reasonable times, to inspect, investigate, or monitor activities subject to this Article.  If the person in charge of the site does not consent to any entry by the Department, the Director must obtain an administrative search warrant from a court with jurisdiction by showing that reasonable administrative standards for inspecting the site have been met.

  (b)   If a discharge is observed which represents an immediate hazard to public health or safety, or aquatic life, the Director or employees of the Department of Police, the Department of Fire and Rescue Services, and any other agent of the County designated by the County Executive, may enter any property or structure, except a dwelling, as necessary to prevent or stop the hazard.

  (c)   A person must not hinder, prevent, or unreasonably refuse to permit any inspection, investigation, or monitoring under this Article.

  (d)   Upon finding a violation of this Article, the Director may issue a notice of violation, stop order, or corrective order to any person causing or permitting the violation.

  (e)   Any person who causes or permits a violation of this Article to occur must submit a plan for compliance when required by the Department.  A plan for compliance and any amendment to it must be approved by the Director.  If the violation involves a person engaged in agriculture, a plan for compliance must be developed under Section 19-51(c).

  (f)   A person who has submitted a plan for compliance that has been approved by the Director is not in violation of this Chapter as long as the person acts in accordance with the plan for compliance.

  (g)   The Director of Permitting Services may issue a stop work order to any person who violates this Article when performing activities authorized by a building permit or sediment control permit issued under Chapter 8 or Chapter 19.

  (h)   In addition to any other remedy allowed by law, the Department may seek injunctive or other appropriate judicial relief to prevent or stop any violation of this Article.

**Sec. 19-54. Liability for Expenses Caused by Violation.**

  (a)   In an immediate danger to the public health or safety, the Director must notify the responsible party by the most expeditious means, and the party who was notified must remove the illegal discharge or pollutant by the time stated in the notice.  If it is not so removed, the Department may remove, mitigate, and clean up any illegal discharge or pollutant.  The cost of that removal, mitigation, and clean-up must be paid to the County by the person who did not remove, mitigate, and clean up the illegal discharge and pollutant, and is a debt due to the County.  The cost of removal, mitigation, and clean-up is a lien upon all real property.  The cost of removal, mitigation, and clean-up may be listed on the tax bill and may be collected in the manner of ordinary taxes.  This Section does not restrict the Department from proceeding directly with alternative enforcement procedures under Section 19-53.

  (b)   If, after an inspection by the Department, the Director finds that a pollutant discharge poses an immediate hazard to the public health or safety or to the waters of the state in the County, the Director must take action necessary to abate the pollutant discharge, protect the public, and mitigate any damage that the pollutant discharge has caused to the affected waters.  Any cost incurred in carrying out actions under this subsection must be paid by the owner under subsection (a).

  (c)   The Director may establish fees and charges necessary to administer and enforce this Article as provided in regulations adopted under method (3).

**Secs. 19-55--19-59. Reserved.**

### Article V. Water Quality Review in Special Protection Areas.

**Sec. 19-60. Findings and purpose.**

  (a)   The County Council finds that streams, rivers, wetlands, and other sensitive environmental features in Montgomery County constitute an important natural resource.  Protecting, maintaining, and restoring the biological, physical, and chemical integrity of the waters in the County will protect the public health and general welfare, provide for a varied aquatic life, appropriate recreational uses, and other water uses, and serve the purposes of applicable federal and state laws and regulations.  Protection of fragile watershed areas will help restore and maintain the integrity of the Anacostia River, Potomac River, and Patuxent River within Montgomery County and the Chesapeake Bay.

  (b)    The purposes of this Article are to:

    (1)   implement monitoring programs in special protection areas to help attain the goals of the County's water quality laws and regulations;

    (2)   establish coordinated procedures, performance goals, and requirements for development in special protection areas that will mitigate adverse impacts on water resource areas during and after construction or other land-disturbing activities;

    (3)   ensure no net wetland loss as a result of development;

    (4)   authorize a fee to administer and enforce this Article, including monitoring development impacts on streams in special protection areas; and

    (5)   provide a focused and coordinated approach for County water quality protection and monitoring in special protection areas.

**Sec. 19-61. Definitions.**

  In this Article, the following words and phrases have the following meanings:

  Best Management Practices means techniques that are most effective in eliminating or reducing the amount of pollution or other detrimental impact to a watershed or wetland.

  Best Management Practices Monitoring Plan means a written plan that documents the scientific work necessary to assess the effectiveness of best management practices in maintaining water quality.

  DEP Director means the Director of the Department of Environmental Protection or the Director’s designee.

  Department or DPS means the Department of Permitting Services.

  Director or DPS Director means the Director of the Department of Permitting Services or the Director's designee.

  Erosion and Sediment Control Concept Plan means a statement or drawing or both describing how erosion and sediment, resulting from a development, will be controlled or managed to minimize the discharge of pollutants into surface waters.

  Land Use Plan means the County's General Plan (“On Wedges and Corridors”) and all amendments or additions, including master plans, sector plans, and functional plans, adopted by the District Council.

  Planning Director means the Director of the Montgomery County Planning Department or the Director's designee.

  Special Protection Area means a geographic area where:

    (1)   existing water resources, or other environmental features directly relating to those water resources, are of high quality or unusually sensitive; and

    (2)   proposed land uses would threaten the quality or preservation of those resources or features in the absence of special water quality protection measures which are closely coordinated with appropriate land use controls.

  Stormwater Management Concept Plan means a statement or drawing or both describing how water quality impacts and stormwater, resulting from a development, will be controlled or managed to minimize the discharge of pollutants into surface waters.

  Stormwater Management Plan is defined in Section 19-21.

  Stream Monitoring Plan means a statement prepared by the Department of Environmental Protection describing the location of monitoring stations and the nature, form, and frequency of monitoring to be conducted to evaluate the impacts of development on water resources in a special protection area.  A plan must also describe what will be monitored with regard to faunal groups, streams and riparian habitat features, biological features, and physical and chemical properties.

  Stream Monitoring Program means activities conducted by the Department of Environmental Protection to carry out a stream monitoring plan for property in a special protection area, including:

    (1)   an inventory and evaluation of water resources to measure baseline conditions; and

    (2)   an assessment of any impairment of the biological, chemical, and physical integrity of the stream over time related to development impacts in any special protection area.

  Technical Manual means a detailed guidance document prepared jointly by the Departments of Environmental Protection and Permitting Services, in consultation with the Planning Board, and used to implement this Article.

  Water Quality Certification means State authorization required under Section 401 of the Clean Water Act for any federally permitted activity impacting jurisdictional waters of the United States, certifying that the activity complies with Maryland's water quality standards.

**Sec. 19-62. Applicability.**

  (a)   Designation. The Council may designate a geographic area as a special protection area by identifying the area in:

    (1)   a land use plan;

    (2)   the Comprehensive Water Supply and Sewer System Plan;

    (3)   a watershed plan; or

    (4)   a resolution adopted after at least 15 days notice and a public hearing.

  (b)    Privately owned property. Except as otherwise expressly provided in this Chapter, the requirements for a water quality inventory and a preliminary and final water quality plan under Section 19-64 apply in any area designated as a special protection area to a person proposing a land-disturbing activity on privately owned property:

    (1)   who is required by law to obtain approval of a development plan, diagrammatic plan, schematic development plan, project plan, special exception, sketch plan, floating zone plan, conditional use, preliminary plan of subdivision, or site plan; or

    (2)   who is seeking approval of an amendment to an approved development plan, diagrammatic plan, schematic development plan, project plan, special exception, sketch plan, floating zone plan, conditional use, preliminary plan of subdivision, or site plan.

  (c)    Publicly owned property. Before engaging in any land-disturbing on publicly owned property in an area designated as a special protection area, the applying agency or department should prepare a combined preliminary and final water quality plan.

  (d)    Recorded plats. This Article does not apply to any project on property which would otherwise be subject to the requirements of this Section that has a valid, approved record plat for the entirety of the project and for which no amendment is required to accommodate the project on or before October 31, 1994.

**Sec. 19-63. Exemptions.**

  (a)   Any applicant covered by Section 19-62 whose property is in a special protection area must submit a water quality inventory.

  (b)   An applicant who submits a water quality inventory under Section 19-64(a) and whose development does not exceed the following limits need not submit a water quality plan, unless the applicant is specifically required to submit a water quality plan in a land use plan, watershed plan, Comprehensive Water Supply and Sewer System Plan, or Council resolution designating a special protection area, if:

    (1)   a project on property zoned for agricultural, residential, or mixed use contains:

      (A)   a proposed impervious area of less than 8% of the total land area covered by the development approval application; or

      (B)   a cumulative land area of 10 acres or less, and a proposed impervious area of less than 15% of the total land area covered by the development approval application;

    (2)   a project on property zoned for industrial or commercial use consists of a cumulative land area of 2 acres or less covered by the development approval application.

  (c)   An applicant must not avoid the application of this Article by submitting piecemeal applications for property under common or related ownership.

  (d)   If an application for new or additional development approval is submitted for property that was either:

    (1)   previously approved for development, and exempt under subsection (b); or

    (2)   part of a larger tract of land located in a special protection area that was:

      (A)   approved for development under this Article; and

      (B)   under common or related ownership when it was approved for development; the Department or Planning Board, as applicable, in reviewing an application under this Article must assess the cumulative impact of all previously approved development.

**Sec. 19-64. Water Quality Inventory Submittal; Water Quality Plans.**

  (a)    Water quality inventory submittal. A person who is required under Section 19-62 to comply with this Article must submit the following documents as part of a proposed development plan, diagrammatic plan, schematic development plan, project plan, preliminary plan of subdivision, site plan, special exception, sketch plan, floating zone plan, or conditional use, whichever is first required.  Each submission must be reviewed by the receiving agency as part of the plan or permit application, as provided by law.

    (1)   Stormwater management concept plan;

    (2)   Erosion and sediment control concept plan;

    (3)   Documentation showing avoidance or minimization of impacts on environmentally sensitive areas and priority forest conservation areas as specified in the Planning Board's Environmental Guidelines, and an analysis of available alternatives;

    (4)   Preliminary plan describing the proposed development which minimizes impervious area and, if applicable, meets imperviousness limits for the project as are required in a land use plan, watershed plan, or Comprehensive Water Supply and Sewer System Plan; and

    (5)   Any other information required in the technical manual.

  (b)    Preliminary water quality plan submission. Except where exempt under this Article, a person must submit the following, in addition to any information required for a water quality inventory, as part of a complete application for development approval as provided in Section 19-65:

    (1)   Description of the development proposal and all submissions normally required by law or regulation;

    (2)   Documentation of application for state or federal wetland permit;

    (3)   Description of any other mitigation techniques proposed by the applicant or required by applicable guidelines, law, or regulations; and

    (4)   Documentation of anticipated performance on water quality of each proposed measure, individually and together.

  (c)    Final water quality plan submission. A final water quality plan must be submitted as provided in Section 19-65 and must include the following:

    (1)   Stormwater management concept plan, revised as required by the Director, that identifies all proposed mitigation techniques and an analysis of how these measures will meet applicable performance criteria;

    (2)   Erosion and sediment control concept plan, revised as required by the Director;

    (3)   Proposed compliance program, revised as required by the Director, that describes the installation and inspection of all stormwater management facilities;

    (4)   Draft maintenance agreements and easements covering routine maintenance, long-term repair or replacement of any stormwater management facility or other facilities required by the water quality plan, and an assurance of access to the facilities for inspection and monitoring;

    (5)   Copy of valid water quality certification approved by state and federal agencies or, if not available, a report on the status of the certification review and a copy of any revision made to the certification application;

  (6)   Terms, conditions, and requirements as established in the approved preliminary water quality plan, or in the case of a preliminary water quality plan in conjunction with a development approval before the District Council, the terms, conditions, and requirements as required to be revised by the Planning Board or DPS Director to conform to the District Council action on the development plan, schematic plan, floating zone plan, or diagrammatic plan;

    (7)   Any other information required in the technical manual.

**Sec. 19-65. Application, review, and approval procedures.**

  (a)    General.

    (1)   Coordinated with project review.  Water quality review, including submittal and review of the preliminary and final water quality plans, where required, must be done in conjunction with the review process for a development plan, diagrammatic plan, schematic development plan, project plan, preliminary plan of subdivision, site plan, sketch plan, floating zone plan, conditional use, or special exception in accordance with this Section.  The Planning Director must coordinate review of the water quality plan with the DPS Director.

    (2)   Division of approval responsibilities. To avoid duplication of effort, responsibilities for review and approval of water quality plans are divided as follows:

      (A)   In acting on a preliminary or final water quality plan, the Planning Board has lead agency responsibility for:

        (i)   Conformity with all policies in the Planning Board's Environmental Guidelines which apply to special protection areas;

        (ii)   Conformity with any policy or requirement for special protection areas, including limits on impervious area, in a land use plan, watershed plan, or the Comprehensive Water Supply and Sewer System Plan; and

        (iii)   Any other element of the plan in which the Planning Board has primary lead agency design, review, and approval responsibility.

      (B)   In acting on a preliminary or final water quality plan, the Planning Board's approval must conform to the approval of the DPS Director on any element for which the DPS Director has lead agency responsibility.  Those elements include:

        (i)   Performance goals for the approved best management practices;

        (ii)   Stormwater management concept plan;

        (iii)   Erosion and sediment control concept plan; and

        (iv)   Any other element of the plan for which the Department has primary lead agency design, review, and approval responsibility.

      (C)   The Department of Environmental Protection has the lead agency responsibility for the monitoring program, including the monitoring of streams and best management practices.

    (3)   Amendments and minor modifications to an approved plan.

      (A)   Significant amendment. Any written request to amend a development approval which involves any significant alteration to a water quality plan must undergo review as described in subsection (b), except as otherwise modified by regulation.

      (B)   Minor modification. The Planning Director or the DPS Director may approve a modification to an approved water quality plan, for any element in their respective jurisdictions, which is consistent with this Chapter if:

        (i)   inspections or design evaluations reveal minor inadequacies in the plan; or

        (ii)   the modification is required by permit conditions and does not significantly affect site layout.

      (C)   Emergency situation. The Planning Director or the DPS Director may approve a modification or exception to an approved water quality plan for any element in their respective jurisdictions where necessary in an emergency situation.

  (b)    Application.

    (1)   The applicant must submit to the Planning Director a preliminary water quality plan as part of a complete application for a development plan, diagrammatic plan, schematic plan, project plan, sketch plan, floating zone plan, preliminary plan of subdivision, or site plan, whichever is first required.  For a special exception or conditional use that is subject to this Chapter, the applicant must submit a preliminary water quality plan as part of the special exception or conditional use application to the Board of Appeals. For a project on publicly owned property, the agency or department should submit the water quality plan in conjunction with the mandatory referral process.

    (2)   If the development proposal requires more than one of the approvals listed in paragraph (1), the applicant must submit a preliminary water quality plan to the Planning Director in conjunction with the first approval and a final water quality plan in conjunction with the last approval.

    (3)   If only one approval listed in paragraph (1) is required, an applicant, with the approval of the Planning Board, must submit a combined preliminary and final water quality plan.

  (c)    Review. After receiving a preliminary or final water quality plan, the Planning Director must refer the plan to the DPS Director and other reviewing agencies.  The DPS Director must transmit to the Planning Director within the time limits for acting on a plan established by law:

    (1)   Findings on compliance with this Chapter of any:

      (A)   stormwater management concept plan;

      (B)   erosion and sediment control concept plan;

      (C)   stream monitoring plan and best management practices monitoring plan as prepared and implemented by the Department of Environmental Protection;

      (D)   maintenance agreements and easements; and

      (E)   other element of a plan in which the Department has primary lead agency review and approval responsibility.

    (2)   Comments, if any, on any element of a plan in which the Planning Board has primary lead agency review and approval responsibility, including any determination of conformance with a land use plan, watershed plan, or the Planning Board's Environmental Guidelines.

  (d)    Condition of approval.

    (1)   In the case of a water quality plan in conjunction with an amendment to a development plan, schematic development plan, diagrammatic plan, sketch plan, or floating zone plan, Planning Board action on the water quality plan must conform to Section 7.2.1.E or Section 7.7.1.B of Chapter 59.

    (2)   In the case of a water quality plan in conjunction with a special exception, the Planning Board, after holding a public hearing and finding that the plan meets the standards of this Article, must approve a water quality plan and forward the approved plan to the Board of Appeals with its recommendation on the special exception in accordance with Section 59-G-1.2.

    (3)   The final water quality plan, as amended by the Planning Board, must be a condition of approval of the development application and must conform to:

      (A)   changes made by the DPS Director to elements that are in DPS's jurisdiction under subsection (a)(2);

      (B)   any requirements and limits of the state water quality certification and wetland permit, as approved or, if not yet approved, as applied for, and other regulatory approvals, not inconsistent with the certification or permit;

      (C)   any regulations and guidelines, including any policies or requirements in a land use plan, watershed plan, or Comprehensive Water Supply and Sewer System Plan concerning water quality protection in a special protection area;

      (D)   any bond provisions required under Sections 19-10 and 19-32, and any element in the water quality plan required by the Planning Board; and

      (E)   any other condition necessary to implement this Article.

    (4)   For a water quality plan for a project on public property, the Planning Board, after public hearing which may be conducted when the Board considers a mandatory referral application, must determine if the plan meets the standards of this Article.  The applying agency or department should not engage in land-disturbing activities that are inconsistent with the approved combined water quality plan unless the applying agency has found that the water quality protection measures it would otherwise use meet the purposes of this Chapter.

**Sec. 19-66. Enforcement, appeals, waiver.**

  (a)    Enforcement agreement. Each final water quality plan must contain an enforceable agreement, including an approved financial security instrument, with the Planning Board and the DPS Director, requiring maintenance of all facilities required by the plan.  The financial security instrument may be combined with any other financial security instrument required by this Chapter.

  (b)    Transference of responsibility. Each approved final water quality plan for a residential project must provide that neither ownership nor maintenance of any feature of the water quality plan may be transferred to the County, a homeowners association, or any resident until the DPS Director or the Planning Board, depending on which is the lead agency to review the feature, finds that:

    (1)   each feature has been installed in accordance with the specifications shown on the approved plan;

    (2)   each feature has been verified, by inspection to have been operational and functioning as designed for a reasonable period of time after construction of all units and facilities associated with the last phase of the development project; and

    (3)   homeowners association documents include detailed instructions and a schedule concerning how the facilities and features operate and should be maintained, and assure adequate funding for routine and long term inspections, repair and maintenance of all features shown on the approved plan.

  (c)    Appeals.

    (1)   An aggrieved person may appeal a final decision by the Planning Board or the DPS Director concerning a final development approval or permit in which the provisions of this Article are applied.

      (A)   A final decision by the Planning Board occurs when a written opinion concerning a development approval which requires the implementation of a final water quality plan is mailed.

      (B)   A final decision by the DPS Director occurs when the Department has approved, rejected, issued, modified, or revoked a permit which requires the implementation of a final water quality plan.

    (2)   An appeal of a final decision by the Planning Board must be filed with the Circuit Court within 30 days after the written opinion is mailed.  The DPS Director may intervene as a party in any appeal involving the implementation of a final water quality plan. The Board of Appeals does not have jurisdiction to hear any appeal arising from a final decision by the Planning Board under this Article.

    (3)   An administrative appeal of a decision by the DPS Director must be filed with the Board of Appeals within 30 days after the decision is made.  The Planning Board may present evidence to the Board of Appeals concerning any element of a final water quality plan that relates to its lead agency authority, if relevant to the appeal.

  (d)    Event of default.

    (1)   Events of default are:

      (A)   Required stormwater management facilities, erosion and sediment control facilities, or other mitigation techniques have not been installed or maintained in a correct manner.

      (B)   An applicant has not complied with any other requirement of a water quality plan or this Article.

      (C)   Required fees have not been paid to support a stream monitoring program.

    (2)   If an event of default occurs, the Planning Board or the DPS Director, as applicable, may, in addition to any other remedy already permitted under this Chapter:

      (A)   issue an order prohibiting the applicant from performing any further land-disturbing activities on any developed or undeveloped phase of the project until the applicant is in compliance, or revoking or suspending a permit under Section 19-9.

      (B)   issue a citation for a Class A violation.  Each day a violation continues is a separate offense.

      (C)   take any legal action under Section 1-20 or Chapter 50.

  (e)    Waiver.

    (1)   Written request. An applicant may apply for a waiver from this Article or any regulation adopted under it if enforcement would result in undue hardship to the applicant.  The application must be directed to either the Planning Board or the DPS Director, as applicable.

    (2)   Review and action. After consulting reviewing agencies and holding a public hearing, the Planning Board or the DPS Director, as applicable, may waive any requirement if the applicant shows by clear and convincing evidence that:

      (A)   the application of some or all requirements of this Article would result in undue hardship to the applicant because of events or circumstances not caused or facilitated by the applicant;

      (B)   the applicant would still comply with all applicable federal, state, or County water quality standards; and

      (C)   the relief sought is the minimum needed to prevent hardship.

**Sec. 19-67. Implementation.**

  (a)    Stream monitoring program.

    (1)   Program. The Director of Environmental Protection must design, develop, and implement a stream monitoring program as described in regulations adopted under this Chapter.

    (2)   Priorities. The Director of Environmental Protection must set priorities for monitoring subwatershed areas before development. Priorities must be based on anticipated timing of development within a 2-year period, as indicated by the Planning Director.

  (b)    Regulations; technical manual; environmental guidelines; performance goals.  The Departments of Permitting Services and Environmental Protection, after consulting the Planning Board, must jointly adopt regulations, including a technical manual and necessary procedures, under method (2) to administer this Chapter.  The Departments and the Board must carry out their functions under this Article in accordance with these regulations.  The regulations must include:

    (1)   procedures and standards for preparing a water quality inventory, preliminary or final water quality plans, and a combined preliminary/final water quality plan;

    (2)   procedures to enhance coordination between the Department and the applicant where a wetland permit or water quality certification is also required;

    (3)   supplementary requirements for stormwater management and erosion and sediment control concept plans for special protection areas;

    (4)   criteria for distinguishing minor and significant amendments or modifications;

    (5)   standards for water quality protective measures during and after construction, including special restrictions or standards required for special protection areas;

    (6)   model language for an enforcement agreement or a homeowners association maintenance agreement;

    (7)   other appropriate program requirements consistent with this Article.

  (c)    Annual Report. The Directors of Environmental Protection and Permitting Services jointly must prepare an annual report, in coordination with the Planning Board, to the County Council that describes the effectiveness of best management practices and the observed impact of development on the biological integrity of streams in special protection areas.  A copy of the report must be sent to the Planning Board and other responsible agencies.

  (d)    Fee.

    (1)   The Directors of Environmental Protection and Permitting Services may set a fee in an amount not to exceed the reasonable cost of administering, implementing, and enforcing their respective duties under this Article.  The fee, including the time when it must be paid, must be set by regulation under Method (3).  The Planning Board may set a fee under Chapter 50.  A person to whom this Article applies must pay the fees.

    (2)   The fees established under this subsection may be based on the size of a tract or other relevant factor and are intended to offset the cost of:

      (A)   permit review and enforcement of conditions; and

      (B)   monitoring of streams and best management practices to determine the impact of a particular development on stream water quality as well as the effectiveness of certain best management practices in maintaining stream water quality.

### Article VI. General.

**Sec. 19-68. High-PAH pavement sealant products.**

  (a)   Definitions. As used in this Section:

  Coal tar pavement sealant means a pavement sealant that contains coal tar, coal tar pitch, coal tar pitch volatiles, RT-12, refined tar, or a variation of those substances assigned the chemical abstracts service (“CAS”) number 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2.

  Director means the Director of the Department of Environmental Protection or the Director’s designee.

  High-PAH pavement sealant means a pavement sealant containing:

    (1)   steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a variation of those substances assigned the CAS number 64742-90-1 or 69013-21-4; or

    (2)   more than 0.1% (1000 ppm) polycyclic aromatic hydrocarbons, by weight, using a standard testing protocol for determining the PAH content of a pavement sealant approved by the Director.

  PAH means Polycyclic Aromatic Hydrocarbons.

  Pavement sealant means a material intended to be surface applied to an asphalt or concrete surface, including a driveway or parking lot, to protect or seal the asphalt or concrete. Pavement sealant does not include material applied to a roof.

  (b)   Use of coal tar or high-PAH pavement sealants prohibited.

    (1)   A person must not use a coal tar or high-PAH pavement sealant in the County.

    (2)   Both the property owner and the applicator have violated this Section if a coal tar or high-PAH pavement sealant is applied in the County.

  (c)   Sale. A person must not sell or offer for sale a coal tar or a high-PAH pavement sealant in the County.

  (d)   Enforcement. The Director must:

    (1)   publish a list of pavement sealants acceptable for use on asphalt and concrete in the County that are not coal tar or high-PAH pavement sealants;

    (2)   ensure all pavement sealants on the list in paragraph (1) have been tested using a standard testing protocol for determining the PAH content of a pavement sealant approved by the Director; and

    (3)   generally enforce this Section.

**Sec. 19-69.Authority of department of environmental protection.**

  The Director of Environmental Protection may, within 5 working days after the Department of Permitting Services issues any permit or other approval under this Chapter, suspend, revoke, or modify that permit or approval if the DEP Director finds that the issuance of the permit or approval did not protect the water resources of the County to the extent required by this Chapter or otherwise did not comply with this Chapter. The recipient of any permit or other approval under this Chapter must not take any action allowed by the permit or approval during that 5-day period. Any person aggrieved by an action of the DEP Director under this Section may appeal that action to the Board of Appeals within 30 days after the action is taken. A decision by the DEP Director not to suspend, revoke, or modify a permit or approval under this Section is not appealable, and must not be considered in any later appeal of the issuance of a permit or other approval or in any other proceeding.

**Sec. 19-70. Violations.**

  Any violation of this Chapter is a Class A violation.  However, notwithstanding Section 1-19, the maximum penalty for a civil violation of Article I is $1,000 for an initial or repeat offense. Each day a violation continues is a separate offense.

**Sec. 19-71. Tree Protection.**

  (a)   If any clearing, construction, or development allowed by any permit issued by the Department of Permitting Services under this Chapter would result in the trimming, cutting, removal, or injury of any roadside tree (as defined in Section 49-35) or any tree located in a State right-of-way in the County, the Director must not issue that permit until:

    (1)   the applicant obtains a roadside tree care permit as necessary from the State Department of Natural Resources; and

    (2)   the applicant has submitted, in connection with the permit applied for under this Chapter, and the Director has approved, a site-specific tree protection plan that meets the requirements of Section 49-36A(d), unless the applicant is engaged in an activity described in Section 49-36A(b)(2).

  (b)   The Department must approve or reject each proposed tree protection plan within 30 days after receiving it. If the Department does not act on a proposed plan within 30 days, the plan is approved by default. The Department may require further information after a proposed plan is submitted, and may extend this deadline once for an additional 15 days to receive any needed information. The Department also may extend this deadline at the request of the applicant.

  (c)   The County Executive may adopt regulations under Method (2) to specify standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees, under this Section. These regulations must be at least as stringent as applicable state roadside tree care standards and requirements.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 19A. Ethics.

### Article I. General Provisions.

**Sec. 19A-1. Short title.**

  This chapter may be cited as the Montgomery County Public Ethics Law.

**Sec. 19A-2. Legislative findings and statement of policy.**

  (a)   Our system of representative government depends in part on the people maintaining the highest trust in their officials and employees. The people have a right to public officials and employees who are impartial and use independent judgment.

  (b)   The confidence and trust of the people erodes when the conduct of County business is subject to improper influence or even the appearance of improper influence.

  (c)   To guard against improper influence, the Council enacts this public ethics law. This law sets comprehensive standards for the conduct of County business and requires public employees to disclose information about their financial affairs.

  (d)   The Council intends that this Chapter, except in the context of imposing criminal sanctions, be liberally construed to accomplish the policy goals of this Chapter. The Council also intends that this Chapter meet the requirement under state law that the County adopt legislation that is similar to the state public ethics law.

**Sec. 19A-3. Conflicts of law.**

  If any other County statute or regulation relating to conflicts of interest, financial disclosure, or lobbying disclosure is more stringent than this law, the more stringent provision applies.

**Sec. 19A-4. Definitions.**

  Unless the context clearly indicates otherwise, the following words have the following meanings:

  (a)   Agency or County agency means:

    (1)   any department, principal office, or office of the executive or legislative branch of County government;

    (2)   any board, commission, committee, task force, or similar body appointed by the County Executive or County Council;

    (3)   the Revenue Authority, the Housing Opportunities Commission, and the Board of License Commissioners;

    (4)   each independent fire department or rescue squad that receives funds from the County or uses property owned by the County; and

    (5)   any other public body if the Commission finds that:

      (A)   the public body is subject to the County's legislative authority to enact an ethics law; and

      (B)   the policies articulated in section 19A-2 would be significantly furthered by the application of this Chapter to the public body.

  (b)   Business means any for-profit or non-profit enterprise, including a corporation, general or limited partnership, sole proprietorship, joint venture, association, firm, institute, trust, or foundation. Business does not include a County agency, but includes an independent fire department or rescue squad.

  (c)   Commission means the Montgomery County Ethics Commission, established under Section 19A-5.

  (d)   Compensation means any money or thing or value, regardless of form, including the sale or delivery of tangible or intangible property, that an employer pays or agrees to pay for services rendered.

  (e)   Doing business with means:

    (1)   being a party with a County agency to a transaction that involves at least $1,000 during a year;

    (2)   negotiating a transaction with a County agency that involves at least $1,000 during a year; or

    (3)   submitting a bid or proposal to a County agency for a transaction that involves at least $1,000 during a year.

  (f)   Employer means any person who pays or agrees to pay compensation for services rendered.

  (g)   Employment or employ means engaging in an activity for compensation, including the active sale or promotion for sale of intellectual property produced by the public employee, such as books, newspaper, magazine, or journal articles, videos, crafts, and artwork.

  (h)   Gift means the transfer of anything of economic value, regardless of form, without an exchange of consideration of at least equal value. Gift does not include a transfer regulated by state or federal law governing political campaigns or elections.

  (i)    Immediate family means spouse and dependent children.  A child is a dependent if the child may be claimed as a dependent for federal income tax purposes.  For a public employee, immediate family also includes the employee’s domestic partner if the partner is receiving County benefits.

  (j)    Interest or economic interest means any source of income or any other legal or equitable economic interest, whether or not the interest is subject to an encumbrance or a condition, which is owned or held in whole or in part, jointly or severally, and directly or indirectly. Interest does not include:

    (1)   an interest in a time deposit or demand deposit in a financial institution or in a money market fund with assets of at least $10,000,000;

    (2)   an interest in an insurance policy, endowment policy, or annuity contract under which an insurance company promises to pay a fixed number of dollars either in a lump sum or periodically for life or some other specified period;

    (3)   an interest in a deferred compensation plan that:

      (A)   has more than 25 participants; and

      (B)   the Internal Revenue Service has determined qualifies under section 457 of the Internal Revenue Code;

    (4)   an interest in a common trust fund or a trust that forms part of a pension plan or profit-sharing plan that:

      (A)   has more than 25 participants; and

      (B)   the Internal Revenue Service has determined to be a qualified trust or college savings plan under the Internal Revenue Code; or

    (5)   an interest in a mutual fund, exchange-traded fund, closed-end fund, or unit investment trust that:

      (A)   has more than 25 participants;

      (B)   is regulated by the Securities and Exchange Commission; and

      (C)   the investor does not control the purchase or sale of the individual securities held by the fund.

  (k)   Lobbying means any attempt to influence any legislative, executive, or administrative action by a County agency.

  (l)   Lobbyist means any individual or organization who spends money or is compensated to influence legislative, executive, or administrative action by a County agency.

  (m)   Public employee means:

    (1)   the County Executive and each member of the County Council;

    (2)   any person employed by a County agency, including the director of the agency;

    (3)   any person appointed by the County Executive or County Council to a board, commission, committee, task force, or similar body, whether or not:

      (A)   the person is compensated for serving on the body; or

      (B)   the body is permanent or temporary;

    (4)   any member of the Revenue Authority, the Housing Opportunities Commission, or the Board of License Commissioners; and

    (5)   any other person providing services without compensation to a County agency if that person:

      (A)   exercises any responsibility for government-funded programs, procurement, or contract administration for an agency; or

      (B)   has access to confidential information of an agency that relates to government-funded programs, procurement, or contract administration.

  (n)   Relative means:

    (1)   the public employee's siblings, parents, grandparents, children, grandchildren;

    (2)   the public employee's spouse, or domestic partner receiving County benefits, and the spouse's or partner's siblings, parents, grandparents, children, grandchildren; and

    (3)   the spouses of these relatives.

  (o)   Restricted donor means a person or business that:

    (1)   is registered or must register as a lobbyist under Section 19A-21;

    (2)   does business with the County agency with which the public employee is affiliated;

    (3)   is engaged in an activity regulated or controlled by the County agency with which the public employee is affiliated;

    (4)   has a financial interest that may be substantially and materially affected in a manner distinguishable from the public generally by the performance or nonperformance of the public employee’s duties; or

    (5)   is an association, or any entity acting on behalf of an association, that is engaged only in representing counties or municipal corporations.

  (p)   Quasi-governmental entity means an entity that:

    (1)   is created by the State of Maryland or County law;

    (2)   performs a public function; and

    (3)   is supported in whole or in part by the State of Maryland but is managed privately.

  (q)   Year means calendar year.

### Article II. Administration.

**Sec. 19A-5. Ethics Commission.**

  (a)    Creation. The Montgomery County Ethics Commission is established. The Commission has 5 members. Each Commission member is appointed by the County Executive and confirmed by the Council.

  (b)    Composition; Qualifications for Membership. Each member of the Commission must meet the following qualifications:

    (1)   The member must reside in the County and be registered to vote in the County.

    (2)   During the member's term of office, the member must not:

      (A)   hold or be a candidate for any state, County or local elected or appointed office;

      (B)   be an employee of:

        (i)   the state;

        (ii)   a political subdivision of the state; or

        (iii)   a public body created by the state or a political subdivision of the state;

      (C)   be an employee or officer of a political party;

      (D)   participate (except by voting or contributing money) in any state, County, or local political campaign;

      (E)   participate (except by voting or contributing money) in support of or opposition to any question placed on the ballot by state, County, or local government, except a question that directly affects the Commission; or

      (F)   be a lobbyist.

    (3)   No more than 3 members may be registered to vote in primary elections of the same political party.

  (c)    Term. Commission members serve for a term of 4 years. The terms of no more than 2 members may expire in any one year. Any vacancy must be filled only for the remainder of the unexpired term. A Commission member serves until the Council confirms a successor unless the member resigns before a successor is confirmed.

  (d)    Chair. The Commission must select a chair annually. The Commission may select other officers annually as it finds appropriate.

  (e)    Removal.

    (1)   The Council or the County Executive may initiate the removal of a Commission member for:

      (A)   neglect of duty;

      (B)   misconduct in office;

      (C)   disability that renders the member unable to perform the duties of office; or

      (D)   violation of law.

    (2)   The Council or the County Executive must give the member written notice of the reason for the removal. The member is entitled to a hearing held under Chapter 2A. If the County Executive initiates the removal, the hearing must be held by the Council or a hearing officer designated by the Council. If the Council initiates the removal, the hearing must be held by the County Executive or a hearing officer designated by the Executive.

    (3)   A member is removed if the Council and the County Executive concur in removal.

    (4)   If the County Executive does not approve a removal within 14 days after the Council votes to remove a member, the Council may remove the Commission member without the approval of the County Executive by a vote which would be sufficient to enact legislation over the disapproval of the Executive under Section 208 of the Charter. The Council must take this action within 30 days after it first voted to remove the member.

  (f)    Administrative Support.

    (1)   The Commission must be allocated merit system staff, separate office space, equipment, and supplies within the limits of the Commission's appropriations. Commission staff serve at the Commission’s direction to perform duties assigned by the Commission.  The Commission must appoint a staff director/chief counsel to perform duties assigned by the Commission, and may remove the staff director/chief counsel.  Subject to the general supervision of the Commission, the staff director/chief counsel must appoint and supervise and may remove other Commission staff.  The appointment, retention, and removal of all Commission staff must be subject to applicable merit system laws and regulations.  The staff director/chief counsel must be an attorney licensed to practice law in Maryland, and may advise and represent the Commission without the approval or supervision of the County Attorney.

    (2)   The Commission may ask the County Attorney to provide an opinion on any legal issue relating to the Commission's duties,

    (3)   The County Attorney must, on request of the Commission,  provide the Commission with legal services.  The County Attorney must provide an attorney to prosecute a case before the Commission under Section 19A-10 unless the Commission assigns or retains a different attorney or other staff member to perform that function. An individual attorney in the office of the County Attorney who is assigned to provide general legal advice to the Commission must not be an investigator under Section 19A-9 or prosecute a case before the Commission under Section 19A-10 for one year after the attorney's Ethics Commission assignment ends.

    (4)   The Commission may retain legal services from persons outside the Office of the County Attorney and without the approval of the County Attorney if:

      (A)   the Commission finds that obtaining independent legal services is necessary for the Commission effectively to perform its responsibilities; and

      (B)   the County Council approves the Commission’s decision to select legal counsel and appropriates sufficient funds to cover the cost of the legal services.

**Sec. 19A-6. Authority and duties of Commission; appeal of Commission decisions.**

  (a)   Authority. The Commission may:

    (1)   conduct investigations under Section 19A-9;

    (2)   authorize the issuance of summonses and subpoenas, and administer oaths and affirmations;

    (3)   impose sanctions under Section 19A-10;

    (4)   adopt regulations to implement this Chapter under method (2);

    (5)   extend a deadline for distribution or filing of forms for up to 6 months if the Commission finds that the deadline creates an unreasonable burden. An extension may apply to an individual or a class of individuals. The extension must be in writing. However, the Commission must not extend the time in which a complaint must be filed under Section 19A-10;

    (6)   conduct public education and information programs regarding the purpose and implementation of this Chapter;

    (7)   publish opinions under Section 19A-7;

    (8)   establish procedures to govern the conduct of Commission affairs;

    (9)   interpret this Chapter and advise persons as to its application; and

    (10)   require each compensated public employee to attend a Public Ethics training course of at least one hour on the following schedule:

      (A)   at least once every 3 years for a public employee holding a merit or a non-merit County position who is required to file a financial disclosure statement;

      (B)   within 30 days after beginning service as County Executive or Councilmember unless the person has attended a training course within 3 years before that date; and

      (C)   at such times as the Commission determines for:

        (i)   every other public employee; and

        (ii)   a person holding a position described in Sections 19A-17(b)(6), 19A-17(b)(7), 19A-17(b)(8), 19A-17(b)(9) or 19A-17(c)(2); and

    (11)   take all other necessary acts to carry out the purposes of this Chapter.

  (b)   Duties. The Commission must:

    (1)   prepare and distribute all financial disclosure forms under Article IV and lobbying disclosure forms under Article V;

    (2)   maintain, as official custodian, forms and records filed under this Chapter;

    (3)   act on a complaint filed under Section 19A-10;

    (4)   respond to a request for a waiver under Section 19A-8;

    (5)   act on a request for other employment approval under Section 19A-12; and

    (6)   respond to a request for an advisory opinion submitted under Section 19A-7.

  (c)   Appeals. The subject of a final decision finding a violation by the Commission on a complaint, or a person aggrieved by a final decision on a request for a waiver or request for other employment approval may appeal the decision to the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. An appeal does not stay the effect of the Commission’s decision unless the court hearing the appeal orders a stay.  Any party aggrieved by a judgment of the Circuit Court may appeal that judgment to the Court of Special Appeals.

  (d)   Request for rehearing or reconsideration.

    (1)   The subject of a final decision of the Commission finding a violation on a complaint or a person aggrieved by a final decision of the Commission on a request for waiver or request for other employment approval may ask the Commission for a rehearing or reconsideration.

    (2)   A request for rehearing or reconsideration:

      (A)   must be filed within 30 days after the issuance of the Commission's final decision; and

      (B)   must state in writing all reasons in support of the request.

    (3)   The filer of the request must mail or deliver a copy of the request to all parties of record.

    (4)   A request for rehearing or reconsideration does not stay the effect of the Commission's decision unless the Commission orders otherwise.

    (5)   A request for rehearing or reconsideration stays the time in which an appeal under subsection (c) may be filed until the Commission takes final action on the request.

  (e)   Cooperation with Inspector General.  The Commission may ask the Inspector General to investigate any matter within the Inspector General’s or the Commission’s jurisdiction, and if the matter is within the Commission’s jurisdiction, to report any findings confidentially to the Commission.  The Commission may disclose confidentially to the Inspector General any information it has that the Inspector General reasonably needs to perform statutory duties.

  (f)   Annual report.  The Commission must publish an annual report each year, not later than March 1, summarizing the actions it has taken during the preceding calendar year and describing each waiver it approved and advisory opinion it issued during that year.  The report must not mention the names of any individual, unless otherwise properly made public, who was the subject of any action or opinion.

**Sec. 19A-7. Advisory Opinions.**

  (a)   Any person subject to this Chapter or Sections 2-109, 11B-51 or 11B-52(a) may ask the Commission for an advisory opinion on the meaning or application of this Chapter or Sections 2-109, 11B-51 or 11B-52(a) to that person. A supervisor or department head may ask the Commission for an advisory opinion about the meaning or application of this Chapter or Sections 2-109, 11B-51 or 11B-52(a) to the employment-related conduct of any public employee supervised by the supervisor or department head. Unless the subject of the opinion authorizes disclosure, the Commission must keep the names of the requesting party and the subject of the opinion confidential.

  (b)   The Commission must publish each opinion when it is issued unless the Commission finds that the privacy interest of a public employee or other person clearly and substantially outweighs the public's needs to be informed about Commission actions. The Commission at least annually must publish a list of all unpublished opinions, with the reason why each opinion was not published. The Commission must take all reasonable steps consistent with making the opinion useful for public guidance to keep confidential the identity of any person who is affected by the opinion request.

**Sec. 19A-8. Waivers.**

  (a)   After receiving a written request, the Commission may grant to a public employee or a class of public employees a waiver of the prohibitions of this Chapter and Sections 11B-51 and 11B-52(a) if it finds that:

    (1)   the best interests of the County would be served by granting the waiver;

    (2)   the importance to the County of a public employee or class of employees performing official duties outweighs the actual or potential harm of any conflict of interest; and

    (3)   granting the waiver will not give a public employee or class of employees an unfair economic advantage over other public employees or members of the public.

  (b)   After receiving a written request, the Commission may waive the prohibitions of subsection 19A-12(b) if it finds that:

    (1)   the waiver is needed to ensure that competent services to the County are timely and available;

    (2)   failing to grant the waiver may reduce the ability of the County to hire or retain highly qualified public employees; or

    (3)   the proposed employment is not likely to create an actual conflict of interest.

  (c)   After receiving a written request, the Commission may waive the prohibitions of Section 19A-13(b) if it finds that:

    (1)   failing to grant the waiver may reduce the ability of the County to hire or retain highly qualified public employees; or

    (2)   the proposed employment is not likely to create an actual conflict of interest.

  (d)   The Commission may waive the prohibitions of Sections 19A-12 or 19A-13 without making the findings required in subsection (b) or (c) if an employer certifies, and the Commission agrees, that releasing pertinent facts about the proposed other employment is not in the interest of effective law enforcement or the national security of the United States.

  (e)   The Commission may impose appropriate conditions to fulfill the purposes of this Chapter when it grants a waiver.

  (f)    Each waiver request must:

    (1)   be in writing;

    (2)   be signed under oath by the public employee who applies for the waiver;

    (3)   disclose all material facts;

    (4)   show how the employee meets the applicable waiver standard, and

    (5)   include a statement from the public employee’s agency head (or the Chief Administrative Officer if the employee is not supervised by an agency head) indicating whether the agency head concurs with the waiver request.

  (g)   The Commission must disclose to the public any waiver that it grants and, on request of any person, must disclose the underlying waiver request and any statement filed under subsection (f)(5) from the employee’s agency head or the Chief Administrative Officer.  If the Commission denies a request for a waiver, the Commission may publish its response as an advisory opinion under Section 19A-7(b).  But the identity of any public employee who applies for a waiver must be kept confidential until the waiver is granted.  The Commission may reveal the identity of any public employee who applies for a waiver that is not granted if:

    (1)   the public employee authorizes public disclosure; or

    (2)   the Commission has reasonable cause to believe that the public employee has engaged in the conduct for which the waiver was sought.

  (h)   After giving the public employee notice and an opportunity to respond, the Commission may revoke any waiver if it finds that the public employee who applied for the waiver did not disclose a material fact in the waiver request.

  (i)    The Commission must include the pertinent facts in each waiver.

  (j)   The Commission must promptly notify the State Ethics Commission, the Chief Administrative Officer, and the Council when it waives any prohibition of this Chapter for any class of public employees.

**Sec. 19A-9. Investigations.**

  (a)   The Commission may on its own initiative investigate any matter that the Commission believes may constitute a violation of this Chapter or Sections 2-109, 11B-51 or 11B-52(a) if the Commission finds in writing that an investigation is necessary to resolve the matter.

  (b)   Any investigation must be conducted by the staff of the Commission, the County Attorney, or a special counsel or other person temporarily retained by the Commission to conduct the investigation. The Commission must not actively participate in any investigations.

  (c)   An investigator acting under the authority of the Commission may require any person to:

    (1)   respond under oath to written questions within 30 days;

    (2)   produce verified copies of records within 30 days; and

    (3)   on 15 days notice, attend a deposition to answer under oath questions asked by the investigator.

The investigator must disclose to the person from whom information is sought the general nature and purpose of the inquiry. A person must not refuse to answer written questions, produce records, attend a deposition, or answer questions at a deposition unless the refusal is permitted by law. The investigator may seek from a court of competent jurisdiction an order compelling compliance with this subsection.

  (d)   The identity of any person who supplies information to an investigator and the report of the investigator must be kept confidential, except as otherwise expressly provided in this Chapter.

  (e)   The investigator must give the Commission a confidential written report of the investigator's factual findings, the sources of information, and the identity of each person providing information.

**Sec. 19A-10. Complaint; Adjudicatory Hearing.**

  (a)

    (1)

      (a)   Any individual may file a confidential written complaint with the Commission. The complaint must allege facts under oath that would support a reasonable person in concluding that a violation of this Chapter or Sections 2-109, 11B-51 or 11B-52(a) occurred.

    (2)

      (A)   The complaint must be filed within the later of 2 years after:

        (i)   the alleged violation; or

        (ii)   the complainant learned or should have learned of facts that would lead a reasonable person to conclude that a violation occurred.

      (B)   A complaint may not be filed more than 6 years after the alleged violation occurred.

    (3)   The Commission may refer the complaint to Commission staff or the County Attorney for investigation under Section 19A-9 or may retain a special counsel or other person to investigate.

    (4)   If the complaint does not allege facts sufficient to state a violation of this Chapter or the Commission finds that dismissal is consistent with the purpose of this Chapter, the Commission may dismiss the complaint. The Commission must inform the complainant of its decision to dismiss the complaint. The Commission may inform the subject of the complaint that the complaint was filed and dismissed but must not disclose the identity of the complainant.

  (b)   The Commission may file, on its own motion, a complaint based on a report received from an investigator under Section 19A-9, if the complaint is filed within the time limits established in subsection (a).

  (c)   If, based on a complaint and a report, if any, submitted under Section 19A-9, the Commission finds reasonable cause to believe that a violation of this Chapter or Sections 2-109, 11B-51 or 11B-52(a) has occurred, the Commission must hold an adjudicatory hearing. However, the Commission may dispose of a matter by consent order instead of holding an adjudicatory hearing.

  (d)   If the Commission holds an adjudicatory hearing, the Commission must:

    (1)   give the subject of the complaint a copy of the complaint, including the identity of the complainant; and

    (2)   give the subject of the complaint copies of those portions of approved minutes of the Commission relating to the complaint, and any report issued under Section 19A-9.

  (e)   The Commission may:

    (1)   issue summonses and subpoenas to compel attendance at a hearing;

    (2)   require any person to produce records at a hearing; and

    (3)   administer oaths or affirmations to witnesses.

  (f)   The parties to the hearing are the subject of the complaint and the County.  The prosecuting attorney may be the investigator who issued a report under Section 19A-9, an attorney in the County Attorney’s office, or a special counsel.  Each party may be represented by counsel. Each party may present evidence and cross-examine witnesses. The subject of the complaint may require the Commission to issue subpoenas for witnesses and documents to the same extent a party in litigation in state court would be entitled to the summons or subpoena.

  (g)   The rules of evidence used in judicial proceedings do not apply. The Commission may admit and give appropriate weight to evidence, including hearsay, that possesses probative value commonly accepted by reasonable and prudent persons.

  (h)   A hearing is closed to the public. However, the Commission may in its sole discretion open the hearing to the public if the subject of the complaint requests that the hearing be open. The Commission may issue additional rules of procedure governing an adjudicatory hearing.

  (i)   The Commission must make written findings of fact and conclusions of law based on the record made at the hearing. If after a hearing the Commission finds that no violation of this Chapter has occurred, the Commission must dismiss the complaint.

  (j)   If the Commission dismisses a complaint without holding a hearing or after holding a closed hearing, the Commission must not release to the public the identity of the subject of the complaint, the complainant, or any witness.

  (k)   If the Commission finds that a violation of this Chapter has occurred, the Commission must publicly disclose its findings and conclusions, including the identity of the subject of the complaint, the complainant, and the witnesses.

  (l)   The Commission must promptly notify the complainant and the subject of the complaint of its findings and conclusions and the disposition of the complaint.

  (m)   If the Commission finds a violation of this Chapter or Sections 2-109, 11B-51 or 11B-52(a), the Commission may:

    (1)   seek injunctive relief under Section 19A-27;

    (2)   proceed under Section 19A-28;

    (3)   seek recovery under Section 19A-29;

    (4)   seek the imposition of disciplinary action by appropriate public employees under Section 19A-30;

    (5)   order the subject of the complaint to stop any violation;

    (6)   issue a public or private reprimand, and

    (7)   impose a fine which does not exceed $1000.

  (n)   The Commission may, at any time, refer to an appropriate prosecuting attorney any information that indicates that a criminal offense may have occurred. The Commission may, at any time, share confidential information about a pending matter with an employee’s appointing official and the County Attorney

  (o)   A public employee must not retaliate against an individual for:

    (1)   communicating with the Commission; or

    (2)   participating in an investigation of a potential violation of this Chapter or of Sections 2-109, 11B-51, or 11B-52(a).

### Article III. Conflicts of Interest.

**Sec. 19A-11. Participation of public employees.**

  (a)   Prohibitions. Unless permitted by a waiver, a public employee must not participate in:

    (1)   any matter that affects, in a manner distinct from its effect on the public generally, any:

      (A)   property in which the public employee holds an economic interest;

      (B)   business in which the public employee has an economic interest; or

      (C)   property or business in which a relative has an economic interest, if the public  employee knows about the relative's interest;

    (2)   any matter if the public employee knows or reasonably should know that any party to the matter is:

      (A)   any business in which the public employee has an economic interest or is an officer, director, trustee, partner, or employee;

      (B)   any business in which a relative has an economic interest, if the public employee knows about the interest;

      (C)   any business with which the public employee has an active application, is negotiating, or has any arrangement for prospective employment;

      (D)   any business that is considering an application from, negotiating with, or has an arrangement with a relative about prospective employment, if the public employee knows about the application, negotiations, or the arrangement;

      (E)   any business or individual that is a party to an existing contract with the public employee or a relative, if the contract could reasonably result in a conflict between private interests and official duties;

      (F)   any business that is engaged in a transaction with a County agency if:

        (i)   another business owns a direct interest in the business;

        (ii)   the public employee or a relative has a direct interest in the other business; and

        (iii)   the public employee reasonably should know of both direct interests;

      (G)   any business that is subject to regulation by the agency with which the public employee is affiliated if:

        (i)   another business owns a direct interest in the business;

        (ii)   the public employee or a relative has a direct interest in the other business; and

        (iii)   the public employee reasonably should know of both direct interests;

      (H)   any creditor or debtor of the public employee or a relative if the creditor or debtor can directly and substantially affect an economic interest of the public employee or relative;

      (I)   any business or individual that in the previous 12 months employed the employee or an immediate family member of the employee; or

      (J)   any business in which the employee or an immediate family member of the employee was an officer, director, trustee, or partner in the previous 12 months; or

    (3)   any case, contract, or other specific matter affecting a party for whom, in the prior year, the public employee was required to register to engage in lobbying activity under this Chapter.

  (b)   Exceptions.

    (1)   If a disqualification under subsection (a) leaves less than a quorum capable of acting, or if the disqualified public employee is required by law to act or is the only person authorized to act, the disqualified public employee may participate or act if the public employee discloses the nature and circumstances of the conflict.

    (2)   Subsection (a) does not apply to an administrative or ministerial duty that does not affect an agency's decision on a matter.

    (3)   Paragraph (a)(1) does not apply to a public employee who is appointed to a regulatory or licensing body under a statutory provision that persons subject to the jurisdiction of the body may be represented in appointments to the body.

    (4)   Subparagraph (a)(2)(A) does not apply to a public employee, if the County Executive or the County Council appoints the public employee to serve as an officer, director, or trustee of a business to represent the public interest.

    (5)   Subparagraph (a)(2)(A) does not apply to a public employee who is an officer, director, or trustee of an organization, if the public employee discloses the relationship, is not compensated by the organization, and has no:

      (A)   managerial responsibility or fiduciary duty to the organization;

      (B)   authority to approve the organization's budget;

      (C)   authority to select any officer or employee of the organization; or

      (D)   authority to vote on matters as a member of the governing body of the organization.

    (6)   If expressly authorized by regulation, subsection (a) does not apply to:

      (A)   a police officer’s exercise of the officer’s police authority during approved outside employment; or

      (B)   a police officer or fire/rescue employee who is exercising the employee’s official duties in an emergency affecting a business or property in which the employee or a relative of the employee has an economic interest.

  (c)   Thresholds. In this section, interest or economic interest means:

    (1)   any source of income, direct or indirect, if the employee:

      (A)   received more than $1,000 from that source of income in any of the last 3 years;

      (B)   is currently receiving more than $1,000 per year from that source of income: or

      (C)   is entitled to receive at least $1,000 in any year in the future from that source of income;

    (2)   a business in which the public employee or a relative owns more than 3 percent;

    (3)   securities that represent ownership or can be converted into ownership of more than 3 percent of a business; or

    (4)   any other economic interest worth more than $1,000.

  (d)   Procurement disclosure. A public employee who participates in a procurement process with an individual or organization seeking to do business with the County that compensated the public employee for services performed more than 12 months before the participation began must disclose the prior relationship to the Procurement Director. The Procurement Director must include a statement of this disclosure in the procurement file.

  On behalf of the Executive and Legislative branches of the Montgomery County Government, the County Attorney requested that the Ethics Commission issue a class waiver under § 19A-8 (a) of the County Code from the prohibitions of § 19A-11(a)(1) and (2) to allow public employees who hold a limited economic interest in certain large publicly traded entities to participate in matters that involve those entities. For the reasons stated below, the Ethics Commission grants the requested class waiver.

  Section 19A-11(a)(1) prohibits a public employee from participating in a matter if the matter affects property or a business in which the employee has an economic interest worth $1,000 or more; § 19A-11(a)(2) prohibits a public employee from participation in a matter if a party to the matter is an entity in which the employee has an economic interest worth $1,000 or more.

  On December 1, 2020, the County Council, at the request of the Ethics Commission, introduced Bill 47-20, Ethics, Ethics Commission - Conflicts of Interest – Financial Disclosure –Amendments. Bill 47-20 proposed to carve out an exception to § 19A-11(a)(1) and (2) to permit a public employee, who holds a limited economic interest in certain large publicly traded entities, to participate in a matter that involves those entities. The proposed amendment to § 19A-11(b) reads as follows:

(7)   Subparagraph (a)(2) does not apply to an employee’s participation in a matter affecting a business with a principal place of business outside of the County where the employee’s economic interest is limited to ownership of publicly traded securities: (A) issued by a company that is part of the Standard & Poor’s 500 Index; and (B) the market value of the securities does not exceed $25,000.

(8)   Subparagraph (a)(1) does not apply to an employee’s economic interest that is limited to the ownership of publicly traded securities issued by a company with a principal place of business outside the County if the market value of the securities does not exceed $50,000.

  The Ethics Commission proposed this amendment due to the extreme unlikelihood that an action of the Montgomery County government would impact a large publicly traded entity to such an extent that the entity’s stock price would be materially impacted. At the insistence of the State Ethics Commission, the Council deleted this provision from Bill 47-20. The State Ethics Commission, however, suggested that the County Ethics Commission might accomplish the same outcome by issuing a class waiver.

  Pursuant to § 19A-8, the Ethics Commission, after receiving a written request, may grant a class of public employees a waiver from the prohibitions of the Ethics Law if the Commission finds that: (1) the best interests of the County would be served by granting the waiver; (2) the importance to the County of a class of employees performing their official duties outweighs the actual or potential harm of any conflict of interest; and (3) granting the waiver will not give a class of employees an unfair economic advantage over other public employees or members of the public.

  The proposed exemptions from the coverage of § 19A-11 in Bill 47-20 (described above) were modeled on exemptions in federal regulations from application of the federal conflict of interest law. See 18 U.S.C. Section 208 and 5 C.F.R. 2640.202. Given the national scope of federal action, the likelihood of federal action impacting public companies is immensely greater than action by a single Maryland county. Nonetheless, certain holdings of federal employees have been exempted from application of the federal conflict of interest law. As the County’s proposal is limited to the very largest public companies as represented in the Standard and Poor’s 500 Index, the proposal has an even narrower scope than what the federal regulation permits. Coverage by the County’s Ethics Law of circumstances that are inherently not problematic trivializes the Ethics Law and the application of that law. An employee with a few shares of a major corporation’s stock who is involved in a procurement involving that corporation’s products would reasonably conclude that there is no conflict of interest, because, in fact, there is no actual conflict. It would be the extremely unusual case that an employee could affect the value of the employee’s holding of the Company’s stock through action as a County employee. Nonetheless, the County’s Ethics Law imposes strict liability in this circumstance and makes the services of that employee unavailable to the County, unless a waiver is obtained from the Ethics Commission. Of course, the Ethics Commission could use “prosecutorial discretion” and decline to pursue a technical violation by an employee caused by the employee’s holding of a small amount of stock of a major corporation. But it is preferable to create a general rule through the issuance of a class waiver rather than rely on the ad hoc use of prosecutorial discretion where inconsequential technical violations have occurred.

  Granting this class waiver request is in the best interest of the County, because the importance of having County employees do their respective jobs without fear of inconsequential violations of the Ethics Law that might occur in the absence of the waiver outweighs any theoretical harm of such violations. Granting the waiver will not confer an economic advantage over other employees or members of the public. There simply is no economic advantage as the exempted holdings will not be materially affected by employee action; so, granting the waiver would not confer economic advantage on any person.

  For these reasons, the Commission grants a class waiver to establish the exemptions from the law that the Ethics Commission proposed to the Council in Bill 47-20.

  The Commission imposes the following condition on use of the waiver. In the event an employee wishes to assert entitlement to the waiver, when requested by the Ethics Commission, the employee must attest to the precise value and extent of the employee’s holdings in the securities for the time period(s) for which the waiver is claimed to apply.

**Sec. 19A-12. Restrictions on other employment and business ownership.**

  (a)   General restrictions.

    (1)   A public employee must not engage in any other employment unless the employment is approved by the Commission. The Commission may impose conditions on its approval of other employment.

    (2)   The Commission may adopt appropriate procedures to receive and decide other employment requests.

    (3)   The appointing authority should give a copy of this Section to applicants for positions that are affected by this Section. The Supervisor of Elections should give a copy to candidates for elected offices that are affected by this Section.

    (4)   A request for approval of other employment is confidential. Commission action on the request is also confidential. However, the Commission must disclose to the public each action approving an employment request, including:

      (A)   the name of the employee;

      (B)   the name of the employer;

      (C)   the nature of the other employment; and

      (D)   any conditions imposed by the Commission.

    (5)   After giving the public employee notice and an opportunity to respond, the Commission may revoke any action approving an employment request if it finds that the public employee did not disclose a material fact in the request.

  (b)   Specific restrictions. Unless the Commission grants a waiver under subsection 19A-8(b), a public employee must not:

    (1)   be employed by, or own more than one percent of, any business that:

      (A)   is regulated by the County agency with which the public employee is affiliated; or

      (B)   negotiates or contracts with the County agency with which the public employee is affiliated; or

    (2)   hold any employment relationship that could reasonably be expected to impair the impartiality and independence of judgment of the public employee.

  (c)   Exceptions.

    (1)   Subsections (a) and (b) do not apply to:

      (A)   a public employee who is appointed to a regulatory or licensing body under a statutory provision that persons subject to the jurisdiction of the body may be represented in appointments to it;

      (B)   a public employee whose government duties are ministerial, if the employment does not create a conflict of interest; or

      (C)   a member of a board, commission, or similar body in regard to employment held when the member was appointed if the employment was publicly disclosed before appointment to the appointing authority, and to the County Council when confirmation is required. The appointing authority must forward a record of the disclosure to the Commission, which must keep a record of the disclosure on file.

    (2)   If expressly authorized by regulation, subparagraph (b)(1)(A) and paragraph (b)(2) do not prohibit a police officer from working outside employment for an organization solely because that organization is located in the County or in the district where the officer is assigned.

  (d)   Prohibition against unapproved employment. Unless the Commission permits it or subsections (a) and (b) do not apply, a person must not knowingly employ a public employee.

  (e)   Prohibition against contingent compensation. A public employee must not assist or represent a party for contingent compensation in a matter before or involving a County agency except in a judicial or quasi-judicial proceeding. However, a public employee may assist or represent a party for contingent compensation in any matter for which contingent fees are authorized by law.

  (f)   Chief Administrative Officer. A public employee must not engage in other employment while serving as the Chief Administrative Officer.

**Sec. 19A-13. Employment of former public employees.**

  (a)    A former public employee must not work on or otherwise assist any party, other than a County agency, in a case, contract, or other specific matter if the employee significantly participated in the matter as a public employee.

  (b)    For one year after the effective date of termination from County employment, a former public employee must not enter into any employment understanding or arrangement (express, implied, or tacit) with any person or business if the public employee significantly participated during the previous 3 years:

    (1)   in regulating the person or business; or

    (2)   in any procurement or other contractual activity concerning a contract with the person or business (except a non-discretionary contract with a regulated public utility).

  (c)   Significant participation means making a decision, approval, disapproval, recommendation, rendering of advice, investigation, or similar action taken as an officer or employee.  Significant participation ordinarily does not include program or legislative oversight, or budget preparation, review, or adoption.

  (d)   A person serving as County Executive or Councilmember must not engage in lobbying to influence a legislative action for which lobbying registration would be required under this Chapter for one calendar year after leaving office except to represent a municipal corporation, a county, or a State government entity.

  (a) The first resolution adopted under Section 2-119(a), inserted by Section 1 of this Act, must take effect on July 1, 2004. Any corporation that seeks to be designated as the local management board must submit proposed articles of incorporation and bylaws to the County Executive and County Council for review and comment by May 1, 2004.

  (b) By February 1, 2004, the Director of the Department of Health and Human Services must submit to the Executive and Council a local management board transition plan to address such issues as financial oversight during a transition; modification of service contracts to assure that services to children and families are not disrupted; and transition of affected employees.

  (c) Notwithstanding any inconsistent provision of County Code Section 19A-13, a person employed by the Department of Health and Human Services before July 1, 2004, may be employed by a corporation after it is designated as the local management board, and if so employed may immediately work on any matter that the person significantly participated in as a Department employee.

**Sec. 19A-13A. Contractor Conduct.**

  (a)   For purposes of this Section, the terms agency or County agency do not include agencies or County agencies that are subject to Section 11B-52.

  (b)   Unless authorized by law, or by the Ethics Commission under this Chapter, a person while engaged in a procurement matter with an agency or County agency must not employ or offer to employ a public employee if the duties of the public employee include significant participation in the procurement matter.

**Sec. 19A-14. Misuse of prestige of office; harassment; improper influence.**

  (a)    Unless expressly authorized by regulation or as may be permitted under Section 19A-16, a public employee must not intentionally use the prestige of office for private gain or the gain of another. Performing usual and customary constituent services, without additional compensation, is not prohibited by this subsection.

  (b)   Unless expressly authorized by the Chief Administrative Officer, a person must not use an official County or agency title or insignia in connection with any private enterprise.

  (c)   A public employee must not use any County agency facility, property, or work time for personal use or for the use of another person, unless the use is:

    (1)   generally available to the public; or

    (2)   authorized by a County law, regulation, or administrative procedure.

  (d)

    (1)   A public employee must not appoint, hire, or advocate the advancement of a relative to a position that is under the jurisdiction or control of the public employee.

    (2)   A relative of a public employee must not be employed in a position if the public employee:

      (A)   would exercise jurisdiction or control over the position; and

      (B)   advocates the relative’s employment.

  (e)   A public employee must not intimidate, threaten, coerce or discriminate against any person for the purpose of interfering with that person's freedom to engage in political activity.

  (f)   A person must not influence or attempt to influence a public employee to violate this Chapter.

  (g)

    (1)   A public employee must not with respect to a particular matter represent another person, or provide advice to another person that would qualify as an expert opinion in a court, if:

      (A)   a County agency or the County is a party to the matter and the person being assisted has a position adverse to the County agency or the County; or

      (B)   the County agency or the County has a direct and substantial interest in the matter that is adverse to the interests of the person being assisted.

    (2)   This subsection does not apply to a public employee who renders assistance to:

      (A)   another public employee if the matter involves a personnel action;

      (B)   a member of the public employee’s immediate family if the public employee renders the assistance without compensation; or

      (C)   a person for whom the public employee serves as a guardian, trustee or other personal fiduciary.

    (3)   This subsection does not apply to:

      (A)   a public employee while carrying out the employee’s official duties; or

      (B)   a member of a board, committee or commission if:

        (i)   the member is not compensated by the County;

        (ii)   the matter does not relate to the responsibilities of the board, committee or commission; and

        (iii)   the board, committee or commission solely performs an advisory function.

    (4)   In this subsection "represent" means to act on behalf of another person, and includes acting as an agent or attorney for the other person.

**Sec. 19A-15. Disclosure of confidential information; ex parte communications.**

  (a)    Except when authorized by law, a public employee or former public employee must not disclose confidential information relating to or maintained by a County agency that is not available to the public. A public employee or former public employee must not use confidential information for personal gain or the gain of another.  Unless expressly prohibited by law, a public employee may disclose validly obtained confidential information to another public employee if the other public employee reasonably needs the information to carry out the employee’s official duties.

  (b)

    (1)   A public employee decision-maker must not consider any communication made outside of the record regarding any matter that must be decided on the basis of a record after an application is filed or a proceeding is otherwise initiated.

    (2)   Except as otherwise expressly authorized by law, any public employee decision maker, and any public employee who directly advises a decision maker, must not:

      (A)   initiate or participate in any communication outside the record with any person regarding a matter that must be decided on the basis of a record; or

      (B)   conduct an independent investigation of any fact related to a matter that must be decided on the basis of a record.

    (3)   The recipient of any communication made outside the record, including advice rendered by officials or staff of another government agency, must promptly enter that communication in the record. If the communication was oral, the recipient must write down the substance of the communication and enter it into the record. The decision-making body may consider any communication made outside of the record if all parties are given a reasonable opportunity to respond.

    (4)   This subsection does not restrict a communication that consists solely of:

      (A)   advice rendered to a decision-maker by an attorney employed or retained by the decision-maker’s agency;

      (B)   advice rendered to a decision-maker by appropriate officials or staff of the decision-maker’s agency;

      (C)   a procedural question that does not involve the substance of facts in a record; and

      (D)   discussions between members of a decision-making body.

**Sec. 19A-16. Soliciting or accepting gifts.**

  (a)   Except as permitted by Subsection (b) or by Commission regulation, a public employee must not solicit any gift to the employee or for another person from a restricted donor or another public employee. In addition, a public employee must not solicit a gift from any person to the employee or another person:

    (1)   during official work hours, or at a County agency;

    (2)   while wearing all or part of an official uniform of a County agency, or while otherwise identifiable as a public employee; or

    (3)   with the intent of affecting or offering to affect any action by a County agency.

  (b)   A public employee may solicit a gift:

    (1)   from a public employee for a charitable drive that is approved by the County Executive or (for public employees of the legislative branch) the President of the Council, when the solicitation is part of the public employee’s official duties;

    (2)   from any person to a charitable organization, as defined in the state law regulating public charities, or a municipality, if the public employee does not solicit gifts primarily from a restricted donor or from other employees who are supervised directly or indirectly by the public employee;

    (3)   from any person, during official work hours, while identifiable as a public employee, or at a County agency, for the benefit of a County agency or a nonprofit organization formally cooperating on a program with a County agency if the solicitation is authorized by the County Executive or (for public employees of the legislative branch) the President of the Council in an order printed in the County Register that designates:

      (A)   the public employee authorized to solicit the gift;

      (B)   the purpose for which the gift is sought;

      (C)   the manner in which the gift may be solicited;

      (D)   the persons or class of persons from whom gifts may be solicited; and

      (E)   the type of gifts that may be solicited;

    (4)   while wearing all or part of a uniform of the corporation, to a nonprofit fire or rescue corporation of which the public employee is a member; or

    (5)   from any person to a charitable organization, as defined in the state law regulating public charities, while identifiable as an elected official, if the employee lists in a supplement to each annual financial disclosure statement each organization to which the employee solicited a contribution during that year.

  (c)   A public employee must not knowingly accept a direct or indirect gift from a restricted donor.

  (d)   Subsection (c) does not apply to:

    (1)   meals and beverages consumed in the presence of the restricted donor or sponsoring entity at a function attended by at least 20 persons or, if fewer than 20 persons attend, meals and beverages consumed in the presence of the restricted donor or sponsoring entity which do not exceed $50 in value from the same source in any calendar year;

    (2)   ceremonial gifts or awards that have insignificant monetary value;

    (3)   unsolicited gifts, except for cash or cash equivalents, that do not exceed $20 in cost;

    (4)   reasonable expenses for food, travel, lodging, and scheduled entertainment of the public employee, given in return for the public employee's participation in a panel or speaking at a meeting;

    (5)   a gift to an elected official, if the gift:

      (A)   is a courtesy extended to the office;

      (B)   consists of tickets or free admission for the elected official and one guest to attend a charitable, cultural, civic, labor trade, or political event attended by at least 20 participants, including meals and beverages served at the event; and

      (C)   is provided by the person sponsoring the event.

    (6)   any item that is solely informational or of an advertising nature, including a book, report, periodical, or pamphlet, if the resale value of the item is $20 or less;

    (7)   gifts from a relative;

    (8)   honoraria for speaking to or participating in a meeting if the offering of the honorarium is not related to the employee’s official position and is unsolicited; or

    (9)   a specific gift or class of gifts which the Commission exempts from this Section after finding in writing that accepting the gift or class of gifts is not detrimental to the impartial conduct of the business of a County agency.

  (e)   Subsection (c) does not apply to unsolicited gifts to a County agency.

  (f)    A public employee who receives a gift that the public employee must not accept under this Section must report the gift to the Commission, if otherwise required to report it, and return the gift to the donor or transfer the gift to the County. If the unacceptable gift is a perishable item, the employee, instead of transferring the gift to the County, may transfer it to a charitable or educational organization that can make timely and effective use of the gift, so long as the employee is not an officer, director, trustee, partner, or employee of the receiving organization.

**Sec. 19A-16A. Political activities of quasi-judicial officials.**

  (a)   A County quasi-judicial official must not:

    (1)   solicit or accept from a person within the official’s jurisdiction a financial contribution for any political candidate, political organization or ballot question (other than a ballot question which directly affects the official’s agency); or

    (2)   solicit from a person within the official’s jurisdiction an endorsement of or opposition to a political candidate.

  (b)   In this Section:

    (1)   County quasi-judicial official means:

      (A)   a member or alternate member of the Animal Matters Hearing Board;

      (B)   a member of the County Board of Appeals;

      (C)   a member of the Board of Electrical Examiners:

      (D)   a member of the Board of Registration;

      (E)   a member or alternate member of the Commission on Landlord-Tenant Affairs;

      (F)   a voting member of the Commission on Common Ownership Communities;

      (G)   a member of the Ethics Commission;

      (H)   a member of a case review board of the Human Rights Commission;

      (I)   a member of the Merit System Protection Board;

      (J)   a member of the Sign Review Board;

      (K)   a member of the Historic Preservation Commission;

      (L)   a member of the Contract Review Committee;

      (M)   the Chief Administrative Officer;

      (N)   a hearing examiner in the Office of Zoning and Administrative Hearings;

      (O)   any Public Hearing Officer in the Office of the County Executive; and

      (P)   a member of the Cable Compliance Commission.

    (2)   Political organization means;

      (A)   an “authorized candidate campaign committee” as defined in the state election law;

      (B)   a “partisan organization” as defined in the state election law;

      (C)   a “political committee” as defined in the state election law;

      (D)   a “political action committee” as defined in the state election law; and

      (E)   a “political party” as defined in the state election law.

    (3)   Candidate has the same meaning as in the state election law.

    (4)   Person within the official’s jurisdiction means an individual who:

      (A)   is registered, or is required to register, as a lobbyist on a matter that is or could be considered by the official;

      (B)   owns or operates a business that is regulated by the official;

      (C)   does business with or has a matter pending before the official’s agency; or

      (D)   has an identifiable economic interest, different from that of the general public, that the official may substantially affect in performing the official’s duties.

### Article IV. Financial Disclosure.

**Sec. 19A-17. Who must file a financial disclosure statement.**

  The following persons must file a public financial disclosure statement under oath:

  (a)   each incumbent and candidate for:

    (1)   County Executive; and

    (2)   County Council;

  (b)   the following public employees:

    (1)   Chief Administrative Officer and any Deputy or Assistant Chief Administrative Officer;

    (2)   special assistants to the County Executive;

    (3)   director and deputy director of each department, principal office, and office in the County government;

    (4)   any officer holding a position designated by law as a non-merit position;

    (5)   each Hearing Examiner in the Office of Zoning and Administrative Hearings;

    (6)   members of the County Board of Appeals;

    (7)   members of the Commission;

    (8)   each member of the Fire and Emergency Services Commission, Board of License Commissioners, Revenue Authority, and Housing Opportunities Commission;

    (9)   members of the Merit System Protection Board;

    (10)   the Executive Director of the Office of the County Council and the Deputy Director of the Office of the County Council, if any;

    (11)   each Senior Legislative Analyst, Legislative Analyst, Senior Legislative Attorney, and Legislative Attorney for the County Council;

    (12)   the Legislative Information Officer for the County Council;

    (13)   each Senior Legislative Analyst and Legislative Analyst in the Office of Legislative Oversight;

    (14)   each Legislative Senior Aide III for the County Council;

    (15)   the Inspector General and the deputy Inspector General;

    (16)   members of the Police Accountability Board;

    (17)   members of the Administrative Charging Committee; and

    (18)   any person who is appointed to serve in an acting capacity in any position listed in the preceding paragraphs while the position is vacant; and

  (c)   the following public employees, if not already required to file under this Section:

    (1)   any public employee in the Management Leadership Service;

    (2)   any paid member of any board, commission, or committee of County government, and any other member of a board, commission, or committee of County government who the Chief Administrative Officer designates; and

    (3)   any other public employee in the Executive branch of County government designated by the Chief Administrative Officer, and any public employee in the legislative branch of County government designated by the Council Administrator.

  (d)   In designating other public employees to file financial disclosure statements, the Chief Administrative Officer and Council Administrator respectively should include those employees whose duties and responsibilities are likely to substantially affect private interests and require significant participation through decision or the exercise of significant judgment, and without substantial supervision and review, in taking a government action regarding:

    (1)   contracting or procurement;

    (2)   administering grants or subsidies;

    (3)   land use, planning and zoning;

    (4)   regulating, licensing or inspecting any business;

    (5)   other decisions with significant economic impact; and

    (6)   law enforcement.

**Sec. 19A-18. Financial disclosure statement; procedures.**

  (a)   Each public employee required to file a public financial disclosure statement under Section 19A-17 must file a financial disclosure statement in the system established by the Chief Administrative Officer under subsection (h):

    (1)   by April 15 of each year if that person was a filer at the end of the previous calendar year, covering the year just ended or;

    (2)   within 15 days after a public employee begins employment in a position covered by Section 19A-17, covering the prior year and the current year up to the date of filing;

    (3)   before an employee leaves a position covered by Section 19A-17, unless the employee has taken another position covered by Section 19A-17. The Director of Finance must not issue an employee’s final paycheck until the employee has filed a statement required by this paragraph. Any statement filed under this paragraph must cover the period since the employee’s last filed statement;

    (4)   before the Council confirms the appointment of any person nominated by the County Executive to hold any office listed in subsection 19A-17(b), covering the prior year and the current year up to the date of filing. Any person required to file a report under this paragraph need not file a report under paragraph (2) unless 90 days has passed since the filing of the report under this paragraph; and

    (5)   as part of the application for a Council-appointed office listed in subsection 19A-17(b), covering the prior year and the current year up to the date of filing. Any person required to file a report under this paragraph need not file a report under paragraph (2) unless 90 days has passed since the filing of the report under this paragraph.

  (b)   Each candidate for an office listed in subsection 19A-17(a) must file with the County Board of Elections a financial disclosure statement covering the year prior to the date of filing the candidate’s certificate of candidacy. The statement must be filed with the certificate of candidacy or certificate of nomination. The County Board of Elections must not accept a certificate of candidacy or certificate of nomination unless a financial disclosure statement in proper form has been filed. A statement filed for the prior year under subsection (a) that is available for inspection under subsection (f) satisfies the requirements of this subsection.

  (c)   If at the end of a calendar year in which a candidacy is pending and no election has occurred, the candidate must file a financial disclosure statement with the County Board of Elections covering the year just ended. The statement must be filed on or before the last day to withdraw a candidacy. A statement filed under subsection (a) on or before the last day to withdraw a candidacy covering the year just ended that is available for inspection under subsection (f) satisfies the requirements of the subsection. The County Board of Elections must notify each candidate of this obligation to file the financial disclosure statement at least 20 days before the last day to withdraw a candidacy. If a statement required under this subsection is overdue and not filed within 8 days after the candidate receives written notice from the County Board of Elections of the failure to file, the candidate is deemed to have withdrawn the candidacy.

  (d)   The County Board of Elections must not accept a certificate of candidacy or certificate of nomination unless the candidate has filed a financial disclosure statement in proper form.

  (e)

    (1)

      (A)   Any person, other than a candidate for elective office, who is required to file under Section 19A-17, must file a financial disclosure statement in an electronic system set up to receive and administer financial disclosure reports. The filer must certify that each statement was made to the best of the filer’s knowledge and belief.

      (B)   The Chief Administrative Officer must review each statement for filers in the Executive Branch, and the Council Administrator must review each statement for each filer in the Legislative Branch, to see if the answers are complete.

      (C)   For departments and offices in the Executive Branch, the Chief Administrative Officer may designate the head of a department or office to review a statement. For offices of the Legislative Branch, the Council Administrator may designate the head of an office to review a statement. A director of a County department or office or the Chief Administrative Officer or the Council Administrator, as appropriate, may designate the deputy director of the department or the chief of a division to review a statement. Each designation must be reported to the Chief Administrative Officer or the Council Administrator, as appropriate, and to the Commission. The reviewer may seek the advice of public employees familiar with the filer’s official responsibilities, including the filer’s supervisor, in evaluating the report under subparagraph (B).

    (2)   Each reviewer must certify within 30 days that the statement has been completed.

  (f)   The Commission must make available each statement filed under this Article for examination and copying during normal office hours. The Commission must redact a public employee’s home addresses from a statement that is made available for examination or copying. The Commission may charge reasonable fees and adopt procedures to examine and copy statements.

  (g)   The Commission must make available the electronic form for filing annual financial disclosure statements by the first business day of each calendar year.

  (h)   The Chief Administrative Officer must establish and maintain an electronic system to facilitate filing of and public access to financial disclosure statements required under this Article. Any electronic system must report an accurate list of each public employee required to file a statement under Section 19A-17, whether the employee is required to file under subsections 19A-17(a), (b), or (c), and include the employee’s position, necessary contact information, the reviewer, and whether the report is an initial, annual, or final report. This list should be current and correspond to personnel records and records of memberships in boards, committees and commissions. Any electronic system must be able to generate reports upon request of the Chief Administrative Officer, the Council Administrator, or the Commission detailing who is required to file and the current state of compliance by public employees with financial disclosure filing and review requirements under this Article. The Ethics Commission must, upon request, provide the list of employees designated to file financial disclosure reports to the Council. The Commission must make all necessary accommodations for any person who does not have access to the electronic system.

  (i)   A person must not use any financial disclosure statement required under this Chapter for commercial purposes.

  (j)   The Commission must retain each financial disclosure statement filed under this Article for 4 years. For each filer filing under subsection 19A-17(a), the retention period must be at least 6 years.

**Sec. 19A-19. Content of financial disclosure statement.**

  (a)   Each financial disclosure statement filed under Section 19A-17(a) must disclose the following:

    (1)   Interests in real property.

      (A)   The statement must identify each interest in real property, regardless of the property’s location.

      (B)   For each interest in real property, the statement must include:

        (i)   the nature of the property, and the location by street address, mailing address, or legal description of the property;

        (ii)   the nature and extent of the interest held, including any condition or encumbrance on the interest;

        (iii)   the date when, the manner in which, and the identity of the person from whom the interest was acquired;

        (iv)   the nature and amount of the consideration given in exchange for the interest or, if the interest was acquired other than by purchase, the fair market value of the interest when it was acquired;

        (v)   if any interest was transferred, in whole or in part, at any time during the reporting period, a description of the interest transferred, the nature and amount of the consideration received for the interest, and the identity of each person to whom the interest was transferred; and

        (vi)   the identity of any other person with an interest in the property.

    (2)   Interests in corporations, partnerships or other businesses.

      (A)   The statement must list each interest in any corporation, partnership, limited liability partnership, limited liability corporation, sole proprietorship, or other business.

      (B)   For each interest reported, the statement must specify:

        (i)   the name and, unless the interest is traded publicly on a national exchange, the address of the principal office of the corporation, partnership, limited liability partnership, limited liability corporation, sole proprietorship, or other business;

        (ii)   the nature and amount of the interest held, including any condition or encumbrance on the interest;

        (iii)   for any interest transferred, in whole or in part, at any time during the reporting period, a description of the interest transferred, the nature and amount of the consideration received for the interest, and, if known, the identity of the person to whom the interest was transferred; and

        (iv)   for any interest acquired during the reporting period:

          (1)   the date when, the manner in which, and the identity of the person from whom the interest was acquired; and

          (2)   the nature and amount of the consideration given in exchange for the interest or, if the interest was acquired other than by purchase, the fair market value of the interest when it was acquired.

      (C)   A filer may satisfy the requirement to report the amount of the interest held under subparagraph (B)(ii) by reporting, instead of a dollar amount:

        (i)   for an equity interest in a corporation, the number of shares held and, unless the corporation’s stock is publicly traded, the percentage of equity interest held; or

        (ii)   for an equity interest in a partnership, the percentage of equity interest held.

    (3)   The Commission may, by method 2 regulation, permit a filer to satisfy the requirement to report the amount of consideration paid or received for an interest in real property, a corporation, partnership, or other business by identifying a category of values established in the regulation.

    (4)   Gifts.

      (A)   The statement must list each gift valued at more than $20 or any series of gifts totaling $100 or more received during the reporting period from or on behalf of, directly or indirectly, a restricted donor.

      (B)   For each gift listed, the statement must specify:

        (i)   the nature and value of the gift; and

        (ii)   the identity of the person from whom, or on behalf of whom, directly or indirectly, the gift was received.

    (5)   Employment with, or interests in, entities doing business with the County.

      (A)   The statement must identify each office, directorship, and salaried employment by the filer or member of the filer’s immediate family held at any time during the reporting period with any entity doing business with the County.

      (B)   For each position listed under this Section, the statement must include:

        (i)   the name and address of the principal office of the business entity;

        (ii)   the title and nature of the office, directorship, or salaried employment held, and the date it started; and

        (iii)   the name of each County agency with which the entity is involved, indicated by identifying one or more of the three categories of “doing business”, as defined in Section 19A-4(e).

    (6)   Indebtedness to entities doing business with the County.

      (A)   The statement must identify each liability, other than a retail credit account to any person doing business with the County owed at any time during the reporting period by:

        (i)   the filer; or

        (ii)   a member of the filer’s immediate family if the filer was involved in the transaction giving rise to the liability.

      (B)   For each liability reported under this paragraph, the statement must specify:

        (i)   the identity of the person to whom the liability was owed, and the date the liability was incurred;

        (ii)   the amount of the liability owed at the end of the reporting period;

        (iii)   the terms of payment of the liability, and the extent to which the principal amount of the liability was increased or reduced during the year; and

        (iv)   the security, if any, given for the liability.

    (7)   Employment with the County. The statement must identify each immediate family member of the filer employed by the County in any capacity at any time during the reporting period.

    (8)   Sources of earned income.

      (A)   The statement must list the name and address of:

        (i)   each employer of the filer, other than the County Government;

        (ii)   each employer of a member of the filer’s immediate family;

        (iii)   each business entity of which the filer or a member of the filer’s immediate family was a sole or partial owner and from which the filer or member of the filer’s immediate family received earned income at any time during the reporting period; and

        (iv)   for an elected official or a non-merit County employee, the source of all fees received from one individual or organization totaling more than $1,000 for services provided by the filer while employed by the County during the reporting period. A filer does not need to include any information with respect to any person for whom services were provided by any firm or association of which the filer was a member, partner, or employee unless the filer was directly involved in providing those services.

      (B)   The filer need not disclose a minor child’s employment or business ownership if the agency with which the filer is affiliated does not regulate, exercise authority over, or contract with the place of employment or business entity of the minor child.

      (C)   Unless the source of a fee greater than $1,000 is a restricted donor, a filer subject to subparagraph (A)(iv) does not need to disclose the identity of a source of a fee for services if the source and the filer have a confidential relationship which creates a privilege against testifying under State law. The filer must identify a restricted donor source who has a confidential relationship with the filer confidentially as prescribed by the Commission.

    (9)   Income for lobbying activity. The statement must list the name and address of any entity that has hired the filer’s spouse to lobby under this Chapter.

    (10)   The statement may also include any additional interest or information that the filer wishes to disclose.

    (11)   Relationship with University of Maryland Medical System, state or local government, or quasi-governmental entities.

      (A)   A filer must disclose any financial or contractual relationship with:

        (i)   the University of Maryland Medical System;

        (ii)   a governmental entity of the State of Maryland or of a local government in the State of Maryland; or

        (iii)   a quasi-governmental entity.

      (B)   For each financial or contractual relationship reported, the schedule must include:

        (i)   a description of the relationship;

        (ii)   the subject matter of the relationship; and

        (iii)   the consideration.

      (C)   A public employee, other than an elected official or candidate for elective office, is not required to disclose employment as a public official under this paragraph.

      (D)   Prior to the release of a statement, the Commission must redact any information concerning consideration disclosed under this paragraph.

  (b)   For the purposes of subsections (a)(1) and (a)(2), the following interests must be treated as the interests of the filer of the statement:

    (1)   an interest held by a member of the filer’s immediate family;

    (2)   an interest held by a relative of the filer, if the filer, at any time during the reporting period, directly or indirectly controlled the interest;

    (3)   an interest held by a trust or estate in which, at any time during the reporting period:

      (A)   the filer held a reversionary interest or was a beneficiary; or

      (B)   if a revocable trust, the filer was a settlor; or

    (4)   An interest held, at any time during the reporting period, by:

      (A)   a business entity in which the filer held a 10% or greater interest;

      (B)   a business entity under subparagraph (A) of this subsection in which the business entity held a 25% or greater interest;

      (C)   a business entity under subparagraph (B) of this subsection in which the business entity held a 50% or greater interest; and

      (D)   a business entity in which the filer directly or indirectly, through an interest in one or a combination of other business entities, holds a 10% or greater interest.

  (c)   Each statement filed under Sections 19A-17(b) and 19A-17(c) must disclose all information required to be disclosed under subsection (a). However, the filer need not specify the nature or amount of consideration given in exchange for an interest or the fair market value of an interest. For a debt, the filer need only disclose the information required under subsection (a)(6)(A).

  (d)   For each disclosure of the name of a business in a statement filed under this Article, the filer must also disclose any other names that the business is trading as or doing business as.

**Sec. 19A-20. Reserved.**

### Article V. Lobbying Disclosure.

**Sec. 19A-21. Who must register as a lobbyist; exceptions.**

  (a)   Any individual or organization must register as a lobbyist under this Article if, during a year, that individual or organization:

    (1)   communicates with a public employee to influence legislative action by a County agency, and for that purpose either:

      (A)   spends more than $500, or

      (B)   receives compensation, including a pro-rated part of a salary or fee for services, totaling more than $500; or

    (2)   communicates with a public employee to influence executive or administrative action by a County agency, and for that purpose spends a total of more than $500 for:

      (A)   meals and beverages;

      (B)   transportation;

      (C)   lodging;

      (D)   provision of any service;

      (E)   one or more special events; and

      (F)   one or more gifts.

  (b)   In this Article, legislative action does not include any matter covered by subsection 19A- 15(b).

  (c)   This Article does not apply to:

    (1)   drafting bills or advising clients about proposed or pending legislation without any other attempt to influence the legislative process;

    (2)   communicating with a County agency when requested by the agency, without engaging in any other activity to influence legislative, administrative, or executive action on the subject of the communication;

    (3)   communicating with a County agency as an official act of an official or employee of the state, a political subdivision of the state, or the United States, and not on behalf of any other person or business;

    (4)   actions of a publisher or working journalist in the ordinary course of disseminating news or making editorial comment to the general public, without engaging in other lobbying that would directly and specifically benefit the economic interests of a specific person or business;

    (5)   appearing before a County agency at the request of a lobbyist if the witness:

      (A)   takes no other action to influence legislative, administrative, or executive action; and

      (B)   identifies himself or herself as testifying at the request of the lobbyist;

    (6)   communicating on behalf of a religious organization for the sole purpose of protecting the right of its members to practice the doctrine of the organization;

    (7)   communicating as an official duty of an officer, director, member, or employee of an organization engaged exclusively in lobbying for counties or municipalities, and not on behalf of any other person or business;

    (8)   an action of any person representing an organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code if:

      (A)   the action promotes the exempt purposes of the organization; and

      (B)   the organization gave gifts totaling less than $500 to public employees in a year; and

      (C)   the representative is paid or spends less than $1,000 in a year to influence executive, administrative, and legislative action.

  (d)   An individual or organization is exempt from the reporting requirements of this Article if the individual or organization:

    (1)   compensates one or more lobbyists;

    (2)   reasonably believes that each lobbyist will timely register and report all expenditures required to be reported; and

    (3)   engages in no other lobbying.

  If a lobbyist fails to report timely any information required under this Article, the lobbyist's employer is immediately subject to the reporting requirements of this Article.

**Sec. 19A-22. Certification of authority.**

  (a)   Certification.  Each lobbyist required to register under this Article must certify under oath or affirmation that the lobbyist is authorized to lobby for the individual or organization who hired the lobbyist.

  (b)   Contents of certification.  The written certification must include:

    (1)   the full legal name and business address of the individual or organization;

    (2)   for an individual, the full name and contact information for the individual;

    (3)   for an organization, the name, contact information, and official title of the representative of the organization who authorized the hiring of the lobbyist;

    (4)   the full legal name and business address of the regulated lobbyist;

    (5)   the period during which the regulated lobbyist is authorized to act; and

    (6)   the proposal or subject on which the regulated lobbyist represents the individual or organization.

  Section 19A-22(b) and Chapter 19A are cited in 120 West Fayette Street, LLLP v. Mayor and City Council of Baltimore, 426 Md. 14, 43 A.3d 355 (2012).

**Sec. 19A-23. How and when to register as a lobbyist.**

  (a)   Every person required to register with the Commission under Section 19A-21 must disclose the following information on a form provided by the Commission:

    (1)   the lobbyist’s name and permanent address;

    (2)   the name and permanent address of any person who will lobby on behalf of the lobbyist;

    (3)   the name, address, and nature of business of any person who compensates the lobbyist; and

    (4)   the identification, by formal designation if known, of each matter on which the lobbyist expects to lobby or employs someone to lobby.

  (b)   This form must be filed not later than 5 days after an individual or organization first meets the requirements for registration under this Article.

  (c)   A lobbyist must register separately for each employer.

  (d)   Each lobbyist may file a notice of termination within 30 days after:

    (1)   stopping any lobbying activity; and

    (2)   filing the reports required under this Article.

  (e)   The Commission may charge each lobbyist a reasonable annual registration fee in an amount set by an Executive regulation adopted under method (2).  The revenue to be raised by the fee must not exceed the cost of administering this Article.

**Sec. 19A-24. Compensation must not be contingent.**

  A person must not pay another person compensation that depends on or varies with the success or defeat of any legislative, administrative, or executive action by a County agency.

**Sec. 19A-25. Reports by lobbyist to the Commission.**

  (a)   Each registered lobbyist must file with the Commission, under oath:

    (1)   a report covering the period from January 1 through June 30, filed by July 31; and

    (2)   a report covering the period from July 1 through December 31, filed by January 31.

  (b)   If the lobbyist is not an individual, an authorized officer or agent of the lobbyist must sign the form. Each lobbyist must file a separate report for each individual or organization that compensates the lobbyist.

  (c)   Each report must include:

    (1)   a complete and current statement of the information required under Section 19A- 23;

    (2)   total expenditures on lobbying in each of the following categories:

      (A)   office expenses;

      (B)   professional and technical research and assistance;

      (C)   publications that expressly encourage persons to communicate with public employees;

      (D)   names of witnesses and the fees and expenses paid to each;

      (E)   meals and beverages for public employees or their immediate families;

      (F)   special events, including parties, dinners, athletic events, entertainment, and other functions, to which all members of the Council or the governing body of an agency are invited;

      (G)   expenses for food, lodging, and scheduled entertainment of public employees given in return for participation in a panel or speaking engagement at a meeting;

      (H)   other gifts to or for public employees or their immediate families; and

      (I)   other expenses;

    (3)   total compensation paid to the lobbyist. If lobbying is only part of the person's employment, compensation means a prorated amount based on the time spent on lobbying compared to the time spent on other employment activities. A prorated amount must be labeled as such; and

    (4)   the name of each public employee or relative who receives, directly or indirectly, a gift given by a lobbyist or any person acting on behalf of a lobbyist,  if the gifts have a total value of at least $50 during the year. The lobbyist must list each gift by the date given, the beneficiary, the amount or value, and the nature of the gift.

  (d)   Expenses reported in subparagraphs (c)(2)(F) and (G) need not be allocated to individual public employees. However, the lobbyist must specify the date, location, total expenses incurred, and the names of the employees who attended each event.

  (e)   The Commission may require any lobbyist to submit additional reports or information to fulfill the purposes of this Chapter.

**Sec. 19A-26. Public inspection of lobbyist registration documents.**

  (a)   The Commission must maintain all required documents under this Article and make them available to the public for inspection and copying. The Commission may establish procedures and charge reasonable fees.

  (b)   By September 30 and March 31 each year, the Commission must compute and make available to the public:

    (1)   a subtotal under each category in paragraph 19A-25(c)(2) for each lobbyist;

    (2)   a subtotal representing the combined total of subparagraphs 19A-25(c)(2)(E), (F), and (G), for each lobbyist; and

    (3)   the total amount reported by each lobbyist for lobbying activities during the year.

  (c)   If any report filed with the Commission contains the name of a public employee or relative as required under paragraph 19A-25(c)(4), the Commission must notify the public employee within 30 days after the report is filed.

  (d)   After being notified that a public employee's or relative's name appears in a report, the public employee may, within 30 days after receiving the Commission's notice, file a written exception to the inclusion of the name. The Commission must include the exception in its files.

### Article VI. Enforcement.

**Sec. 19A-27. Injunctive or other relief; cease and desist orders; voiding official actions.**

  (a)   The Commission may ask special counsel appointed under Section 19A-5(f)(4) or the County Attorney to, or the County Attorney may on his or her own initiative, seek injunctive or other appropriate relief to require compliance with this Chapter or Sections 2-109, 11B-51 or 11B-52(a) in a court of competent jurisdiction.

  (b)   The court may:

    (1)   order a person to stop violating this Chapter or Sections 2-109, 11B-51 or 11B-52(a); or

    (2)   void an official action if:

      (A)   the action arises from or involves the subject matter of a conflict of interest for which no waiver was granted;

      (B)   the outcome of the official action was substantially affected by the conflict of interest; and

      (C)   legal action is filed within 90 days after the official action.

  (c)   The court, after hearing and considering all the circumstances, may grant all or part of the relief sought. However, an official action is not voidable if that action:

    (1)   appropriates funds;

    (2)   levies a tax; or

    (3)   provides for the issuance of bonds, notes, or other evidence of public obligation.

  (d)   Except as expressly provided otherwise, any remedy specified in this Article may be invoked regardless of whether the Commission has found, after holding a hearing under Section 19A-10(c), that a public employee violated this Chapter.

**Sec. 19A-28. Penalties.**

  (a)   Unless otherwise indicated, any violation of this Chapter or regulations adopted under it, or any violation of an order of the Commission, is a class A violation.

  (b)   The County Executive may authorize Commission staff or another County employee to issue a citation for any violation.

**Sec. 19A-29. Civil recovery.**

  (a)   The County may recover damages, property, and the value of anything received by any person in a transaction that violates:

    (1)   Article III of this Chapter;

    (2)   Article XII of Chapter 11B; or

    (3)   Section 2-109.

  (b)   The County may use a setoff, attachment, garnishment, or any other appropriate legal action or proceeding to recover any amount or property due.

  (c)   A taxpayer of the County may file a legal action under subsection (a) on behalf of the County if:

    (1)   the taxpayer files a written demand with the County Attorney to bring an action under subsection (a); and

    (2)   the County Attorney does not file the action within 60 days after receiving the written demand.

  (d)   The Court may order that a substantially prevailing party to an action under this Section be reimbursed court costs and litigation expenses, including a reasonable attorney fee.

**Sec. 19A-30. Termination or other disciplinary action; suspension of compensation.**

  If the Commission finds after holding a hearing under Section 19A-10(c) that a public employee has violated this Chapter, the appointing authority may:

  (a)   terminate employment or take other disciplinary action; and

  (b)   suspend payment of salary or other compensation until the employee complies with an order of the Commission.

**Sec. 19A-31. Retaining papers and documents.**

  (a)   Any person who is subject to this Chapter must obtain and preserve all documents that are necessary to complete and substantiate any reports, statements, or records required under this Chapter. These documents must be retained for 3 years after the report, statement, or record that involves the documents is filed. These documents must also be available for inspection by the Commission after reasonable notice.

  (b)   The Commission must retain for 4 years all documents submitted to it.

**Sec. 19A-32. Removal for failure to file financial disclosure statement.**

  (a)   If a public employee does not file a complete financial disclosure statement when required to under Section 19A-18, the Chief Administrative Officer (for employees in the Executive Branch) or the Executive Director of the Office of the County Council (for employees in the Legislative Branch) may remove the employee from employment with a County agency or from membership on a board, commission or similar body, paid or unpaid. Before an employee is removed for failing to file a financial disclosure statement, the County Attorney must give the employee 30 days notice of the proposed removal. The Chief Administrative Officer and the Executive Director of the Office of the County Council must not remove an employee if the employee files the required financial disclosure statement within the time specified in the notice. This section does not apply to an elected public employee.

  (b)   In addition to any action taken under subsection (a), the Commission may impose a fine of $2 per day, up to a maximum of $250, against any person who does not file a complete financial disclosure statement on or before the date it is due.  Within 30 days after a fine is imposed under this subsection, the person against whom the fine is assessed may file a written request with the Commission to reduce or waive the fine for good cause.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 20. Finance.

### Article I. In General.

**Sec. 20-1. Authorization of special capital improvement projects by law.**

  (a)   Purpose.  The purpose of charter section 302 is to afford citizens an easier opportunity than previously existed to petition especially important capital improvement projects to referendum while assuring that public consideration may be fully informed, and also without unnecessarily disrupting the orderly planning, design and construction which is the objective of capital improvements programming.

  (b)   Definition.

    1.   A "special capital improvement project" as used in this section shall include the costs relating to the detailed architectural and engineering design, construction, reconstruction or equipment of the following types of capital projects:

      a.   Major facilities estimated to cost at least four million dollars ($4,000,000.00) in county funds, exclusive of interest on county bonds; provided, however, that the county executive shall, by annual executive order, adopted no later than October 15, revise the four-million-dollar cost criterion to reflect the annual change in the latest published composite construction cost index established by the United States department of commerce or its successor as publisher. County funds for the purpose of this section include the proceeds of county bonds or notes and unappropriated surplus and current county revenues, exclusive of contributions, gifts or grants from federal or state governments or any other sources.

      b.   Facilities, other than major facilities described above, which the council determines to possess unusual characteristics or to be of sufficient public importance to warrant designation as special capital improvements projects.

    2.   All buildings, roads, utilities, parks and related improvements which are proposed for development on a single, unified site and which are identifiable as separate facilities shall be considered for designation as special capital improvement projects.  Site acquisition costs shall be included as a part of the total cost of a special capital improvement project; however, the cost of site acquisition itself shall not be subject to the requirements of this section.  Preliminary planning costs relating to capital projects shall not be included in determining the total cost of a special capital improvement project.  Unless explicitly required by law, special capital improvement projects do not include the capital projects of the Revenue Authority or any agency created by state law or authorized by interstate compact, including, Montgomery College, Board of Education for Montgomery County, Maryland-National Capital Park and Planning Commission, Washington Suburban Sanitary Commission, the housing opportunities commission of Montgomery County, Washington Suburban Transit Commission, and the Washington Metropolitan Area Transit Authority.

  (c)   Procedure.

    1.   The county executive shall be responsible for submitting to the county council, at the time the capital improvement program or amendments thereto are submitted, proposed legislation for each project which falls within the category of a special capital improvement as defined in this section and for which it is proposed to appropriate funds for purposes other than preliminary planning or site acquisition costs, unless the project has been previously authorized as a special capital improvement project.

    2.   Until such time as an appropriation is made for the detailed architectural and engineering design of a capital improvement project, other than a major facility as described in subsection 20-1(b)1.a., any council member may introduce legislation to authorize such capital improvement project as a special capital improvement project.

    3.   Any authorization enacted under this section is valid for 5 years after the authorization becomes law, except that an authorization for a project funded substantially by revenue bonds is valid until modified or revoked by law.  The Council may reauthorize a project before or after an existing authorization expires.  An authorized project need not be reauthorized if a contract for construction of the project is executed before the authorization expires.

    4.   If a project is approved by the affirmative vote of 6 Councilmembers, and the Council declares that the project is of an emergency nature and its immediate approval is necessary to protect the public health or safety, the project is not subject to the authorization requirement in this section.

    5.   No special capital improvement project shall receive an appropriation unless a law authorizing the project has been enacted by the county council.  The resolution adopting any such appropriation shall contain an explicit requirement that no funds shall be expended under the appropriation until the authorization law has become effective.

    6.   Any project not previously considered a special capital improvement project and which has received an appropriation must be authorized pursuant to this section before any construction contract is executed if the estimated cost of the total project is revised to exceed the four million dollars ($4,000,000.00) cost criterion or any subsequent revision thereto exclusive of preliminary planning costs, after completion of either the design or architectural and engineering stages of the project.  Unless a project is previously authorized pursuant to this section, the county executive or the county council may not transfer funds to or authorize a supplemental appropriation for such a project prior to the award of a construction contract if the cost of the total project exceeds the four million dollars ($4,000,000.00) cost criterion or any subsequent revision thereto exclusive of preliminary planning costs when the cost reflected by such transfer or appropriation is included in the total estimated cost.

  (d)   Application. The provisions of this section 20-1 shall not apply to a capital project which has met the cost criterion requirements of subsection 20-1(b)1.a. and has received an initial appropriation prior to the effective date of this section, provided that any change in the scope of such a project, the cost of which change exceeds the cost criterion requirement set forth in subsection 20-1(b)1.a., shall be subject to the provisions of this section.

**Sec. 20-2.  Settlement of claims by County Attorney; annual reports required.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated.

  Civil Rights claim means an assertion by a claimant that the County or County employee injured the claimant by a violation of federal, state, or local civil rights statute.

  Parties means a person who settles a claim or a person who allegedly committed the misconduct.

  Self-Insurance Fund means insurance coverage, including a legal defense, provided to the County and its officials, employees, and agents under Section 20-37.

  Self-Insurance Fund Lawsuit means a claim or legal proceeding that is covered under the Self Insurance Fund that alleges a violation of:

    (1)   federal or state constitutional rights;

    (2)   civil rights claims; or

    (3)   common law tort claims.

  (b)   On behalf of the County, the County Attorney is authorized to settle all claims by or against the County and all court cases to which the County is a party where the amount of the claim or the amount involved in the suit is:

    (1)   not more than thirty thousand dollars ($30,000.00); or

    (2)   the maximum jurisdictional amount set for civil cases in District Court of Maryland under State law, whichever is greater; and

    (3)   when in the County Attorney’s judgment it is proper and advisable to do so.

  (c)   The County Attorney is further authorized to settle, with the approval of the County Executive, all other claims by or against the County and all other court cases to which the County is a party, when in the County Attorney’s judgment and that of the County Executive it is advisable and proper to do so.  In court cases in which the members of the County Council are parties in their capacity as such, the County Attorney is hereby authorized to settle the cases on their behalf upon the approval of the Council, except in cases where each Councilmember may be personally liable or responsible, in which cases settlement must be made only on behalf of each Councilmember approving such settlement.

  (d)   The authority granted by this section must apply to all future and past settlements.

  (e)   Annual Report. By October 1 of each year, the County Attorney must submit to the County Executive and the County Council, and must publish on the County website, a written report that summarizes the settlement of each Self-Insurance Fund Lawsuit during the prior fiscal year.

  (f)   Contents of the report. For each settlement, the report must identify:

    (1)   the claimant or claimants;

    (2)   the dollar amount, or other consideration, under the settlement;

    (3)   the nature of the claim;

    (4)   the County departments or offices involved in the claim;

    (5)   demographic information voluntarily provided by the parties; and

    (6)   the applicable legal authority or reason if any information relating to the settlement is excluded because disclosure may be in violation of federal or state law.

  (g)   Non-disclosure clause in settlement agreements – prohibited.  The County must not agree to a non-disclosure in a settlement agreement that would prevent public disclosure of the settlement agreement. This subsection does not apply to information that is prohibited from disclosure under federal or state law.

  (h)   Collection of Demographic Information. The County Attorney must, at the conclusion of a settlement agreement, provide a demographic sheet for parties to voluntarily disclose demographic information. The demographic sheet must, at a minimum, collect the following data:

    (1)   race;

    (2)   ethnicity;

    (3)   gender identity;

    (4)   age;

    (5)   sexual orientation;

    (6)   religion; and

    (7)   any other demographic information voluntarily provided by the parties.

  (i)   Opt-out. A party of a settlement agreement may choose to opt out and decline providing demographic information by signing an attestation statement provided by the County Attorney.

**Sec. 20-3.  Disbursements from revolving fund of Department of Liquor Control.**

  The County Executive, the Director of Finance, and the Director of the Department of Liquor Control may, by concurrent action, designate one or more employees in the Department of Liquor Control who may disburse money from the revolving fund established under Section 15-207 of Article 2B of the Maryland Code.  The signature of at least 2 persons must be required for any disbursement.

**Sec. 20-4.  Annual inventory.**

  Every official and the head of every department, board or commission of the county shall, during the month of July of each year, furnish the director of finance a detailed list of all property under his custody or control or used by him or his subordinates, owned by the county or any agency thereof, which list shall be in such form as the director of finance shall prescribe and shall be certified as true and correct by the head of each department or official furnishing same.

### Article II. Deposit of Funds.

**Sec. 20-5.  Deposit of county funds generally.**

  (a)   Generally.  The director of finance shall deposit all moneys, checks, drafts and other receipts in such qualified banks or banking institutions in the United States of America to be designated as hereinafter provided.

  (b)   Designation of depositories, etc.  The director of finance shall designate from time to time such banks and banking institutions as are qualified to be county depositories and the extent to which each is qualified to receive county funds.  He shall immediately remove from such designation any bank or banking institution which fails to maintain the security provision hereinafter provided and shall immediately withdraw county funds from such bank or banking institution to the extent necessary to conform to this section; provided, however, that the council shall by resolution establish a policy for determining the proportionate distribution of county funds maintained in qualified depositories, which policy shall be followed by the director of finance within the limitation of the security provision herein contained.

  (c)   Security to be maintained; amount, form, etc.  A bank or banking institution to qualify as a county depository shall furnish in advance of deposit of county funds, security in an amount not less than the amount of county funds to be deposited; and shall at all times maintain such security in an amount not less than the total amount of all county funds on deposit in such depository; provided, that any bank or banking institution which is prohibited by law from pledging any of its assets to secure deposits of public money of a state or subdivision thereof may be designated by the council upon recommendation of the director of finance, as a depository to hold county funds on deposit in an amount not to exceed two hundred fifty thousand dollars ($250,000.00) at any one time. The form of such security shall be in one or a combination of the following:

    (1)   Surety Bond.  A surety bond in a form approved by the county attorney executed by a surety or guarantee company qualified to transact business in the state; the bond to run to the county and to guarantee payment on demand of all sums on deposit, in the event such bank or banking institution fails to make such payment for any reason or cause whatsoever.

    (2)   Federal Deposit Insurance.  Federal deposit insurance as to such amount as is not in excess of the coverage limited to any one (1) depositor.

    (3)   Bonds. Bonds at face value or market value, whichever is less, of the United States Government or bonds or certificates of the state or bonds, notes or certificates of indebtedness of any county or municipality or other subdivision of the state; such bonds to be pledged to the county for the security of county money and to be placed for safekeeping in a safe deposit box in the banking institution, which box shall have a dual key lock and may be opened only by an official of the bank jointly with the director of finance or his duly designated representative; or in the alternative like securities may be placed in some other bank, banking institution or trust company under escrow agreement whereby such securities shall be held for the protection of county money and shall be released only by the joint authority of the depository and the director of finance of the county or his duly designated representative.  The substitution of bonds, notes or other securities of a kind other than those designated in this section shall be permitted only upon the approval by unanimous vote of the council members in office.

    (d)   Procedure where county money exceed amount of security.  If at any time the director of finance shall receive money belonging to the county exceeding the amount of the security furnished by county depositories, and no bank or banking institution shall furnish security or additional security to cover the amount for deposit, the director of finance may deposit such moneys in any bank or banking institution in the United States of America having a combined capital and surplus of not less than one million dollars ($1,000,000.00) without the security required by the preceding paragraph (c); but the director of finance shall within three (3) days after making such deposit without security notify the county executive or his designee.  It shall be the duty of the county executive or his designee to cooperate with the director of finance in locating as promptly as possible a depositor willing and able to provide the security required in the preceding subsections hereof.

  (e)   Funds in trust.  Banks or banking institutions receiving county funds in trust for payment of principal and interest on bonds or other obligations of the county shall not be required to furnish security therefor; nor shall security be required of banks or banking institutions to secure county funds which are deposited for transmittal forthwith to corresponding banks, qualified as county depositories.

  (f)   Agreements as to interest, etc.; disposition of amount accrued.  If any bank or banking institution which is a county depository shall agree to pay interest upon the monthly balance of county deposits or upon a reserve deposit of a fixed amount for a stated period of time, the director of finance is authorized to enter into agreements with such depositories for the payment of interest to the county and such interest, when and if received, shall be treated as general revenue of the county.  At such time as the county shall have on deposit funds not needed for immediate expenditure, the director of finance is authorized to invest such funds until the time they will be needed in such securities as are now or may hereafter be authorized by applicable public general and local laws, or in such other securities as may be authorized by resolution of the county council.  Such authority shall extend to the investment of proceeds of the county bonds or other obligations, to trust funds and to other special as well as general funds of the county.  All   such securities shall be placed in safekeeping with one of the designated depositories of the county or shall be kept in a safe deposit box in any bank or banking institution of the county, leased for the exclusive use of the county, and to be opened by the director of finance jointly with some other county official to be designated by the county executive.

  (g)   Segregation of funds.  The director of finance shall not be required to segregate money for various appropriations or various funds in separate bank accounts, but shall keep account of such segregation in the regular financial records of the county.

**Sec. 20-6.  Amount of deposits; proportionate distribution.**

  (a)   There shall be maintained in each of the designated depositories a minimum balance of ten thousand dollars ($10,000.00).  There shall also be maintained such balances deemed necessary by the director of finance for the efficient operation of the county, for which, the director of finance with the approval of the county executive may provide minimum balances between ten thousand dollars ($10,000.00) and three hundred thousand dollars ($300,000.00) for banks in such cases as the amount or nature of the services rendered make it necessary or advisable, and provided there are sufficient county funds to maintain this minimum.  After these provisions, any remaining balances shall be distributed in proportion to the deposits of the respective banks or branch offices of banks located in the county; except, that for any bank or branch offices of banks with deposits exceeding fifty million dollars ($50,000,000.00) the figure fifty million dollars ($50,000,000.00) shall be used for the purpose of this distribution; provided, that no depository shall receive more than five hundred thousand dollars ($500,000.00) under this provision; provided further, that it shall not be necessary to redistribute funds for the purpose of maintaining proportionate distribution more than once quarterly.

  (b)   Except as may be required by the limitations of security provisions and temporarily for purposes of immediate deposit of large sums or for the liquidation of county debt, not more than five hundred thousand dollars ($500,000.00) shall be deposited outside of the county when the total county deposits are three million five hundred thousand dollars ($3,500,000.00) or less.  When county deposits exceed this sum, any portion of the amount in excess of three million dollars ($3,000,000.00) may be deposited in Washington, New York or Baltimore.

  (c)   When a depository has made a loan to the county, it will be permitted to keep the funds loaned on deposit to the credit of the county until such funds are expended for the purpose borrowed; provided, that the sum is not in excess of the security furnished by the depository.  This is an exception to the general proportionate distribution policy.

  (d)   When a depository has furnished additional collateral to accept the proceeds of a bond

issue or other large deposit, the funds should not be immediately withdrawn merely for the purpose of proportioning deposit.  The depository should be allowed to retain such funds not required to be immediately disbursed for a period of ninety (90) days before any apportionment is made.

  (e)   Regardless of the provisions of subsection (a) of this section, it shall not be necessary to place more than one-fourth of all county funds deposited locally in a single bank.

**Sec. 20-7.  Sale of securities upon failure of bank; issuance of certificates of indebtedness.**

  In any case where a bank or banking institution has failed or shall hereafter fail having funds of the county on deposit, the council shall have power to sell at such price and at such time as it deems for the best interests of the county, any bonds or other securities pledged as security for such deposit.  The council is further authorized and empowered to issue at one time or from time to time negotiable certificates of indebtedness of the county in an amount not exceeding the amount of county funds on deposit with such failed bank or banking institution not theretofore repaid to the county.  Such certificates of indebtedness shall mature not more than five (5) years from their date and may be renewed from time to time, and new certificates of indebtedness may be issued from time to time for the payment of any such certificates of indebtedness, but all such certificates of indebtedness shall mature within the time herein limited for the maturity of the original certificates of indebtedness.  Such certificates of indebtedness shall bear interest at a rate not exceeding six (6) percent per annum, payable annually or at shorter intervals, and shall be sold in such manner as the council shall determine; the council shall by resolution fix the form of such certificates of indebtedness, the officers by whom they shall be executed, the medium of payment and the place in the state or any other state at which principal and interest shall be payable.  All money received from the sale or other disposition of the bonds or other securities held as security for such deposit or received on account of any indemnity bond given to secure such deposit shall be kept in a separate fund and applied solely to the payment of the principal and interest of such certificates of indebtedness and renewals thereof.  In each or any year after the issuance of such certificates of indebtedness the council may, if it shall deem it to be in the best interest of the county, include in the annual tax levy an amount sufficient to provide for the payment of the interest thereon as the same shall fall due and any or all of the principal thereof.  If prior to the adoption of the appropriation resolution for the fiscal year during which the certificates shall become due and not renewable under the provisions of this article a sufficient amount has not been realized from the sale of securities or other sources to meet the principal and interest of such certificates of indebtedness remaining unpaid, there shall be included for this purpose in the annual tax levy an amount equal to the principal and interest of such certificates remaining unpaid reduced by the amount of money already on hand for such purpose.

### Article III. Borrowing of Money Generally.

**Sec. 20-8.  Temporary borrowing-Generally.**

  At any time after the issuance of bonds has been authorized by a local law enacted by the council in legislative session and it is the purpose and intent of the council to issue and sell bonds as indicated by a resolution of the council, the council may borrow money for the purpose for which the bonds are authorized to be issued in anticipation of the receipt of the proceeds of the sale of the bonds and within the maximum authorized amount of the bond issue; the council may retire all or any part of such loans through current revenues or other funds, in which event the bond issue, when and if the same are sold, shall be reduced by the amount of such loans retired.  Negotiable notes or certificates of indebtedness shall be issued for all such loans and the council shall be resolution provide for the form and maturity, not exceeding five (5) years, the execution and the rate of interest  thereon, not exceeding six (6) percent per annum; may sell the same, with or without advertisement, in any manner it deems to be in the best interest of the county; and shall have the right to reissue or renew the same provided all of the notes or certificates of indebtedness shall mature within the time herein provided.

**Sec. 20-9.  Same-Levy of tax for payment.**

  All of the notes issued under the provisions of the preceding section shall be the direct and general obligations of the county and as to all of them in the event sufficient funds are not received from the anticipated sources the council is hereby directed to levy a tax at the next period for levying county taxes at a rate sufficient to provide for the payment of the principal and interest for all of the outstanding notes or certificates of indebtedness.

**Sec. 20-10.  Same-For current obligations.**

  (a)   The council is hereby authorized and empowered to borrow upon its faith and credit such sum at any time, or from time to time, as the council may in its discretion determine, subject to the limitations hereinafter set forth, to be necessary to provide funds for the payment of the current obligations of the county, in anticipation of the collection of taxes or other current revenues, and to issue and sell notes therefor.  The council is authorized and empowered to provide by resolution for the issuance of notes to bear interest at a rate not exceeding six (6) percent per annum, payable at the time of the issuance of the notes or thereafter, and the council is further authorized and empowered to provide by resolution for the issuance of renewal notes with like limitations as to interest, when the council shall deem it necessary to so provide for the payment of any such notes or renewal notes theretofore issued; provided, that all such renewal notes shall mature within the time hereinafter limited for the ultimate maturity of the notes, in renewal of which renewal notes are issued, except as hereinafter provided.  Such notes shall mature not later than ninety (90) days after the expiration of the fiscal year in which the same are issued and shall not thereafter be renewable or payable by the issuance of renewal notes; except, that any such renewal notes, authorized by this section and sections 20-11 and 20-12 and issued within three (3) months prior to the expiration of any one (1) fiscal year, for the purpose of providing for the payment of notes authorized by this section and sections 20-11 and 20-12 and issued during the fiscal year, may mature at any time during the fiscal year next succeeding the fiscal year in which the original notes were issued.  Before the passage of any resolution authorizing the issuance of the notes the director of finance shall submit to council a statement showing:

    (1)   The amount of uncollected taxes for the current fiscal year, if theretofore levied, but otherwise the amount of the tax levy for the preceding fiscal year, regardless of what part thereof shall have been collected;

    (2)   The estimated amount of uncollected revenue for the current fiscal year, excepting taxes;

    (3)   The face value of all notes issued pursuant to the authority contained in this section during the current fiscal year and which by their terms are payable within one (1) year and three (3) months from the date of their respective issuances, as herein provided.

  (b)   The substance of such statement by the director of finance shall be recited in the resolution, and it shall be further recited that the face value of the notes so authorized by the resolution, together with the amount of item (3) above, do not exceed in the aggregate seventy-five (75) percent of the total of items (1) and (2) above, and no funds shall be borrowed in anticipation of taxes and no notes issued therefor by the council if the face value of such notes, together with the amount of item (3) above shall exceed seventy-five (75) percent of the total of items (1) and (2) above.

  (c)   Such notes and renewal notes may be sold by the council at such time at public or private sale, and in such form and upon such terms as the council may determine to be for the best interest of the county; provided, that all of the limitations hereinbefore or hereinafter set forth shall be complied with; and, provided further, that such notes or renewal notes shall not be sold at less than par value, except upon a vote of a majority of the members of the council, and; provided further, that all such notes or renewal notes shall recite upon their face that they are issued pursuant to the authority and in compliance with all of the conditions and limitations contained in this section and sections 20-11 and 20-12.  The proceeds of the sale of renewal notes shall be applied solely to the payment of the note for the retirement of which renewal notes are issued.

  (d)   Notes and renewal notes shall be and remain the obligations of the county issued upon its full faith and credit, and the entire property subject to taxation in the county shall be liable for the payment thereof and the council shall levy a tax upon all property subject to assessment by it sufficient to provide funds for the payment of the principal and interest of the notes or renewal notes as they respectively mature in each and every year that such notes or renewal notes are outstanding; provided, that the amount of the tax so levied may be reduced in any one (1) year by the amount of collected or uncollected tax revenue, which the council shall appropriate for the purpose of paying such notes as they respectively mature, and the interest thereon.

**Sec. 20-11.  Same-New or renewal notes, etc.**

  (a)   The council is hereby authorized and empowered from time to time to borrow money upon the faith and credit of the county and to issue and sell negotiable notes therefor in an amount not to exceed three hundred thousand dollars ($300,000.00) in any one (1) fiscal year and to be known as "Montgomery County certificates of indebtedness."  Such notes shall be in such denominations and shall bear such rates of interest, not exceeding six (6) per centum per annum, payable at the time of the issuance of such notes or thereafter, as may be determined by the council to be for the best interests of the county.  Subject to the limitations hereinafter set forth, such notes may be issued at one time or from time to time and in such form, and may be sold in such manner, either at public or private sale, as the council of the county may by resolution determine.  Such notes shall mature within not more than five (5) years from their respective dates, and such notes may be renewed from time to time, and new notes may be issued at such times, in payment thereof; provided, that all such notes and renewals thereof shall mature within five (5) years from the date of the issuance of such original notes; and, provided further, that the proceeds of the sale of such new or renewal notes shall be applied solely to the payment of the notes for the retirement of which such new or renewal notes are issued.  Prior to the issuance of the notes the council shall pass a resolution reciting that, in the opinion of the council, it is deemed necessary to expend certain specific sums for certain functions of the county government for which no appropriation or an insufficient appropriation has been made in the annual appropriation resolution and that an emergency appropriation is necessary to provide for the functions, and the resolution may authorize the issuance and sale of the notes provided for herein to provide funds to meet the emergency appropriation; provided, that the amount of the notes authorized to be issued and sold in such resolution shall not exceed the amount of the emergency appropriation authorized therein.

  (b)   Notes and new or renewal notes shall be and remain the obligations of the county issued upon its full faith and credit, and the entire property subject to taxation in the county shall be liable for the payment thereof, and the council shall levy a tax upon all property subject to assessment in the county sufficient to provide funds for the payment of the principal and interest of all such notes whenever issued, as they respectively mature, in each and every year that any of such notes are outstanding.  If any of such notes issued in any one (1) fiscal year, or if any such new notes issued in renewal thereof shall not have been paid within four (4) years from the date of the original notes issued in such one (1) fiscal year, the council shall include in the next annual tax levy thereafter a tax in an amount sufficient to provide for the payment of all of such notes so issued in such one (1) fiscal year or the renewals thereof to the end that such notes or any renewals thereof shall mature and be paid within not more than five (5) years from the date of the original notes as hereinbefore provided.

**Sec. 20-12.  Notes exempt from taxation.**

  Any and all of the notes issued pursuant to the provisions of sections 20-8, 20-10 and 20-11 and the interest thereon shall be and remain exempt from state, county and municipal taxes of every kind whatsoever in the state.

**Sec. 20-13.  Employment of agents or brokers.**

  The county executive shall be authorized and empowered to employ, whenever he deems such employment for the best interests of the county, an agent or broker to assist in negotiating or selling any bonds, certificates of indebtedness or notes of the county and to pay for the services of such agent or broker out of the proceeds of sale or out of any other available funds of the county; provided, that the amount so paid in connection with the sale of the bonds shall not exceed one-half of one (0.5) percent of the face amount thereof, and in connection with the sale of certificates of indebtedness and notes, shall not exceed one-half of one (0.5) percent of the face amount thereof.

**Sec. 20-13A.  Montgomery County commercial paper.**

  (a)   The county may for any public purpose borrow money and may issue in evidence thereof negotiable, unsecured, promissory notes in the form of commercial paper.  Such notes shall be hereinafter referred to as "Montgomery County commercial paper."  No commercial paper issued under the authority of this section shall have a maturity of more than one (1) year.  Commercial paper may not be issued unless authorized by resolution of the county council.  A separate resolution is not required for each issuance of commercial paper, provided the total amount of outstanding commercial paper does not exceed the amount previously authorized by resolution.  The authority to issue commercial paper shall be exercised, from time to time, in the manner established by this section.

  (b)   The resolution authorized by subsection (a) of this section shall delegate to the county executive the power to enter into all agreements which may be necessary to secure and market the commercial paper authorized by this section.  The provisions of chapter 11B of the Montgomery County Code as amended, shall be applicable to the selection of a dealer and shall be inapplicable to the issuance, securing or marketing of such paper.  Such resolution shall also delegate to the county executive the authority to fix, by order, the terms, maturity, interest rates, method of issuance and sale and other conditions applicable to the commercial paper hereby authorized or the method by which such matters are to be fixed and determined.

  (c)   The commercial paper issued pursuant to the authority contained in his section shall be issued upon the full faith and credit of the county.  The entire property subject to assessment and taxation within the county shall be liable for the payment of the principal of and interest on the commercial paper issued pursuant to the authority contained in this section.  The council shall levy a tax upon all such property in rate and amount sufficient to provide funds for the payment of such principal and interest of the commercial paper at maturity.

  (d)   If the proceeds of any Montgomery County commercial paper are used to finance, in whole or in part, public facilities as that term is defined in this chapter 20, such Montgomery County commercial paper may be redeemed from proceeds resulting from the issuance of general obligation bonds of Montgomery County, and the full faith and credit and unlimited taxing power of Montgomery County shall be pledged for the payment of such bonds.  The general obligation bonds authorized by this section shall be issued in accordance with section 20-14 to section 20-21, inclusive, of this chapter or pursuant to law duly enacted by the council.

  (e)   The commercial paper issued pursuant to the authority contained in this section, and the interest thereon, shall be and remain exempt from state, county and municipal taxes of every kind whatsoever in this state.

  (f)   The authority contained in this section shall be in addition and supplementary to any other authority vested in the county to borrow money, and no statutory requirements of advertisement or public sale which are applicable to the issuance and sale of other public debt by the county shall be applicable to the issuance and sale of the Montgomery County commercial paper hereby authorized.

  (g)   The total amount of Montgomery County commercial paper issued and outstanding under the provisions of this section shall never at any one time exceed fifty million dollars ($50,000,000.00).

### Article IV. Financing Public Facilities Generally.

**Sec.  20-14.  Definition of “public facility.”**

  As used in this Chapter, public facility means:

  (a)   The construction, reconstruction, improvement, extension, alteration, repair, purchase, conversion, and modernization of any public school building or building used for public school purposes, including the site therefor, the cost of acquiring any such building or site, any architectural and engineering services, including preparation of any plan, drawing, or  specification for such school or the conversion or modernization thereof and the development of the grounds, and all customary permanent appurtenances and recreational and pedagogical equipment for such school;

  (b)   The construction, improvement, repair, opening, relocation, grading, resurfacing, widening, extension and drainage of all public roads, streets, highways and sidewalks in the county now or hereafter maintained and operated by or under the jurisdiction of the county, including the acquisition of necessary rights-of-way, the acquisition of equipment for highway construction, maintenance and repair and planning and engineering services; the planning, design, construction and reconstruction of free bridges constituting parts of such roads, streets or highways; the planning, construction, repair and permanent improvement of any storm water drainage systems necessary in the county;

  (c)   The construction, reconstruction, extension, acquisition, improvement, enlargement, alteration, repair and modernization of any building or structure that is or will be owned by the County or any building or structure used to house any function of County government, especially any health clinic, rescue squad, fire engine house or police station, airport or landing field, park or recreational facility, or any combination of the foregoing, including the acquisition and development of any site, any architectural and engineering services, and the acquisition and installation of any necessary furnishing, fire fighting and rescue squad equipment, and fixed permanent equipment;

  (d)   The construction, reconstruction, improvement, extension, enlargement, alteration, conversion, modernization, repair, relocation, grading, resurfacing, widening, draining, and acquisition (including the preparation of plans, architectural and engineering services) of transit facilities which are defined to be all those matters and things utilized in rendering mass transit service by means of rail, bus, water or air and any other mode of travel, including without limitation, tracks, rights-of-way, bridges, tunnels, subways, rolling stock for rail, motor vehicle, marine and air transportation, stations, terminals and ports, areas for parking and all equipment, fixtures, buildings and structures and services incidental to or required in connection with the performance of mass transit service; and any part of the county’s share of contributions agreed to be made under any contracts or agreements by the Washington Suburban Transit District to the capital required for the construction or acquisition of transit facilities (as defined in this subsection or as may be defined in chapter 870 of the Laws of Maryland of 1965, as the same may be amended from time to time) in the Washington metropolitan area, as provided by chapter 870 of the Laws of Maryland of 1965, as amended from time to time;

  (e)   The construction, reconstruction, improvement, extension, acquisition, enlargement, alteration, repair, modernization, relocation, grading, resurfacing, widening and drainage of off-street parking lots and facilities for the parking of automobiles and other vehicles, within and for the parking lot districts heretofore or hereafter established by law as the same are described in section 60-1 of the Montgomery County Code as amended from time to time, including the acquisition and development of sites therefor, the architectural and engineering services incident thereto and the acquisition and installation of necessary furnishings and fixed permanent equipment therefor;

  (f)   The planning, acquisition, construction, improvement, repair and extension of facilities, including the sites therefor, for public housing or housing for persons of low, moderate or eligible incomes, as defined pursuant to law;

  (g)   The planning, acquisition, construction, improvement, repair, and extension of any water system or facility and sewerage system or facility;

  (h)   The purchase of agricultural easements as defined in Article 3 of Chapter 2B; and

  (i)   The purchase of facade easements necessary to implement a community revitalization project.

**Sec. 20-15.  Borrowing money and issuing bonds-Authority.**

  (a)   For any County borrowing authorized bylaw on the full faith and credit of the County to finance the public facilities defined in Section 20-14, the County must evidence that borrowing or indebtedness by issuing general obligation serial maturity bonds.  Subject to the terms and conditions in this Section, the County Executive must determine the terms and conditions of any such bonds, the interest payable thereon, and the advertising for their sale.

  (b)   General obligation serial maturity bonds may be issued for the purposes enumerated in Section 20-14 at any time, within the limitations provided by law.  Except as provided in subsection (c), bonds must not be used to fund any project that is not a public facility as defined in Section 20-14.

  (c)   General obligation serial maturity bonds may be used to fund a project that is not a public facility as defined in Section 20-14 if the Council finds that:

    (1)   the facility for which the bonds would be used is an integral part of a facility that would qualify for bonds under this Article;

    (2)   the facility is necessary to serve a public purpose; and

    (3)   the recipient of bond funds agrees:

      (A)   not to sell, lease, exchange, give away, or otherwise transfer or dispose of any interest in the property that was acquired, constructed, extended, improved, enlarged, altered, repaired, or modernized with bond funds without County approval for 20 years; and

      (B)   if the County permits the transfer or disposition of the property, to repay the County the percentage of the proceeds allocable to the bond funds used to acquire, construct, extend, improve, enlarge, alter, repair, or modernize the property.

  (d)   Any action taken under this Article must be by order of the County Executive.  The County Executive must send a correct copy of every such order to the Clerk of the County Council, who must keep a permanent record of each order.  Certification by the Clerk is evidence of the authenticity of each order.

**Sec. 20-16.  Same-Adoption of resolution; notice of conditions and terms of sale of bonds.**

  Before borrowing any money or issuing any bonds pursuant to the authority conferred on the county by any law, the county executive shall pass an order describing the public facility for which such borrowing or indebtedness is intended and the amount needed to finance the public facility, and determining to borrow money or incur indebtedness for all or a part of the amount so needed and to issue the county’s bonds to evidence such borrowing or indebtedness.  Each series or group of bonds shall be issued to mature in annual serial installments, not exceeding thirty (30) and beginning not more than one (1) year from the date of such bonds, as may be determined by the order of the county executive authorizing such bonds, and no one of such installments shall be less than fifty (50) percent of any other installment.  The county executive shall have and is hereby granted full and complete authority and discretion to fix and determine, in the order the form and tenor of any such bonds, the rate of interest payable thereon or the method of arriving at the same, the date upon which the bonds shall respectively mature and be payable, the manner of selling the bonds at public sale and generally all matters incident or necessary to the issuance, sale and delivery thereof.  The bonds of each such issue shall be dated, shall bear interest payable semi-annually, shall mature at such time as may be determined by the county executive by order, and such bonds may be made redeemable before maturity, at the option of the county, at such price and under such terms and conditions as may be fixed by the county executive, either in the order authorizing the issuance of the bonds, or in a subsequent order but prior to the issuance of the bonds.  The principal of and the interest of such obligations may be made payable in lawful medium.  The county executive in such order shall determine the form of such bonds, including any interest coupons to be attached thereto, and the manner of executing and sealing the same, which may be by facsimile, and shall fix the denomination of the bonds and the place of payment of the principal and interest thereon, which may be at any bank or trust company within or without the state.  In case any officer whose signature shall appear on any such bond or on coupons attached thereto shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.  Such bonds may in the discretion of the county executive be issued in coupon or in registered form or both, and provision may be made for the registration of the bonds having coupons attached, as to principal alone and also as to both principal and interest, and for the reconversion of the bonds into coupon form, if any of such bonds shall have been registered as to both principal and interest.  Such bonds shall not be subject to the provisions of sections 9, 10 and 11 of article 31 of the Annotated Code of Maryland, 1957, as amended from time to time, but the county executive shall offer such bonds only by solicitation of competitive bids therefore at public sale.  Such bonds may be sold for such price as may be determined to be for the best interests of the county, either at, above or below the par value of any such bonds.

  In addition to making provision for the above described terms and conditions of any group or series of bonds issued hereunder, the order of the county executive shall likewise fix the terms and conditions of the public sale of such group or series of bonds and shall adopt a suitable form of notice of sale which shall briefly outline the terms and conditions in accordance with the provisions hereof.  Such notice shall be published at least twice in one (1) or more daily or weekly newspapers having a general circulation in the county and may also be published in one (1) or more journals having a circulation primarily among banks and investment bankers.  The sale of such bonds shall be held not sooner than ten (10) days following the first publication of such notice.  Such notice shall offer the bonds to the highest bidder or bidders therefor and shall state how such highest bidder or bidders will be determined.  The notice of sale shall specify the date, place and hour at which bids for the bonds will be received and opened and the bonds awarded.  It shall also specify that each bid shall be made in writing by a sealed proposal and shall be accompanied by a good faith deposit in a fixed or determinable amount as security for compliance by the bidder with his bid.  The notice shall refer to the authority for the bonds and shall state the date of issue of the bonds offered, the total aggregate par amount thereof, the schedule of maturities thereof, the interest payable thereon or the method of determining the same, the purpose to which the proceeds thereof will be devoted and the general form thereof, including a statement whether such bonds will be redeemable or will be in coupon or registered form, and whether the same will be registerable as to principal or as to both principal and interest.  Each such notice of sale shall also contain a brief summary of the current financial condition of the county or shall indicate where such a statement may be obtained and, finally, shall reserve unto the county the right to reject any or all bids received.  In lieu of publishing the entire notice of sale, the county executive may, if he shall so elect in the order, publish a brief summary of the notice which summary need not contain all the information required by law to be contained in the notice but which shall state where interested parties may obtain a complete copy thereof.

**Sec. 20-17.  Disposition of money borrowed.**

  The award of any bonds issued pursuant to this article shall be made by the county executive or by the chief administrative officer of the county, acting with the authority of the county executive, to the bidder submitting the most favorable bid for the county upon a certification by the director of finance, and such order shall fix the interest rate payable on any such bonds.

  The money so borrowed or the indebtedness incurred, in evidence of which the bonds shall be issued, shall be paid to the director of finance of the county and shall be used by the county exclusively and solely for the public facility described in the order of the county executive, and in the event the amounts so borrowed shall prove inadequate for the financing of any such public facility, at any time additional obligations may be issued for the purpose of evidencing the borrowing of additional funds for any such public facility, within limitations provided by law.  If the funds derived from the sale of any issue of any such bonds shall exceed the amount needed to finance the public facility so described, the excess funds so borrowed may be set apart by the county and applied in payment of the first principal maturity of the obligations so issued or to the redemption of any part of such bonds, if the same shall have been made redeemable; but the excess funds shall in no event be used for any other county function nor for any other public facility except upon the passage of an order of the county executive to that effect.

**Sec. 20-18.  Security for and method of repayment of principal and interest.**

  Bonds heretofore or hereafter authorized and issued pursuant to this article shall constitute, and they shall so recite, an irrevocable pledge of the full faith and credit and unlimited taxing power of the county to the payment of the maturing principal and interest of such bonds as and when the same respectively mature.  In each and every fiscal year that any of such bonds are outstanding, the county shall levy or cause to be levied ad valorem taxes upon all the assessable property within the corporate limits of the county in rate and amount sufficient to provide for the payment, when due, of the interest and principal of all such bonds maturing in each such fiscal year, and in the event the proceeds from the taxes so levied in any such fiscal year shall prove inadequate for the above purposes, additional taxes shall be levied in the succeeding fiscal year to make up any such deficiency.  Such pledge of the full faith and credit and unlimited taxing power of the county shall constitute a covenant of the county to levy and collect the taxes hereinabove prescribed.  The county may apply to the payment of principal and interest of any bonds issued for any of the above described public facilities, any funds received by it from the state, the United States of America, any agency of instrumentality thereof or any other source, if such funds are granted for the purpose of assisting the county in obtaining any such public facility, and to the extent of any such funds received or receivable in any fiscal year the taxes hereby required to be levied may be reduced proportionately.

  In addition to the pledge of the full faith and credit and unlimited taxing power of the county to the payment of any bonds issued pursuant to this article, the county may secure such payment by the additional pledge of any assessments, taxes, fees or charges which the county is authorized and empowered to levy, impose and collect, and to the extent any such revenues received or receivable in any fiscal year are available for debt service, the ad valorem taxes hereinabove required to be levied may be reduced proportionately in such fiscal year.

**Sec. 20-19.  Negotiability of bonds.**

  All such bonds shall have, and are hereby declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state to the extent provided in section 8 of article 31 of the Annotated Code of Maryland, 1957, as amended from time to time and in title 8 of the Commercial Law Article of the Annotated Code of Maryland, 1957, as amended from time to time.

**Sec. 20-20.  Bonds are exempt from state and local taxes.**

  Any and all such bonds and the interest thereon and the income derived therefrom, in the hands of the holders thereof from time to time, shall be and are hereby declared to be exempt from state, county and city taxation of every kind and nature whatsoever in the state.

**Sec. 20-21.  Provisions of article cumulative.**

  The powers granted by this article are additional and cumulative and the bonds authorized by this division may be issued notwithstanding that other bond acts or laws may provide for the issuance of other bonds or the borrowing of money for the same or similar purposes on the same or other terms and conditions.

### Article V. Certificates of Indebtedness.

**Sec. 20-22.  Citation of article.**

  This article may be cited as the "Montgomery County self-insurance certificates of indebtedness act."

**Sec. 20-23.  Definitions.**

  (a)   Insurable losses.  The term "insurable losses" as used in this article includes:

    (1)   Physical loss or damage, including flood and earthquake, to real and personal property of the county or any participating agency; and

    (2)   Liability of the county or of any participating agency for damage:

      a.   Due to injury or death of a person; or

      b.   To real and personal property due to the negligence or wrongful act of a public official, employee, or agent of the county or a participating agency while acting within the scope of their duties.

  (b)   Real and personal property; vehicles.  The term "real property" shall include land and all improvements thereon.  The term "personal property" shall include fixtures and all personal property located in or on such land or buildings.  The term "vehicles" means vehicles running on land or tracks but not aircraft.

  (c)   Loss to real and personal property by riot, strike, etc.  Loss by riot, riot attending a strike or civil commotion shall also include loss from pillage and looting attending or following such riot, riot attending a strike or civil commotion.  Loss by aircraft includes loss caused by falling aircraft or objects falling from aircraft.  Loss to real and personal property shall include all loss herein described, whether or not caused by the negligence of the county or the board of education or any other person.

**Sec. 20-24.  Authority to borrow upon resolution.**

  The county is hereby authorized, by resolution of the council, to borrow the sums from time to time upon its faith and credit as may be needed to cover the cost of reconstructing, replacing, repairing, or paying insurable losses, as that term is defined in this article, and to issue negotiable certificates of indebtedness therefor; provided, that the amount of certificates of indebtedness issued pursuant to this article and outstanding at any one (1) time must not exceed ten million dollars ($10,000,000.00).

**Sec. 20-25.  Form; denomination; interest; maturity; exemption from state, etc., taxation.**

  Certificates of indebtedness:

    (1)   Must be in fully registered form;

    (2)   May be issued in denominations of one hundred dollars ($100.00) or any multiple of one hundred dollars ($100.00);

    (3)   Must bear interest at the rate or rates and be payable as to principal and interest at the times that the county executive determines, provided that the certificates must not mature later than ten (10) years after date of issuance; and

    (4)   May be exempt from all state, county and city taxation of every kind and nature whatsoever in the state.

**Sec. 20-26.  Designation; amount of sale.**

  Certificates of indebtedness must be designated as "Montgomery County self-insurance certificates of indebtedness" and may be sold from time to time and must be sold in the manner as the county executive determines; provided, that the same must not be sold at less than par and accrued interest.

**Sec. 20-27.  Use of proceeds.**

  Upon issuance, the proceeds of certificates of indebtedness must be set aside from other county funds and used and applied only for payment of the costs of reconstructing, replacing, repairing, or paying insurable  losses as defined in this article and the cost of printing and delivering and other expenses of  issuance of the certificates of indebtedness, and any other incidental expenses, and the reimbursement of the general tax receipts of the county or participating agency for any money previously expended therefrom to cover the cost of the insurable losses.  Any balance of the proceeds, together with any part of the sum so set aside which is not required for payment of the cost of the insurable losses, must be promptly applied to the payment of the certificates of  indebtedness as they become due.

**Sec. 20-28.  Not subject to provisions of state law.**

  Certificates of indebtedness shall not be subject to the provisions of sections 9, 10 and 11 of article 31 of the Annotated Code of Maryland, 1957.

**Sec. 20-29.  Issued on full faith and credit of county; payment, etc.**

  All certificates of indebtedness are and shall be issued upon the full faith and credit of the county, which is hereby pledged to the punctual payment of the principal thereof and interest thereon, and they shall be payable from unlimited ad valorem taxes levied upon all assessable property within the corporate limits of the county and the resolution of the council authorizing the issuance of such certificates shall so provide.  In each and every fiscal year that any such certificates are or will be outstanding, the county and the council shall levy or cause to be levied ad valorem taxes upon all the assessable property within the corporate limits of the county in rate and amount sufficient to provide for the payment, when due, of the interest and principal of all such certificates becoming due in such fiscal year.  In the event the proceeds from the taxes levied in any such fiscal year shall prove inadequate for such payment, additional taxes shall be levied in the succeeding fiscal year to make up any such deficiency.

**Sec. 20-30.  Qualities and incidents of negotiable instruments.**

  All certificates of indebtedness shall have, and are hereby declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state, to the extent provided in section 10 of article 31 of the Annotated Code of Maryland, 1957, as amended.

**Sec. 20-31.  Maximum extent of issuance.**

  No certificates of indebtedness shall be issued to the extent that the principal amount thereof, together with the principal amount of all bonds, certificates of indebtedness, notes or other obligations theretofore issued by the county and then outstanding which affect the debt limit of the county, shall exceed ten (10) percent upon the assessable basis of the county at the time of issuance of such certificates of indebtedness.

### Article VI. Bond Guarantee Program.

**Sec. 20-32.  Legislative purpose.**

  (a)   Under the authority of Title 16 of the Housing and Community Development Article of the Maryland Code, Montgomery County, may, at any time and from time to time, guarantee, upon its full faith and credit, revenue bonds of the housing opportunities commission in a total amount not exceeding $50,000,000 to finance the acquisition, provision, development, or rehabilitation of housing at rental rates and prices not being offered in adequate quantity by the private sector, or to finance in whole or in part mortgage loans secured by such housing, and to fund related reserves and costs approved under Title 16 of the Housing and Community Development Article of the Maryland Code and this Chapter.

  (b)   Each mortgage loan so financed in part must be insured in part by the Federal Housing Administration, the Maryland Housing Fund, or a private mortgage insurer which is approved by either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation and is authorized to do business in Maryland, or by any combination of such insurers.

  (c)   The Housing Opportunities Commission must comply with any terms and conditions imposed by the County in providing the guarantee of any bonds.  If guaranteed revenue bonds will finance the total cost of such housing or the total amount of the mortgage loans for such housing, the Commission must also comply with any requirements imposed by the County after the bonds are issued to assure or protect the financial solvency of the project.

  (d)    The issuance of such bonds must be subject to review and approval by the County as hereinafter provided.

**Sec. 20-33.  County executive review and recommendation.**

  (a)   Upon determination by the housing opportunities commission of the county to issue bonds under the authority of article 44A, Annotated Code of Maryland and this chapter, the housing opportunities commission shall provide the county executive and the county council simultaneously with information concerning the proposed bonds and the housing projects to be benefited by the funds from the sale of such bonds, including, but not limited to, the following:

    (1)   Terms and conditions of the bonds;

    (2)   Estimated bond interest rate, and the basis for the estimate;

    (3)   Estimated timing and other provisions concerning the advertising and sale of the bonds;

    (4)   Description of the proposed project with detailed estimates of construction and related costs to bring it to the point of readiness to rent or sell;

    (5)   Detailed estimates of operating cost and debt service;

    (6)   Schedules of reserves for depreciation and major maintenance;

    (7)   Rent schedule showing how, after allowance for vacancies, the revenues are expected to cover operating cost, debt service and capital cost, and reserves for depreciation and major maintenance;

    (8)   Separate schedule showing the cost, benefit and effect on rent schedules of additional safeguards to assure solvency of the project.  These schedules would address such devices as mortgage insurance and debt service reserves, and would reflect the housing opportunities commission’s recommendation of whether or not to use the devices and the reasons therefor;

    (9)   Description of the terms and conditions for construction of the project, including any safeguards against construction default and the conditions under which construction financing is to be provided by the housing opportunities commission;

    (10)   Description of the accounting system for recording and controlling expenditures of bond funds, debt service, operating cost, reserves and revenues;

    (11)   Explanation of the use of any reserves relating to bonds issued for the benefit of the project;

    (12)   Explanation of the potential obligations of the county arising from a default with respect to any bonds issued for the benefit of the project; and

    (13)   Any additional information which the county executive or county council may request from the housing opportunities commission within ten (10) days of receipt of all of the foregoing information.

  (b)   After consultation with the housing opportunities commission, the county executive may defer the requirement for furnishing any of the foregoing information if the county executive determines that such a deferral will avoid delays which would adversely affect the timing of the financing for the proposed project. In any event, all of such information shall be furnished to the county executive and the county council at or prior to the public hearing hereinafter required.

  (c)   The county executive shall consider and comment on the feasibility of the proposed bond guarantee and each housing project contemplated by the proposed bond guarantee and shall recommend to the county council whether the proposed bond guarantee should be approved, including any terms and conditions which he or she may deem advisable for approval.  The county executive’s recommendations shall include a statement that the proposed project is fully self-supporting.  The county executive’s recommendations shall be supported by an independent feasibility study or studies furnished by the housing opportunities commission.  The furnishing of the independent feasibility study or studies may be waived by the county executive in the case of projects financed, insured, or assisted by the state or federal government.  The county executive’s recommendations shall be made not later than the public hearing concerning a proposed bond guarantee.

**Sec. 20-34.  County council review and approval.**

  Within forty-five (45) days from the date of the county council’s receipt of all of the information required to be furnished in connection with a proposed bond guarantee or from the date of deferral of a portion of such information by the county executive, whichever first occurs, the county council shall hold a public hearing. The public hearing shall be held after not less than fifteen (15) days’ notice by publication in a newspaper having general circulation in the county, giving the time, place and date of the hearing to afford an opportunity for the public to review the projects proposed to be benefited by the bond guarantee.  After considering the recommendations of the county executive and after the public hearing, the county council shall approve, approve with modifications, or disapprove, the proposed bond guarantee, and shall by resolution specify such terms and conditions as it shall deem advisable for an approved bond guarantee.  The terms and conditions shall include the maximum interest payable, the terms of the bond issue, the purposes for which the bond funds may be expended, and the method for controlling the expenditures of the bond funds and the revenues and expenditures for projects financed by the bond funds.

**Sec. 20-35.  County Executive concurrence, veto, Council override.**

  (a)   The Clerk of the Council must submit any resolution of the Council approving a bond guarantee to the County Executive for approval within 3 days after adoption.

  (b)   If the County Executive does not communicate disapproval of the resolution and the reasons for the disapproval to the Council within 10 days after receiving the resolution, the Council’s approval stands.  If the County Executive disapproves the resolution, the Council may override the disapproval by an affirmative vote of at least 7 Councilmembers.

  (c)   The Council may rescind the resolution approving a bond guarantee at any time before the bonds are advertised for public sale, or, in the case of a private sale, before the sale of the bonds or distribution of a related offering circular, whichever occurs first.

**Sec. 20-36.  Bond guarantee endorsement; County guarantee and levy of ad valorem taxes.**

  (a)   Each bond issued under this Chapter must be endorsed by the guarantee of the County in the following language:  “The payment of interest when due and the principal at maturity is guaranteed by Montgomery County, Maryland.  The full faith and credit and unlimited taxing power of Montgomery County is hereby pledged to the performance of this guarantee.”

  (b)   This guarantee must be executed in the name of the County and on its behalf on each bond by the signatures of the Director of Finance and the Clerk of the County Council, which signatures may be in facsimile.

  (c)   Each bond, so endorsed, is an unconditional general obligation of the County.  The County  hereby covenants and agrees that, if all funds available to the Housing Opportunities Commission to pay the principal of and interest on outstanding bonds authorized under this Chapter are insufficient for any reason to meet principal and interest payments, in each fiscal year when any such bond is outstanding, the County will levy or cause to be levied ad valorem taxes on all the assessable property in the County at a rate and amount sufficient to provide for the payment, when due, of the principal of and interest on all such bonds maturing in that fiscal year, and if the proceeds from such taxes prove inadequate, the County will levy additional taxes in the next fiscal year to make up any deficiency.

**Sec. 20-36A.  Allocation of guarantee to finance mortgage loans and to fund related reserves and costs.**

  Montgomery County, Maryland, allocates up to ten million dollars ($10,000,000.00) of the total amount of the guarantee authorized by article 44A, Annotated Code of Maryland to guarantee bonds of the Housing Opportunities Commission of Montgomery County, the proceeds of which bonds shall be used to finance in whole or in part mortgage loans secured by housing and to fund related reserves and costs. Mortgage loans so financed in part must be insured in part by the Federal Housing Administration, the Maryland Housing Fund, or a private mortgage insurer which is approved by either the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, and which private mortgage insurer is authorized to do business in the State of Maryland, or by any combination of such insurers.

  The housing opportunities commission shall not issue bonds which are guaranteed by the amount so allocated unless and until (1) the housing opportunities commission has submitted to the county executive and the county council the information required by section 20-33 of this chapter, except to the extent the receipt of any such information has been deferred by the county executive pursuant to section 20-33; and (2) the county executive has approved by executive order the use of all or a portion of the allocation as a guarantee of bonds issued for the purposes stated in this section; and (3) the county council has approved the use of all or a portion of the allocation as a guarantee of bonds, or has taken no action in connection with the use of such allocation within ten (10) calendar days after receipt of notice of approval by the county executive by executive order.  The county council within the ten (10) calendar days may extend the time for its action by resolution.  In the event that the county executive approves by executive order and the county council approves or takes no action with respect to the use of all or a portion of the allocation as a bond guarantee, no public hearing or further approval with respect to the bond guarantee shall be required.

### Article VII. Insurance.

**Sec. 20-37.  Comprehensive insurance and self-insurance program.**

  (a)   It is the policy of the county government to provide an adequate comprehensive insurance program to compensate for injury to persons or damage to property resulting from negligence or other wrongful acts of the county’s public officials, employees and agents and to provide protection for property of the county and for officials, employees, and agents acting within the scope of their duties.

  (b)   The county is hereby authorized and empowered to adopt or install a plan or system of group health and life insurance and group hospitalization in cooperation with the employees or any portion thereof in any office, agency or branch of the government of the county and with paid employees of quasi-public corporations engaged in the performance of governmental functions, such as fire departments, whenever it may deem such to be advisable in the interest of the health, comfort and welfare of the county.

  (c)   The county is further authorized and empowered to provide for an adequate comprehensive insurance program to compensate for injury or death of persons or damage to property resulting from negligence, deprivation of civil rights, malpractice or any other type of civil or tortious action resulting from the negligence or wrongful act of any public official, agent or employee within the scope of official duties.  The county is also hereby authorized and empowered to provide for an adequate comprehensive insurance program including but not limited to comprehensive general liability, auto, fire, boiler, workmen’s compensation and comprehensive auto liability.  The insurance program may be provided by purchase of insurance coverage from insurance companies authorized to do business in the State of Maryland or it may be provided by a self-insurance program funded by appropriations by the county council or by a combination of purchased insurance coverage and self-insurance, subject to the granting of all necessary approvals by the State of Maryland for the self-insuring of workmen’s compensation and comprehensive auto liability coverage.  The insurance program shall provide for defense of claims as well as compensation for damages and the county is authorized within the limits of appropriations of the funded insurance program to engage necessary claims investigators and adjusters, to provide for defense with attorneys to be selected as provided in the charter, and to settle claims and pay lawful judgments.

  (d)   The county is further authorized to cooperate with and enter into agreements with participating agencies, including, but not limited to, the Montgomery County Board of Education, the fire departments and rescue squads, Montgomery College, the Montgomery County Revenue Authority, the housing opportunities commission, any bi-county agency, any municipality or any other governmental agency within or without the State of Maryland, for the purpose of obtaining and providing comprehensive insurance coverage in the most economical manner.  A participating agency includes the public officials, employees and agents of the participating agencies.

  (e)   A self-insurance program is established subject to the following conditions:

    (1)   The self-insurance program shall be known as the Montgomery County self- insurance program.  Regulations governing the administration of the Montgomery County self-insurance fund shall be approved by the chief administrative officer of Montgomery County.

    (2)   The county attorney shall provide defense for claims against each participating agency, its public officials, employees and agents and shall consult with and advise counsel for each participating agency as to the status of each claim against the participating agency.  Legal counsel for the participating agency may elect to enter into the defense of any claims against the participating agency, but such participation shall not be funded out of the self-insurance program unless  authorized by the county attorney.

    (3)   Insurance protection furnished to the participating agencies by the Montgomery County self-insurance program will not be less than the coverage provided under the independent insurance programs of the participating agencies when they begin to receive coverage from the fund.

    (4)   The county council, upon the recommendation of the county executive, shall annual appropriate to the Montgomery County self-insurance program sufficient funds to provide for the program’s premium cost, claim expense and adequate claims reserves in addition to providing for the operating requirements of the program’s risk management operation.

    (5)   An interagency insurance panel is established to advise the participating agencies on risk management and all aspects of a comprehensive loss control program for the county self-insurance program.  The panel will prepare standardized procedures for review and approval by the chief administrative officer of the county.  The panel will consist of one (1) representative each from the participating agencies; the county representative be the director of the Montgomery County department of finance, who shall serve as chairperson of the panel.  The representative from each other participating agency shall be designated by the administrative officer of the participating agency.  Such appointments shall remain in effect until such time as the county’s finance director is advised that a new appointment to the panel has been made.

    (6)   The interagency insurance panel shall prepare an annual budget for the Montgomery County self-insurance program, which shall include a list of charge-backs required to provide insurance coverage to those county departments and funds that currently are charged by the county’s finance department for their insurance coverage.  The interagency insurance panel shall also include in the budget the amount which is required to adequately fund the county self-insurance program’s unencumbered claims reserve according to the standards contained in this chapter.  The panel shall contract with an insurance consultant as necessary to assist them in setting the claims reserve requirement and rate estimates contained in their recommended budget.  The proposed budget of the Montgomery County self-insurance program shall be submitted to the administrative officer of each participating agency by the interagency insurance panel no later than November first of each year.  Any comments which these officials wish to make on the proposed budget of the county self-insurance program shall be returned to the interagency insurance panel by November twelfth of that year.  The interagency insurance panel shall submit the proposed budget of the county self-insurance program along with all comments received from administrative officers, if any, to the county executive, not later than December first of that year.  The interagency insurance panel shall also prepare a list of all safety related expenses which they feel should be placed in the budgets of participating agencies along with a detailed justification for such expenses.  This list shall accompany the proposed budget of the county self-insurance program throughout the budgetary process.

    (7)   Copies of all meeting minutes and applicable status reports prepared by the interagency insurance panel shall be provided to the administrative officer of each participating agency.  Copies of all standardized procedures developed by the interagency insurance panel, in accordance with the requirements of this chapter, shall be provided to the administrative officer of each participating agency, following their approval by the interagency insurance panel and the chief administrative officer of the county.

  (f)

    (1)   Subject to appropriations, the county may, by order of the county executive, provide for securing the county self-insurance program in whole or in part by the establishment of trust funds or escrow funds, with or without credit support, in an aggregate amount not to exceed ten million dollars ($10,000,000.00).

    (2)   a.   The form of credit support for the county self-insurance program may include but is not limited to a line or lines of credit with one (1) or more financial institutions in an amount not to exceed ten million dollars ($10,000,000.00).  The county executive may enter into a contract or contracts for the line or lines of credit under which the county may borrow the sums, from time to time and upon its full faith and credit, under the terms and conditions as may be appropriate in the judgment of the county executive, to implement the purposes of this article.

      b.   The provisions of chapter 11B of this Code do not apply to the selection by the county executive of a financial institution to furnish a line of credit.

      c.   Any advances under the line or lines of credit, together with any interest on the advances, are payable from unlimited ad valorem taxes levied upon all assessable property within the corporate limits of the county.  In each and every fiscal year that any advances under the line or lines of credit are or will be outstanding, the county must levy or cause to be levied ad valorem taxes upon all the assessable property within the corporate limits of the county in rate and amount sufficient when combined with other available revenues to provide for the payment, when due, of the principal of and interest on the advances becoming due in the fiscal year.  In the event the proceeds from the taxes levied and other available revenues in any fiscal year are inadequate for the payment, additional taxes must be levied in the succeeding fiscal year to make up the deficiency.

  (g)   This chapter, or any regulations adopted under this chapter, does not constitute or must not be interpreted as a waiver of the right of the county to rely on and raise the defense of sovereign or governmental immunity on behalf of the county or any participating agency when the county or the participating agency deems it appropriate.

### Article VIII. Department of Finance.

**Sec. 20-38.  Powers and duties of Director generally.**

  The Director of Finance, under the general direction of the County Executive, must:

  (a)   Review and audit of claims, vouchers, etc.  review and audit accounts, claims, invoices, demands, or vouchers presented to the County for payment.

  (b)   Accounting system, etc.  prescribe the system of accounts, reports, and expenditure and receipt documents to be used by all of the officers of the County government, except as prescribed by law.

  (c)   Financial records.  keep the financial records of the County government, including payroll.

  (d)   Annual Financial Report. prepare an Annual Financial Report containing a detailed account of all funds received and paid by the County in accordance with applicable accounting and financial reporting standards.

  (e)   Inventory, storage, etc., management.  coordinate the development and implementation of inventory, storage and other materials, management policies and practices of the County.

**Sec. 20-38A. Consent to state right of recovery.**

  The Director of Finance may consent to recording in the County land records of a notice of the State's right of recovery, subject to the approval of the County Council, when required as a condition of a capital grant by the State to the County, or to a lessee or sublessee of the County, to improve property owned by the County.

**Sec. 20-39.  Director designated treasurer and collector of taxes.**

  The director of finance shall henceforth have all the powers and duties of the treasurer of the county and collector of taxes.

**Sec. 20-40.  Agent to assist director when acting as registrar of bonds, etc.**

  Whenever it shall be in the best interests of the county, the county executive is authorized and empowered to designate an agent or agents to assist the director of finance acting in his capacity of registrar for the principal or interest of any issue of bonds, notes or obligations of the county, whether issued or to be issued, for which the director has been or may be named as registrar by any resolution or resolutions of the county council authorizing the issuance or sale of such bonds, notes or obligations. The terms and conditions of the appointment of such agent or agents shall be fixed by the county executive; provided, that such agent or agents shall in all cases be a national bank or shall be a bank and trust company regularly engaged in business in the state, and such national bank or bank and trust company shall have capital and surplus amounting to at least three million dollars ($3,000,000.00).

**Sec. 20-41.  Collection of taxes and special assessments; receipt of and responsibility for money; service charge for dishonored checks or drafts.**

  The director of finance shall collect all taxes and special assessments levied by the county council, and such other taxes and assessments the collection of which may by the Charter or public general or local law be charged to the department of finance.  The director of finance shall receive all money paid to the county from any source.  The director of finance shall not be responsible for money paid to persons or officials not under the director’s direction or control, until such moneys have been properly transferred to the director of finance or someone designated by the director for receipt of such funds.

  When any check or draft tendered to Montgomery County in payment of any tax, fee, charge, penalty, interest, or fine due the county is dishonored by a bank, a service charge of ten dollars ($10.00) or such other reasonable amount as may be established by executive regulation, adopted by the county executive under method (3) of section 2A-15 of this Code, shall be imposed and added to the amount due and owing.  The director may require that the total amount due, including the service charge, be paid in cash, certified check or money order.

**Sec. 20-41A.  Tax information; Review and challenge of inaccurate property tax assessments.**

  The Director of Finance or designee must:

  (a)   advise County residents and taxpayers generally of their rights under State and County tax laws; and

  (b)   protect the public interest by acting on behalf of the taxpayers and the County to:

    (1)   intervene in tax and assessment proceedings before administrative agencies and the courts;

    (2)   appeal decisions in tax and assessment proceedings; and

    (3)   take any other action permitted by law to review and challenge inaccurate property tax assessments.

**Sec. 20-42.  Disbursements generally.**

  The director of finance shall make disbursements of county moneys in accordance with provisions of the laws of the state, the Charter of the county, the public local laws of the county, and the appropriations duly authorized by the council.  The director of finance shall designate other persons in the department of finance who may disburse county money under his direction and during his absence.  He shall keep the county executive informed as to all such persons so designated, and shall withdraw such authority upon request of the county executive.

**Sec. 20-42A.  Spending Disclosure.**

  (a)   Definitions. In this Section, the following words have the meaning indicated:

    Payee means any person who receives an aggregate payment of $25,000 or more from the County in any fiscal year, except:

    (1)   a County employee with respect to salary or benefits; and

    (2)   a County retiree with respect to a County retirement pension.

    Payment includes any County funds transferred to a contractor, grantee, or loan recipient.

    Searchable website means a series of web pages on the World Wide Web that displays County payment data in a searchable form.

  (b)   The Chief Administrative Officer must develop and operate a searchable website accessible to the public at no cost that includes the:

    (1)   name of each payee;

    (2)   location of each payee by postal zip code;

    (3)   amount of total payments for each fiscal year; and

    (4)   name of the County department or office making the payment.

  (c)   The searchable website must permit the user to search data for each fiscal year by the following fields:

    (1)   payee:

    (2)   department or office making the payment; and

    (3)   postal zip code of a payee.

  (d)   This Section does not require the disclosure of any information that is confidential under State or Federal law.

**Sec. 20-43.  Collection of funds; record of collections and disbursements.**

  It shall be the duty of every officer and employee receiving money or collecting funds for the county to issue a receipt to the person paying the money or remitting the funds when the payment or remittance is in cash.  The receipt shall show the date, amount and purpose of payment or remittance.  When payments or remittances are made by check, a receipt shall not be required to be issued, except upon request of the payor; and the canceled check, properly validated through the county collection system, shall constitute the payor’s receipt.  It shall be the duty of every officer and employee disbursing money for the county to keep a record of the date, payee, check number, amount, and purpose of every disbursement made.  The purpose of payment or remittance and disbursement may be shown by written description or a numerical code, as approved by the director of finance.

**Sec. 20-44.  bonds of officers and employees.**

  (a)   All officers and employees in the department of finance, including the director, shall furnish a bond to the county either separately or as a group or in groups, and each bond shall be approved by the county executive, and the premium therefor shall be paid by the county.

  (b)   All employees of the county who handle funds of the county, any part or subdivision thereof, or any agency operating therein, are hereby required to be bonded either individually or in a group to the county in such penalty as may be prescribed by the county executive, with a surety to be approved by the county executive, conditioned that such employee will well and faithfully perform his duties as en employee of  the county, and will account for and pay over to the director of finance all sums of money so received by such employee.

**Sec. 20-45.  Collection of taxes by banks.**

  On or before July 1 of each year, the director of finance shall designate the banking institutions in the county where taxes may be paid, and notice of such designations shall be attached to or printed on the back of all tax bills rendered by the county.  Each such banking institution may be paid up to five cents ($0.05) for each tax bill under which payment is received by it. On the first Monday of each month, each such banking institution shall report all collections received during the preceding month to the director of finance in such form as he shall prescribe, and all such collections shall be held or transmitted by the banking institution as the director of finance shall direct.

**Sec. 20-46.  Cost accounting systems.**

  The county executive is hereby authorized in his discretion to install a cost accounting system or systems in any office, agency, or branch of the county government and to require that the accounts of such office, agency, or branch shall be kept in accordance with the system thus prescribed and installed.

### Article IX. Revenue Bonds.

**Sec. 20-47.  Short title.**

  This article may be referred to as the "Montgomery County Revenue Bond Act."

**Sec. 20-48.  Definitions.**

  The following definitions apply to this article:

    (1)   Construction means acquisition, installation, reconstruction, or construction, or any combination of them.

    (2)   Costs of the project means:

      a.   The funding of one (1) or more reserve funds that is necessary or desirable in connection with the financing of a project;

      b.   The cost of all land, property, rights, easements, and franchises that are necessary for the construction or improvement of any project;

      c.   The cost of all:

        (i)   Labor;

        (ii)   Materials;

        (iii)   Machinery;

        (iv)   Equipment;

        (v)   Furnishings;

        (vi)   Installing any equipment and furnishings;

        (vii)   Financing charges; and

        (viii)   Interest charged before and during construction, and for one (1) year after completion of construction;

      d.   The costs of:

        (i)   Engineering;

        (ii)   Architectural services;

        (iii)   Legal services;

        (iv)   Plans;

        (v)   Specifications;

        (vi)   Surveys;

        (vii)   Estimates of costs and of revenues;

        (viii)   Determining the feasibility or practicability of construction;

        (ix)   Administrative expenses; and

        (x)   Any other services that may be necessary or incident to the financing, construction, or improvement of a project, and of placing a project in operation.

    (3)   Equipment and furnishings mean any:

      a.   Instrument;

      b.   Apparatus;

      c.   Accouterment or appointment; and

      d.   Installation.

    (4)   Improvement means extension, enlargement or betterment, or any combination of them.

    (5)   Project means:

      a.   Any system, structure, facility, or undertaking, all or a part of which is financed from the proceeds of revenue bonds; and

      b.   Any real or personal property or any interest in the real or personal property, or any combination of them.

    (6)   Revenue bonds means bonds or other obligations issued by the county under section 5(P)(2) and (3) of article 25A of the Annotated Code of Maryland and this article.

**Sec. 20-49.  Authority to issue revenue bonds.**

  (a)   The county may issue revenue bonds payable as to principal, interest, and premium, if any, only from the funds or revenues received from or in connection with any project, all or part of which is financed from the proceeds of revenue bonds.

  (b)   The authority to issue revenue bonds must be exercised in the manner established in this article.

**Sec. 20-50.  Adoption of  resolution.**

  (a)   The county council must adopt a resolution to authorize the issuance of revenue bonds.

  (b)   The resolution must specify:

    (1)   The project to be financed in whole or in part by the revenue bonds; and

    (2)   The maximum principal amount of revenue bonds that may be issued for the project.

**Sec. 20-51.  Duties of county executive.**

  (a)   The county executive must specify, prescribe, determine, provide for, or approve all matters, forms, documents, or procedures that the county executive deems appropriate to effect the authorization, sale, security, issuance, delivery, and payment of or for revenue bonds, subject to the limitations under this article and the resolution providing for the issuance of the revenue bonds.

  (b)   The county executive may:

    (1)   Provide for the maturity of revenue bonds on a date or dates that is no later than fifty (50) years from the date of the issuance of the revenue bonds;

    (2)   Fix the rate or rates of interest payable on revenue bonds, or the method of determining the rate or rates;

    (3)   Fix the denomination or denominations of revenue bonds and the place or places of payment of the principal, interest, and premium, if any; the place of payment may be at any bank or trust company within or without the state;

    (4)   Determine the form of revenue bonds and the manner of executing them and affixing the county seal to them, which may be in accordance with the Uniform Facsimile Signature of Public Officials Act; however, if any officer whose signature or a facsimile of whose signature appears on any revenue bonds ceases to be the officer before delivery of the revenue bonds, the signature or facsimile is valid and sufficient for all purposes the same as if the officer had remained in office until delivery;

    (5)   Provide for the manner in which revenue bonds may be sold, at either public or private (negotiated) sale, at a price that may be either at, above, or below par;

    (6)   Enter into agreements with agents, banks, fiduciaries, insurers, or others for the purpose of:

      a.   Pledging or otherwise assigning funds or revenues received from or in connection with any project;

      b.   Enhancing the marketability of any security for revenue bonds; and

      c.   Securing any tender option that may be granted to holders of revenue bonds; and

    (7)   Provide for:

      a.   The preparation of temporary bonds, to be exchanged for definitive revenue bonds when the latter are available for delivery; and

      b.   For the replacement of any revenue bonds that  are mutilated, destroyed, or lost.

    (c)   The authority of the county executive under this article is not subject to the provision of chapter 11B of the Code.

**Sec. 20-52.  Application of bond proceeds.**

  The proceeds from the sale of any revenue bonds must be applied only to:

    (1)   Pay the costs of the project for which the revenue bonds are authorized; or

    (2)   Any fund created for the payment of the revenue bonds.

**Sec. 20-53.  Rights of bondholders and fiduciaries.**

  Unless a holder of revenue bonds is restricted by an agreement with the county, any holder of revenue bonds and any fiduciary in connection with them may:

    (1)   Protect and enforce any and all rights granted:

      a.   Under the laws of the state; or

      b.   In a resolution authorizing revenue bonds; or

      c.   In any agreement by the county relating to revenue bonds; and

    (2)   Compel the performance of all duties required by:

      a.   This article; or

      b.   A resolution authorizing revenue bonds; or

      c.   Any agreement by the county relating to revenue bonds, in accordance with law.

**Sec. 20-54.  Credit of county not pledged.**

  (a)   Revenue bonds are not indebtedness of the county within the meaning of the Charter and do not constitute a pledge of the full faith and credit of the county.

  (b)   All revenue bonds must contain a statement on their face to the effect that the full faith and credit of the county is not pledged to pay their principal, interest, or premium, if any.

### Article X. Spending Affordability-Capital Budgets.

**Sec. 20-55.  Definitions.**

  In this Article, the following terms have the meanings indicated:

  (a)   "Aggregate capital budget" means all capital budgets approved by the County Council.

  (b)   "Capital improvements program" means the comprehensive 6-year program for capital improvements submitted by the County Executive to the County Council under Section 302 of the Charter.

  (c)   "Council" means the County Council sitting as a spending affordability committee under Section 305 of the Charter.

**Sec. 20-56.  Establishment of Guidelines.**

  (a)   General.  The Council must adopt spending affordability guidelines for the aggregate capital budget under this Article.

  (b)   Content.  The guidelines for the aggregate capital budget must specify the:

    (1)   total general obligation debt issued by the County that may be planned for expenditure in the first fiscal year under the capital improvements program;

    (2)   total general obligation debt issued by the County that may be planned for expenditure in the second fiscal year under the capital improvements program;

    (3)   total general obligation debt issued by the County that may be approved under the 6-year capital improvements program;

    (4)   total amount of debt, except refunding bonds, issued by the Maryland-National Capital Park and Planning Commission that may be planned for expenditure in the first fiscal year under the capital improvements program for projects in the County;

    (5)   total amount of debt, except refunding bonds, issued by the Maryland-National Capital Park and Planning Commission that may be planned for expenditure in the second fiscal year under the capital improvements program for projects in the County; and

    (6)   total amount of debt, except refunding bonds, issued by the Maryland-National Capital Park and Planning Commission for projects in the County that may be approved under the 6-year capital improvements program.

  (c)   Procedures.

    (1)   The Council must adopt spending affordability guidelines for the aggregate capital budget, by resolution, not later than the first Tuesday in October in each odd-numbered calendar year.

    (2)   The council must hold a public hearing before it adopts guidelines under paragraph (1).

    (3)   The Council may delegate responsibility for monitoring relevant affordability indicators to its standing committee with jurisdiction over spending affordability matters.

    (4)   Not later than the first Tuesday in February of each year, the Council may, subject to paragraph (5), amend the resolution establishing the guidelines to reflect a significant change in conditions.  An amendment may alter a guideline by either an upward or downward adjustment in dollar amount.

    (5)   Any upward adjustment of a dollar amount under paragraph (4) for a guideline required by subsection (b)(1), (b)(2), (b)(4), or (b)(5) must not exceed 10%.

**Sec. 20-57.  Affordability Indicators.**

  In adopting its guidelines, the Council should consider, among other relevant factors:

  (a)   the growth and stability of the local economy and tax base;

  (b)   criteria used by major rating agencies related to creditworthiness, including maintenance of a "AAA" general obligation bond rating;

  (c)   County financial history;

  (d)   fund balances;

  (e)   bonded debt as a percentage of the full value of taxable real property;

  (f)   debt service as a percentage of operating expenditures;

  (g)   the effects of proposed borrowing on levels of debt per-capita, and the ability of County residents to support such debt as measured by per-capita debt as a percentage of per-capita income;

  (h)   the rate of repayment of debt principal;

  (i)   availability of State funds for County capital projects;

  (j)   potential operation and maintenance costs relating to debt financed projects; and

  (k)   the size of the total debt outstanding at the end of each fiscal year.

**Sec. 20-58.  Approval of Capital Budgets.**

  Any aggregate capital budget that exceeds the spending affordability guidelines in effect after the first Tuesday in February requires the affirmative vote of 8 councilmembers for approval.

### Article XI. Spending Affordability-Operating Budgets.

**Sec. 20-59.  Definitions.**

  In this Article, the following terms have the meanings indicated:

  (a)   "Operating budget" means the total amount appropriated from current operating revenues for the ensuing fiscal year, including any current revenue funding for capital projects.

  (b)   "Aggregate operating budget" means the operating budget, minus any amounts appropriated for:

    (1)   enterprise funds;

    (2)   the Washington Suburban Sanitary Commission;

    (3)   expenditures equal to tuition and tuition-related charges estimated to be received by Montgomery College; and

    (4)   any grant which can only be spent for a specific purpose and which cannot be spent until receipt of the entire amount of revenue is assured from a source other than County government.

  (c)   "Council" means the County Council.

**Sec. 20-60.  Adoption of Guidelines.**

  (a)   General.  The Council must adopt spending affordability guidelines for the operating budget in accordance with this Article.

  (b)   Content.  The spending affordability guidelines for the operating budget must specify:

    (1)   a ceiling on funding from ad valorem real property tax revenues; and

    (2)   a ceiling on the aggregate operating budget.

  (c)   Procedures.

    (1)   The Council must adopt spending affordability guidelines for the operating budget by resolution not later than the second Tuesday in February of each year.

    (2)   The Council must hold a public hearing before it adopts the guidelines under paragraph (1).

    (3)   The Council may delegate responsibility for monitoring relevant affordability indicators to the Council’s standing committee with jurisdiction over spending affordability matters.

**Sec. 20-61.  Affordability Indicators.**

  (a)   Factors. In adopting guidelines, the Council should consider, among other relevant factors, the condition of the economy, the level of economic activity in the County, trends in personal income, and the impact of economic and population growth on projected revenues.

  (b)   Advice. To assist the Council in adopting guidelines, the Finance Director must each January, and at other times as necessary, consult with independent experts, who need not be County residents, from major sectors of the County economy.  The experts should advise on trends in economic activity in the County and how activity in each sector of the economy may affect County revenues.  The Director must report the experts’ views, if any are received, to the Executive and Council.

**Sec. 20-62.  Approval of Aggregate Operating Budget.**

  Any aggregate operating budget that exceeds the ceiling on the aggregate operating budget adopted under Section 20-60(c) requires the affirmative vote of 8 Councilmembers for approval.

**Sec. 20-63.  Recommended Budget Allocations.**

  (a)   Applicability.  For each fund or budget included in the aggregate operating budget, in the resolution adopted under Section 20-60(c)(1) the Council must adopt separate budget allocations for County government, the Board of Education, Montgomery College, and the Maryland-National Capital Park and Planning Commission, and for debt service and current revenue funding of capital projects.

  (b)   Expenditure Reductions.  If a budget submitted to the County Council exceeds a budget allocation adopted under subsection (a), the County Executive (for the County government budget) and the governing board of the agency that prepared the budget must recommend by March 31:

    (1)   prioritized expenditure reductions that would be necessary to comply with the adopted budget allocation; and

    (2)   a summary of the effect on the agency’s program of the recommended prioritization.

  (c)   Added Information.  If the Executive or an agency submits a proposed amendment to the operating budget to the Council after the Executive has submitted the annual budget, and the proposed amendment would cause the budget for County government or the agency to exceed the budget allocation adopted under subsection (a), the Executive or the respective agency must include with the amendment the information required in subsection (b).

### Article XII. Revenue Stabilization Fund.

**Sec.  20-64.  Findings and declaration of purpose.**

  Montgomery County, along with the State of Maryland and its other political subdivisions, has recently experienced substantial funding shortfalls.  The State, in order to allow its political subdivisions greater budgetary and fiscal flexibility in addressing those shortfalls, has authorized political subdivisions to establish "rainy day" or reserve accounts to accommodate future funding shortfalls.

  It is in the best interest of the citizens of the County that a Revenue Stabilization Fund provide the County with greater budgetary and fiscal flexibility to address funding shortfalls.

  The Revenue Stabilization Fund created in this Article is designed to accrue a balance during periods of economic growth and prosperity, when revenue collections exceed estimates.  The Fund may be drawn upon during periods of economic slowdown, when collections fall short of revenue estimates.

**Sec. 20-65.  Definitions.**

  In this Article the following terms have the following meanings, unless the context clearly indicates a different meaning:

  Actual total revenues means the combined total of income tax, real property transfer tax, recordation tax, and investment income, as reported in the County’s annual financial report.

  Adjusted Governmental Revenues means tax-supported County Governmental Funds revenues, plus revenues of the:

  (1)   County Grants Fund;

  (2)   County Capital Projects Fund;

  (3)   tax supported funds of the Montgomery County Public Schools, not including the County’s local contribution;

  (4)   tax supported funds of Montgomery College, not including the County’s local contribution; and

  (5)   tax supported funds of the Montgomery County portion of the Maryland-National Capital Park and Planning Commission.

  Director means the Director of the Department of Finance.

  Excess revenue means the amount, if positive, by which actual total revenues from the income tax, real property transfer tax, recordation tax, and investment income of the General Fund for the fiscal year exceed the original projections for these amounts.

  Fund means the Revenue Stabilization Fund created under this Article.

  General Fund means the general operating fund of the County which is used to account for all revenues and expenditures, except revenues and expenditures required to be accounted for in another fund.

  Income tax means the County income tax imposed under state law.

  Investment income of the General Fund means income derived from the investment of revenues from the General Fund.

  Original projection means the projection of total General Fund revenues for the next fiscal year approved by the County Council in the “Schedule of Revenue Estimates and Appropriations” resolution or any similar resolution.

  Real property transfer tax means the tax imposed under Sections 52-19 et. seq.

  Recordation tax means the tax imposed under Sections 12-101 et. seq., Tax-Property Article,  Maryland Code.

  Revised forecast means any revised projection of total General Fund revenues for the next fiscal year prepared by the Department of Finance.

  Total reserve means the sum of the reserve in the Fund plus the Unrestricted General Fund Balance.

  Unrestricted General Fund Balance means the residual portion of the General Fund fund balance that has not been reserved, restricted, or encumbered for later year’s expenditures.

**Sec. 20-66.  Revenue Stabilization Fund.**

  (a)   The Director may establish a Revenue Stabilization Fund to support appropriations which have become unfunded.

  (b)   The Fund is continuing and non-lapsing.

  (c)   The Fund is in addition to any surplus that is accumulated under Section 310 of the County Charter.

**Sec. 20-67.  Reserved.**

**Sec. 20-68.  Mandatory contributions to Fund.**

  The mandatory annual contribution to the Fund must equal the greater of:

  (a)   50 percent of any excess revenue; or

  (b)   an annual amount equal to the lesser of 0.5 percent of the Adjusted Governmental Revenues or the amount needed to obtain a total reserve of 10 percent of the Adjusted Governmental Revenues.

**Sec. 20-69.  Discretionary contributions to Fund.**

  The County Executive may recommend and the County Council may by resolution approve additional contributions to the Fund.

**Sec. 20-70.  Transfer of contributions.**

  The Director must transfer the mandatory contributions required by Section 20-68 and any discretionary contributions under Section 20-69 from the General Fund to the Fund at the end of each fiscal year.

**Sec. 20-71.  Interest.**

  All interest earned on the Fund must be added to the Fund.

**Sec. 20-72.  Use of Fund.**

  By an affirmative vote of 7 Councilmembers, the Council, after holding a public hearing, reviewing relevant economic indicators, and seeking the recommendation of the Executive, may transfer any amount from the Fund to the General Fund to support appropriations which have become unfunded.

### Article XIII. Economic Development Fund.

**Sec. 20-73.  Fund created.**

  (a)   The Director of the Department of Finance must create an Economic Development Fund.  This Fund is continuing and non-lapsing.

  (b)   The Fund consists of:

    (1)   all funds appropriated to it by the County Council;

    (2)   all payments on any loan from the Fund;

    (3)   all interest earned on funds in the Fund; and

    (4)   all funds received from any other public or private entity.

**Sec. 20-74.  Purpose of Fund.**

  (a)   The purpose of the Fund is to aid the economic development of the County by assisting private employers who are located or plan to locate or substantially expand operations in the County.

  (b)   Assistance to a private employer from this Fund may take the form of:

    (1)   loans or grants of public funds as otherwise authorized by law;

    (2)   transfers of real or personal property as otherwise authorized by law;

    (3)   provision of services, when otherwise authorized, by a County agency;

    (4)   plans, studies, or other technical assistance; or

    (5)   an equity investment as authorized by Section 20-75A.

  (c)   As used in this Article, "private employer" means any for-profit or nonprofit corporation or firm that is not owned, primarily funded, or controlled by a government agency.  "Private employer" includes a lessor or supplier of real or personal property or services to a government agency.

**Sec. 20-75.  Use of Fund.**

  (a)   The Director may spend or allocate funds from this Fund consistent with the economic development strategic plan approved under Section 15A-4A, including the following criteria:

    (1)   the proposed assistance will materially improve the County’s economy and advance County economic development objectives and strategies; or

    (2)   the assistance is necessary to:

      (A)   bring a significant number of new jobs to the County;

      (B)   add a significant number of new jobs to an existing operation in the County;

      (C)   retain a significant number of jobs at an existing operation in the County or

      (D)   respond to other economic development objectives.

  (b)   The Director must provide the Council with all fiscal analyses and other supporting documents for any proposed offer of assistance to a private employer valued at more than $100,000.  The supporting documents must include:

    (1)   the name, industry, location, employee compensation profile, and estimated current and future taxes paid by the prospective recipient;

    (2)   the estimated employment and tax revenue gains resulting from the proposed assistance;

    (3)   each assumption, variable, and model used to generate estimates of employment and tax revenue gains;

    (4)   the number of new residents estimated to move into the County resulting from gains in employment by the proposed recipient;

    (5)   the number and cost of new students estimated to enroll in County public schools;

    (6)   an analysis of how the proposed assistance supports the overall goals of the economic development strategy; and

    (7)   offers, if any, made by or expected from other competing jurisdictions.

  (c)   The Executive must notify the Council at least 5 working days before the Executive tentatively offers assistance valued at more than $100,000 to a private employer, including all fiscal analyses and other supporting documents described in subsection (b).  During a Council recess of one week or longer, the Executive must notify the Council at least 10 working days before the Executive tentatively offers assistance valued at more than $100,000 to a private employer.  If during either notice period the Council President notifies the Executive that more time is necessary for the Council to review the tentative offer, the Executive must wait an additional 5 working days (or 10 working days during a Council recess) before making a tentative offer of assistance to the private employer.

  (d)   The Executive must not provide assistance to a private employer valued at more than $500,000 unless the grant, loan, or equity investment is approved by the Council in a special or supplemental appropriation.  The amount of any discount from market value in the sale of County property offered as part of the assistance must be included in the value of assistance.  The Executive must submit an economic development agreement to the Council within 60 days after all parties to the agreement execute it.

  (e)   The notice required under subsection (c) must also specify the proposed terms of any assistance offered, including any repayment provisions.

  (f)   Except as provided in subsection (h), the terms and conditions of any assistance from the Fund:

    (1)   must be specified in a written agreement between the County and the recipient; and

    (2)   except to the extent expressly inconsistent with any other federal, state, or County law, must:

      (A)   require the recipient to meet certain eligibility criteria and, if applicable, performance criteria specified in the offer of assistance;

      (B)   grant the Director the right to audit or monitor the recipient’s compliance with the terms and conditions of assistance;

      (C)   require periodic reports, if applicable, from the recipient;

      (D)   prohibit the use of assistance from the Fund for unauthorized purposes; and

      (E)   provide remedies for the County, including the repayment of assistance, if the recipient:

        (i)   uses the assistance for an unauthorized purpose;

        (ii)   fails to meet eligibility criteria and, if applicable, performance criteria specified in the written agreement; or

        (iii)   otherwise breaches the written agreement.

  (g)   Each recipient of assistance from the fund, or of any other economic development financial assistance provided by the County, that cumulatively exceeds $500,000 and is designated for construction, must meet the prevailing wage requirements of Section 11B-33C for each employee (including an employee of a contractor or subcontractor) performing direct and measurable work on the construction for which the assistance is received.  In addition to any repayment requirement under this Section, the enforcement provisions of Section 11B-33C(i) apply to noncompliance with this requirement by a recipient of economic development assistance.

  (h)   The requirements of subsection (f) do not apply to assistance from the Fund if the Director determines that the assistance program does not require program recipients to comply with any terms or conditions after receipt of the assistance.

**Sec. 20-75A. Equity investments.**

  (a)   Subject to Section 20-75, the County may make an equity investment through the Economic Development Fund in a company that is located in the County or that agrees to relocate its business to the County.

  (b)   The proceeds of an equity investment made under subsection (a) may be used for:

    (1)   working capital;

    (2)   salaries;

    (3)   marketing materials;

    (4)   acquisition of inventory, equipment, or real property;

    (5)   construction;

    (6)   renovation;

    (7)   leasehold improvements; or

    (8)   research and development.

  (c)   The County may not acquire an ownership interest exceeding 25% of any company.

  (d)   The terms of an equity investment must be set forth in a funding agreement that prohibits the County from:

    (1)   participating in the selection of the management of the company;

    (2)   overseeing the operation of the company; and

    (3)   assuming any present or future liability of the company.

  (e)   A funding agreement may be:

    (1)   an investment agreement;

    (2)   a limited partnership agreement;

    (3)   a preferred stock purchase agreement; or

    (4)   other documents that the County may require.

  (f)   The Director of Finance must:

    (1)   record the value of the equity investment in the County’s Financial Statements consistent with Generally Accepted Accounting Principles;

    (2)   manage all equity investments acquired in accordance with the funding agreement and State and County law; and

    (3)   post notice of each equity investment made under this Section in a readily accessible and clearly identified location on the County website within 5 days after the date on which the County initiates the equity investment transaction.

  (g)   If an equity investment is liquidated through a sale or other disposition, the proceeds must be deposited in the County’s general fund.

**Sec. 20-76.  Economic Development Fund Administration.**

  (a)   The Executive may adopt Regulations under method (1) to administer the Economic Development Fund.

  (b)   The Executive must report by March 15 each year on the status and use of the Fund.  This report can be included in the Executive’s proposed operating budget. The annual report must:

    (1)   describe the success of each award of financial assistance in satisfying the economic development goals supporting the assistance;

    (2)   identify any assistance agreement where the recipient did not satisfy the performance criteria in the agreement; and

    (3)   track the progress of the Fund in satisfying the overall goals of the approved economic development strategic plan.

  (a)   analyze the County’s economic development structure;

  (b)   compare the County’s structure with peer jurisdictions;

  (c)   identify and analyze different alternative government and non-government entities that could perform each core function of economic development;

  (d)   determine the total amount of public and private money spent in each peer jurisdiction to achieve current levels of service; and

  (e)   recommend changes, if appropriate, to the County’s structure.

**Sec. 20-76A. Investment Incentive Tax Credit Supplement.**

  (a)   The Director of Finance must pay, subject to appropriation, a Biotechnology Investment Incentive Tax Credit Supplement to each applicant who meets certain eligibility standards.

  (b)   An applicant, who need not be a County resident, is eligible to receive the Supplement if:

    (1)   the applicant has been designated as a qualified investor under state law and has received a final tax credit certificate for the Maryland biotechnology investment incentive tax credit for the preceding calendar year; and

    (2)   the tax credit received by the applicant was generated by an investment in a qualified Maryland biotechnology company, as defined in state law, that has its headquarters and base of operations in the County.

  (c)   The County Executive, by regulations issued under Method (1), may impose other eligibility standards.  However, those standards must not make any person ineligible to receive the Supplement who would be eligible under subsection (b).

  (d)

    (1)   The Supplement paid to each eligible applicant must equal the product of:

      (A)   the amount of the credit received by the applicant under the State Biotechnology Investment Tax Credit Program, divided by the total amount of credits received by all Montgomery County biotechnology companies under the State Biotechnology Investment Tax Credit Program during the preceding calendar year; and

      (B)   the total amount of funds appropriated to the Supplement Program for that fiscal year.

    (2)   The Supplement paid to any recipient must not exceed:

      (A)   50% of the State tax credit that recipient receives from the Maryland Biotechnology Investment Tax Credit Program in the preceding calendar year; or

      (B)   15% of the total annual appropriation for the Supplement program.

  (e)   The Director must request from the Comptroller of the Treasury and Department of Business and Economic Development, by January 15 of each year, a list of each qualified investor for a qualified Maryland biotechnology company that was issued a final credit certificate during the preceding calendar year in order to calculate the Supplement paid under subsection (d), and may take any other action necessary to administer the Supplement.  The Executive may issue regulations under Method (1) to implement this Section.

  (f)   If the Comptroller of the Treasury agrees, the Director may arrange for the Comptroller to pay the Supplement on behalf of the County.  To the extent that the Comptroller does not pay the supplement, the Director must pay it directly to each recipient.

  (g)   A person who submits a false or fraudulent application, or withholds material information, to obtain a payment under this Section has committed a Class A violation. In addition, the person must repay the County for all amounts improperly paid and all accrued interest and penalties that would apply to those amounts as if they were overdue taxes.  A person who violates this Section is liable for all court costs and expenses of the County in any civil action brought by the County to recover any payment, interest, or penalty. The County may collect any amount due, and otherwise enforce this Section, by any appropriate legal action.

  (h)   If all or part of the allowed state tax credit is recaptured under the applicable state law, the recipient must repay the County within 60 days the portion of any Supplement paid by the County that was based on the recaptured credit.

**Sec. 20-76B. Small Business Assistance Program.**

  (a)   Definitions.  As used in this Section:

    Adverse impact means a loss of revenue resulting from a redevelopment project.

    Director means the Director of the Department of Finance.

    Enterprise zone means an area designated under Maryland Code, Economic Development Article, Section 5-704 or any successor provision.

    Fund means the Economic Development Fund established in Section 20-73.

    Program means the Small Business Assistance Program.

    Redevelopment project means any construction, alteration, or improvement in an urban renewal area or enterprise zone where the existing land use is commercial or industrial and is:

    (1)   located on property owned by the County; or

    (2)   financed in whole or part by the County.

    Small business means a privately owned business that meets the requirements of Section 11B-65(a).

    Technical assistance means training directly related to operating a small business provided by an educational institution or a non-profit organization approved by the Director.

    Urban renewal area means an area of the County as defined in Section 56-9(f).

  (b)   Establishment of Program. Subject to appropriation, the Director must create and administer a Small Business Assistance Program to assist small businesses who are adversely impacted by a redevelopment project.

  (c)   Eligibility. The Director, based upon information submitted by the applicant for assistance, must find that:

    (1)   the applicant is the owner of an existing small business located near an ongoing or future redevelopment project that is planned to begin construction in less than 12 months after the application;

    (2)   the applicant’s small business is currently or is likely to be adversely impacted by the redevelopment project; and

    (3)   the applicant’s small business is financially healthy and likely to continue operating for the foreseeable future.

  (d)   Conditions. The Director may impose reasonable conditions on a small business, including the successful completion of approved technical assistance training, in order to receive financial assistance from the Fund under the Program.

  (e)   Financial assistance. The Director may award a grant or loan from the Fund to an eligible small business under the Program.

  (f)   Regulations. The Executive must adopt method 2 regulations to implement this Section.  The regulations must:

    (1)   require the Director to compile and maintain a list of approved technical training courses on the appropriate website;

    (2)   specify the application procedures and eligibility criteria for a grant or loan to a small business under the Program;

    (3)   specify conditions that the Director may impose on a small business in order to receive financial assistance from the Fund under the Program;

    (4)   define what constitutes an adverse impact on a small business;

    (5)   define what constitutes financial health of a small business; and

    (6)   identify outreach methods and marketing strategies to inform local small businesses of the program.

  (g)   Reports. On or before March 31 of each year, the Executive must report to the Council on the activities of the Program.  The report must include:

    (1)   the number of small businesses participating in the Program;

    (2)   the number and dollar amount of grants and loans made; and

    (3)   an evaluation of the impact of each grant or loan on the operation of the small business.

**Sec. 20-76C.  Green Investor Incentive Program.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    Green product or service means a product or service that measures, prevents, limits, minimizes, or corrects environmental damage to water, air, or soil, as well as problems related to waste, ecosystems, biodiversity, habitat or natural resource depletion.  All claims related to environmental attributes, as applicable, for a product or service, must conform to guidelines published by the Federal Trade Commission or other appropriate entity designated by the Director of Environmental Protection.

    Investment means the contribution of money in cash or cash equivalents expressed in United States dollars, at a risk of loss, to a qualified green company in exchange for stock, a partnership or membership interest, or other ownership interest in the equity of the qualified green company, title to which ownership interest vests in the qualified investor but does not include debt.

    Qualified green company means any entity of any form duly organized and existing under the laws of any jurisdiction for the purpose of conducting business for profit, excluding a sole proprietorship, that:

    (1)   develops an innovative, new to the market, technology, or a unique combination of technologies, available only from that company, which adds significant value to a green product or service or is engaged in research or development of a such technology or technologies; and

    (2)   implements a sustainable operation as verified by a third party.

    Qualified investor means any individual or entity that invests at least $25,000 in a qualified green company and that is required to file an income tax return in any jurisdiction.  Qualified investor does not include:

    (1)   a qualified pension plan, individual retirement account, or other qualified retirement plan under the Employee Retirement Income Security Act of 1974, as amended, or fiduciaries or custodians under such plans, or similar tax-favored plans or entities under the laws of other countries;

    (2)   an individual or entity that has an ownership interest in the qualified green company other than from a previous investment, which previous investment by itself or with the additional investment does not create a 25% or greater equity holding by the qualified investor in the qualified green company; or

    (3)   an individual or entity deriving any financial benefit, including salary or other compensation, from the qualified green company in which the qualified investor makes an investment.

    Sustainable operation means an organization validated by a third party under one of the following:

    (1)   Montgomery County Green Business Certification Program, as certified by the Department of Environmental Protection;

    (2)   B Corp Certification from B Lab;

    (3)   Green America Gold Certification;

    (4)   Green Seal Certification;

    (5)   International Organization for Standardization ISO 14001 Certification; or

    (6)   any other third party validation approved by the Department of Environmental Protection.

  (b)   Incentive Payment.  The Director of Finance must pay, subject to the amount of the annual appropriation in that fiscal year, an incentive payment to each qualified investor who meets certain eligibility standards.

  (c)   Eligibility standards.  A qualified investor, who need not be a County resident, is eligible to receive the incentive payment if the qualified investor invests in a qualified green company that:

    (1)   has its headquarters and base of operations in the County; or

    (2)   has signed a lease for at least 5 years to open a qualified green company with its headquarters and base of operations in the County; and

    (3)   has been in business for less than 10 years and employs less than 50 people and does not have its securities publicly traded on any exchange.

  (d)   Additional eligibility standards.  The County Executive, by Method 2 regulation, may impose other eligibility standards.  However, those standards must not make any person ineligible to receive the incentive payment who would be eligible under subsection (c).

  (e)   Ineligible investments.  An investor must not receive an incentive payment for:

    (1)   the installation of any geothermal, or solar photovoltaic, or similar system; or

    (2)   any building green or energy efficiency improvement.

  (f)   Amount of incentive payment.  The incentive payment made, subject to the amount of the annual appropriation in that fiscal year, to each qualified investor must equal the amount of the investment made by the qualified investor, divided by the total amount of investments made by all qualified investors in the same calendar year, multiplied by the total amount of funds appropriated for the green investor incentive program in that year.  The incentive program made to any qualified investor in any single fiscal year must not exceed the lesser of:

    (1)   50% of the investment made by the qualified investor in that fiscal year;

    (2)   15% of the total annual and supplement appropriation for the green investor incentive program in that fiscal year; or

    (3)   $50,000.

  (g)   In order to calculate the amount of the incentive payment to be made to a qualified investor under Subsection (f), the Director of the Department of Finance must, by January 15 of each calendar year, compile a list of each qualified investor making an investment in a qualified green company and the amount of that investment during the preceding calendar year.  This list must be determined using the applications and any supporting documents qualified investors submit.  The Director may take any other action necessary to administer the incentive payment.  The Executive may issue regulations under Method (2) to implement this Section.

  (h)   Application required.  The Director of the Department of Finance must require each qualified investor to submit an application for the incentive payment and may take any other action necessary to administer the incentive payment.  The Executive may issue regulations under Method (2) to specify an application process and otherwise implement this Section.

  (i)   Fraudulent applications.  A person who submits a false or fraudulent application, or withholds material information, to obtain an incentive payment under this Section has committed a Class A violation.  In addition, the person must repay the County for all amounts improperly paid and all accrued interest and penalties that would apply to those amounts as if they were overdue taxes.  A person who violates this Section is liable for all court costs and expenses and reasonable attorney's fees of the County incurred in any civil action brought by the County to recover any payment, interest, or penalty.  The County may collect any amount due, and otherwise enforce this Section, by any other appropriate legal action.

**Sec. 20-76D. Cybersecurity Investment Incentive Tax Credit Supplement.**

  (a)   The Director of Finance must pay, subject to appropriation, a Cybersecurity Investment Incentive Tax Credit Supplement to each Qualified Investor who meets certain eligibility standards.

  (b)   An individual or entity is a Qualified Investor eligible to receive the Supplement if:

    (1)   the individual or entity has been designated as a qualified investor under state law and has received a final tax credit certificate for the Maryland cybersecurity investment incentive tax credit for the preceding calendar year; and

    (2)   the tax credit received by the individual or entity was generated by an investment in a qualified Maryland cybersecurity company, as defined in state law, that has its headquarters and base of operations in the County.

  (c)   The County Executive, by regulations issued under Method (1), may impose other eligibility standards.  However, those standards must not make any Qualified Investor ineligible to receive the Supplement who would be eligible under subsection (b).

  (d)

    (1)   The Supplement paid to each Qualified Investor must equal the product of:

      (A)   the amount of the credit the Qualified Investor received under the State Cybersecurity Investment Tax Credit Program, divided by the total amount of credits all Montgomery County individuals and entities received under the State Cybersecurity Investment Tax Credit Program during the preceding calendar year; and

      (B)   the total amount of funds appropriated to the Supplement Program for that fiscal year.

    (2)   The Supplement paid to any Qualified Investor must not exceed:

      (A)   50% of the State tax credit that the individual or entity receives from the  Maryland Cybersecurity Investment Tax Credit Program in the preceding calendar year; or

      (B)   15% of the total annual appropriation for the Supplement program.

  (e)   The Director of Finance must request from the Comptroller of the Treasury and Maryland Department of Commerce, by April 30 of each year, a list of each Qualified Investor who:

    (1)   invested in a qualified Maryland cybersecurity company headquartered and based in Montgomery County; and

    (2)   was issued a final credit certificate by the State during the preceding calendar year.

  (f)   If the Comptroller of the Treasury agrees, the Director of Finance may arrange for the Comptroller to pay the Supplement on behalf of the County.  To the extent that the Comptroller does not pay the supplement, the Director must pay the supplement within 60 days after receiving this list to each Qualified Investor.

  (g)   An individual or entity who submits a false or fraudulent application, or withholds material information, to obtain a payment under this Section has committed a Class A violation.  In addition, the individual or entity must repay the County for all amounts improperly paid and all accrued interest and penalties that would apply to those amounts as if they were overdue taxes.  An individual or entity who violates this Section is liable for all court costs and expenses of the County in any civil action brought by the County to recover any payment, interest, or penalty.  The County may collect any amount due, and otherwise enforce this Section, by any appropriate legal action.

  (h)   If all or part of the allowed state tax credit is recaptured under the applicable state law, the Qualified Investor must repay the County within 60 days the portion of any Supplement paid by the County that was based on the recaptured credit.

  (i)   The Executive may issue regulations under Method (1) to implement this Section.

**Sec. 20-76E. Small Business Innovation Research and Small Business Technology Transfer Matching Grant Program.**

  (a)   Definitions. As used in this Section:

    Director means the Director of Finance or the Director’s designee.

    Small Business Innovation Research Grant or SBIR means the congressionally-mandated set-aside program by that name for U.S. small businesses to engage in research and development that has a strong potential for commercialization.

    Small Business Technology Transfer Grant or STTR means the congressionally-mandated set-aside program by that name for U.S. small businesses to engage in research and development that has a strong potential for commercialization.

  (b)   Grant Program.  The Director of Finance must pay, subject to appropriation, a SBIR or STTR Matching Grant to each business who meets certain eligibility standards.

  (c)   Eligibility.  A business is eligible to receive the matching grant if the business:

    (1)   has been awarded a SBIR or STTR Phase I or Phase II grant during the current fiscal year to conduct research in medicine, biotechnology, or life sciences;

    (2)   conducts at least 51% of its research and development operations at a physical location in the County; and

    (3)   meets any other eligibility criteria established under subsection (d) regarding business size or characteristics.

  (d)   Regulations.  The Executive may adopt regulations under Method (2) to implement this Section.

  (e)   Administration.

    (1)   The Director must administer the Program.

    (2)   The Director must require a business to enter into an agreement under Section 20-75(f), including an agreement to pay back any grant payments received if:

      (A)   the business does not remain in the County for a minimum time period specified in the agreement; or

      (B)   the business uses the payment for an unauthorized purpose.

    (3)   An eligible business that does not receive a grant due to lack of available funding may be awarded a grant in the following year.

    (4)   The Director must report annually to the Council regarding demographic data, including the race, ethnicity, and gender of the owners of eligible businesses, applicants, and awardees under the Program.

  (f)   Sunset.  This Section is not effective after July 1, 2025.

**Sec. 20-76F. Public Health Emergency Grant Program.**

  (a)   Definitions.  As used in this Section:

  Director means the Director of the Department of Finance or the Director’s designee.

  Fund means the Economic Development Fund established under Section 20-73.

  Local business means a for-profit or non-profit entity that:

    (1)   has its principal place of business in the County; and

    (2)   employs 100 or less full-time-equivalent employees.

  Principal place of business in the County means a regular course of business commerce in the County by a business, along with any of the following:

    (1)   the business has its physical business location(s) only in the County; or

    (2)   the business has physical business locations both in and outside of the County, and the County-based location(s) account for over 50% of the business’s total number of employees, or over 50% of the business’s gross sales.

  Public health emergency means a situation caused by the spread of a communicable disease in the County that results in a Federal, State, or County state of emergency order restricting business operation in the County.

  Program means the Public Health Emergency Grant Program established under this Section.

  Restaurant means any lunchroom, café, or other establishment located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public, and outfitted with a public dining area. A restaurant includes a business with a license to serve alcoholic beverages for consumption on its premises.

  Retail storefront establishment means a business engaged in the retail sale of goods or services to the public from a physical location in the County. Retail establishment includes a convenience store, shop, hair salon, barber shop, food truck, or restaurant, and any other sales outlet where a customer can buy goods or services in person.

  (b)   Establishment of Program.  Subject to appropriation, the Director must create and administer a Public Health Emergency Grant Program to assist a local business that demonstrates significant financial loss caused directly or indirectly by a public health emergency.

  (c)   Eligibility.  The Director, based upon information submitted by the applicant for assistance, must find that:

    (1)   the applicant owns a local business; and

    (2)   the local business has suffered significant financial losses caused directly or indirectly by a public health emergency.

  (d)   Grant Agreement.  In order to receive financial assistance from the Fund under the Program, a local business must enter into a grant agreement with the County, which must include:

    (1)   the County’s right to audit financial records of the grantee;

    (2)   the grantee’s reporting obligations to the Director;

    (3)   the grantee’s obligation to remit to the County any unused or improperly used funds; and

    (4)   a certification by the applicant, under penalty of perjury, that the grant application and all documentation and statements in support of eligibility for funds are true and correct, and that the applicant understands that they may be prosecuted for any false statements made as part of the application.

  (e)   Financial assistance.

    (1)   The Director may award a grant from the Fund to an eligible local business under paragraph (c).

    (2)   The amount of a grant to a for-profit local business for financial losses during a public health emergency must not exceed $75,000.

    (3)   The amount of a grant to a non-profit local business for a reduction in earned operational revenue during a public health emergency must not exceed $75,000.

    (4)   The amount of a grant to a for-profit or a non-profit local business for the cost of purchasing technology equipment and software to facilitate employee teleworking during a public health emergency must not exceed $2,500.

  (f)   Guidelines for Grants.  A grant under paragraph (2) or (3):

    (1)   must be calculated by reviewing documentation of lost revenue and may be used for employee wages and benefits, taxes, debt, rent, or other operating losses;

    (2)   must require the repayment of County grant funds used for any expenses that have been reimbursed by the Federal or State governments;

    (3)   must not reimburse a business for losses that are reimbursed through an insurance policy purchased by the business; and

    (4)   must not reimburse a business for wages paid to an employee for a time period the employee is eligible for unemployment insurance benefits.

  (g)   Restaurant and Retail Storefront Establishment.  The Executive must reserve one-quarter of the funds appropriated for the public health emergency for local businesses that operate a restaurant or a retail storefront establishment.

  (h)   Regulations.  The Executive may adopt Method 2 regulations to implement this Section. The regulations must specify the application procedures and eligibility criteria for a grant to a local business under the Program.

  (i)   Outreach.  The Executive must designate an employee to lead an effort to notify local businesses throughout the County about this Program and other available government programs that may help with an economic recovery. The outreach should emphasize businesses located in hard to reach communities and assist businesses on how to apply for a grant or loan. The Executive may issue an emergency contract to retain one or more vendors to assist businesses located in hard to reach communities to maximize the emergency grant funds these local businesses receive.

  (j)   Reports.  On or before March 31 of each year, the Executive must report to the Council on the activities of the Program. The report must include:

    (1)   the number of local businesses participating in the Program;

    (2)   the number and dollar amount of grants made; and

    (3)   an evaluation of the impact of the Program on economic development within the County.

**Sec. 20-76G. Make Office Vacancy Extinct (MOVE) - Grant program.**

  (a)   Definitions. As used in this section:

    Business means any for-profit or nonprofit corporation or firm that is not owned, primarily funded, or controlled by a government agency.

    Director means the Director of the Department of Finance.

    Fund means the Economic Development Fund established in Section 20-73.

    Office space is a real estate location in a building leased and occupied by a business for a commercial purpose that is not for retail or a restaurant. Craft alcohol production companies such as breweries, cideries, distilleries, and wineries, whose primary use of the space is production are eligible despite their retail operations.

    Program is the Make Office Vacancy Extinct (MOVE) Grant Program established under subsection (b).

  (b)   Established. Subject to appropriation, there is hereby established the Make Office Vacancy Extinct (MOVE) Grant Program under the Economic Development Fund to support eligible businesses with the rental costs of locating, relocating or expanding office space in the County.

  (c)   Eligibility. An applicant is eligible to receive a MOVE grant, if the Director finds, based upon information submitted by the applicant that:

    (1)   the applicant is the owner of either a new business in the County; an existing business located in the County seeking to expand its office space within the County; or an existing business located outside the County seeking to relocate to the County;

    (2)   the applicant’s application for funds under this section is submitted within 180 days of the applicant signing a lease for office space in the County;

    (3)   the applicant’s lease is for not less than 3 years; and

    (4)   the applicant is not a sole proprietorship that primarily sells products underwritten by a third party.

Subject to availability of funds on a first come first served basis, an eligible applicant may receive funding for the amount of the lease but not to exceed $150,000.

  (d)   Regulations. The Executive must adopt method 1 regulations to implement this section. The regulations must:

    (1)   specify the application procedures and documentation required to prove eligibility for a grant to a business under the Program;

    (2)   specify conditions that the Director may impose on a business in order to receive financial assistance from the Fund under the Program;

    (3)   specify an amount or rate for calculating what amount eligible businesses will qualify for each fiscal year; and

    (4)   identify outreach methods and marketing strategies to inform businesses of the Program.

  (e)   Reports. On or before March 31 of each year, the Director must report to the Council on the activities of the Program. The report must include:

    (1)   the number of businesses participating in the Program;

    (2)   the dollar amount of grants made;

    (3)   an analysis of how the calculation of the amount or rate of each grant has kept up with inflation and other market considerations;

    (4)   an evaluation of the impact of each grant on the operation of the business; and

    (5)   how the program is advancing economic development in the County.

**Sec. 20-76H. Remedies for Fraudulent Applications or Misuse of Funds.**

  (a)   The remedies under this Section supplement any other remedy available under the law, including any remedy under Section 20-75(f)(2).

  (b)   A person who submits a false or fraudulent application, or withholds material information, to obtain assistance under this Article has committed a Class A violation.

  (c)   A person who violates Subsection (b), or who uses assistance from the Fund for an unauthorized purpose under Section 20-75(f), is liable for all court costs and expenses and reasonable attorney’s fees incurred by the County to recover any payment, interest, or penalty.

### Article XIV. Working Families Income Supplement.

**Sec. 20-77. Payment of Supplement.**

  The Director of Finance must pay each resident who meets certain eligibility standards a Working Families Income Supplement.  If the Comptroller of the Treasury agrees, the Director may arrange for the Comptroller to pay the Supplement.  To the extent that the Comptroller does not pay the supplement, the Director must pay it directly to each eligible resident.

**Sec. 20-78. Eligibility.**

  (a)   A person is eligible to receive the Working Families Income Supplement if the person is eligible to receive, and has applied for:

    (1)   the federal earned income tax credit, or any successor federal income tax credit; or

    (2)   the analogous state refundable earned income credit.

  (b)   The County Executive, by regulations issued under Method (1), may adopt other eligibility standards.  However, those standards must not make any person ineligible to receive the Supplement who would be eligible under subsection (a).

**Sec. 20-79. Amount of Supplement.**

  (a)   Subject to subsection (b), the amount of the Working Families Income Supplement paid to each recipient must equal the amount of any refund the recipient receives from the State earned income credit program.

  (b)   The Council may approve a different amount in the annual operating budget by an affirmative vote of at least five Councilmembers.

  (a)   must equal 90% of any refund the recipient receives from the State earned income credit program in Fiscal Year 2015; and

  (b)   must equal 95% of any refund the recipient receives from the State earned income credit program in Fiscal Year 2016.

**Sec. 20-80. Improper Payments; False Statements.**

  A person who submits a false or fraudulent application, or withholds material information, to obtain a payment under this Article has committed a Class A violation.  In addition, the person must repay the County for all amounts improperly paid and all accrued interest and penalties that would apply to those amounts as if they were overdue taxes.  A person who violates this Section is liable for all court costs and expenses of the County in any civil action brought by the County to recover any payment, interest, or penalty.  The County may collect any amount due, and otherwise enforce this Article, by any appropriate legal action.

**Sec. 20-81. Administration; Regulations.**

  The Director may require each eligible person to submit an application for the Working Families Income Supplement, and may take any other action necessary to administer the Supplement.  The Executive may issue regulations under Method (1) to implement this Article.

### Article Xv. Renters’ Property Tax Relief Supplement.

**Sec. 20-82. Renters’ Property Tax Relief Supplement.**

  (a)   The Director of Finance must pay a Renters’ Property Tax Relief Supplement to each resident who qualifies to receive a payment under the State property tax relief program for renters established under Section 9-102 of the Tax-Property Article of the Maryland Code.

  (b)   For each taxable year, the Supplement to each eligible resident under this Section equals 50% of the State payment to the resident.

  (c)   The Director may require each eligible resident to submit an application for the Supplement, and may take any other action necessary to administer the Supplement.

  (d)   The County Executive may issue regulations under method (2) to administer this Supplement.

### Article Xvi. Payments to Service Providers.

**Sec. 20-83. Payment to providers of direct services to persons with developmental disabilities.**

  (a)   Definitions. In this Section:

    (1)   Developmental disability means developmental disability as defined in Section 7-101 of the Health - General Article of the Maryland Code.

    (2)   Direct service worker means an employee of a service provider that provides direct treatment or services to persons with developmental disabilities for at least 50 percent of their work hours.

    (3)   Service provider means an organization providing direct residential, meaningful day (including employment and community development services) or support services to clients through the Developmental Disabilities Administration of the Maryland Department of Health.

  (b)   Payment. Each year, to the extent that funds are appropriated, the Director of Finance must make a payment to each eligible service provider in recognition of the higher cost of living in Montgomery County compared to other parts of Maryland.

  (c)   Recommended amount of payment. The Director of Health and Human Services must, by February 1 of each year, recommend to the Executive and Council the amount of the payment, considering:

    (1)   the State reimbursement rates to service providers;

    (2)   the total cost of providing services, including wages; and

    (3)   the additional operating support needed to allow each service provider to pay direct service workers, on average, 125 percent of the County minimum wage.

  (d)   Eligibility for payment. To receive a payment under this Section, a service provider must:

    (1)   demonstrate to the Department of Health and Human Services that it pays direct service workers at a rate specified in the Council’s current operating budget resolution; and

    (2)   meet any other eligibility standards set in regulation.

  (e)   Regulations. The Executive may issue regulations under Method (2) to implement this Section.

### Article Xvii. Revenue Estimating Group.

**Sec. 20-84. Revenue Estimating Group.**

  (a)   Definitions. As used in this Section:

  Group means the Revenue Estimating Group established in this Section.

  Revenue means all funds received by the County, including:

    (1)   income tax;

    (2)   property tax;

    (3)   fuel energy tax;

    (4)   recordation tax;

    (5)   development impact tax;

    (6)   room rental and transient tax;

    (7)   telephone tax;

    (8)   any other tax receipts authorized under law;

    (9)   State grants;

    (10)   Federal grants;

    (11)   permit fees; and

    (12)   any other funds that are reasonably expected.

  (b)   Group established. There is a Revenue Estimating Group.

  (c)   Membership. The Group must include one or more representatives from the following departments and offices:

    (1)   Office of the Chief Administrative Officer;

    (2)   Department of Finance;

    (3)   Office of Management and Budget;

    (4)   County Council Central Staff; and

    (5)   Office of Legislative Oversight.

  (d)   Chair. The Director of Finance or the Director’s representative must be the chair.

  (e)   Duties. The Group must:

    (1)   review and analyze the attainment of revenue on a quarterly basis;

    (2)   develop revenue forecasts and any necessary revisions to those forecasts;

    (3)   develop a methodology to forecast revenue; and

    (4)   provide quarterly reports on revenue projections to the Executive and the Council each year on:

      (A)   February 15;

      (B)   May 15;

      (C)   September 15; and

      (D)   December 15.

  (f)   Staff. The Director of the Department of Finance and the Director of the Office of Management and Budget must provide staff support for the Group.

  (g)   Meetings. The Group must meet at least one time each quarter.

  (h)   Use. The Executive must use the Group’s revenue forecasts as a basis for the Executive’s recommended operating budget submitted to the Council each March 15.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 20A. Special Obligation Debt.

**Sec. 20A-1. Special Obligation Debt.**

  (a)

    (1)   In this section the following words have the meanings indicated.

    (2)   "Costs" means any expense necessary or incident to building, acquiring, or financing any public infrastructure improvement.

    (3)   "Development district" means a special taxing district or special assessment district that:

      (i)   is created to facilitate financing under this section for the costs of public infrastructure to serve proposed:

        1.   new development; or

        2.   redevelopment of commercial or industrial properties; and

      (ii)   the County Council designates as a development district.

  (b)   Subject to the limitations under this section, the County Council may enact a law to provide for the issuance of bonds or other obligations to finance the costs of public infrastructure for a development district for which the principal, interest, and any premium shall be paid from special taxes, assessments, fees, or charges collected by the County in the development district.

  (c)

    (1)   Bonds or other obligations issued under this section may not constitute a general obligation debt of the County or a pledge of the County's full faith and credit or taxing power.

    (2)   Bonds or other obligations issued under this section may be sold at a private negotiated sale and are not subject to Article 31, §§ 10 and 11 of the Annotated Code of Maryland.

    (3)   With the exception of § 312 of the County charter, bonds or other obligations issued under this section shall be subject to the provisions of that charter.

    (4)   This section may not be construed to limit the power of the County to create development districts or issue special obligation bonds or other obligations under any other applicable law.

    (5)   The bonds and any other evidences of obligation issued under this section, their transfer, the interest payable on them, and any income derived from them, including any profit realized on their sale or exchange, shall be exempt at all times from every kind and nature of taxation by the state or by any of its political subdivisions, municipal corporations, or public agencies of any kind.

  (d)

    (1)   Prior to the issuance of debt under this section, the County shall notify and consult with those organizations that rate the County's general obligation bonds in an effort to ensure, to the extent reasonably possible, that the County's general obligation bond ratings will not be adversely affected by the issuance of the special obligation debt.

    (2)

      (I)

        (II)   Except as provided under subparagraph (II) of this paragraph, bonds may not be issued under this section unless the County obtains a rating of investment grade for the bonds from at least one of the organizations that rate the County's general obligation bonds.

      (II)   An investment grade rating is not required for bonds that are sold to not more than 35 purchasers, each of whom certifies to the County and the participating underwriter that the purchaser:

        1.   has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and risks of investment in the bonds; and

        2.   is not purchasing for more than one account or with a view to distributing the bonds.

    (3)   Bonds or other evidences of indebtedness issued under this section shall be treated as securities to the same extent permitted for special obligation debt issued under Article 24, § 9-1301 of the Code.

  (e)

    (1)   Debt issued under this section:

      (i)   shall be used only to finance the costs of public infrastructure to serve the development district; and

      (ii)   shall be secured by revenues derived from the development district.

    (2)   This subsection does not prohibit the financing under this section of public infrastructure that also provides benefits to the general public.

  (f)

    (1)   Before the creation of a new development district established to finance special obligation debt under this section, the County Council shall provide public notice of the creation of the proposed district by advertisement in at least two newspapers of general circulation in the County and at least one public hearing.

    (2)   A new development district may not be created to finance special obligation debt under this section unless the proposed action is approved by:

      (i)   at least 80% of the owners of the real property located within the proposed development district, treating multiple owners of a single parcel as one owner and treating a single owner of multiple parcels as one owner; and

      (ii)   the owners of at least 80% of the assessed valuation of the real property located within the proposed development district.

  (g)   A law enacted by the County Council under this section:

    (1)   shall specify the types of infrastructure and related costs that may be financed;

    (2)   shall require:

      (i)   reasonable disclosure in the real estate contract to buyers of real property within a development district of any special assessment, special tax, or other fee or charge for which the buyer would be liable due to development district financing under this section.

      (ii)   that a seller's failure to provide the disclosure required under item (i) of this paragraph renders the contract voidable at the option of the buyer before the date of settlement; and

      (iii)   that adequate debt service reserve funds be maintained;

    (3)   may not allow:

      (i)   acceleration of assessments or taxes by reason of bond default; or

      (ii)   an increase in the maximum special assessments, special taxes, or other fees or charges applicable to any individual property in the event that other property owners become delinquent in the payment of a special assessment, special tax, or other fee or charge securing special obligation debt issued under this section; and

    (4)   may provide:

      (i)   for exemptions, deferrals, and credits; and

      (ii)   that a lien attaches to property within a development district to the extent of that property owner's obligation under any special obligation debt financing.

  (h)   A development district created for purposes of development district financing under this section shall terminate when all debt attributable to the development district is repaid.

  (i)   An encumbrance on property in a development district attributable to development district financing under this section shall:

    (1)   be recorded in the land records of the County; and

    (2)   have the same priority as County taxes under state and County law.

  (j)

    (1)   This subsection applies only to:

      (i)   a special ad valorem tax that is imposed to support special obligation debt under this section; and

      (ii)   an owner of land in the development district who:

        1.   did not approve of the creation of the district under subsection (f)(2) of this section; and

        2.   elects to defer special taxes under this section effective on the date of finality next following the creation of the development district.

    (2)   a person who is a successor in interest to an owner of land in the development district acquires the same rights and obligations under this subsection as the person's predecessor in title.

    (3)

      (i)   Payment of special ad valorem taxes under this section shall be deferred until a development plan or a plan of subdivision or resubdivision is approved.

      (ii)   the property owner and the County may agree to a payment schedule.

      (iii)   deferred special taxes shall be subject to the interest rate applicable by law to unpaid County property taxes for each year of the deferral.

      (iv)   provisions for the deferral under this subsection shall be included in the law enacted by the County Council.

  (k)   This section does not prohibit the County or the Montgomery County Planning Board from obtaining from developers appropriate infrastructure contributions to support proposed development as allowed by law in addition to those financed under this section.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 21. Fire and Rescue Services.

### Article I. Comprehensive Fire and Rescue Services.

**Sec. 21-1. Statement of policy; definitions.**

  (a)    Legislative intent. The County Council, under Section 101 of the County Charter, intends to assure adequate public safety, health and welfare through an integrated fire, rescue, and emergency medical services program that is highly competent, highly trained, efficiently delivered, equitably administered and is provided by County, local fire and rescue department, and volunteer personnel. This program is operated by the County and the local fire and rescue departments. The Council believes that the County government is ultimately responsible for assuring  public safety by providing fire, rescue and emergency services.  This program should provide maximum cost-effective performance; promote the County-wide public interest; account for service levels and resources like other public programs; fairly communicate and consider all views regarding these services; and consider past and plan for projected growth and development in the County and its public safety requirements. To achieve these objectives a combined system of public and private resources is essential.  The system includes:

    (1)   Delivery of fire, rescue and emergency medical services through the Montgomery County Fire and Rescue Service (MCFRS), including the local fire and rescue departments, under the authority of the Fire Chief or as otherwise provided by law.

    (2)   A coordinated policy and regulatory framework for the Montgomery County Fire and Rescue Service, including the local fire and rescue departments.

    (3)   A Standardized Incident Management System and an Integrated Emergency Command System which allow the integration of County and local fire and rescue department personnel and apparatus into County-wide, regional, State, and national emergency management plans.

The Council supports the delivery of fire, rescue and emergency services through the Montgomery County Fire and Rescue Service, including the local fire and rescue departments, operating under County policies and regulations implemented by the Fire Chief.  This partnership ensures that service is delivered within a County-wide context and preserves community-based perspectives of the local fire and rescue departments.  County officials, employees, volunteers, and local fire and rescue departments should actively encourage a combined service delivery system provided by local and County resources and promote equal opportunities and fair treatment for all personnel. The Council recognizes and respects the contributions of volunteers over many decades that have protected life and property in the County and provided vital and generous private support for an essential public activity. The Council acknowledges the years of volunteer effort, risk, and sacrifice; the time and money devoted to purchasing equipment, apparatus, and facilities; and the value to our community of opportunities for public service and fellowship. The County vigorously supports the continuation and expansion of volunteer participation to provide fire, rescue, and emergency medical services in the most cost-effective way and to encourage citizen participation in community activities.

  (b)    Purpose. This Chapter is intended to achieve the following goals for fire, rescue, and emergency medical services in the County:

    (1)   Maximum Protection for Life and Property. Provide maximum cost-effective, equitable, and responsive services to all County residents and visitors, including reasonable maximum response times, effective fire and rescue incident supervision, adequate staffing, effective distribution of personnel and apparatus, and timely adaptation to changing service needs. Ensure that all organizations and participants comprising the fire, rescue, and emergency medical services share the responsibility for continuously improving their effectiveness and efficiency.

    (2)   Maximum Volunteer Participation. Maintain and expand volunteer participation in fire, rescue, and emergency medical service operations and in policy-making.

    (3)   Optimum Personnel Practices. Promote equity and harmony among County, local fire and rescue department, and volunteer personnel; continually improve the capabilities of all personnel; effectively manage personnel; and achieve job performance and personal conduct of the highest caliber by County, local fire and rescue department, and volunteer personnel.

    (4)   Adequate Accountability. Account for service delivery, management practices, maintenance of all apparatus and facilities, and the use of public funds.

    (5)   Improved Operations and Administration. Minimize costs, including administrative overhead, apparatus, and other expenses; and effectively manage personnel, purchasing, maintenance, training, and other programs.

    (6)   Integration with Local, County-wide, regional, state, and national emergency management plans.  Plan and coordinate County fire, rescue, and emergency services with services provided by other government and private organizations to provide all needed services while minimizing duplication and conflict.

  (c)    Definitions.  As used in this Chapter, the following terms have the following meanings:

    Apparatus and facilities: all buildings and other real property, and all vehicles and vehicle equipment, owned in whole or in part by the County or a local fire and rescue department that are or can be used to provide fire, rescue, or emergency medical services.

    Commission: the Fire and Emergency Services Commission.

    Emergency medical services: emergency transportation, medical treatment, and related services.  Emergency medial services includes standards for and training and certification of care providers.

    Fire Chief: the Fire Chief who is appointed under Section 21-3 to serve as the Director of the Montgomery County Fire and Rescue Service. Fire Chief includes the Fire Chief’s designee.

    Incident Management System: the regional organizational structure protocol that supports an incident commander and is intended to promote communication, coordination, accountability, and effective action to respond to a natural disaster or other emergency.

    LFRD representative: the authorized representative, if any, designated by the Local Fire and Rescue Departments under Section 21-6.

    Local Fire and Rescue Department (LFRD): any individual fire or rescue squad corporation authorized under Section 21-5 to provide fire or rescue services.

    National Incident Management System: the framework established under Homeland Security Presidential Directive 5, or any successor provision, to enhance the ability of the United States to manage domestic incidents by establishing a single, comprehensive plan for responding to these incidents.

    Standardized Incident Management System: The organizational structure protocol implementing the standards under which an incident commander must provide communication, coordination, accountability, and effective action to respond to a natural disaster or other emergency.

    Tax funds: any County government revenues, including fire tax revenues.

    Volunteer: an individual who, without salary, performs fire, rescue, emergency medical, or related services as provided in this Chapter with the Montgomery County Fire and Rescue Service.

### Article II. Organization.

**Sec. 21-2. Fire and Emergency Services Commission.**

  (a)   Established; membership.

    (1)   There is a County Fire and Emergency Services Commission, composed of 7 voting members appointed by the County Executive and confirmed by the County Council. Two members must be County career fire/rescue personnel, 2 members must be volunteer local fire and rescue department personnel, and 3 members must have no personal, family, or business connection with the County volunteer or career fire and emergency services.  Each member must be a resident of the County.  The members should reside in various geographic areas of the county and have a variety of occupational backgrounds.

    (2)   The Executive should appoint a person from a list of at least 5 volunteer local fire and rescue department personnel submitted by the LFRD representative each time the Executive appoints a member who must be a volunteer local fire and rescue department member. The Executive should appoint a person from a list of at least 5 career firefighters or rescuers submitted by organizations composed of career fire or rescue personnel each time the Executive appoints a member who must be a career firefighter or rescuer. If a list was submitted as provided in this paragraph and the Executive appoints a person whose name was not on that list to a Commission position reserved for a career firefighter or rescuer or volunteer local fire and rescue department member, the Executive must explain to the Council why no person on the list was selected.  If the Executive requests a list under this paragraph from the appropriate organizations and does not receive a list of at least 5 candidates within 30 days, the Executive may appoint a qualified person without explaining why no person was selected from a list.

    (3)   The Fire Chief and any Division Chief are not eligible to serve on the Commission while holding that position.

    (4)   Each member serves a term of 3 years. A member must not serve more than 2 full terms, not counting any portion of an unexpired term, unless the Executive cites an extraordinary reason to reappoint the member for one or more additional terms.  Each term begins August 1.  A member serves until the member’s successor is confirmed.

    (5)   The Commission annually must designate one of its public members as chair and another public member as vice-chair.  The vice-chair serves as chair in the absence of the chair.

  (b)   Vacancy.  Any vacancy on the Commission must be filled as provided in subsection (a).  If in the case of an unscheduled vacancy the Executive requests a list under subsection (a) from the appropriate organizations and does not receive a list of at least 5 candidates within 15 days, the Executive may appoint a qualified person without explaining why no person was selected from a list.  A replacement member serves for the remainder of the original term.

  (c)   Compensation.  A Commission member is not entitled to compensation for service on the Commission. Each Commission member must be reimbursed for reasonable travel and dependent care expenses, as appropriated in the operating budget.

  (d)   Duties, responsibilities and authority.

    (1)   The Commission must recommend how the County can:

      (A)   achieve and maintain effective, efficient, and equitable fire, rescue, and emergency medical services County-wide, and

      (B)   improve the policy, planning, and regulatory framework for all fire, rescue and emergency services operations.

    (2)   The Commission must meet at least monthly, and may meet at other times at the call of the chair or a majority of its members.

    (3)   The Commission, in addition to any other functions assigned by law or regulation, may:

      (A)   advise the Fire Chief, County Executive, and County Council on any matter relating to fire, rescue and emergency medical services, and review the performance of the County Fire and Rescue Service and any action taken or policy adopted by the Service;

      (B)   advise the Chief, Executive, and Council on County-wide policies, standards, procedures, plans, and programs that should apply to all fire, rescue, and emergency services operations;

      (C)   review and make recommendations regarding the master plan for fire, rescue, and emergency medical services as provided in Section 21-12;

      (D)   recommend and comment on legislation, regulations, and policies that apply to or affect the Fire and Rescue Service;

      (E)   review and recommend any appropriate changes in communications and dispatch procedures for emergency communications centers;

      (F)   recommend guidelines for curriculum and programs of the Public Safety Training Academy and other training programs for fire and emergency services employees and volunteers;

      (G)   recommend to the Chief, Executive, and Council a benefits program to provide financial protection for volunteers and their families if a volunteer becomes injured, disabled, or dies in the line of duty;

      (H)   after consulting the LFRD representative, recommend to the Chief, Executive, and Council policies and programs to recruit and retain volunteers; and

      (I)   promote coordination with other County-wide, regional, state, and national emergency management agencies and activities.

    (4)   The Commission must review and may approve or disapprove any generally applicable Fire and Rescue Service policy or regulation proposed by the Fire Chief, including any regulation that may be issued by the Executive under this Chapter.  Before taking any action under this paragraph, the Commission must give the Fire Chief, LFRD representative, employee organization, and the public a reasonable opportunity to comment.  If the Commission does not approve or disapprove a proposed policy within 60 days after receiving it from the Chief, the policy is automatically approved. If the Commission does not approve or disapprove a proposed regulation within 60 days after receiving it from the Chief, the regulation is automatically transmitted to the Executive for review.  This paragraph does not apply to:

      (A)   any decision expressly assigned to another person or body by this Chapter; or

      (B)   any individual personnel action.

  (e)   Meeting with Executive.  The Commission must meet with the Executive or the Chief Administrative Officer periodically to discuss matters under the Commission’s purview.

  (f)   Annual report.  The Commission must forward to the Executive and Council an annual report describing Commission recommendations and activities.

  (g)   Removal.  The Executive, with the approval of the Council, may remove any Commission member for cause.

  (h)   Advocacy.  The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (b) Any reference in any law, regulation, or Fire and Rescue Service policy to the Fire and Rescue Commission must be treated as referring to the Fire and Emergency Services Commission created under Section 21-2, as amended by Section 1 of this Act, unless the context clearly indicates otherwise.

  (c) In initially appointing the Fire and Emergency Services Commission under Section 21-2, the Executive must designate one career and one volunteer appointee to serve one year initial terms, one career appointee to serve a 2 year initial term, and one volunteer appointee to serve a 3 year initial term, and one member of the public to serve a term of one year, one to serve a term of 2 years, and one to serve a term of 3 years.

**Sec. 21-3. Fire Chief; Division Chiefs.**

  (a)   The Executive must appoint, subject to confirmation by the Council, and may remove the Fire Chief.

  (b)   The Fire Chief is the uniformed department head of the Montgomery County Fire and Rescue Service, and has all powers of a department director.  The Chief has full authority over all fire, rescue, and emergency medical services in the County, including any fire, rescue, and emergency medical services provided by local fire and rescue departments.  The Chief must implement County law, regulations, and policies to effectively administer the Fire and Rescue Service.

  (c)   The Chief of the Division of Fire and Rescue Operations is a merit position.  The Division Chief must meet the requirements for chief officer adopted under Section 21-8.  The Division Chief has operational authority over fire, rescue, and emergency medical services activities of the Fire and Rescue Service, including the local fire and rescue departments, as assigned by the Fire Chief.  The Division Chief must promote the integration of the activities of volunteer and career firefighters and rescuers.  The Division Chief, subject to the authority of the Fire Chief, may take disciplinary action, including discharge, against any merit system employee in the Service, subject to applicable merit system regulations and collective bargaining agreements.

  (d)   The Chief of the Division of Volunteer Services is a non-merit position.  The Division Chief must meet the requirements for chief officer adopted under Section 21-8 and must have experience as a chief, or an assistant or deputy chief, in a volunteer fire and rescue organization in the County.  The Division Chief must be given the same rank under the IECS as the Chief of the Division of Fire and Rescue Operations.  Before the Fire Chief recommends a person to the Executive for appointment as Division Chief for Volunteer Services, the Chief must invite the LFRD representative to submit a list of at least 5 qualified persons for the Executive’s consideration.  If the LFRD representative submits a list and the Executive appoints a person whose name was not on that list, the Executive must explain to the Council why no person on the list was selected.  If the Chief does not receive a list of at least 5 candidates within 30 days after requesting it, the Executive may appoint a qualified person without explaining why no person was selected from a list.  The Division Chief has operational authority over fire, rescue, and emergency medical services activities of the Fire and Rescue Service, including the local fire and rescue departments, as assigned by the Fire Chief.  The Division Chief, under the direction of the Fire Chief must serve as the highest ranking volunteer officer in the County and coordinate the operations and administration of volunteer personnel and LFRD’s.  The Division Chief must:

    (1)   promote the integration of the activities of volunteer and career firefighters and rescuers;

    (2)    promote recruitment and retention of volunteers;

    (3)    assist LFRD’s in training, risk management, use and maintenance of apparatus, budget preparation, and formulating department policy and recommendations to the Chief and Commission;

    (4)    monitor legislative and regulatory actions involving volunteer activities and inform affected groups; and

    (5)   provide additional opportunities for people to volunteer, including the creation of a mobile volunteer personnel corps.

  (e)   The Fire Chief must appoint an Internal Affairs Officer after considering any recommendation by the Commission.  The Officer must assist the Chief in monitoring compliance with County laws, regulations, policies, and procedures and investigate matters assigned by the Chief.

  (f)   The Fire Chief must meet regularly with the LFRD representative and senior Service staff to communicate policy, evaluate the effectiveness of the County’s integrated fire and rescue services, and receive advice on the development of policies and delivery of services.

  (g)   In addition to any other authority under this Chapter, the Fire Chief may take disciplinary action against any employee or volunteer in the Service, including those in a local fire and rescue department, for violating any County law, regulation, policy, or procedure, or any lawful order of the Chief or the Chief’s designee.  Disciplinary action under this subsection may include suspension or discharge of an employee and restriction or prohibition of a volunteer from participation in fire and rescue activities.  The Chief must not take any action involving an employee or volunteer of a local department, except when the Chief finds that immediate action is required to protect the safety of the public or any employee or volunteer, unless the Chief finds that the local department has not satisfactorily resolved the problem in a timely and effective manner.  Any finding by the Chief under the preceding sentence is not subject to appeal.  Each employee or volunteer must give the Chief any information, not otherwise legally privileged, that the Chief reasonably needs to administer this Chapter.

  (h)   The Chief must provide staff and other support to the Commission, subject to appropriation.

**Sec. 21-4. Council approval of local fire and rescue departments.**

  (a)   A local fire and rescue department must not engage in any fire, rescue, or other emergency service in the County unless the County Council approves the department. An application for County approval to operate a fire and rescue department must be submitted to the County Executive, who must transmit the application and the Executive’s recommendation to the County Council not later than 90 days after the Executive received the completed application.

  (b)   A local fire and rescue department must not change the location of any facility used to provide fire and rescue services in the County without the Council’s approval.  The Executive must not include a site for any fire or rescue squad station or other facility used to provide fire or rescue services in a proposed Capital Improvements Program unless the Council has approved the location or relocation of the facility.

**Sec. 21-5. Functions of local fire and rescue departments.**

  (a)   A local fire and rescue department may provide direct fire suppression, rescue, or emergency medical services in the County only while the department:

    (1)   is approved by the County Council under Section 21-4; and

    (2)   complies with applicable County laws, regulations, policies, and procedures, and the lawful orders of the Fire Chief.

  (b)   Each local fire and rescue department must furnish any information requested by the Fire Chief or the Commission regarding operations, administration, volunteer participation, or any other aspect of fire, rescue, or emergency medical services.

  (c)   If the Fire Chief, after giving a local fire and rescue department a reasonable opportunity to respond, finds that the department has not complied with this Chapter or any other applicable County law, regulation, or policy, the County Executive may impound some or all of the tax funds designated for that local fire and rescue department.  The Chief must administer the non-complying local fire and rescue department’s fire and rescue services responsibilities, and may use the impounded funds for that purpose.  The Chief immediately must report to the Council and Executive about the local fire and rescue department’s non-compliance and must provide a status report 30 days later.  After reviewing each report, the Executive must revoke, extend, or modify the impoundment of funds, consistent with the Chief’s finding of whether the local fire and rescue department has complied with the County law, regulation, or policy.

  (d)   The County Attorney, with the approval of the County Executive, may take any legal action necessary to assist the Fire Chief in enforcing this Chapter and all other applicable laws, regulations, and policies concerning fire and rescue services in the County.

  (e)   Nothing in this Chapter precludes, and the Fire Chief must not restrict, any local fire and rescue department from providing services to citizens in the District of Columbia if:

    (1)   those services had been provided under a mutual aid agreement or similar document that was in force on January 1, 2004; or

    (2)   those services would be provided under a mutual aid agreement approved at any time by the County Executive and County Council.

**Sec. 21-6.  LFRD representative; direct negotiation process.**

  (a)   The Fire Chief must negotiate in good faith with the authorized LFRD representative on the issues or issue areas specified in subsection (f).  While each LFRD and its members retain the right to communicate directly with elected and appointed officials, the LFRD representative is the LFRDs’ exclusive representative for purposes of negotiating with the Fire Chief.

  (b)   A representative of the LFRD’s becomes authorized to represent their interests when the Fire Chief receives notice that more than 65% of the LFRD’s:

    (1)   have designated that individual or organization in writing as their authorized representative for negotiating purposes; and

    (2)   consented to be bound by agreements reached between the LFRD representative and the Fire Chief, subject to any ratification procedure previously adopted by the signatory LFRD’s.

Any action by the Fire Chief under this subsection and subsection (c) to recognize or not recognize an LFRD representative may be appealed to any court with jurisdiction under the Maryland rules for appeals of administrative agency actions.  Any decision of a court under this subsection and subsection (c) may be appealed to the Court of Special Appeals.

  (c)   An LFRD can revoke its designation of an authorized representative and designate another person or organization not more than once every 2 years.  If 65% of the LFRD’s vote to revoke the representative’s designation, that representative is no longer authorized to negotiate for the LFRD’s.  If 65% of the LFRD’s designate a different representative, that representative is authorized to negotiate for all LFRD’s.  If an authorization is revoked but no new representative is designated, further negotiating is suspended.

  (d)   Formal negotiating is initiated when the LFRD representative notifies the Fire Chief, or the Fire Chief notifies the LFRD representative, that a negotiable issue has arisen.  The Fire Chief or LFRD representative must respond, either in writing or by meeting, within 15 days.  The number of required meetings between the parties each month cannot exceed 1, but the parties can meet more frequently if both agree.  The parties may adopt a negotiating calendar under which issues are reserved for discussion at a certain time.  A negotiated agreement takes effect unless the LFRD representative notifies the Fire Chief within 60 days of the date of the agreement that a majority of the LFRD’s have voted to reject the agreement.

  (e)   The Fire Chief must consult with the LFRD representative on all major policy changes, to the same extent as the employee organization certified under Section 33-151 is required by law or collective bargaining agreement to be consulted.

  (f)   Issues subject to negotiating under this Section are:

    (1)   methods and mechanisms for volunteer firefighters’ and rescuers’ participation in MCFRS policy decisions;

    (2)   representation of volunteer firefighters and rescuers on MCFRS committees and task forces;

    (3)   volunteer firefighter and rescuer recruitment, selection, and recognition;

    (4)   procedures used to evaluate and discipline volunteer firefighters and rescuers;

    (5)   protection of volunteer firefighters and rescuers from harassment and discrimination;

    (6)   LOSAP and other benefits for volunteers, and the administration of any volunteer benefit;

    (7)   the equitable allocation of appropriated funds and equipment among paid and volunteer personnel; and

    (8)   any other issue that pertains only to volunteer firefighters and rescuers.

  (g)   Issues not subject to negotiating under this Section are:

    (1)   budgets and expenditures;

    (2)   MCFRS emergency and routine operations; and

    (3)   any other issue not specified as subject to negotiating.

  (h)   The Fire Chief and LFRD representative annually must choose an impasse neutral, either by agreement or through the processes of the American Arbitration Association.  The impasse neutral’s fees and expenses must be paid by the Service.

  (i)   During the course of negotiating, either party may declare an impasse and request the services of the impasse neutral, or the parties may jointly request those services before declaring an impasse.  Except where specified otherwise in this Section, the timetable and process for impasse resolution, including Council review, must follow the timetable and process in Section 33-153.

  (j)   When an impasse is reached, the parties must submit the dispute to the impasse neutral.  The impasse neutral must attempt mediation by bringing the parties together voluntarily under conditions that will tend to bring about a settlement of the dispute.

  (k)   If the impasse neutral, in the impasse neutral’s sole discretion, finds that the parties are at a bona fide impasse, the impasse neutral must require the parties to jointly submit all items previously agreed on, and each party to submit a final offer consisting of proposals not agreed upon.  Neither party may change any proposal after it is submitted to the impasse neutral as a final offer, except to withdraw a proposal on which the parties have agreed.

  (l)   The impasse neutral may require the parties to submit evidence or present oral or written arguments in support of their proposals.  The impasse neutral may hold a hearing at a time, date, and place selected by the impasse neutral.  The hearing must not be open to the public.

  (m)   On or before 60 days after either party has requested the services of the impasse neutral, unless that date is extended by written agreement of the parties, the impasse neutral must select the final offer that, as a whole, the impasse neutral judges to be the more reasonable.  Any issue decided by the impasse neutral must not be reopened within 3 years unless both parties agree to do so.

  (n)   In selecting a final offer under this Section, the impasse neutral must consider only the following factors:

    (1)   previous negotiated agreements between the parties, including the past bargaining history that led to the agreements;

    (2)   the affordability of all items that will have a significant cost to the Service;

    (3)   effectiveness and efficiency of operations;

    (4)   safety of the public; and

    (5)   the interest and welfare of the public.

  (o)   The final offer selected by the impasse neutral, integrated with any items previously agreed on, is the final agreement between the parties, need not be ratified by any party, and has the force and effect of an agreement voluntarily entered into and ratified.  The parties must execute that agreement.

  (p)   The Executive must submit to the County Council for review any element of an impasse neutral’s decision that:

    (1)   requires an appropriation of funds;

    (2)   is inconsistent with any County law or regulation;

    (3)   requires the enactment or adoption of any County law or regulation; or

    (4)   has or may have a present or future fiscal impact.

  (q)   The Council must consider any decision or part of a decision referred to it under subsection (p) and notify the parties within 60 days if it disapproves the decision or part.  The Council may extend this time by resolution.

**Sec. 21-7.  Appeals of certain disciplinary actions.**

  (a)   Jurisdiction.  Except as provided in subsection (g), the Merit System Protection Board must hear and decide each appeal filed by a volunteer firefighter or rescuer aggrieved by an adverse final action of the Chief or a local fire and rescue department involving the removal, demotion, or suspension of, or other disciplinary action applied specifically to, that individual as if the individual were a County merit system employee.

  (b)   Filing Appeals.  Any party covered by this Section may appeal the action within 30 days after the action unless another law or regulation requires that an appeal be filed sooner.  An appeal must not stay the disputed action.

  (c)   Procedures.  The Executive by regulation must establish procedures for hearing and deciding appeals under this Section.  The regulation must specify which categories of appeals may be heard by a hearing examiner or otherwise must be decided on the basis of a written record.  The Merit System Protection Board must hear an appeal if it complies with all applicable procedures.  If the Board receives more than one appeal involving the same individual personnel action, the Board must consolidate the appeals.

  (d)   Subpoenas.  The chair of the Merit System Protection Board or a hearing examiner considering the case may issue a subpoena for the attendance of a witness and the production of any document, and may administer oaths, in any proceeding.  The Board or any party to the proceeding may file a petition with any court with jurisdiction to enforce a subpoena as provided by law for the enforcement of subpoenas in a civil action.  All provisions of law that compel a person under subpoena to testify apply to proceedings under this Chapter.

  (e)   Depositions.  When relevant to any proceeding and for use as evidence, the Merit System Protection Board or a hearing examiner considering the case may allow a party to depose a witness in the manner and on the terms designated by the Board or hearing examiner if:

    (1)   the witness cannot be subpoenaed; or

    (2)   the witness cannot attend a hearing.

  (f)   Appeals of Board decisions. Any aggrieved party may appeal the decision of the Board to any court with jurisdiction under the rules governing appeals from administrative agencies, and may appeal any adverse decision of that court to the Court of Special Appeals.

  (g)   Exceptions.  This Section does not apply to, and the Board must not consider an appeal of, a personnel matter subject to an employee grievance procedure under a collective bargaining agreement.

  “Transition.  (a) Regulations.  A regulation issued by the Fire and Rescue Commission before this Act took effect [January 1, 2005] continues in effect unless it is inconsistent with Chapter 21, as amended by this Act, but must be treated as having been issued by the Fire Chief or the County Executive, as provided in Chapter 21, as amended by this Act.  This Section does not apply to procedural regulations that the Commission is authorized to issue under Section 21-7(c), as amended by this Act.

  Section 21-7(g) is interpreted and quoted in Kensington Volunteer Fire Department v. Montgomery County, 163 Md. App. 279, 878 A.2d 662 (2005), where the Court held that a volunteer firefighter who seeks review before the Merit System Protection Board of a decision of the Fire and Rescue Commission is entitled to attorney’s fees as if he were a merit system employee.

### Article III. Operations.

**Sec. 21-8. Integrated Emergency Command Structure.**

  (a)    The County Executive, after receiving Commission approval under Section 21-2(d)(4),  must adopt by regulation an Integrated Emergency Command Structure (IECS) that is consistent with the National Incident Management System and applies to all IECS certified providers of fire, rescue and emergency medical services, on all emergency incidents. The Chief regularly must review the IECS regulation and propose amendments as necessary.

  (b)    The IECS must retain and actively encourage volunteer participation at all levels of the chain of command under the Fire Chief. Volunteers who meet the requirements and standards of experience and training must be eligible to advance to all levels of the chain of command and must not be treated differently from employees of equal rank under the IECS.

**Sec. 21-8A.  Standardized Incident Management System.**

  (a)   The County Executive must establish by regulation, after receiving Commission approval under Section 21-2(d)(4), a Standardized Incident Management System that is:

    (1)   based on nationally recognized incident management systems for fire and rescue operations; and

    (2)   compatible with the National Incident Management System.

  (b)   The Standardized Incident Management System must apply throughout the Fire and Rescue Service, including the local fire and rescue departments.

**Sec. 21-9. Disaster plan.**

  The County Executive, by regulation issued after receiving Commission approval under Section 21-2(d)(4), must establish and maintain a fire and rescue disaster plan that provides an integrated chain of command compatible with the Standardized Incident Management System and the Integrated Emergency Command Structure.

**Sec. 21-10. Response areas.**

  The Fire Chief, after receiving Commission approval under Section 21-2(d)(4), must establish response areas served by each fire or rescue station that collectively cover the entire County. The boundaries of a response area are generally the mid-points in road distances between that station and the nearest fire or rescue stations. However, the response area boundaries must consider geographic or other features that affect dispatch operations.

**Sec. 21-11. Communications procedures and dispatch times.**

  The Fire Chief, after receiving Commission approval under Section 21-2(d)(4), must establish comprehensive and consistent communications and dispatch procedures that maintain appropriate allowable dispatch times for all fire and rescue units and promote public safety.

**Sec. 21-12. Master fire, rescue, and emergency medical services plan.**

  (a)    The Fire Chief must draft a master fire, rescue, and emergency medical services plan and must propose any appropriate amendments to the Executive and Council. The master plan must include at least:

    (1)   a survey of the resources and personnel of existing fire, rescue, and emergency medical services, and an analysis of the effectiveness of the fire and building codes;

    (2)   an analysis of short- and long-term fire prevention and control needs and emergency medical services needs;

    (3)   a plan to meet the fire prevention and control and emergency medical services needs;

    (4)   an estimate of cost and realistic plans for financing the implementation and operation of the plan on a continuing basis, and a summary of problems anticipated in implementing the plan;

    (5)   a definition of the current and future fire protection and emergency medical environment by establishing and maintaining a comprehensive data base;

    (6)   a definition of goals and objectives for service levels;

    (7)   identification and justification of the resources and technology necessary to develop and operate the fire protection and emergency medical system as recommended by the plan;

    (8)   a detailed program of action to implement and maintain the system as recommended by the plan; and

    (9)   a program of action to coordinate with the Office of Emergency Management and Homeland Security, the County’s fire prevention and control and emergency services resources into County-wide, regional, State, and national emergency management plans.

  (b)    The Fire Chief must draft the master plan and any amendments in coordination with the Commission, the local fire and rescue departments, the Maryland-National Capital Park and Planning Commission, the health systems planning agency, the Washington Suburban Sanitary Commission, other County departments, the Metropolitan Washington Council of Governments, the U.S. Department of Homeland Security, and any other interested parties. The County Council, the Commission, and any local fire and rescue department may ask the Fire Chief to consider an amendment to the plan at any time.  The Fire Chief must conduct at least one public hearing before proposing any significant amendment. The County Executive must forward the master plan or any amendment proposed by the Fire Chief, along with any comments, to the County Council, which may approve the master plan as proposed or with amendments.

  (c)   The master plan must serve as a guideline for the Executive, Council, and Fire Chief in making decisions regarding delivery of fire and rescue services, does not have the force of law, and does not impose any legal obligation on any party.

**Sec. 21-13. Temporary transfer of apparatus.**

  The County Executive, after receiving Commission approval under Section 21-2(d)(4), must adopt a regulation establishing policies for the long- or short-term transfer of apparatus.  The Fire Chief, when authorized by regulation, may transfer any apparatus purchased in whole or in part with tax funds, including any apparatus titled to a local fire and rescue department. The Chief must provide as much advance notice as possible before transferring apparatus.  The regulation must not require the transfer of any apparatus that was not purchased with any County tax funds, except in an emergency.

**Sec. 21-14. Assumption of command by County government.**

  The County Executive or a designee may assume operational and administrative command of any facility or apparatus of a local fire and rescue department that provides fire, rescue, or emergency medical services under Section 21-5 if the Executive finds that the local department is unable or refuses to provide fire, rescue, or emergency medical services in accordance with this Chapter. Except during a public emergency, the Executive must give the local department a reasonable opportunity to respond before assuming command.  This assumption of command may continue until the County Council by resolution, after consulting the Fire Chief and Commission, directs otherwise.

**Sec. 21-15. Performance auditing.**

  The County Executive, the County Council, the Commission, the Chief Administrative Officer, and the Fire Chief, or their designees, may conduct performance audits of any local fire and rescue department to make budget, management, or legislative recommendations. An audit must be conducted in a reasonable manner with as much advance notice as feasible. Officers, members, and employees of each local fire and rescue department must cooperate fully and provide any data requested by the auditor.

### Article IV. Personnel.

**Sec. 21-16. Personnel administration for local fire and rescue departments.**

  (a)   Applicability of County Regulations.  Employees of local fire and rescue departments who are paid with tax funds are not County employees.  They are members of a separate merit system governed by generally applicable County personnel regulations except as expressly modified by regulations that the County Executive, after receiving Commission approval under Section 21-2(d)(4), adopts under method (2).

  (b)    Personnel services. The Office of Human Resources must provide the following services to the local fire and rescue departments:

  (1)   Uniform administration and application of personnel regulations and policies.

  (2)   Consistent administration and application of a uniform pay plan and benefit program, which must be substantially equivalent to that of the County government.

  (3)   Disbursement of salaries and wages, including withholding for taxes and fringe benefits through the County's payroll system.

  (4)   Review for consistency with applicable personnel regulations all personnel transactions involving employees of local fire and rescue departments paid with tax funds.

  (5)   Use of the Merit System Protection Board.

  (c)    Limitations. Nothing in this Chapter means that employees of the local fire and rescue departments are County employees, either on a de jure or de facto basis. Nothing in this Chapter abrogates the authority of each local fire and rescue department over such functions as hiring, promotion, discipline, and discharge of employees of that department; the assignment of administrative staff; and day-to-day assignments of volunteer personnel at that department.  This Section does not diminish the authority of County government to act under Sections 21-13 and 21-14 or the authority of the Fire Chief to discipline an employee or volunteer of a local fire and rescue department as provided in Section 21-3(g)..

  (d)    Judicial review. An aggrieved employee of a local fire and rescue department, the Chief Administrative Officer on behalf of the County, or any local fire and rescue department or other person aggrieved by any order or decision of the Merit System Protection Board, may obtain judicial review of the order or decision as described in the Maryland Rules of Procedure that apply to appeals of administrative actions.  Any party may appeal a decision of a court under this subsection to the Court of Special Appeals or seek review by the Court of Appeals.

  (e)   Local department head.  For purposes of this Chapter, a local fire and rescue department must designate a person as a department head under the County personnel regulations and must notify the Office of Human Resources of its selection.  The designee may take any personnel action on behalf of the local department that a department head may take under the County personnel regulations, to the extent that those regulations apply to the local department.

**Sec. 21-17. Encouraging volunteers.**

  (a)   As long as the service being provided is not the same service which the County employee is paid to provide, the County must not prohibit or discourage any County employee from providing volunteer services for a local fire and rescue department, except:

    (1)    a local fire and rescue department to which the employee is assigned,

    (2)    to the extent the services are prohibited by the conflict-of-interest provisions of Chapter 19A, or

    (3)   to the extent volunteer service creates additional financial liability to the County.

  (b)   Employees in the firefighter/rescuer occupational series may be prohibited or restricted from providing volunteer fire, rescue or emergency medical services to local fire and rescue departments in the County under regulations adopted by the County Executive under method (2).

**Sec. 21-18. Training requirements and certification standards.**

  (a)   The County Executive, after receiving Commission approval under Section 21-2(d)(4), must issue regulations establishing training requirements for all active fire, rescue, and emergency medical services personnel in the Fire and Rescue Service, including the local fire and rescue departments, consistent with the Integrated Emergency Command Structure.

  (b)   The training requirements must include core standards for eligibility for each rank.  The core standards must apply similarly to all personnel engaging in similar duties.

  (c)   However, the Chief Administrative Officer, in administering the County merit system under Chapter 33, must adopt requirements for advancement and promotion for those fire, rescue, and emergency medical services personnel who are members of the merit system.  The requirements adopted by the Chief Administrative Officer for merit system members may include further requirements for advancement and promotion in addition to the core standards that apply to all Fire and Rescue Service personnel.

  (d)   The Chief must ensure that all feasible opportunities are available for volunteers to meet the standards for advancement.  The Chief must report annually to the Commission, Executive, and Council on the availability and implementation of County training programs for volunteer firefighters and rescuers.

**Sec. 21-19. Code of ethics and personal conduct.**

  The County Executive, after receiving Commission approval under Section 21-2(d)(4), must issue regulations establishing a code of ethics and on-duty personal conduct that is consistent with applicable law, including Chapters 19A and 27.  The code must apply to all fire, rescue, and emergency medical services personnel, including administrative personnel.  The code must specify prohibited conduct and the procedures and actions available to address any violation.  The Fire Chief may refer a matter to the County Ethics Commission or Human Rights Commission.

**Sec. 21-20.  Disability and death benefits for members of local fire and rescue departments.**

  The Council should provide for the payment of disability benefits for members of local fire and rescue departments operating in the County, and for the payment of death benefits for members injured or killed in the line of duty, for the source and funds from which benefits are paid, and for rights of subrogation in the County.

**Sec. 21-21. Length of service award program for volunteers.**

  There is a length of service award program for local fire and rescue department volunteers.

  (a)   Definitions. In this Section, the following words and phrases have the following meanings:

    Active volunteer means a local fire and rescue department volunteer who accumulates at least 50 points in a calendar year under the point system in subsection (k).

    Domestic partner means a person who was registered as a domestic partner of an active volunteer with the Fire Chief on or before June 27, 2016 in a domestic partnership that did not end before the active volunteer’s death.

  (b)   Eligibility. Any local fire and rescue department volunteer is eligible for the length of service award program if the volunteer is at least 16 years old, and:

    (1)

      (A)   was an active volunteer on or after August 15, 1965; or

      (B)   on August 15, 1965 had completed 25 years as an active volunteer; and

    (2)   if less than 18 years old, meets any additional requirements established by Executive regulation under method (3).

  (c)   Length of service benefits.

    (1)   Volunteers Who Qualified Before 1985.  Effective January 1, 1985, any volunteer who qualified for a monthly award payment before January 1, 1985, must receive monthly award payments equal to 150 percent of the pre-1985 monthly award payment.  Effective July 1, 2023, any volunteer who receives a monthly award payment under this subsection must receive an 8 percent increase in the amount of the monthly award.

    (2)   Volunteers Who Qualify in 1985 or Later — 25 Years of Service.

      (A)   Effective January 1, 1985, a volunteer qualifies for a 25-year award payment when the volunteer:

        (i)   has served 25 years as an active volunteer; and

        (i)   is at least age 55, if the volunteer completed 25 years as an active volunteer before 1996; or

        (ii)   is any age, if the volunteer completed 25 years as an active volunteer on or after January 1, 2004.

      (B)   A volunteer who qualifies under this paragraph must receive an award payment of:

        (i)   $259.20 per month for life; and

        (ii)   $13.01 per month for life for each year of service as an active volunteer over 25 years (up to $130.10 per month).  The maximum total benefit is $389.35 per month.

    (3)   Volunteers Who Qualify in 1985 or Later — 15 years of Service.

      (A)   Effective January 1, 1985, a volunteer qualifies for a 15-year award payment when the volunteer:

        (i)   has served 15 years as an active volunteer after January 1, 1955; and

        (ii)   is at least age 60.

      (B)   A volunteer who qualifies under this paragraph must receive an award payment of $10.37 per month for life for each year of service as an active volunteer.

    (4)   Volunteers Who Qualify in 1985 or Later — 10 Years of Service

      (A)   Effective January 1, 1985, a volunteer qualifies for a 10-year award payment when the volunteer:

        (i)   has served 10 years as an active volunteer; and

        (ii)   is at least age 65.

      (B)   A volunteer who qualifies under this paragraph must receive an award payment of $10.37 per month for life for each year of service as an active volunteer.

    (5)   All years of service, including past years of service, must be included.

    (6)   A volunteer who meets the criteria under paragraph (7) of this subsection must receive:

      (A)   a 7.5 percent increase to his or her LOSAP benefit payment effective July 1, 2023;

      (B)   effective July 1, 2024, a 4 percent increase to their LOSAP benefit payment based on LOSAP point totals on December 31, 2023; and

      (C)   effective July 1, 2025, a 4 percent increase to their LOSAP benefit payment based on LOSAP point totals on December 31, 2024.

    (7)   A volunteer must receive the benefit increases under paragraph (6) of this Section if the volunteer:

      (A)   received LOSAP benefit payments in a prior year; and

      (B)   qualified for the higher nominal fee, as described in Article 12 of the fire and rescue volunteers collective bargaining agreement, for calendar year 2022, 2023, or 2024, respectively, by:

        (i)   being on the Integrated Emergency Command Structure (IECS) certified list;

        (ii)   receiving 30 LOSAP points for department or station responses; and

        (iii)   receiving 20 LOSAP points for sleep-in or stand-by service.

  (d)   Disability benefit.

    (1)   A volunteer qualifies for a disability benefit if:

      (A)   the volunteer becomes disabled as the direct result of active participation as a local fire and rescue department volunteer;

      (B)   the disability prevents the volunteer from pursuing the volunteer’s normal occupation; and

      (C)   a state worker’s compensation commission finds that the disability is total and permanent, and is a direct result of active participation as a local fire and rescue department volunteer.

    (2)   A volunteer who qualifies under this subsection must receive an award payment of $345 per month for life.

    (3)   Length of service benefits under subsection (c) must not be paid to volunteers who are receiving award payments under this subsection.

  (e)   Survivor’s benefit.

    (1)   A local fire and rescue department volunteer's surviving spouse or domestic partner qualifies for a survivor's benefit on the volunteer's death if:

      (A)   the surviving spouse or partner submits an application for the benefit; and

      (B)   the volunteer met the:

        (i)   years-of-service requirement for a length of service benefit under subsection (c); or

        (ii)   requirements for a disability benefit under subsection (d).

    (2)   The volunteer’s surviving spouse or domestic partner must receive a monthly award payment until the spouse’s death or remarriage, or partner’s death, equal to 50 percent of the:

      (A)   length of service benefit for which the volunteer met the years-of-service requirement; or

      (B)   volunteer’s disability benefit.

  (f)   Death benefit.

    (1)   A local fire and rescue department volunteer may designate a beneficiary to receive on the volunteers’s death a $5,000 death benefit. If the volunteer does not designate a beneficiary or if the designated beneficiary does not survive the volunteer, the death benefit must be paid to the volunteer’s surviving spouse or domestic partner or the volunteer’s estate if no spouse or partner survives. The designated beneficiary or the volunteer’s surviving spouse or domestic partner or estate, whichever applies, qualifies on the volunteer’s death for a $5,000 death benefit if:

      (A)   the designated beneficiary or the surviving spouse or partner or estate, whichever applies, submits an application for the benefit within one year after the volunteer’s death; and

      (B)   the volunteer met the:

        (i)   years-of-service requirement for a length of service benefit under subsection (c); or

        (ii)   requirements for a disability benefit under subsection (d).

  (g)   Other benefits.  An active volunteer may participate in the County’s tuition assistance program to the extent federal tax laws permit volunteers to do so, and receive discounts at County transit and recreational facilities as if the volunteer were a County employee.

  (h)   Funding. The County must pay benefits to a volunteer under this section from fire tax funds.

  (i)   Administration.

    (1)   The County Executive or the Executive’s designee must administer this Section under Executive Regulations adopted under method (3).

    (2)   The County must pay benefits under this section from the first day of the first month after the volunteer, surviving spouse or domestic partner, or volunteer's estate qualifies for the benefit, except that benefits must not be paid for any period before the application for the benefit is filed.

    (3)   The Executive or the Executive’s designee may audit the records of participating local fire and rescue departments regarding volunteer participation.

    (4)   The Executive or the Executive’s designee may correct clerical errors in volunteers’ service records made by County staff in the administration of this Section.

    (5)   All LOSAP payments must be made by direct deposit.

  (j)   Certification of volunteers.

    (1)   Local fire and rescue departments.  Each participating local fire and rescue department must:

      (A)   maintain a detailed and accurate record for each local fire and rescue department volunteer, in a form established by the County Executive, of any activity that qualifies for credit toward active volunteer status;

      (B)   by March 31 each year, submit a record of all local fire and rescue department volunteers, certified by the secretary under oath, that identifies each active volunteer for the previous year; and

      (C)   post any list from the Executive or the Executive’s designee of active volunteers for at least 30 days after receipt for review by members.

    (2)   Appeal.  A volunteer may appeal a finding that the volunteer was not an active volunteer within 30 days after a written notice of the finding is mailed to the volunteer. The appeal must satisfy requirements established in regulations issued by the Executive under method (3). The decision of the Executive or the Executive's designee on the appeal is final.

  (k)   Point system. To qualify as an active volunteer under subsection (a), a volunteer accumulates points under this subsection during each calendar year that are not transferable to another year An individual must not receive points for any activity performed as a County employee.

    (1)   Training Courses — 25 points maximum.

      (A)   Courses lasting less than 20 hours, such as a one-day course, seminar, or basic first-aid class, earn 5 points per course.

      (B)   Courses lasting 20 to 45 hours, such as a short course or regional fire school, earn 10 points per course.

      (C)   Courses lasting more than 45 hours, such as the basic, advanced, section III, and emergency care courses offered by the University of Maryland, or a fire science course offered by Montgomery College or Prince George's Community College, earn 15 points per course.

    (2)   Drills — 20 points maximum: Each drill lasting at least 2 hours earns 1 point.

    (3)   Stand-by — 20 points maximum. Integrated Emergency Command Structure (IECS) certified personnel may earn stand-by LOSAP points for performing on-duty activity at the rate of:

      (A)   one quarter point for every hour of stand-by service a volunteer is assigned to a unit available for response; and

      (B)   one point for every 4 hours of stand-by service the volunteer is available for response in the station, but is not assigned to a specific unit.

      Stand-by service must be recorded in the data system provided by the County. A volunteer must not earn more than 3 points for stand-by service during any 24-hour period.

    (4)

      (A)   Elected and Appointed Position — 25 points maximum per calendar year for any combination of service in eligible and appointed positions as follows:

        (1)   25 points for completing a one-year term in an eligible elected or appointed position; and

        (2)   2 points for each full month of service in any eligible elected or appointed position during a term of less than one year.

      (B)   The Fire Chief annually must designate a list of the elected and appointed positions eligible to earn points.  The list must include:

        (i)   local fire and rescue department (LFRD) officer at the rank of lieutenant or higher;

        (ii)   director, trustee, trial board member, or auxiliary member of an LFRD;

        (iii)   chair of fund raising or membership for an LFRD;

        (iv)   chaplain of an LFRD;

        (v)   delegate, alternate, or officer for the Fire Board, the Montgomery County Volunteer Fire-Rescue Association, the LFRD representative, or any similar organization;

        (vi)   member of a committee of the Commission or the Maryland State Firemen’s Association (MSFA);

        (vii)   officer of the MSFA auxiliary; or

        (viii)   officer of an LFRD auxiliary.

    (5)   Attendance at Meetings — 20 points maximum per year: Attendance earns 1 point for each official meeting of an organization listed in Executive regulations issued under method (3) as affiliated with the Fire and Rescue Service.

    (6)   Participation in Department or Station Responses — 30 points maximum for responding on at least the number of calls indicated in the appropriate column  below:

Total department/station call responses per year | 000 to 999 | 1000 to 7499 | 7500 or more
Responses required to earn 1 point, if not qualified for maximum 30 points | 2 | 4 | 5
Responses per year required to receive maximum 30 points | 50 | 100 | 120

The Chief annually must determine for each LFRD whether the total annual calls must be computed by department or by station.

    (7)   Military Service — 50 points maximum per year, prorated for a partial year of service, for qualified miliary service that interrupts voluntary fire service.  Qualified service means full-time extended obligatory military service or a single voluntary enlistment, not to exceed 4 years in the armed forces of the United States.

    (8)   Collateral Duties — 25 points maximum: Each qualified activity for the LFRD that lasts at least 4 hours earns 1 point. The Chief annually must designate a list of the collateral duties under which a volunteer may perform qualified activities, such as apparatus and building maintenance; fire prevention and education activities; fund raising activities; and administrative or auxiliary duties.

    (9)   A volunteer who does not accumulate 50 LOSAP points for calendar year 2021 may submit a list consisting of canceled meetings, drills, standbys or other collateral duties during 2021 that the volunteer was not able to attend or complete. The volunteer’s President and the Division Chief of Volunteer Services must certify this list and award points.

  Sec. 2. Emergency Effective Date, Transition, and Retroactivity.

  (a) The Council declares that an emergency exists and that this legislation is necessary for the immediate protection of the public health and safety.  This Act takes effect on the date on which it becomes law [April 5, 2001] and applies retroactively to January 1, 2001.

  (b) Any amendment made by this Act that allows credit toward the Length of Service Awards Program for an activity that did not qualify for credit before the amendment applies for those activities conducted on or after January 1, 2001.

  (c)  Within 60 days after this Act takes effect [April 5, 2001], the Director of Finance must pay to each eligible beneficiary any retroactive length-of-service, disability, survivor's, and death benefit to which the beneficiary is entitled as a result of this Act.

### Article V. Fiscal Matters.

**Sec. 21-22. Budget preparation.**

  (a)    Each local fire and rescue department supported in whole or in part with tax funds must prepare an annual budget recommendation that describes its requirements with appropriate justification in a format prescribed by the County Executive.  Each department’s budget recommendation must be submitted to the Fire Chief by the deadline set by the Chief.

  (b)    The Fire Chief must prepare and submit to the Commission for its review and comment a unified Fire and Rescue Service budget, including the proposed budgets for local fire and rescue departments and the staff and compensation proposed for the LFRD representative.

  (c)    The Chief must forward the Commission’s comments and recommendations on the Chief’s proposed budget, together with a summary and an analysis of County-wide implications and relationships to applicable provisions of the fire service master plan, to the County Executive for review and submission to the County Council as required by the County Charter.  The Chief must transmit the proposed budget to the Executive by the deadline established by the Executive.

  (d)    The County Council must appropriate funds for fire, rescue, and emergency medical services for the ensuing fiscal year as prescribed by the Charter. A person must not encumber or spend funds in excess of appropriations. All distributions of appropriations to a local fire and rescue department are conditional on the local fire and rescue department’s complying with applicable law, County regulations and policies, and lawful orders of the Fire Chief.

**Sec. 21-23. Taxation.**

  (a)   Fire Tax District. A fire tax district, comprising the entire County, includes all real and personal property assessed for County tax purposes.

  (b)   Tax levy and collection. The County Council may levy a tax on each $100 of the assessed value of taxable property in the fire tax district at a rate to yield an amount that the Council finds sufficient to fund:

    (1)   the management, operation, and maintenance of all fire and rescue services;

    (2)   the purchase (including debt service), construction, maintenance, and operation of real and personal property necessary or incidental to fire and rescue services;

    (3)   the operation of the Fire and Rescue Service;

    (4)   all tax-supported expenditures of the local fire and rescue departments; and

    (5)   awards for the Length of Service Awards Program.

The fire tax must be levied and collected in the manner that other county real property taxes are levied and collected and have the same priority rights, bear the same interest and penalties, and in every respect be treated the same as other county real property taxes.

**Sec. 21-23A. Emergency Medical Services Insurance Reimbursement Program.**

  (a)   Obligation to Provide Service.

    (1)   The Fire and Rescue Service must provide emergency medical services under applicable medical protocols to each individual without regard to the individual’s ability to pay.

    (2)   Fire and Rescue Service personnel may only ask for information relating to an individual’s insurance coverage when it is reasonably necessary to provide transportation to an appropriate alternative destination, or to provide treatment in place.

  (b)   Definitions. In this Section the following terms have the meanings indicated:

    (1)   Alternative destination means a transport destination other than a hospital emergency department such as a behavioral health facility, primary care office, or urgent care.

    (2)   Emergency medical services means medical care provided by the Fire and Rescue Service of an individual by ambulance or other Fire and Rescue Service vehicle used for a similar purpose.  Emergency medical services does not include transportation of an individual under an agreement between the County and a health care facility.

    (3)   Federal poverty guidelines means the applicable health care poverty guidelines published in the Federal Register or otherwise issued by the federal Department of Health and Human Services.

    (4)   Fire and Rescue Service means the Montgomery County Fire and Rescue Service and includes each local fire and rescue department.

    (5)   Out of pocket expenses means any co-payment, deductible, or uninsured portion of the cost of emergency medical services. Out of pocket expenses does not include funds recovered from a tortfeasor or their liability insurance.

    (6)   Program means the Emergency Medical Services Insurance Reimbursement Program.

    (7)   Treatment in place means medical treatment provided at the scene without transport and includes treatment provided in-person, via telehealth, or both.

  (c)   Imposition of reimbursement. The County must impose a reimbursement charge for any emergency medical services provided in the County, and, unless prohibited by other law, outside the County under a mutual aid agreement.

  (d)   Liability for Reimbursement. Subject to paragraph (e), each individual who receives emergency medical services is responsible for paying for the emergency medical services.

  (e)   Hardship Waiver.

    (1)   The Fire Chief must waive the emergency medical services reimbursement for any individual whose household income is at or below 300 percent of the federal poverty guidelines.  An individual must request a waiver on a form approved by the Fire Chief.

    (2)   The Fire Chief may deny a request for a waiver if the individual who claims financial hardship under this Section does not furnish all information required by the Fire Chief.

  (f)   County Residents - Payment of Uninsured Portion of the Emergency Medical Services Reimbursement.

    (1)   County residents must not be required to pay any out-of-pocket expense relating to any emergency medical services because residents are deemed to have paid any co-payment, deductible, or uninsured portion of the cost of emergency medical services through taxes paid to the County.

    (2)   Tax revenues the County receives must be treated as payment, on behalf of County residents, of the balance of each resident’s portion of the emergency medical services charge that is not covered by the resident’s insurance.

    (3)   The County Council must annually transfer from the General Fund to the Consolidated Fire Tax District Fund an amount that the Council estimates will not be covered by residents’ insurance as payment of all residents’ uninsured portion of the emergency medical services charge.

  (g)   Restriction on Local Fire and Rescue Departments. A local fire and rescue department must not impose a separate charge for emergency medical services.

  (h)   Use of Revenue.

    (1)   Except for the transfer received from the General Fund under subsection (f), the revenues collected from the emergency medical services reimbursement must be used to supplement, and must not supplant, Fiscal Year 2013 expenditures appropriated in the annual operating budget resolution (not including any expenditures of revenue collected under this program in Fiscal Year 2013) for emergency medical services and other related fire and rescue services provided by the Fire and Rescue Service.

    (2)   The Fire Chief must create a dedicated account in the fire fund for the revenues collected from reimbursements under this Program. This amount must only be used for increased or enhanced fire and rescue services above the level appropriated in Fiscal Year 2013, as provided in paragraph (1), including new field service positions related to expansion of 4 person staffing or opening of new fire stations; increased training classes or capacity; facility maintenance and repair; new or replacement apparatus, gear, or equipment. Not more than 30 percent of this account may be spent for personnel costs.

    (3)

      (A)   Fifteen percent of the net Emergency Medical Services Insurance Reimbursement Program revenue must be allocated under a procedure specified in the annual operating budget resolution for:

        (i)   replacement or augmentation of apparatus used by one or more local fire and rescue departments;

        (ii)   facilities used by one or more local fire and rescue departments;

        (iii)   training for volunteers;

        (iv)   gear and equipment for volunteers;

        (v)   administrative staff, including administrative staff of the authorized LFRD representative, to support one or more local fire and rescue departments;

        (vi)   volunteer recruitment and retention; and

        (vii)   volunteer stand-by support.

      (B)   Any administrative staff hired or retained by a local fire and rescue department or the authorized LFRD representative using revenue allocated under this Section is not a County employee or a member of the separate merit system referred to in Section 21-16(a).

      (C)   The annual operating budget resolution under subparagraph (A) may require or authorize the distribution of revenue to either or both:

        (i)   the authorized LFRD representative; and

        (ii)   individual local fire and rescue departments.

      (D)   The Executive may enter into one or more contracts on behalf of the County to effectuate the distribution of funds as specified under subparagraph (C).

  (i)   Regulations; Reimbursement Schedule.  The County Executive must adopt a regulation under method (2) to implement the emergency medical services reimbursement program. The regulation must establish a reimbursement schedule based on the cost of providing emergency medical services.  The reimbursement schedule may include an annual automatic adjustment based on inflation, as measured by an index reasonably related to the cost of providing emergency medical services.  The regulation may require each individual who receives emergency medical services to provide financial information, including all the individual’s insurance coverage, and to assign insurance benefits to the County.

  (j)   Reporting. The Fire Chief must submit a report to the County Executive and County Council not later than January 1 and July 1 of each year regarding implementation of the Program.  The report should include:

    (1)   the number of calls for emergency medical services during the reporting period;

    (2)   the number and type of emergency medical services provided during the reporting period; and

    (3)   any other information relating to implementation of the Program that the County Executive or County Council request.

  (k)   Patient Advocate.  The Office of Consumer Protection must employ a Patient Advocate to:

    (1)   develop and implement a program for customer service as a part of the Program;

    (2)   develop and staff a help desk for questions regarding the Program; and

    (3)   serve as a liaison with any vendor retained by the County to implement the Program to assure high quality customer service and prompt resolution of questions and concerns.

  (l)   Outreach and Education Campaign. The County Executive must implement a public outreach and education campaign before and during implementation of the Program. This campaign should include:

    (1)   informational mailers to County households;

    (2)   distribution of information through County internet and web-based resources;

    (3)   radio and television public service announcements;

    (4)   news releases and news events;

    (5)   information translated into Spanish, French, Chinese, Korean, Vietnamese, and other languages, as needed;

    (6)   extensive use of County Cable Montgomery and other Public, Educational, and Government channels funded by the County;

    (7)   posters and brochures made available at County events, on Ride-On buses and through Regional Service Centers, libraries, recreation facilities, senior centers, public schools, Montgomery College, health care providers, hospitals, clinics, and other venues; and

    (8)   special outreach to senior and “New American” communities.

  Sec. 3. Implementation. The County may collect the emergency medical services transport reimbursement authorized by County Code Section 21-23A, enacted by Section 1 of this Act, for any emergency medical services transport that occurs on or after July 1, 2012. The reimbursement may be collected retroactively to July 1, 2012, or any later date during the first fiscal year the emergency medical services transport reimbursement is implemented.

  Sec. 4. Fire and Rescue Service Enhancements in Fiscal Year 2013.  Subject to appropriation, the Council intends that, to the extent sufficient revenue is achieved, revenue generated by the Emergency Medical Services Transport Insurance Reimbursement Program authorized in County Code Section 21-23A, enacted in Section 1 of this Act, in Fiscal Year 2013 should be used to fund the following enhancements to the County Fire and Rescue Service in Fiscal Year 2013:

  (a) Service Restoration: Place one ladder truck in the first battalion back into service with dedicated 24- hour staffing.

  (b) Apparatus Replacement Funding: Buy one tractor drawn ladder truck, one Engine Company, and 5 EMS units for system unit response improvements.

  (c) Facility Maintenance and Improvements: Conduct a strategic facility assessment, develop a maintenance and improvement plan for all LFRD- and County-owned fire and rescue facilities and, to the extent possible based on available funding, begin initial maintenance and repairs to these facilities.

  (d) Training: Provide system training for career and volunteer personnel, including core fire, rescue, EMS, technical rescue, and driver training classes.

  (e) Fire and Rescue Equipment: Buy personal protective equipment, portable fire, rescue, technical rescue, and EMS equipment for career and volunteer personnel, the training academy, and operational units.

**Sec. 21-24. Fire tax funds.**

  (a)    Distribution. The County must pay all appropriated funds budgeted for use by a local fire and rescue department at least on a monthly basis to the department in accordance with a projected monthly schedule or approved budget submitted by that department before the start of the fiscal year.  At the request of a local fire and rescue department, the County, as a service to that department, may retain, disburse, and account for any fire tax funds budgeted for use by that department.

  (b)   Expenditures and investments.  The treasurers, as authorized by the local fire and rescue department, must pay all proper costs, expenses, claims and demands necessary for the maintenance, equipment, and operation of the local fire and rescue department.  Any money which the County retains on behalf of the local fire and rescue department must be invested in the County’s investment fund.  The proceeds from those investments must be credited to each local fire and rescue department for the next fiscal year after the funds were invested.  Proceeds must be credited to each local fire and rescue department in proportion to the amount of funds retained and invested by the County.

  (c)   Treasurer’s bond.  Each local fire and rescue department must provide a corporate bond to the County approved by the Director of Finance conditioned on the faithful discharge of the duties of the treasurer.  The Director may approve a blanket corporate bond covering one or more local fire and rescue departments.

  (d)   Audit.  Financial transactions involving County fire tax funds must be included in the annual audit required by the Charter.  Copies of the annual audit must be provided to the County Council, the Commission, and each local fire and rescue department.

**Sec. 21-25. Debt.**

  The annual budget must include an appropriation sufficient to pay the principal and interest obligation for the ensuing fiscal year of any county bonds issued and outstanding for fire service purposes.

**Sec. 21-26. Title to assets; sale or disposition.**

  (a)   Title to fire, rescue, and emergency medical service apparatus and facilities, purchased in whole or in part with any tax funds before July 30, 1980, may be retained by the local fire and rescue department unless the appropriation resolution that funded the purchase specified otherwise.

  (b)   All apparatus and facilities purchased with tax funds after July 30, 1980, must be titled to the County and must be assigned in accordance with the adopted master fire, rescue, and emergency services plan.  A newly constructed fire station, purchased with tax funds after July 1, 1999, may be held under a title reflecting concurrent ownership by the County and a local fire and rescue department if:

    (1)   the station complies with the adopted master fire, rescue, and emergency medical services plan;

    (2)   the local fire and rescue department has contributed, or is legally committed to contribute, at least 50 percent of the on-site cost of the station, including any land cost, and of the station's proportionate share of off-site costs directly attributable to the project; and

    (3)   the Chief Administrative Officer has signed a contract with the local fire and rescue department that assures, to the fullest extent legally possible, that the station will be available for fire and rescue purposes until the station is disposed of under subsection (c), and that the station will be operated according to County law, regulations, and policies.

  (c)    The Chief Administrative Officer must approve each sale or other disposition of any apparatus or facilities to ensure that the sale or other disposition does not adversely affect the public interest.  If the Chief Administrative Officer does not approve a sale or other disposition, the County Council may by resolution approve the proposed sale or disposition. The proportionate share of the proceeds of any such disposition attributable to fire tax funds must be used by the local fire and rescue department for fire, rescue or emergency medical services, or be returned to the fire tax district. In a dispute over the source and amount of original financing, or over the value of the apparatus or facilities, the County agrees to binding arbitration under the Maryland Uniform Arbitration Act to resolve the dispute.

  (d)   The County acknowledges that it has no ownership claim to any equipment, apparatus, facilities, or property acquired without any use of tax funds.  This Chapter does not authorize the County to require the transfer of ownership of any such equipment, apparatus, facilities, or property to the County.

  (e)    The County may accept title and all encumbrances to any fire, rescue, or emergency medical service apparatus, equipment, facility or property from any local fire and rescue department that requests the transfer of title, even if the item is subject to an existing debt.  The Chief Administrative Officer must approve or reject the transfer after considering any recommendations by the Commission. The Chief Administrative Officer, after considering the Commission’s advice and recommendations, must develop procedures for the orderly disposition of assets of any local fire and rescue department that is unable to provide fire, rescue, or emergency medical services so that the assets continue to be used to provide fire, rescue, and emergency medical services in that community.

  (f)    Any funds accruing to the County from the sale or other disposition of any apparatus, equipment, facility or property must be applied to the funding of fire and rescue appropriations approved by the County Council.

  (g)    For purposes of operation, the Chief Administrative Officer, after considering the Commission’s advice and recommendations, must assign fire stations when built or acquired to a local fire and rescue department or, with the concurrence of the County Executive and County Council, to the Fire and Rescue Service.  This Section does not preclude the Fire and Rescue Service from operating a fire station as otherwise provided by law.

**Sec. 21-27. Purchasing and contracting.**

  The Fire Chief, after receiving Commission approval under Section 21-2(d)(4), must establish procedures, by regulation, that govern any purchase or contract by any department that will be financed in whole or in part with tax funds.

### Article VI. Fire Corporation Boards.

**Sec. 21-28. Conduit Road.**

  (a)   The citizens of a certain area in the County, more particularly defined in this Section, for the purpose of enabling the citizens to enjoy protection from fire and other dangers, hereby are created a body corporate known as the Conduit Road Fire Board, Incorporated.  The corporation has all the powers and privileges of a body politic and corporate, and by the corporate name may have perpetual succession, sue and be sued, plead and be impleaded, in any court of law or equity, and may have and use a common seal.  The affairs of the corporation must be managed by a board of Directors, which may exercise all the powers granted to the corporation except the power to nominate and elect the members of the board of Directors, but the board of Directors may fill a vacancy on the board.  The board of Directors must be elected as prescribed in this Section.  The corporation also has power subject to the limits of this Chapter to cause to be organized one or more volunteer fire fighting companies, auxiliary to the corporation, to approve or disapprove the officers thereof, and to make rules to govern them and to maintain discipline therein.  The Board may make, alter and amend bylaws, rules and regulations for the corporation; take title to real estate, and alienate same; borrow money and secure the payment thereof; build, alter and improve one or more fire houses; acquire by purchase or otherwise fire fighting apparatus and equipment; install fire alarms, telephones, radios, telegraph instruments and other means of communication; acquire equipment for the purpose of saving human life from loss by fire, drowning or other accident; report its financial condition annually to the Council; make contracts for necessary supplies of all kinds; employ firemen; insure the corporation, and its property against loss by reason of accident or actions at law for damages, and insure also the members of the auxiliary organization and the widows or the dependent next of kin of such members against loss by reason of accidental injury or death; accept gifts or bequests of money or property; build up a capital fund.  The board of Directors must organize by electing from the members thereof a president, 2 vice-presidents, a secretary, a treasurer and an Executive committee.  The persons so selected must be officers of the corporation.

  (b)   The board must fill any vacancy in any office or any vacancy on the board, showing due regard to the geographical distribution of the board members.  The board of Directors must be made up of 3 members elected from candidates at large in the area, and one member from each of the several communities in the area: The Town of Glen Echo, Incorporated; Mohican Hills, situate in the northwestern portion of Glen Echo Heights, and comprising the lots bordering on Mohican Road, Wiscassatt Road, Dehlonega Road and Scioto Road as per plat of Glen Echo Heights recorded in Plat Book Number 1, Folio Number 44 and Folio Number 45 of the land records of Montgomery County; Glen Echo Heights, other than the portion covered by Mohican Hills; as per plats of Glen Echo Heights; Brookmont, as per plat of Brookmont recorded in Plat Book 4, Page 305, of the land records of the County; Crest View, as per plat of Crest View recorded in Plat Book Number 3 on Page 31, of the land records of the County; and American University Park, as per plat of the American University Park recorded in Plat Book Number 1, Page 31, of the land records of the County; who must be elected from a group who may be nominated as candidates for the several communities.  A candidate at large must be a qualified voter in the area, and must be nominated by petition in writing, of 40 or more qualified voters in the area.  A candidate from any one of the listed communities must be a qualified voter resident in the community, and must be nominated by petition in writing, of 20 or more qualified voters resident in the community.  Each person so nominated for membership on the board must be certified in writing to the mayor of the Town of Glen Echo.  The mayor must provide printed blanks for petitioning and certifying the nominations.  The mayor must call a special election to be held in the Town of Glen Echo, for the purpose of electing members of the board of Directors.

  (c)   The mayor must provide printed ballots for elections and must appoint an election board to hold such election. The election board must consist of one member from each community, who must be a qualified voter in the area and who must reside in the community, and must serve without pay and must select 2 clerks who must be qualified voters in the area and who must serve without pay. The mayor must give notice of the election by advertisement, one time, in a newspaper published in the County, and the newspaper must have a general circulation in the area and the notice must be given at least 2 full weeks before the day designated for such election. The election must be held on the second Tuesday in May, every fourth year and the ballot must contain all the names of the candidates nominated as provided in this Section which may be certified to the mayor.

  (d)   All of the candidates from a given community must be grouped on such ballot under a headline indicating that they are candidates from that particular community, and the voter may vote for any one of the group.  The voters who participate in the election may vote for one candidate in each group and not otherwise; and the candidate from each community who receives the highest number of votes cast must be certified by the election board in writing, in triplicate, to the mayor, and the candidates so elected must be members of the board of Directors for 4 years and until their successors are duly elected and qualified.

  (e)   All candidates at large must be grouped on the ballot under a headline indicating that they are candidates at large and that the voter may vote for any 3 of the group.  The voters who participate in the election may vote for not more than 3 of the candidates in the group and not otherwise.  The 3 candidates of the group who receive the highest number of votes cast must be certified by the election board in writing to the mayor, and the candidates so elected must be also members of the board of Directors for 4 years and until their successors are elected and qualified.

  (f)   Each community that arises in the area, other than those provided for, must have a member on the board of Directors, after its candidates have met the same qualifications as those that have been already admitted by the other communities.  The president of the corporation, or one of the vice-presidents, shall perform all duties herein devolved upon the mayor of Glen Echo, after the first election.

**Sec. 21-29. Gaithersburg-Washington Grove Commission.**

  There is hereby created a Commission to manage the finances of the Gaithersburg-Washington Grove Volunteer Fire Department, consisting of 7 members, all of whom must be taxpayers, each appointed for a term of one year in the following manner:

  (a)   2 members by the Mayor and Council of Gaithersburg;

  (b)   2 members by the Mayor and Council of Washington Grove;

  (c)   2 members by the members of the Gaithersburg-Washington Grove Volunteer Fire Department, Inc., from its active membership; and

  (d)   one by the 6 remaining members who must be a taxpayer of Gaithersburg-Washington Grove.

  The above Section and Section 71-19(20) of the County Code do not make Gaithersburg-Washington Grove Fire Department, Inc., (a volunteer fire department) a governmental agency so as to entitle it to governmental immunity. Utica Mutual Ins. Co. v. Gaithersburg-Washington Grove Fire Department, Inc., 53 Md. App. 589, 455 A.2d 987 (1983).

**Sec. 21-30. Hillandale.**

  (a)   There is hereby created a Fire Board of the Hillandale Volunteer Fire Department, Inc., which is subject to this Chapter, the regulations and policies of the County, and the direction of the Fire Chief. The board of trustees of the Hillandale Volunteer Fire Department, Inc., constitute the Fire Board.

  (b)   The Hillandale Volunteer Fire Department, Inc., may borrow money from time to time to buy land and build a fire department building to house the equipment of the fire department, buy additional equipment from time to time as needed, and mortgage and pledge all or part of any property for money owed.

**Sec. 21-31. Upper Montgomery County.**

  There is hereby created a Fire Board to manage the finances of the Upper Montgomery County Volunteer Fire Department, Inc., and to exercise such other authority as is vested in it by law. The board of trustees of the Upper Montgomery County Volunteer Fire Department, Inc., constitute the Fire Board.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 22. Fire Safety Code.

**Sec. 22-1. Short title.**

  This Chapter may be referred to as “The Montgomery County Fire Safety Code”.

**Sec. 22-2. Purpose; intent.**

  (a)   The purpose and the intent of this Chapter is to prescribe minimum requirements and controls to safeguard life, property, and the public welfare from the hazards of fire and explosion arising from the improper storage, handling, or use of substances, materials, or devices and from conditions hazardous to life, property, and the public welfare in the use or occupancy of buildings, structures, or premises.

  (b)   Where no specific standard or requirement is specified in this Chapter, or any other applicable law or regulation, compliance with applicable standards of the National Fire Protection Association (NFPA), International Code Council (ICC), American Insurance Association (AIA), or any other nationally recognized fire safety standard approved by the Director of Permitting Services is prima facie evidence of compliance with this Chapter.

**Sec. 22-3.  Construction and scope of chapter.**

  (a)   This Chapter applies to existing conditions and to conditions arising after this Chapter was adopted. However, a condition legally existing when this Chapter was adopted, but not in strict compliance with this Chapter, may continue only if the Director finds that the condition is not a distinct hazard to life or property.

  (b)   The provisions of this chapter shall apply to all buildings, structures, areas, or premises within the county which are owned or occupied by any agency of Montgomery County government, Montgomery County public schools or Montgomery College, even though such building, structure, area, or premises is located within a municipality otherwise exempt from this chapter.

  (c)   The provisions of this chapter shall not apply to any building, area or premises within the county which is owned by any department or agency of the government of the United States or the state.

  (d)   Nothing in this chapter limits the authority of any individual who has been appointed an assistant State fire marshal or special assistant state fire marshal in accordance with the Public Safety Article of the Maryland Code, or the authority granted by other laws or codes.

  (e)   This Chapter does not render any other applicable law or regulation invalid.  If  a conflict arises between this Chapter and another law or regulation, the fire marshal and the head of the agency responsible for enforcing the conflicting law or regulation must agree  which applies. If they cannot agree, any remaining conflict must be referred to the Director.  The decision of the Director in any matter relating to fire safety in or for any building, structure, area, or premises is final.  Within 30 days after any remaining conflict has been resolved, the Director and the head of the agency responsible for enforcing the conflicting law or regulation must forward to the County Executive a joint proposal to amend a law or regulation to eliminate the conflict.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 22-4.  Application of building code.**

  (a)   The planning, design and construction of new buildings and structures to provide the necessary egress facilities, fire protection and built-in fire protection equipment shall be controlled by the applicable building code and any alterations, additions or changes in buildings required by the provisions of this code which are within the scope of the building code shall be made in accordance therewith.

  (b)   Except for maintenance of fire safety features and items specifically required by this chapter, whenever the fire official finds conditions that may be in violation of the building code, he shall notify the building official who shall inspect the premises and, if a violation exists, shall require abatement of the conditions to comply with the building code.

**Sec. 22-4A.  Certification procedure.**

  (a)   The Director, in accordance with Chapter 8, may recommend a waiver of an examination of plans for the erection or alteration of a building which involve structural work or structural changes affecting public safety or health if:

    (1)   the plans are prepared by a licensed engineer or registered architect; and

    (2)   the plans are accompanied by an affidavit by the applicant and the supervising engineer or architect that:

      (A)   the architect or engineer has supervised the preparation of the architectural, structural, and mechanical design plan; and

      (B)   the plans conform to this Chapter and regulations adopted under it.

  (b)   The Director may waive all or part of the regular field inspection of construction if the architect or engineer certifies to the Director that:

    (1)   the architect or engineer will supervise and check all working drawings and shop details for the construction; and

    (2)   the structure will be built under the architect’s or engineer’s field supervision in accordance with the approved plans.

  (c)   The Director may waive any final inspection required under this Chapter which relates to the issuance of a certificate of use and occupancy if the registered engineer or architect who supervised the construction or reconstruction of the building certifies to the Director under oath that:

    (1)   the building has been built in accordance with the approved plans; and

    (2)   The building, as built or reconstructed, complies with this Chapter and all other laws and regulations except any variations specifically authorized.

  (d)   The Director may grant a waiver related to plan review under subsection (a) if the waiver is warranted in light of subsection (a) and:

    (1)   the experience of the architect or engineer in dealing with fire safety features of building construction, reconstruction or rehabilitation;

    (2)   the availability and deployment of inspection personnel; and

    (3)   other health and safety factors relevant under the circumstances.

  (e)   The Director may grant a waiver related to construction inspection, and use and occupancy inspection under subsections (b) and (c), if the waiver is warranted in light of subsections (b) and (c) and:

    (1)   the experience of the architect or engineer in dealing with fire safety features of building construction, reconstruction or rehabilitation;

    (2)   the availability and deployment of inspection personnel; and

    (3)   other factors of health and safety deemed relevant under the circumstances.

  (f)   The Director must issue a decision on a request for a waiver under subsections (a), (b), and (c), within 10 days after receiving the request.  The Director has complete discretion to approve or reject a waiver.  The decision of the Director is final, and no appeal may be taken.  If the Director grants a waiver, the Director must find in writing that the waiver complies with subsection (d) or (e), as applicable.

  (g)   The Director may grant a waiver under this Section only to the extent permitted under State and local law.

**Sec. 22-5.  Definitions.**

  In this Chapter, the following words have the following meanings:

  Agent means any person who has charge, care or control of any building as owner, or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.  Any such person representing the actual owner must comply with the provisions of this code to the same extent as if he were the owner.

  Air supported structure means a structural and mechanical system which is constructed of high strength fabric or film and achieves its shape, stability and support by pretensioning with internal air pressure.

  Alternative means a system, condition, arrangement, material, or equipment submitted to the Director as a substitute for a code requirement.

  Approved means acceptable to the Director.  In determining the acceptability of installations or procedures, equipment, or materials, the Director may base acceptance on compliance with the NFPA or other appropriate standards.  In the absence of such standards, the Director may require evidence of proper installation, procedure, or use. The Director may also refer to the listings or labeling practices of any nationally recognized testing laboratory, inspection agency, or other organization which evaluates products and can determine compliance with appropriate standards for and the satisfactory performance of such equipment or materials in actual usage.

  Approved plastic container means a plastic container of not more than five (5) gallons capacity which has been labeled by Underwriters Laboratories, Inc., or Factory Mutual, Inc., as being suitable for the storage of Class I flammable liquids.

  Assembly means places of assembly including, but not limited to, all buildings or portions of buildings used for gathering together fifty (50) or more persons in commercial places of assembly and one hundred (100) or more persons in noncommercial places of assembly.  Places of assembly include those facilities used for such purposes as deliberation, worship, entertainment, amusement, or awaiting transportation.  Occupancy of any room or space for assembly purposes by less than one hundred (100) persons in a building of other occupancy and incidental to such other occupancy must be classed as part of the other occupancy and subject to the provisions applicable thereto.

  Authority having jurisdiction means the Director or Fire Chief with appropriate responsibility.

  Automatic fire extinguishing system means any system which is designed and installed to detect a fire and subsequently expel an extinguishing agent without any human intervention.

  Basement means a portion of the building partly underground, but having less than half its clear height below the average grade of the adjoining ground.

  Building means a structure wholly or partially enclosed, either standing alone or cut off from other structures by fire walls, and which is designed for housing persons, animals or property.

  Building official means the officer or other designated authority charged with the administration and enforcement of the building code.

  Burning means lighting, igniting, kindling, or setting fire to combustible materials, adding fuel to a fire, or permitting combustible material to burn.

  Cellar means the portion of the building, partly underground, having half or more than half of its clear height below the average grade of the adjoining ground.

  Central fire communications center means the public fire service communication facilities operated by the Montgomery County Fire and Rescue Service as part of the County emergency operations center.

  Central station means an office to which remote alarm and supervisory signaling devices are connected, where personnel are in attendance at all times to supervise the circuits and investigate signals.

  Central station system means a system, or group of systems, in which the operations of circuits and devices are signaled automatically to, recorded in, maintained and supervised from an approved central station having competent and experienced observers and operators who must, upon receipt of a signal, take such action as is required by this standard.  Such systems must be controlled and operated by a person, firm or corporation whose principal business is the furnishing and maintaining of supervised signaling service.

  Combination system means a household fire warning system whose components may be used in whole or in part, in common with a nonfire emergency signalling system, such as a burglar alarm system or an intercom system, without degradation of or hazard to the fire warning system.

  Compressed gas means and includes any mixture or material having in the container either an absolute pressure exceeding forty (40) pounds per square inch at seventy (70) degrees Fahrenheit or an absolute pressure exceeding one hundred four (104) pounds per square inch at one hundred thirty (130) degrees Fahrenheit or both; or any liquid flammable material having a vapor pressure as defined in section 1.424 exceeding forty (40) pounds per square inch at one hundred (100) degrees Fahrenheit.

  Combustible fiber means any material in a fibrous or shredded form which will readily ignite when heat sources are present.

  Combustible liquid means a liquid having a flash point at or above one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).  Combustible liquids are subdivided as follows:

Class II liquids include those having flash points at or above one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade) and below one hundred forty (140) degrees Fahrenheit (60 degrees Centigrade).

Class IIIA liquids include those having flash points at or above one hundred forty (140) degrees Fahrenheit (60 degrees Centigrade) and below two hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).

Class IIIB liquids include those having flash points at or above two hundred (200) degrees Fahrenheit (93.4 degrees Centigrade).

  Combustible refuse means all combustible or flammable loose rubbish, litter or waste materials generated by any occupancy which are refused, rejected or considered worthless and are disposed of by incineration on the premises where generated or periodically transported from the premises.

  Combustible waste means combustible or flammable loose waste materials which are generated by any establishment or process and, being salvageable, are retained from scrap for reprocessing on the premises where generated or transported to a plant for processing, including but not limited to all combustible fibers, hay, straw, hair, feathers, down, wood shavings, turnings, all types of paper products, soiled cloth trimmings and cuttings, rubber trimmings and buffings, metal fines, and any mixture of the above items or any other salvageable combustible or flammable waste material.

  Director means the Director of Permitting Services.

  Distribute includes rental, leasing and giving away as a prize or a premium.

  D.O.T. container means any container approved by the U.S. Department of Transportation for shipping any liquid, gaseous or solid material of a flammable, toxic or other hazardous nature.

  Dwelling means a single unit providing complete and independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

  Dwelling unit means one or more habitable rooms which are occupied or which are intended or designed to be occupied by one (1) family with facilities for living, sleeping, cooking and eating.

  Existing condition means any situation, circumstance or physical makeup of any structure, premises or process which was on-going or in effect prior to the adoption of this code.

  Explosive means a chemical compound or mechanical mixture, that is commonly used or intended for the purpose of producing an explosion, that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life and limb.

  Fire apparatus means a vehicle such as a fire pumper, aerial ladder truck, elevated platform, rescue squad or similar fire-fighting or rescue equipment.

  Fire Chief means the Fire Chief appointed under Section 21-3 or the Fire Chief’s designee.

  Fire code inspector means a qualified employee in the Department of Permitting Services.

  Fire department means the Montgomery County Fire and Rescue Service.

  Fire department connection (siamese connection) means a connection on a building for fire department use in supplementing or supplying water for standpipes and sprinkler systems.

  Fire door means a tested, listed, or approved door and door enclosure constructed and installed for the purpose of preventing the spread of fire through openings in walls, partitions, or other horizontal or vertical construction.  See Standard for Fire Doors and Windows, NFPA No. 80 for classification and types of fire doors.

  Fire hazard means any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire; or which may obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire.

  Fire hydrant means a valved outlet on a water supply system with one or more threaded outlets and used to supply fire department hose and pumpers with water.

  Fire lane means the road, path, or other passageway developed to allow the passage of fire apparatus through congested areas.

  Fire Marshal or County Fire Marshal means  a qualified employee of the Department of Permitting Services designated by the Director as the County Fire Marshal.  Fire Marshal includes the Fire Marshal’s designee, unless the context clearly indicates otherwise.

  Fire official means any person serving as a designated employee, representative, or agent of the  Montgomery County Fire and Rescue Service or the Department of Permitting Services.

  Fire protection system means any fire alarm device or system, fire detection device or system or fire extinguishing device or system, or their combination, which is designed and installed for detecting, controlling or extinguishing a fire or otherwise alerting occupants or the fire department, or both that a fire has occurred.

  Fire separation means construction of rated fire resistance or the maintenance of clear area to resist the spread of fire.

  Fireworks display means the use of fireworks in a manner to provide audio and visual entertainment to a group of people.

  Flamespread rating means the comparative performance of fire travel over the surface of a material when tested in accordance with the provisions of nationally recognized test methods.  Grouping of ratings is listed in Life Safety Code, NFPA No. 101.

  Flammable means capable of burning or producing flame at ordinary temperatures, or being easily ignited.

  Flammable finishing means the spraying, dipping, flow-coating or electro-static bonding of flammable substances on other materials, devices or construction.

  Flammable liquid means a liquid having a flash point below one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade) and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute) at one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade) and is known as a Class I liquid.  Class I liquids are subdivided as follows:

Class IA includes those liquids having flash points below seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a boiling point below one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).

Class IB includes those liquids having flash points below seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and having a boiling point at or above one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).

Class IC includes those liquids having flash points at or above seventy-three (73) degrees Fahrenheit (22.8 degrees Centigrade) and below one hundred (100) degrees Fahrenheit (37.8 degrees Centigrade).

  Flammable solid means a solid substance, other than one (1) classified as an explosive, which is liable to cause fires through friction, through absorption of moisture, through spontaneous chemical changes or as a result of retained heat from manufacturing or processing.

  Flash point means the minimum temperature in degrees Fahrenheit at which a flammable liquid will give off sufficient vapors to form an ignitable mixture with air near the surface or in the container, but will not sustain combustion.  The flash point of a liquid must be determined by appropriate test procedure and apparatus as specified below. The flash point of flammable liquids having a flash point below one hundred seventy-five (175) degrees Fahrenheit must be determined in accordance with nationally recognized good practice using the Tag Closed Tester.  The flash point of flammable liquids having a flash point of one hundred seventy-five (175) degrees Fahrenheit or higher must be determined in accordance with nationally recognized good practice using the Pensky-Martens Closed Tester (ASTM D 93).

  Gallon means one (1) U.S. standard gallon.

  Grade means the reference plane representing the average elevation of finished ground level adjoining the building at all exterior walls.

  Household fire warning system means a system of devices that produce an audible alarm signal in the household for the purpose of notifying the occupants of the presence of a fire so they may evacuate the premises.  The term “household fire warning system” does not include alarm systems where the signal is extended to another location such as a fire department or central station service.

  Liquefied petroleum gas (LP gas) means any material which is composed predominantly of the following hydrocarbons, or mixtures of them: propane, propylene, butane (normal butane or isobutane) and butylenes.

  Loose house means a separate detached building in which unbaled combustible fibers are stored.

  Means of egress means a continuous and unobstructed path of travel from any point in a building or structure to a public space and consists of three (3) separate and distinct parts: (a) the exitway access, (b) the exitway, and (c) the exitway discharge; a means of egress comprises the vertical and horizontal means of travel and includes intervening room spaces, doors, hallways, corridors, passageways, balconies, ramps, stairs, enclosures, lobbies, escalators, horizontal exits, courts and yards.

  Multi-family dwelling means any building or portion thereof, which is designed, built, rented, leased, sold, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their own cooking in such building and includes flats and apartments.

  Notice means the verbal or written statement which gives an order, information or warning.

  Ordinary conduct means the customary procedures which are normally followed.

  Owner means any person who alone or jointly or severally with others has legal title to any building, structure or premises with or without accompanying actual possession thereof and includes his

or her duly authorized agent or attorney, a purchaser, devisee, fiduciary and any person having a vested or contingent interest in the property in question.

  Permit means an official document or certificate issued by the authority having jurisdiction for the purpose of authorizing performance of a specified activity.

  Person means a corporation, firm, partnership, association, organization and any other group acting as a unit as well as individuals.  Person includes an executor, administrator, trustee, receiver or other representative appointed according to law.  Whenever the term person is used in any section of this Chapter prescribing a penalty or fine, as to partnerships or associations, the term includes the partners or members thereof and, as to corporations, includes the officers, agents or members thereof who are responsible for any violation of such section.

  Places of assembly means places of assembly including, but not limited to, all buildings or portions of buildings used for gathering together fifty (50) or more persons in noncommercial places of assembly.  Places of assembly include those facilities used for such purposes as deliberation, worship, entertainment, amusement, or awaiting transportation.  Occupancy of any room or space for assembly purposes by less than one hundred (100) persons in a building or other occupancy and incidental to such other occupancy must be classed as part of the other occupancy and subject to the provisions applicable thereto.

  Process means the manufacturing, handling, blending, conversion, purification, recovery, separation, synthesis or use, or any combination, of any commodity or material regulated by this code.

  Public stable means any place which has available for hire for riding or riding instruction purposes any horse or pony; or where horses or ponies other than those belonging to the owner of the stable are kept, boarded or trained.

  Repair means the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance.  The term repair or repairs does not apply to any change in construction.

  Representative means a person duly appointed in the name of the Fire Chief, Director, or Fire Marshal to administer or enforce this Chapter.

  Safety can means an approved container of not over five (5) gallons capacity having a spring- closing lid and spout cover.

  Small arms ammunition means any shotgun, rifle, pistol or revolver cartridges.

  Smoking means lighting, igniting, holding or possessing any lighted cigar, cigarette or pipe; or, carrying, throwing or depositing any lighted or smoldering cigar, cigarette or pipe.

  Standpipe means a pipe and attendant hose valves and hose (if provided) used for conveying water to various parts of a building for fire-fighting purposes.

  Story means that portion of a building included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, the space between such floor and the ceiling next above it.  A basement is counted as a story, if it is used for business or dwelling purposes.  A mezzanine floor is counted as a story, if it covers over one-third of the area of the floor next below it or if the vertical distance between the floor next below it and the floor next above it is twenty (20) feet or more.

  Street means a public thoroughfare (street, avenue or boulevard) which has been dedicated for vehicular use by the public and can be used for access by fire department vehicles.

  Supervised automatic fire extinguishing system means any automatic fire extinguishing system which is constantly monitored so as to determine operating condition at all times.

  System means several items of equipment assembled, grouped or otherwise interconnected for the accomplishment of a purpose or function.

  Water capacity means the volumetric measure of the amount of water a container can hold.

**Sec. 22-6.  Administration.**

  (a)   Authority of Fire Chief and Director of Permitting Services generally. The Fire Chief and the Director of the Department of Permitting Services must administer this Chapter.  The Fire Chief and the Director of Permitting Services must perform the respective duty or duties assigned under this Chapter or any other applicable law.  The Fire Chief and the Director of Permitting Services may delegate any power or duty under this Chapter to any other County employee.

  (b)   Authority of Fire Chief in emergencies.  In an emergency where the Fire Chief finds that life or property is in immediate danger of fire, the Fire Chief may take any action  necessary to protect life or property.

  (c)   Enforcement assistance.  Police and any other authorized agency must provide necessary assistance to enforce this Chapter when the Fire Chief or the Director of Permitting Services so requests.

  (d)   Fire Code Compliance.  The Department of Permitting Services may enforce all County laws and regulations on:

    (1)   fire prevention;

    (2)   storage, use, and handling of explosive, flammable, toxic, corrosive, and other hazardous gaseous, solid, and liquid materials;

    (3)   installation and maintenance of automatic, manual, and other private fire alarm systems and fire extinguishing equipment;

    (4)   maintenance and regulation of fire escapes;

    (5)   maintenance of fire protection and elimination of fire hazards on land and in buildings, structures, and other property, including those under construction; and

    (6)   adequacy of each fire exit from any building.

  (e)   Authorization for requirement changes.  A fire safety requirement proposed for imposition during the course of building construction that would change or substitute a material, feature, construction method, or any other aspect of construction different from the original or amended subdivision, site, or construction plans and specifications, as approved by the Director must only be imposed if the Director finds that the change or substitution is necessary to avoid a specific and demonstrable threat to public safety.  The Director must provide a copy of the finding to the affected person and  to the public on request.

  (f)   Fire and explosive investigation section.  The Fire Chief may organize and supervise a Fire and Explosive Investigation Section in the Fire and Rescue Service to investigate the cause and origin of any fire.  The Fire Chief may ask the State fire marshal to appoint one or more qualified employees of the Fire and Rescue Service to serve as a special assistant State fire marshal.

**Sec. 22-7.  Right of entry.**

  (a)   Generally.

    (1)   The County Executive, Fire Chief, Police Chief, and Director of Permitting Services, or their authorized representatives, after exhibiting the proper credentials or proof of identity on request, may enter any building, structure, or premises (except any area actually occupied as a dwelling unit) without consent of the occupants during business or operating hours and at other times in an emergency that immediately endangers life, property or public safety, to perform duties under this Chapter or enforce this Chapter.

    (2)   For a multi-family dwelling, the Executive, Fire Chief, Police Chief, and Director of Permitting Services, or their authorized representatives, may only enter without consent any space that is not part of an individual dwelling unit, such as a storage room, laundry room, boiler room, utility room, hallway, or basement.  However, the Executive, Fire Chief, and Police Chief may enter any individual dwelling unit:

      (A)   to enforce this Chapter with the consent of the occupant; or

      (B)   without the consent of the occupant if the Executive, Fire Chief, or Police Chief obtains a search warrant under prescribed legal procedure, or during or immediately after an emergency such as a fire or explosion.

  (b)   Impersonation of officials.  It shall be unlawful for any unauthorized person to use a badge, uniform or other credentials so as to impersonate a fire official for the purposes of gaining access to any building, vessel, vehicle or premises in this jurisdiction.

  (c)   Implied consent.  Any application for, or acceptance of, any permit or license requested or issued pursuant to this code constitutes agreement and consent by the person making application or accepting the permit to allow fire officials to enter the premises to conduct such inspections as required to enforce this code.

**Sec. 22-8.  Report of fire and rescue incident.**

  (a)   The Division of Fire and Rescue Operations and any local fire and rescue department must report each incident involving the delivery of, or a request to deliver, fire, rescue or emergency medical services, to the Fire and Rescue Service in a manner prescribed by the Fire Chief.  Each report must include:

    (1)   the cause, origin, and circumstances of any fire, and any factors contributing to its spread;

    (2)   the nature and extent of any personal injury or illness;

    (3)   details of any hazardous materials incident; and

    (4)   any other information that the Chief requires.

  (b)   The Fire Chief, or the Fire Chief’s designee, is the custodian of each report submitted under this Section.

  (c)   A local fire and rescue department need not maintain any report after it is submitted under this Section.

**Sec. 22-9.  Investigation of fires.**

  (a)   Authority of Fire Chief generally.  The Fire Chief has the authority to investigate the cause, origin and circumstances of every fire, explosion or other emergency in which the fire department has a reasonable interest or is called for assistance, including inspection of any document pertinent to the investigation.  When the Fire Chief has reason to believe that a fire or explosion may be the result of a violation of any law, he or she must immediately take custody of and safeguard all physical evidence in connection therewith and has the authority to prohibit the disturbance or removal of any material, substance, device or utility in or upon any building or property wherein or whereon a fire or explosion has occurred until the investigation of the fire is complete and to take such photographs and statements and make such drawings as he may deem necessary.

  (b)   Authority of Fire Chief to enter and examine.  The Fire Chief has the authority at all times, in performance of the duties imposed by the provisions of this chapter, to enter upon and examine any building or premises, vehicle or thing where any fires or attempts to cause fires have occurred, or which at the time may be burning, and also the power to enter upon at any time any building or property adjacent to that in which the fire or attempt to cause fires has occurred, should he or she deem it necessary in the proper discharge of his or her duties; and he or she may, in the exercise of his or her discretion, take full control and custody of such buildings and premises, and place such person in charge thereof as he or she may deem proper, until his or her examination and investigation is completed.

  (c)   Testimony; arrests.  The Fire Chief, in making this inspection or investigation, may, when in his or her judgment necessary, take the testimony on oath of all persons supposed to be cognizant of any facts, or to have the means or knowledge in relation to the matter herein required to be examined and inquired into, and to cause the testimony to be reduced to writing; and when, in his or her judgment, the examination discloses that the fire or explosion or attempt to cause a fire or explosion was of incendiary origin, the Fire Chief must notify the appropriate authorities and must transmit a copy of the testimony so taken to the state’s attorney for the county or city wherein the fire or explosion or attempt to cause a fire or explosion occurred.

  (d)   Witnesses; production of documents; oaths.  The Fire Chief has the power to summon witnesses and to compel their attendance before him or her to testify in relation to any matter which is, by the provision of this chapter, a subject of inquiry and investigation by the Fire Chief, and also has the power to cause to be produced before him or her such papers as he or she may require in making such examination. The Fire Chief is authorized to administer oaths and affirmations to persons appearing as witnesses before him or her.

  (e)   Interference with Fire Chief; failure to appear, produce documents, etc.  Any person who interferes with the Fire Chief in the performance of his or her duties under this section, or who fails to appear when summoned, or fails to provide such documents and records as are summoned or who fails to testify when requested is guilty of a misdemeanor and, upon conviction thereof, is subject to the penalty section of the chapter.

**Sec. 22-10.  Permits and certificates.**

  (a)   Legal effect; transfer.  A permit shall constitute permission to maintain, store, use or handle materials or to conduct processes which produce conditions hazardous to life or property or to install equipment used in connection with such activities.  Such permit shall not take the place of any license required by law.  A permit issued under this Chapter shall continue until revoked or for such a period of time as designated therein at the time of issuance.  It shall not be transferable and any change in use, occupancy, location, operation or ownership shall require a new permit.

  (b)   Application for permit.  Each application for a permit required by this Chapter must be made to the Department of Permitting Services in the form prescribed.  Each application must be accompanied by any plans, specifications, or details required by the Director.

  (c)   Inspection before issuance of permit.  Before a permit may be issued, the Director may inspect and approve any receptacle, vehicle, building, device, premises, storage space, or area to be used.

  (d)   Display of permits.  A copy of the permit must be posted at each place of operation or carried by the permit holder as specified by the Director.

  (e)   More than one (1) permit for the same location.  Whenever, under the provisions of this Chapter, more than one (1) permit or certificate is required for the same location, such permits or certificates may be consolidated into a single permit or certificate.

  (f)   Compliance required.  All permits or certificates issued under this Chapter shall be presumed to contain the proviso that the applicant, his agents and employees shall carry out the proposed activity in compliance with all the requirements of this Chapter and any other laws or regulations applicable thereto, whether specified or not and in complete accordance with the approved plans and specifications.  Any permit or certificate which purports to sanction a violation of this Chapter or any applicable law or regulation shall be void and any approval of plans and specifications in the issuance of such permit shall likewise be void.

  (g)   Revocation.  Any permit or certificate issued under this Chapter may be suspended or revoked if the Director finds that:

    (1)   It is used by a person other than the person to whom the permit or certificate was issued.

    (2)   It is used for a location other than that for which it was issued.

    (3)   Any of the conditions or limitations set forth in the permit or certificate have been violated.

    (4)   The permittee fails, refuses or neglects to comply with any order or notice duly served upon him under the provisions of this Chapter within the time provided therein.

    (5)   There has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or application was based.

    Revocation shall be in writing and shall state the reason for the revocation.

  (h)   Authority to require exposure or stop work.

    (1)   If any installation requiring a permit or inspection is covered or concealed without having first been inspected, the Director must require by written notice that the work be exposed for inspection.  The permittee must pay any cost of exposing and recovering the work.

    (2)   If any construction or installation work is performed in violation of the plans and specifications as approved by the Director of Permitting Services, the Director must issue a written notice to the responsible party to stop work on that portion of the work which is in violation. The notice must state the nature of the violation, and any responsible party must not continue work on that portion until the violation has been corrected.

**Sec. 22-11. Failure to obtain permit, approval or certificate.**

  (a)   Any person who sells, offers for sale, installs, operates, maintains or uses any appliance, device, equipment, system or process which requires a permit, approval or certificate and has not obtained the same shall be guilty of a misdemeanor.

  (b)   Any person who stores, handles or uses any materials for which a permit is required and who has not obtained the same shall be guilty of a misdemeanor.

**Sec. 22-12. Operation under expired, suspended or revoked permits.**

  Any permittee who engages in any business, operation or occupation or uses any premises after the permit issued therefor has been suspended or revoked or has expired shall be guilty of a misdemeanor.

**Sec. 22-13. Regulations.**

  (a)   The Director may recommend, and the Executive may adopt, under method (2) of section 2A-15 of this Code, written regulations for the administration of the provisions of this chapter including a schedule of fees and hold public hearings as part of this regulation- making process. Such regulations and amendments thereto must not conflict with nor waive any provisions of this chapter nor be less restrictive than its provisions. In the case of fees, the County Executive must promptly forward to the county council a copy of the new fee schedule for use in budgetary planning activities. Such fees must be in accordance with formulas based upon criteria to include area or estimated cost of construction, or cost of inspection and processing or a minimal set fee per category, not to exceed the cost of administering and enforcing this code.

  (b)   The Director must hold public hearings, upon adequate public notice of not less than thirty (30) days, before forwarding his or her recommendations for regulations setting forth the standards and requirements for controlling the hazards of fire and explosion from improper storage, handling or use of substances, materials or devices and for controlling the hazardous use of property.

**Sec. 22-14. National standards.**

  The Director must recommend that the Executive adopt by regulation under Section 22-13 those parts of the National Fire Code as published by the National Fire Protection Association, or a comparable code published by a similar organization, that the Director finds will promote the purposes of this Chapter.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 22-15.  Special hazards.**

  In occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be required by the Director consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved.  Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos, blankets, breathing apparatus, manual or automatic covers, or carbon dioxide, foam or other special fire extinguishing systems.  Where such systems are installed, they must be in accordance with the applicable standards of the National Fire Protection Association.

**Sec. 22-15A.  Compilation of requirements.**

  (a)   The Director must prepare informational material designed to provide the public and prospective developers with a clear understanding of the procedures to be followed in securing approval of fire safety aspects of construction or rehabilitation projects.  This information must be transmitted to the department or office responsible for the compilation and publication of the development manual required in subsection (d)(2) of section 2-27A for integration into such manual.  Further, the Director must assure that all proposed regulatory and procedural changes regarding fire safety requirements are made available to the responsible department or office for inclusion in the agenda of regulatory change called for in subsection (d)(4) of section 2-27A.  Furthermore, all significant interpretations of fire safety code provisions and all general waivers or precedent-setting waivers to such code provisions must be similarly forwarded to the responsible department or office in standardized format for circulation to users of the development manual.

  (b)   The Director is authorized and directed to designate a staff member(s) or a unit within the Department of Permitting Services to be responsible for providing information required herein to the public and to maintain a continuing liaison with industry representatives and other governmental agencies regulating or monitoring housing construction and occupancy.

**Sec. 22-16.  Order to eliminate dangerous or hazardous conditions generally.**

  (a)   Generally. Whenever the Director, or other authorized fire official, finds any structure or upon any premises dangerous or hazardous conditions or materials as follows, the Director must order such dangerous conditions or materials to be removed or remedied in accordance with the provisions of this code:

    (1)   Dangerous conditions which are liable to cause or contribute to the spread of fire in or on said premises, building or structure or endanger the occupants thereof.

    (2)   Conditions which would interfere with the efficiency and use of any fire protection equipment.

    (3)   Obstructions to or on fire escapes, stairs, passageways, exitways, doors or windows, liable to interfere with the egress of occupants or the operations of the fire department in case of fire.

    (4)   Accumulations of dust or waste material in air conditioning or ventilating systems or the grease in kitchen or other exhaust ducts.

    (5)   Accumulations of grease on kitchen cooking equipment, or oil, grease or dirt upon, under or around any mechanical equipment.

    (6)   Accumulations of rubbish, waste, paper, boxes, shavings or other combustible materials or excessive storage of any combustible material.

    (7)   Hazardous conditions arising from defective, inadequate or improperly used or installed electrical wiring, equipment or appliances.

    (8)   Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible, flammable, explosive or otherwise hazardous materials.

    (9)   Dangerous or unlawful amounts of combustible, flammable, explosive or otherwise hazardous materials.

    (10)   Reduced effectiveness of any fire wall, fire separation wall, fire partition or any opening protective assembly provided therein.

    (11)   Hazardous conditions arising from defective or improperly installed or maintained fire protection systems, internal communications systems or fire ventilation systems.

  (b)   Notice to repair, alter, etc.; condemnation tags.  Whenever the Director deems any chimney, smoke stack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appurtenance thereto or anything regulated under provisions of this code in or upon any building, structure or premise to be defective or unsafe so as to create an immediate hazard, he or she must serve upon the owner or the person having control of the property written notice to repair or alter as necessary and must notify any other authority enforcing codes regulating such equipment.  He or she may affix a condemnation tag prohibiting the use thereof until such repairs or alterations are made.  When affixed, such tag may be removed only by the order of the Director and may be removed only when the hazard to which the order pertains has been eliminated in an approved manner.  Until removed, that item or device which has caused the hazard must not be used or permitted to be used.

**Sec. 22-17.  Service of orders and notices.**

  Any order or notice issued pursuant to this chapter shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service, or by delivering the same to and leaving it with some person of responsibility upon the premises, or by affixing a copy thereof in a conspicuous place at or near the entrance to such premises or by mailing a copy thereof to such person by registered or certified mail to the last known address with return receipt requested.

**Sec. 22-18.  Compliance.**

  (a)   Generally. A person has committed a Class A violation if that person violates, permits a violation of, or does not comply with:

    (1)   this Chapter;

    (2)   an order issued under this Chapter;

    (3)   any building specification or plan approved under this Chapter; or

    (4)   any certificate, permit, or approval issued under this Chapter.

  (b)   Orders or notices.

    (1)   Any order or notice regarding a condition or violation which must be corrected must:

      (A)   set a deadline for compliance that is based on the danger created by the condition or violation;

      (B)   be complied with by the owner and any other person responsible for the condition or violation; and

      (C)   require immediate compliance if the condition or violation presents an extreme danger to any person or property.

    (2)   If the property is occupied by a person other than the owner, the owner is responsible for compliance with the order or notice unless within five days after the order or notice is issued:

      (A)   the owner and occupant agree that the occupant will comply with the order or notice; and

      (B)   the owner and occupant notify the Director of this decision.

  (c)   Unauthorized tag removal.  A person has committed a Class A violation if that person:

    (1)   continues using any device or appliance that was tagged under Section 22-16; or

    (2)   removes the tag without written permission of the Director.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 22-19.  General authority to combat fires and related emergencies and conduct rescue operations; interfering with fire department.**

  (a)   The fire official conducting operations in connection with the extinguishment and control of any fire, explosion or other emergency shall have full power and authority to direct all operations of fire extinguishment or control and to take the necessary precautions to save life, protect property and prevent further injury or damage.  In the pursuit of such operation, including the investigation of the cause of such emergency, the fire official may control or prohibit the approach to the scene of such emergency by any vehicle, vessel or thing and all persons not actually employed in the extinguishment of such fire or involved in other actions germane to the emergency.

  (b)   Any person who obstructs the operations of the fire department in connection with extinguishing any fire, or actions relative to other emergencies, or disobeys any lawful command of the fire official in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department, shall be in violation of this code and subject to the penalties established by law.

**Sec. 22-20.  Evacuation of persons.**

  (a)   When, in the opinion of the Director, there is actual danger to the occupants or those in the proximity of any building, structure or premises because of unsafe structural conditions or inadequacy of any exitway, the presence of explosives, explosive fumes or vapors, flammable liquids, vapors, gas or the presence of toxic fumes, gases or materials, the Director may order the immediate evacuation of such building, structure or premises.  All of the occupants so notified shall immediately leave the building, structure or premises and no one shall enter or re-enter until authorized to do so by the Director.

  (b)   Any person who shall refuse to leave, interfere with the evacuation of other occupants or continue any operation after having been given an evacuation order except such work as he is directed to perform to remove a violation or unsafe condition, shall be deemed guilty of a misdemeanor.

**Sec. 22-21.  Appeals.**

  (a)   Any person aggrieved by the issuance, denial, renewal, amendment, suspension, or revocation of a permit, license, or certificate under this Chapter may appeal to the County Board of Appeals within 10 days after the permit, license, or certificate is issued, denied, renewed, amended, suspended, or revoked.  After notice and hearing, the Board may affirm, modify, or reverse the action taken.

  (b)   If a party is aggrieved by a final decision of the Board under this Chapter, the party may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions.  A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

  (c)   Unless the court reviewing the Board’s decision orders a stay, the decision remains in effect until a final decision of the court.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 22-22.  Penalties and other remedies for violations.**

  Any violation of any provisions of this chapter or regulations promulgated hereunder shall be punished as a class A violation as set forth in section 1-19 of chapter 1 of the County Code.  Each day that a violation continues shall be deemed a separate offense.

**Sec. 22-23.  Inspection.**

  (a)   The Director must designate in writing a qualified individual to serve as the County Fire Marshal.  Under State law, the County Fire Marshal serves as an assistant State fire marshal to enforce State fire prevention laws.  The Director must appoint fire code inspectors to assist the Fire Marshal in performing the Fire Marshal’s duties.  The County Fire Marshal may ask the State fire marshal to appoint one or more qualified employees of the Department of Permitting Services to serve as an assistant State fire marshal.

  (b)   The County Fire Marshal must inspect all buildings and premises in the County as often as necessary for compliance with the State Fire Prevention Code, the County Fire Safety Code (this Chapter), and any other applicable fire safety law or regulation, and to require correction of any other condition that the Fire Marshal determines unreasonably creates or would promote a hazardous condition.  When the Fire Marshal sets a deadline for correction of a serious violation or other hazardous condition, the Fire Marshal should re-inspect the building or premises promptly after the deadline.  The Fire Marshal may require a responsible party to provide, at the party’s own expense, certification by a qualified private fire protection engineer that the hazard was corrected on or before the deadline.

  (c)   In addition to any other inspection authority, the County Fire Marshal may, under State law, inspect any State, County, or municipally owned institutions, and any school, theater, church, or other place of public assembly.

  (d)

    (1)   The County Fire Marshal must inspect each school in the County at least once a year.  The Fire Marshal must re-inspect a school within 10 days after the expiration of any deadline for correcting a fire code violation or other hazardous condition that was not corrected immediately during the original inspection.

    (2)   The Fire Marshal must not delegate or transfer any responsibility under this subsection to a municipal fire marshal unless the County Fire Marshal and the municipal fire marshal:

      (A)   annually agree in writing that the municipal fire marshal will carry out all responsibilities under this subsection for every school in the municipality;

      (B)   make the annual agreement available for public inspection; and

      (C)   provide a copy of each annual agreement to:

        (i)   the principal or other head of each school covered by the agreement; and

        (ii)   for public schools, the superintendent.

    (3)   In this subsection, “school” means any public or private:

      (A)   elementary or secondary school; or

      (B)   facility that provides early childhood education that requires approval by the State Department of Education.

**Sec. 22-24.  Damage or injury liability.**

  (a)   No officer, agent or employee of the county or municipality charged with enforcement of the fire safety code shall be personally liable for any damage that may occur to persons or properties as a result of any act required or permitted under this code or as a result of the institution or assistance in the prosecution of a criminal proceeding under this code, if he is acting within the scope of his authority and without malice.  Any suit brought against any officer, agent or employee of the county or municipality, as a result of any act required or permitted in the discharge of his duties under this code, shall be defended by the proceedings therein.

  (b)   The county or municipality shall not be liable under this code for any damage to persons or property, if any, by reason of the inspection or reinspection of buildings and structures authorized hereunder, or failure to inspect or reinspect such buildings, or by reason of any permit issued hereunder or the approval or disapproval of any equipment issued hereunder or the approval or disapproval of any equipment authorized herein.

**Sec. 22-25.  Inspection and tests of suppression systems, etc.**

  (a)   Acceptance tests generally.  It shall be unlawful to occupy any building, structure or any portion thereof until all required fire protection systems have been tested, accepted and approved by the appropriate county official.

  (b)   Expenses.  Inspection and tests of fire suppression, alarm detection and any other fire protection systems, devices and equipment shall be conducted by and at the expense and risk of the owner or his authorized representative.

  (c)   Notification of central communications center.  When testing any suppression system, standpipe or fire alarm system which is connected to a central supervisory station or directly to the fire department, notification shall be given to the central fire communications center before initiation of the test.

  (d)   Frequency.  The test pipe at the top of all suppression systems shall be operated at least once a year to determine that there is free flow at adequate pressure and that the supervisory service, if any exists is operating properly.  Auxiliary systems which are supplied from a domestic water source and which are not required to provide a test line may be exempt from the requirements of this section.

  (e)   Fire pumps.  All fire pumps that automatically supply water to suppression systems and standpipes shall be operated periodically and at least once every thirty (30) days, until water is discharged freely from the relief valve.

  (f)   Fire alarm systems (manual pull stations).  All interior fire alarm signal systems within all buildings shall be tested monthly.  The use of the system for fire drill purposes shall be accepted as a test of only those parts of the system actually used in the drill procedure.  Accurate logs shall be maintained on the premises indicating box number, location, date and type of device tested.  Any defect, modification or repair shall be logged, and the log shall be available to the Director.

  (g)   Fire alarms (automatically activated).  Automatic fire alarms, fire detecting devices and all alarms which monitor control valves and flow switches for fire protection and fire alarm equipment, and which transmit a signal to a central supervisory station must be tested at least once a year.  Notification shall be given as required under subsection (c) of this section.

  (h)   Fire safety devices.  Special fire safety devices including automatic smoke venting equipment, emergency generators and any other special fire safety equipment required to be installed in any building, structure or premises shall be tested by the owner or his authorized representative as prescribed by the Director.

  (i)   Test records.  A complete written record of all tests and inspections required under this chapter shall be maintained on the premises by the owner or occupant in charge of said premises, and all such records shall be submitted to the Director when requested for his inspection and evaluation.

  (j)   Marking of fire equipment controls.  All controls or disconnects for fire pumps shall be clearly identified by red marking with the words, "Fire Pump," in white letters.

**Sec. 22-26.  Maintenance of fire safety equipment.**

  (a)   All fire protection systems, fire alarm systems, fire detection systems, fire and smoke ventilation systems, fixed fire communications systems, emergency lighting systems, devices or units which were installed in compliance with any permit or order, or because of any law or order, or because of any regulation or ordinance, shall be maintained in an operative condition at all times, and it shall be unlawful for any owner or occupant to reduce the effectiveness of the protection so required; except, that this shall not prohibit the owner or occupant from temporarily reducing or discontinuing the protection where necessary to make tests, repairs, alterations or additions.  Except for household fire warning systems, the central fire communications center shall be notified before any disconnection or interruption of protection, tests, repairs, alterations or additions are started, and shall be advised of the extent of and the reason for such work.  The restoration of the protection shall be diligently prosecuted, and the central fire communications center shall be notified immediately when service is restored.

  (b)   When any required fire alarm, fire communication, fire extinguishing, fire detecting, first aid fire fighting system, device or unit, or part thereof becomes inoperative, the Director may order said building or structure or portion thereof vacated until such inoperative system, device or unit is repaired and returned to full service.  The Director may permit the building or structure or portion thereof to be occupied when he finds that suitable alternative protective measures are provided.

**Sec. 22-27.  Approval of fire detection systems and devices.**

  (a)   Definitions.

  Automatic fire detector: The term "automatic fire detector" shall mean an assembly designed to detect the presence of fire and initiate action.

  Device: The term "device" shall include any single station alarm device or any multiple station alarm device.

  Fire detection system: The term "fire detection system" shall mean any arrangement of two (2) or more automatic fire detectors connected through a separate control and shall include associated gongs, horns, bells, transformers, wiring or other components which in combination sense the presence of fire and initiate alarm action.

  Multiple station alarm device: The term "multiple station alarm device" shall mean single station alarm devices, two (2) or more, which may be interconnected so that actuation of one (1) causes all integral or separate audible alarms to operate.  It may also consist of one (1) single station alarm device having connections for other detectors or manual stations.

  Single station alarm device: The term "single station alarm device" shall mean an assembly incorporating the detector, control equipment, and the alarm sounding equipment in one (1) unit, operated from a power supply either in the unit, or obtained at the point of installation.

  Automatic fire detectors shall be classified in accordance with the provisions of the Standard for Automatic Fire Detectors, NFPA #72 E, 1974 edition.

  (b)   Required.  A person, directly or through an agent, must not sell, offer for sale, lease or install any type of fire detection system or device until the Director of Permitting Services has issued the certificate of approval or permit required by this Section.

  (c)   Certificate of approval for devices.  Application for a certificate of approval must be in a form specified by the Director of Permitting Services.  The applicant must supply complete copies of the report of any nationally recognized testing laboratories which have examined the fire detection device.

  If the Director finds that the fire detection device submitted will function dependably, and that the device has been tested and approved or listed by a recognized testing laboratory, the Director must issue a certificate of approval subject to the condition that the installation of the device complies with all applicable laws.

  If the Director finds that the fire detection device is not likely to operate dependably or the device has not been tested and approved or listed by a recognized testing laboratory, the Director must disapprove the application and specify the reasons for the disapproval.

  (d)   Permit for installation of system.  Before any fire detection system is installed, the agent, contractor or installer must apply to the Director of Permitting Services for a permit.  Two complete sets of drawings and specifications must accompany the permit application.  This permit is in addition to any other permit required by law.  A single permit may be issued for multiple dwelling units for new construction if similar household fire detection systems are being installed in more than one dwelling unit under the control of a single owner, developer or manager.  Any variation in floor plan, number of detectors or model number of components must be specified on the permit application.

  If the Director finds that any part of the fire detection system is not likely to function dependably or does not conform with specific requirements in this Chapter or other County laws, the Director must disapprove the application and specify the reason for the disapproval. The Director must review and approve any combination system only for fire warning purposes and not for any other function of the combination system.

  (e)   Permit for connection of system.  When the Director of Permitting Services has issued a permit to install a fire alarm system, and if the system requires connection to a source of energy which is regulated under the County electrical code, a permit for the necessary connection must be obtained from the Department of Permitting Services.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 22-28.  Protection of hood and duct ventilation systems and related commercial cooking appliances.**

  (a)   Generally.  All occupancies containing cooking equipment in commercial, industrial, institutional, assembly and similar cooking applications other than installations for residential single family use shall:

    (1)   Have hoods, duct, and grease removal equipment installed in conformance with this chapter and other applicable sections of the County Code.

    (2)   Have installed and maintained an automatic fire extinguishing system approved by the Director.

  (b)   Installation of automatic fire extinguishing systems.  The system shall be installed by a contractor who has been certified by the manufacturer as competent to install the equipment.  Such certification shall be provided to the Director.

  (c)   Plans and specifications.  Working plans and specifications shall be submitted to the Director for review and approval prior to installation.  The plans shall include:

    (1)   Diagram of area and equipment to be protected including the dimensions of the hood and duct and all surfaces and appliances.

    (2)   Manufacturer and model number of system or systems proposed.

    (3)   Diagram of system piping and all component parts.

      i.   Size and length of piping and pipe schedule

      ii.   Size and number of elbows and tees

      iii.   Model numbers and location of nozzles

      iv.   Location and temperature of fusible links

      v.   Location of system canister

      vi.   Location of manual means of activation

      vii.   Location and identity of any auxiliary equipment, including gas and power (electric) shutoffs.

    (4)   At least one (1) current manufacturer’s installation manual shall be provided to the local fire authority for each system installed.

    (5)   Where field conditions necessitate change from the approved plans, the Director shall be consulted.

  (d)   Inspection.

    (1)   A final inspection of the installed system shall be made by the Director, which shall include witnessing of a test of the automatic and manual operating devices.

    (2)   The Director shall be notified twenty-four (24) hours prior to the test.

    (3)   Extinguishing systems shall be inspected at intervals required by the Director, but in no case less than once each six (6) months.

    (4)   A copy of the certificate of inspection signed by the inspector, approved by the Director, shall be forwarded to the division of fire prevention within five (5) days after inspection or servicing.

  (e)   Cleaning.  All ducts, hoods, and grease collection equipment shall be cleaned not less than four (4) times each year.

**Sec. 22-29.  Water supply and fire hydrants generally.**

  (a)   All premises where buildings or portions of buildings other than one- and two-family dwellings are constructed and located in such a manner that access to public fire hydrants is minimal or of a distance such that the Director feels fire fighting operations would be impaired shall be provided with approved fire hydrants connected to a water supply system capable of supplying the water flow required by the Director.  The location of these hydrants shall be as specified by the Director.  Paved access to fire hydrants shall be provided and maintained to accommodate fire apparatus.

  (b)   All premises where buildings or portions of buildings other than one- and two-family dwellings are constructed and located more than three hundred (300) feet from a public street providing access to such premises shall be provided, as may be required by the Director, with approved fire hydrants connected to a water system capable of supplying the water flow required by the Director.  The location of such hydrants shall be as designated by the Director.  Access to fire hydrants shall be provided and maintained to accommodate fire fighting apparatus.

  (c)   All flammable and combustible liquid tank farms, lumber yards, amusement parks and similar occupancies where combustible or flammable storage or structures are located more than three hundred (300) feet from public fire hydrants shall be provided as may be required by the Director with approved fire hydrants connected to a water system capable of supplying the water flow required by the Director.  The location of such hydrants shall be as designated by the Director.  Suitable access to fire hydrants shall be provided and maintained to accommodate fire fighting apparatus.

  (d)   Supplemental water supply facilities shall be provided in those cases where the water supply obtainable from the public water supply system is insufficient to meet code requirements.  The Director may establish water supply requirements in those cases where specific provisions are not provided for in this code.

**Sec. 22-30.  Obstructing fire hydrants or fire department connections.**

  No person shall place or keep any post, fence, growth, trash or other material or thing near any fire hydrant or fire department connection that would prevent such hydrant or connection from being immediately discernable or in any other manner deter or hinder gaining immediate access to and use thereof.

**Sec. 22-31.  Fire hydrant maintenance.**

  All private fire hydrants must be tested, maintained and serviced annually.  A report of this maintenance must be submitted to the Director.

**Sec. 22-32.  Required access for fire apparatus.**

  (a)   All premises which the fire department may be called upon to protect in case of fire and which are not readily accessible from public roads, shall be provided with suitable gates, access roads and fire lanes so that all buildings on the premises are accessible to fire apparatus.

  (b)   Private roads or fire lanes shall be provided for all buildings which are set back more than one hundred fifty (150) feet from a public road or exceed thirty (30) feet in height and are set back over fifty (50) feet from a public road.

  Private roads or fire lanes shall be at least twenty (20) feet in width with the road edge closest to the building at least ten (10) feet from the building and the road edge away from the building no more than forty (40) feet from the building.  Any dead-end road more than three hundred (300) feet long shall be provided with a turn around at the closed end at least ninety (90) feet in diameter.

When buildings or any portion thereof are located one hundred fifty (150) feet or more from a public street or accessway and there is not suitable access for fire equipment as determined by the Director, there shall be provided approved fire protection system or systems as required and approved by the Director.

  (c)   All buildings, parts of buildings, or other obstructions extending over access driveways shall have not less than twelve (12) feet vertical clearance from the finished driveway surface.

  Where approved fire protection systems are provided, the above required clearances may be modified or waived.

  (d)   When any portion of the first story of any building is more than three hundred (300) feet from a public street, or accessway, one (1) of the following shall be provided:

    (1)   The entire building shall be protected with an automatic fire extinguishing system, or

    (2)   The building shall be made accessible for fire motor vehicle apparatus by an all weather accessway approved by the Director.

  (e)   The provisions of subsection (b) of this section shall not apply to buildings that were erected prior to the effective date of this section.

  (f)   Group L-3 occupancies, as specified in chapter 8 of the County Code when such occupancies are not physically attached and contain two (2) living units or less in a building, may be exempt from the provisions of this section.

**Sec. 22-33.  Fire lanes.**

  (a)   If the fire official finds a private entrance or exit sidewalk or vehicular driveway or interior private driveway or sidewalk obstructed by snow, debris, construction material, vehicles or other matter liable to interfere with the ingress or the operation of fire departments or other emergency vehicles in case of fire, the fire official must order the obstructions removed.

  To effectuate the foregoing as to vehicles, the Director or his designee may order “no parking--fire lane” signs erected, may designate the placement thereof, may order the curbs be painted a distinctive color and may order other marking necessary to indicate the limits of the fire lane.

  (b)   Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, no person shall stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers in or on a fire lane.

  The parking or standing of any vehicle, on private property or otherwise, in violation of the foregoing shall constitute a misdemeanor; and any person convicted thereof will be subject to the penalty provided in section 31-67.  In addition, the vehicle parked in

  violation of this article may be impounded by the department of police and held until the penalty provided and the towing and storage charges incurred are paid.

  (c)   In any prosecution charging a violation of any provision of the preceding subsections of this chapter the provisions of section 31-32 shall apply.

  (d)   In the event of a violation of any of the provisions of the preceding subsections of this chapter the provisions of section 31-33 shall apply.

  (e)   No person shall keep, place or store or permit to be placed, kept or stored any equipment, material or thing in or on a fire lane or otherwise obstruct or reduce the effective width of any fire lane.  Persons violating this subsection shall be subject to the penalty section of this chapter.

  (f)   No person shall place, erect or maintain any sign for control of parking or traffic which includes the words, “Fire Lane,” unless such sign has been ordered by the County Executive, the Director or their designees.

  (g)   Any police officer or fire official or County employee specifically designated by the executive finding a vehicle or trailer parked in violation of this chapter must attach to such vehicle or trailer a notice to the owner and operator that such vehicle or trailer has been parked in violation of this chapter and instructing the owner and operator, or either of them, to report to the nearest commissioner of district court for Montgomery County within fifteen (15) days of the time when such notice was so attached to such vehicle or to pay to the department of finance as a penalty and in full satisfaction of such violation the sum of ten dollars ($10.00) or as otherwise set by the executive with the approval of the county council.

**Sec. 22-34.  Tampering with fire safety equipment.**

  (a)   It shall be unlawful to deliberately operate, trip or use any installed fire extinguishing system for purposes other than emergencies, maintenance or proscribed testing.

  (b)   It shall be unlawful to tamper with or render inoperative any fire warning system.

  (c)   It shall be unlawful to activate any installed fire warning system for purposes other than emergencies, maintenance, drills or periodic testing.

  (d)   It shall be unlawful to use, tamper with or render inoperative any portable fire extinguisher other than during emergencies, maintenance, drills or testing.

  (e)   No person shall molest, tamper with, damage or otherwise disturb any apparatus, equipment or appurtenance belonging to or under the supervision and control of the fire department without authority from the officer in charge or his authorized representative to do so.

  (f)   No person shall remove, tamper with or otherwise disturb any fire hydrant or fire equipment required to be installed or maintained under the provisions of this chapter except for the purpose of extinguishing fire, training purposes, recharging, testing or making necessary repairs.  Whenever fire equipment is removed as herein permitted, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished.

  (g)   No person shall use or operate any fire hydrant without the permission of the owner of such hydrant.  The provisions of this section shall not restrict the use of fire hydrants by fire officials in the course of their duties.

**Sec. 22-35.  Portable fire extinguishers generally.**

  The provision, installation and maintenance of portable fire extinguishers shall be as required by this chapter and the applicable provisions of the County Code.

**Sec. 22-36.  Sale of unapproved portable fire extinguishers prohibited.**

  It shall be unlawful for any person, directly or through an agent, to sell, offer for sale, distribute or lease in the county any make, type or model of fire extinguisher, either new or used, unless such make, type or model of extinguisher has first been tested and is approved or labeled by the Factory Mutual Laboratories, Underwriters’ Laboratories, Inc., or other testing laboratory approved by the Director as providing adequate and reliable tests and examination.  The provisions of this section shall not apply to the sale or trade of fire extinguishers to any person or firm engaged in the business of selling or handling such equipment for junk.

**Sec. 22-37.  Regulating fire extinguisher service.**

  The Director must:

  (a)   administer regulations necessary to protect life and property regarding:

    (1)   registration of firms that service portable fire extinguishers;

    (2).   registration of firms that hydrostatically test U.S. Department of Transportation specification gas cylinders used for portable fire extinguishers;

    (3)   examination of persons applying for a license to service portable fire extinguishers;

    (4)   licensing of persons to service portable fire extinguishers; and

    (5)   requirements for servicing of portable fire extinguishers;

  (b)   evaluate the qualifications of firms or individuals for a certificate of registration to engage in the business of servicing portable fire extinguishers; and

  (c)   conduct examinations to ascertain the qualifications and fitness of applicants for a license to service portable fire extinguishers.

  (d)   issue certificates of registration for those firms that qualify under these regulations to engage in the business of servicing portable fire extinguishers, and issue licenses, apprentice permits, and authority to perform hydrostatic testing to the qualified persons.

**Sec. 22-38.  Servicing of portable fire extinguishers generally.**

  (a)   Definitions.

  Firm: The term "firm" means any person, partnership, corporation or association.

  Hydrostatic testing: The phrase "hydrostatic testing" means pressure testing by hydrostatic methods.

  Leased: The term "leased" means, for the purposes of this section, a leased fire extinguisher shall be treated the same as an extinguisher which has been sold.

  Portable fire extinguisher: The phrase "portable fire extinguisher" means a device that contains within it chemicals, fluids or gases for extinguishing fires, the means for application of its contents to that purpose, and is capable of being readily moved from place to place.

  Service and servicing: The phrase "service and servicing" means servicing portable fire extinguishers including any or all of the following: charging, filling, maintaining, recharging, refilling, repairing and testing.

  (b)   Registration and licensing of persons servicing portable fire extinguishers.

    (1)   Each firm engaged in the business of servicing portable fire extinguishers shall be required to have a certificate of registration issued by the Director.

    (2)   Each employee, other than an apprentice of a firm engaged in the business of servicing portable fire extinguishers, who services such extinguishers shall be required to have a license issued by the Director.

    (3)   Each person servicing portable fire extinguishers as an apprentice shall be required to have an apprentice permit issued by the Director.

    (4)   Each firm performing hydrostatic testing of fire extinguishers manufactured in accordance with the specifications of the U.S. Department of Transportation (formerly the Interstate Commerce Commission) shall do so in accordance with the procedures specified by that department for compressed gas cylinders and shall be required to have a hydrostatic testing certificate authorizing such testing issued by the Director.  Persons qualified to do this work shall be given such authority on their licenses.

  (c)   Servicing of portable fire extinguishers by unlicensed personnel.

    (1)   Except as provided in subsection (e), only the holder of a current and valid license or of an apprentice permit issued hereunder may service portable fire extinguishers.

    (2)   A person who has been issued a license under this section to service portable fire extinguishers, must be an employee, agent or servant of a firm that holds a certificate of registration, or the licensee himself must hold a certificate of registration issued under this section.

  (d)   Applications and hearings on licenses, permits and certificates.  Applications for licenses, permits and certificates hereunder shall be made pursuant to regulations adopted hereunder.

  (e)   Exceptions.  The activity of filling or charging a portable fire extinguisher prior to its initial sale by its manufacturer shall not be subject to this section.  In addition, the licensing and registration provisions of this section shall not apply to any firm approved by the Director which services only its own portable fire extinguishers for its own use by maintaining its own fire extinguisher servicing facilities adequate for the purpose and utilizing its own personnel specially trained for such servicing.

**Sec. 22-39.  Rules and regulations for servicing portable fire extinguishers.**

  (a)   The recommended rules and regulations for the sale or leasing and servicing of portable fire extinguishers as set forth in the model enabling act for the sale or leasing and servicing of portable fire extinguishers, NFPA #10-L, 1969 edition, are hereby adopted as if they were set forth herein in full.

  (b)   Whenever the words “name of governmental authority having jurisdiction” appear in the adoptive rules and regulations they mean the Director.

**Sec. 22-40.  Exits and means of egress in buildings generally.**

  (a)   Exits shall be provided and maintained as required by this chapter and the applicable sections of the Montgomery County Code.

  (b)   All doors in or leading to exits shall be maintained operable from the inside without the use of a key or any special knowledge or effort at all times when the building or area served thereby is occupied.

  (c)   Special purpose door alarms or bolting devices shall be approved by the Director prior to installation.  Manually operated edge or surface mounted flush bolts are prohibited.

  (d)   In other than individual dwelling units no person shall place, store or keep, or permit to be placed, stored or kept any materials the presence or burning of which would obstruct or render hazardous an exit.

  (e)   No person shall at any time place an encumbrance of any kind before or upon any fire escape, balcony or ladder intended as a means of escape from fire.

  (f)   All fire exit doors which open into stairways or exit passageways and any doors which are installed across corridors to provide fire or smoke barriers shall be self-closing and shall be so maintained or shall be automatic doors which will close upon activation of a fail safe type of approved smoke detection device.

  (g)   It shall be unlawful to block, obstruct or otherwise impair the operation of any door required to be self-closing or automatic.

  (h)   All doors which are installed to provide protection of openings in exit stairways or exit corridors shall be equipped with a positive latching device to prevent the spread of smoke and fire.

  (i)   No person shall block, impede or obstruct any aisle, passageway, hallway, lobby, foyer or stairway leading to or from an entrance or exit required by law which will prevent, delay, hinder or interfere with the free use of such passageway by any person.

  (j)   The following exceptions are provided to the requirements to provide free and unobstructed egress from all parts of all buildings and structures at all times.

    (1)   In mental, penal or corrective institutions where supervisory personnel is continually on duty and effective provisions, approved by the Director, are made to remove occupants in the case of fire or other emergency.

    (2)   When approved by the Director, in buildings occupied only by personnel whose principal duty is the security of the building and when each such person has keys to an adequate number of exits, the prohibition against the use of keys in exit doors may be waived.

**Sec. 22-41.  Places of assembly.**

  (a)   Occupancy certificate generally.  In every place of public or private assembly, there must be a certificate permanently posted in a conspicuous place in the room near the entrance.  Such certificate must be furnished and signed by the Director, and must read as follows:

  Not more than ___________ persons permitted in ________________

  _________________________________________________________

  Department of   Permitting Services   Montgomery County, Maryland

  (b)   Capacity in excess of occupancy certificate.  No owner, operator or manager or person in charge or agent for employee shall permit within a place of public or private assembly any persons in excess of the number allowed by the capacity certificate for such place. In any doubt as to the computation of occupancy load, the capacity certificate shall control.

  (c)   Sale of tickets in excess of occupancy certificate limit.  No owner, operator, manager or agent or employee of any place of public or private assembly hereto referred shall sell or permit any employee, agent or servant to sell for a single performance or between the beginning and end of any single performance or show (including short or extra attractions in the case of motion pictures) more tickets or admissions than the number of persons allowed within such place by the capacity certificate.  Such sale of an excess number of tickets or admissions shall be prima facie evidence of the violation of this chapter.

  (d)   Posting of occupancy certificate.  It shall be unlawful to operate or use any place of assembly unless the capacity certificate required by subsection (a) of this section is conspicuously posted.

  (e)   Audiences to be informed of exits.  It shall be the duty of the person in charge of any theatre or place of public assembly to call the attention of those present, immediately prior to the beginning of the play, address or other matter of proceedings for which the people are assembled, to the number and location of the several exits in the building or hall and to state that the doors to all such exits are unlocked.  Before making such announcement, it shall be the duty of such person to make an actual inspection to verify the fact or to see that said doors are unlocked.

    (1)   It shall be the duty of the person in charge of every public or private assembly to call the attention of everyone present at a performance, address, exhibition or other matter of proceeding to the exits by displaying or announcing the following:

NOTICE

For your own safety, LOOK for your nearest EXIT.  Incase of emergency, WALK, do not RUN, to that EXIT.

    (2)   The requirement for calling the attention of everyone present in any public or private assembly shall be considered complied with by one of the following:

      i.   Oral announcement of the above notice from stage, platform on floor at the beginning of every performance, address, exhibition, contest or other matter of proceedings.

      ii.   Showing the above notice on cinema screen where moving or stereopticon pictures are shown.

      iii.   Printing the above notice in bold type letters not less than one-fourth inch in height on the back of programs for such performances, matters or other proceedings, and nothing but the said notice shall be placed thereon.

      iv.   Having a fixed sign or signs displaying the above notice printed in letters of a size and clearness that can be easily read from any and every point in the assembly room.

  (f)   Interior finish. Walls, ceilings and floor covering shall be in accordance with the interior finish requirements listed in NFPA 101, Life Safety Code, adopted in section 22-14.

  (g)   Decorations-Defined.  Decorative material shall include all such material as curtains, draperies, streamers, surface coverings applied over interior finish for decorative, acoustical or other effect and also cloth, cotton batting, straw, vines, leaves, trees and moss used for decorative effect, but it shall not include floor coverings, ordinary window shades, nor materials one twenty-eighth of an inch or less in thickness applied directly and adhering tightly to a noncombustible base.

  (h)   Same-Use of flammable material, etc.  No decorative material shall be used which as applied will ignite and allow flame to spread over the surface or allows burning particles to drop when exposed to a match flame test applied to a piece removed from the material and tested in a safe place.  The piece shall be held in a vertical position and the bottom edge exposed to a flame from a common match held in a horizontal position, one-half inch underneath the piece, and at a constant location for a minimum of twelve (12) seconds.

  (i)   Same-Renewal of flameproofing treatments.  Treatments used to accomplish this flameproofing shall be renewed as often as may be necessary to maintain the flameproof effect.

  (j)   Same-Pyroxylin coated fabrics.  Pyroxylin coated fabric used as a decorative material in accordance with subsection (g) of this section or as a surface covering on fixed furnishings, shall be limited as follows: Such fabrics containing 1.4 ounces or more of cellulose nitrate per square yard shall not be used in excess of a total amount equivalent to one (1) square foot of fabric surface to fifteen (15) cubic feet of room volume.  Each square foot of such fabric which contains 1.7 ounces or more of cellulose nitrate per square yard shall be counted as two (2) square feet in making this computation.

  (k)   Flammable screens.  In places of assembly no motion picture screen or screen masking shall be used which will ignite and allow flame to spread over the surface when exposed to the match flame test described in subsection (h) of this section.

  (l)   Checking egress facilities.  The operator or the person in charge of operation or use of any place of assembly shall check egress facilities before such place of assembly is occupied for any use to determine compliance with the provisions of this section.

  (m)   Locking, etc., of egress doors.  During the period of occupancy, an egress door shall not be locked, bolted or otherwise fastened or obstructed by any means, so that the door cannot be opened from the inside by the use of the ordinary door latch or knob or by pressure on the door or on a panic release device.

  (n)   Aisles.  In each room where chairs or tables and chairs are used the arrangement shall be such as to provide for ready access by aisles to each egress door.  Aisles leading directly to an egress door shall have not less than thirty-six (36) inches clear width, which shall not be obstructed by chairs, tables or other objects.

  (o)   Obstructions.  A part of a stairway, whether interior or exterior, or of a hallway, corridor, vestibule, balcony or bridge leading to a stairway or exitway shall not be used in any way that will obstruct or restrict its use as a means of egress or that will present a hazardous condition.

  (p)   Egress plan.  A plan showing the capacity and location of exitways and of aisles leading thereto shall be submitted for approval to the Director and an approved copy shall be kept on display in the premises.

  (q)   Stopping of performance, etc. by Director.  The Director, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress; or upon finding any condition which constitutes a serious menace to life shall cause the performance, presentation, spectacle or entertainment to be stopped until such condition or obstruction is corrected.

  (r)   Failure to leave premises when requested to do so.  Any person who fails to leave any premises that are overcrowded when told to do so by the management of the premises or any authorized enforcement officer shall be deemed in violation of this code and subject to the penalties provide by law.

  (s)   Capacity certificates deemed permit for certain purposes. Capacity certificates described in subsection (a) of this section shall be considered for the purposes of this chapter a permit and the provisions of sections 22-10, 22-11 and 22-12 shall apply to capacity certificates.

**Sec. 22-42.  Tents and air supported structures.**

  (a)   A tent or air supported structure covering an area in excess of one hundred twenty (120) square feet and used or intended to be used for gathering together of ten (10) or more persons shall not be erected, operated or maintained for any purpose without obtaining a permit from the building official. Such permit shall not be issued without concurrence by the Director.  Tents used exclusively for recreational camping purposes shall be exempt from the above requirement.  Special permits required by the building code shall be secured from the building official.

  (b)   All tents and air supported structures requiring a permit in subsection (a) of this section shall be designed, erected, maintained and used in accordance with the NFPA Standard for Tents, Grandstand and Air Supported Structures Used for Places of Assembly, NFPA #102.

**Sec. 22-43.  Permits required.**

  (a)   A permit shall be obtained from the Director for any of the following:

    (1)   To install, remove, repair or alter in any way a stationary tank for the storage of flammable or combustible liquids, or to modify, and/or replace any line or dispensing device connected thereto.

    (2)   For the storage, handling or use of class I liquids in excess of one (1) gallon in a dwelling or other place of human habitation; or in excess of five (5) gallons in any other building or other occupancy; or in excess of ten (10) gallons outside of any building; except, that no permit shall be required for the following:

      i.   Flammable or combustible liquids in the fuel tank of a motor vehicle, aircraft, boat or portable or stationary engine;

      ii.   Flammable or combustible paints, oils, varnishes and similar mixtures used for painting or maintenance when not kept for a period in excess of thirty (30) days;

      iii.   Beverages when packaged in individual containers not exceeding one (1) gallon in size.

    (3)   Storage, handling or use of class II or class III combustible liquids in excess of twenty-five (25) gallons in a building; or in excess of sixty (60) gallons outside of a building; except, that no permit shall be required for the following:

      i.   Combustible liquids in the fuel tank of a motor vehicle, aircraft, boat or portable or stationary engine;

      ii.   Beverages when packaged in individual containers not exceeding one (1) gallon in size;

      iii.   Fuel oil in tanks connected to oil burning equipment used for heating a building or structure.

    (4)   For the manufacture, processing, blending or refining of flammable or combustible liquids.

    (5)   For the storage of flammable or combustible liquids in stationary tanks.

    (6)   For placing any flammable or combustible liquid stationary tank temporary or permanently out of service (see section 22-46).

  (b)   No person shall sell, deliver, or cause to be delivered, any commodity to any person not in possession of a valid permit when such permit is required by the provisions of this section.

**Sec. 22-44.  Flammable liquids generally.**

  (a)   Generally.  Except where more specific requirements are found elsewhere in this chapter the use, storage and handling of flammable and combustible liquids shall be in accordance with National Fire Protection Association Flammable and Combustible Liquids Code, NFPA #30.

  (b)   Storage of class I liquids.  The storage in excess of five (5) gallons of class I liquids shall be prohibited in all dwellings, dwelling units, apartment houses, hotels and other residential occupancies.

  (c)   Operation of gasoline power equipment in certain structures.  It shall be unlawful to store any motor vehicle or any other gasoline powered equipment in any multi-family, hotel, motel, office, educational or institutional occupancy or any balcony attached thereto except as follows:

    (1)   In a garage construction in accordance with the provisions of the local building code.

    (2)   A storage room, not containing other combustible materials, separated from other parts of the building by construction having a fire resistance rating of at least one (1) hour and communicating openings protected by approved self-closing fire doors and equipped with automatic fire suppression system.

  (d)   Testing underground installations.  Before being covered or placed in use, tanks and piping connected to underground tanks must be tested for tightness in the presence of the fire official.  No portion of the system may be covered, filled with product or used until it has been approved by the department of Permitting Services.  Test procedures must be specified by the Director.

**Sec. 22-45.  Aboveground tank storage of flammable liquids.**

  (a)   Generally.  Aboveground storage tanks for the storage of class I flammable and class II liquids shall be prohibited except as provided for in subsections (b), (c) and (d) of this section.

  (b)   Existing tanks.  Existing aboveground tanks approved by the fire marshal prior to April 28, 1959, may be continued provided the installation does not constitute a hazard.  The Director shall periodically inspect the installation for safety, and if he determines the installation or operation is no longer conducted or maintained in a safe manner, he shall have authority to require their removal or replacement with underground tanks.

  (c)   Agricultural storage.  On farms portable tanks not exceeding six hundred sixty (660) gallons of class I liquid are hereby permitted, if stored fifty (50) feet or more away from buildings and adjoining property lines.

  (d)   Temporary use of portable tanks.  The provisions of subsection (a) of this section do not prohibit the temporary use of portable tanks less than six hundred sixty (660) gallons capacity in conjunction with the dispensing of flammable or combustible liquids into the fuel tanks of motor vehicles or other motorized equipment on premises not normally accessible to the public.  Such installation must only be made under permit from the department of Permitting Services.  The permit must include a definite time limit, not to exceed six (6) months.

  (e)   Outside tanks supplying oil burning equipment.  Outside aboveground tanks not exceeding five-hundred-fifty-gallon capacity may be used to supply oil burning equipment in one- or two-family detached dwelling.

  (f)   Bulk storage.  Aboveground tanks for bulk storage of class II combustible liquids may be established in noncongested areas when the Director finds that installation will not adversely affect the safety of surrounding property. These installations shall be equipped with fixed fire suppression systems and such other safeguards as may be deemed necessary by the Director.

**Sec. 22-46.  Abandonment of tanks of flammable or combustible liquids.**

  (a)   Permit required.  A permit must be obtained from the department of Permitting Services to remove, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank.

  (b)   Procedures.  The procedures outlined in appendix C of the Flammable and Combustible Liquids Code, NFPA #30, shall be followed when tanks are placed temporarily out of service, abandoned or removed.

  (c)   Exposed piping.  Whenever a tank is removed all exposed or aboveground fill inlets and vent pipes shall be removed unless such fill or vent pipes are to be immediately connected to another tank.

**Sec. 22-47.  Garages.**

  (a)   Generally.  Garages shall conform to all other applicable requirements of this code as well as the following provisions.

  (b)   Permit required.  No person shall use any building, shed or enclosure as a place of business for the purpose of repairing any motor vehicle therein, without a permit from the Director.

  (c)   Dispensing of class I liquids into motor vehicles.  Class I flammable liquids shall not be dispensed into the fuel tank of motor vehicles when the vehicle is located inside the building.

  (d)   Applicability of section to incidental uses.  The provisions of this section shall apply to repair garages which are used incidental to another business.

  (e)   Applicability of section to off-road equipment.  The provisions of this section shall apply to the repair of off-the-road type self-propelled equipment not classified as motor vehicles including but not limited to earth movers, tractors, cranes, mowers, snowmobiles, trenching machines and recreational vehicles.

  (f)   Maintenance and operation standards.  All garages regulated by this section shall be maintained and operated in accordance with National Fire Protection Association Standard for Repair Garages, NFPA #88-B.

  (g)   Repair of non-self-propelled equipment.  Repair of lawn mowers, outboard motors, chain saws, generators, pumps and other non-self-propelled equipment powered by internal- combustion engines shall be conducted in facilities that comply with the construction, ventilation, electrical and heating requirements for service stations.

**Sec. 22-48.  Service stations.**

  All servicing facilities where fuel is dispensed from fixed or temporary tanks or tank vehicles into the fuel tanks of motor vehicles or other equipment shall be designed, constructed, maintained and operated in accordance with the provisions of this code and chapter 7 of the Flammable and Combustible Liquids Code, NFPA #30.

**Sec. 22-49.  Bowling alleys.**

  (a)   Bowling alleys shall conform to all other applicable requirements of the code, as well as the following provisions.

  (b)   No person shall conduct bowling alley resurfacing and refinishing operations involving the use and application of flammable liquids or materials without a permit from the Director.

  (c)   Resurfacing and refinishing operations shall not be carried on while the establishment is open for business.  Approved ventilation shall be provided.  Heating, ventilating or cooling systems employing recirculation of air shall not be operated during resurfacing and refinishing operations or within one (1) hour following the application of flammable finishes.  All electric motors or other equipment in the area which might be a source of ignition shall be shut down, and all smoking and use of open flames prohibited during the application of flammable finishes and for one (1) hour thereafter.

  (d)   The refinishing of pins is prohibited in bowling alleys.

**Sec. 22-50.  Application of flammable finishes.**

  (a)   Permit required.  A permit must be obtained from the department of Permitting Services for spraying or dipping operations utilizing more than one (1) gallon of flammable or combustible liquids on any working day for the following activities:

    (1)   The application of flammable or combustible paint, varnish, lacquer, stain or other flammable or combustible liquid applied as spray by compressed air, “airless” or “hydraulic atomization,” or by steam, or electrostatic methods or by any other means in continuous or intermittent processes; and

    (2)   Dip tank operations in which articles or materials are passed through contents of tanks, vats or containers of flammable or combustible liquids, including coating, finishing, treatment and similar processes; and

    (3)   The application of combustible powders when applied by powder spray guns, electrostatic powder spray guns, fluidized beds or electrostatic fluidized beds.

  (b)   Standards.  The provisions of the Standard for Spray Application Using Flammable and Combustible Materials, NFPA #33, and the Standard for Dip Tanks Containing Flammable or Combustible Liquids, NFPA #34, shall apply to all operations for the application of flammable finishes covered within the scope of this section.

  (c)   Smoking.  It shall be unlawful to smoke in any spray finishing or coating areas and in the vicinity of dip tanks.  “No Smoking” signs with lettering of approved size shall be conspicuously posted in such areas.

**Sec. 22-51.  Flammable liquids transportation.**

  (a)   Tank vehicles.  Any vehicle used to transport flammable and combustible liquids in a container that exceeds one hundred ten (110) gallons capacity shall be designed, constructed and operated in accordance with National Fire Protection Association

  Recommended Regulatory Standard for Tank Vehicles for Flammable and Combustible Liquids, NFPA #385.

  (b)   Portable containers.  No vehicle shall be used to transport more than one hundred ten (110) gallons of flammable liquids in portable containers unless such flammable liquids are in their original department of transportation approved shipping containers.

  (c)   Parking and garaging.  No tank vehicle shall be left unattended on any street, highway, avenue or alley; provided, that this shall not prevent a driver from the necessary absence from the truck in connection with the delivery of his load; except, that during actual discharge of the liquid some responsible person shall be present at the vehicle.

    (1)   This section shall not prevent stops for meals during the day or night if the street is well lighted at the point of parking.

    (2)   Tank vehicles containing flammable liquids shall not be parked out of doors at any point for longer than one (1) hour, except off the streets, and at least twenty-five (25) feet from any building used for assembly, institutional or residential occupancy.

**Sec. 22-52.  Use of certain gasoline stoves.**

  The use in buildings, private residences and trailers of gasoline stoves or other similar appliances using class I liquids for cooking or heating is prohibited.

**Sec. 22-53.  Gasoline torches and plumbers’ furnaces maintenance and use.**

  (a)   Generally.  All gasoline blow torches and plumbers’ furnaces shall be constructed, maintained and used in accordance with NFPA #393, Recommended Good Practice for the Construction, Maintenance and Use of Gasoline Blow Torches and Plumbers’ Furnaces.

  (b)   Capacity.  The liquid capacity of gasoline blow torches shall not exceed two (2) quarts and that of plumbers’ furnaces, two (2) gallons, exclusive of the required air space above the liquid.  Tanks for such torches and plumbers’ furnaces shall be constructed to withstand a working pressure of twenty-five (25) pounds per square inch.

  (c)   Ventilation.  Adequate ventilation shall be provided where gasoline blow torches are used.

  (d)   Filling.  Gasoline blow torches or plumbers’ furnaces shall not be filled inside of buildings.

**Sec. 22-54.  Liquefied petroleum gases.**

  (a)   Permits.  A permit shall be obtained from the Director by the owner or operator of every bulk storage plant used for storage and dispensing liquefied petroleum gases.

  (b)   Standards.  All liquefied petroleum gas equipment including such equipment installed at utility gas plants shall be installed in accordance with the provisions of the Standard for the Storage and Handling of Liquefied Petroleum Gases, NFPA #58 and the Standard for the Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants, NFPA #59, except as otherwise provided in this chapter or in other laws or regulations legally in effect.

  (c)   Safeguarding of premises.  All spaces at bulk storage plants within which liquefied petroleum gases are transferred or stored, including all connections to storage tanks, shall be segregated with fences approved by the Director.  The gates in such fences shall be kept locked at all times when no employee of the gas company is present.

  (d)   Safeguarding of customer’s supply tanks.  Tanks supplying customers’ installations shall be located outside of buildings.  All valves and connections thereon shall be safeguarded by an enclosure, approved by the Director.  Installations with an aggregate water capacity of greater than two thousand (2,000) gallons shall have the area, which includes the tank and container appurtenances, enclosed with at least a six-foot-high industrial type fence unless otherwise adequately protected.  Gates shall be locked at all times when no employee is present.

  (e)   Special requirements in the case of bulk storage (2,000 gallons aggregate water capacity or more) in heavily populated or congested areas.  Determination as to individual tank capacity, total storage, distance to property lines, underground storage, fixed fire suppression systems, or other reasonable protective measures shall be made by the Director.

  (f)   Containers in residential buildings.  LP gas containers stored in a building housing residential occupancies shall be limited to two (2) ICC-DOT cylinders with a water capacity not exceeding two and one-half (2 ½) pounds which shall be part of approved self-contained hand torch assembly or similar appliance.

**Sec. 22-55.  Anesthetics and medical gases in hospitals and similar occupancies.**

  (a)   Generally.  The use, storage and handling of anesthetics, oxygen and other medical gases shall be in accordance with the standards for flammable gases in section 24-14.

  (b)   Flammable anesthetic agents. Any medical institution that has not effectively banned the use of flammable anesthetic agents shall maintain continuously suitable locations for the use and storage of these agents.  Hospital administrative authorities, in consultation with the medical staff and others of training and expertise, shall adopt regulations to control apparel and footwear allowed, the periodic inspection of conductive materials, the control of purchase of static conductive and anti-static materials, the testing of conductive floors in the use of electronic or X-ray equipment in flammable anesthetizing locations.  Proposed rules and regulations shall be submitted to the Director for approval.

**Sec. 22-56.  Gas shut offs.**

  (a)   Notice when gas is shut off. Any person shutting off gas to any building or structure shall promptly notify the company supplying such gas.

  (b)   Shut off valves to be accessible; curb keys.  No person shall make gas shut off valves inaccessible for use.  The local gas utility shall, upon request, furnish appropriate curb keys to the department.

**Sec. 22-57.  Cutting and welding.**

  (a)   All oxygen-fuel gas systems for welding and cutting shall be installed and operated in accordance with National Fire Protection Association Standard for the Installation and Operation of Oxygen-fuel Gas Systems for Welding and Cutting, NFPA #51.

  (b)   All cutting and welding processes shall be conducted in accordance with National Fire Protection Association Standard for Fire Prevention in Use of Cutting and Welding Processes, NFPA #51-B.

**Sec. 22-58. Home use of inhalation therapy.**

**Sec. 22-59.  Pyroxylin plastics (cellulose nitrate).**

  (a)   Defined.  Pyroxylin plastic (cellulose nitrate) shall mean any plastic substance, material or compound other than explosives covered by section 22-71, having cellulose nitrate as a base, by whatever name known, when in the form of blocks, slabs, sheets, tubes or fabricated shapes.

  (b)   Permit required for storage.  All retailers, jobbers and wholesalers storing or handling more than twenty-five (25) pounds of pyroxylin plastic shall obtain a permit from the Director.

  (c)   Permit required for manufacture.  A permit shall be required for the manufacture of articles of pyroxylin plastic, which shall include the use of pyroxylin in the manufacture or assembly of other articles.

  (d)   Storage of picture film.  No person shall store, keep or have on hand more than twenty- five (25) pounds (for 35 mm film about 5,000 feet) or cellulose nitrate motion picture film without a permit from the Director.  Film having a cellulose acetate or other approved slow burning base, marked safety film, is exempt from this provision.

**Sec. 22-60.  Matches.**

  (a)   Wholesale storage generally.

    (1)   At wholesale establishments and wherever matches exceeding sixty (60) matchmens’s gross (14,400 matches each gross) are stored, shipping containers containing matches shall be arranged in piles not exceeding ten (10) feet in height nor one thousand five hundred (1,500) cubic feet in volume with aisles at least four (4) feet wide.

    (2)   Where other materials or commodities are stored on the same floor with matches, a portion of the room shall be devoted to match storage exclusively, and a clear space of not less than four (4) feet maintained between match storage and such other materials or commodities.

  (b)   Storage not to be near vertical openings.  No matches shall be stored within ten (10) feet of any open elevator shaft, elevator shaft opening, open stairway or other vertical opening.

  (c)   Match bins required for broken containers.  Where shipping containers containing matches are opened, the contents of such broken containers shall be removed and stored in metal or metal-lined bins equipped with self-closing metal or metal-lined covers.

  (d)   Storage by retailers.  Where matches are sold at retail, original sealed packages may be stored on shelves.  When such packages are broken, individual boxes shall be stored in metal-lined bins as described above.

**Sec. 22-61.  Scrap, waste and junkyards and collection stations.**

  (a)   Defined.  Scrap, waste and junkyards and collection stations shall include all buildings or areas where wastepaper, rags or other combustible materials are handled or stored or where old motor vehicles or other old machinery are dismantled, stored, handled, sold or exchanged.

  (b)   Construction and protection requirements.  Buildings housing combustible junk or materials shall have windows or other openings for access for fire fighting and clear aisles tributary to them shall be provided.  No materials shall be located in a yard nor shall any yard be operated in a manner to expose adjoining properties to a fire hazard.

  (c)   Fire extinguishers.  One approved Class A fire extinguisher of suitable size shall be provided for each two thousand five hundred (2,500) square feet or fraction thereof of the junkyard.

  (d)   Access to area.  No motor vehicle, or any part thereof, junk or other waste material shall be stored, displayed or kept in such a manner as to unnecessarily hinder or endanger fire fighting operations. Aisles, driveways or passageways suitable for fire apparatus shall be provided to permit reasonable access to all parts of the yard for fire fighting operations.

**Sec. 22-62.  Storage and handling of combustible fibres.**

  (a)   Definitions.

  Combustible fibres: The phrase "combustible fibres" means and includes readily ignitable and free burning fibres, such as cotton, sisal, henequen, ixtle, jute, hemp, tow, cocoa fibres, oakum, rags, waste, cloth, wastepaper, kapok, hay, straw, Spanish moss, excelsior and other like materials.

  Combustible fibre storage bins: The phrase "combustible fibre storage bins" means metal, or metal-lined containers with a capacity not exceeding one hundred (100) cubic feet, and equipped with a self-closing cover.

  Combustible fibre storage rooms: The phrase "combustible fibre storage rooms" means rooms with a capacity not exceeding five hundred (500) cubic feet separated from the remainder of the building by a one-hour occupancy separation constructed as specified in the building code.

  Protected combustible fibre storage vault: The phrase "protected combustible fibre storage vault" means a room with a capacity exceeding one thousand (1,000) cubic feet, separated from the remainder of the building by a two-hour occupancy separation constructed as specified in the building code and provided with an approved automatic extinguishing system.

  Unprotected combustible fibre storage vault: The phrase "unprotected combustible fibre storage vault" means a room with a capacity not exceeding one thousand (1,000) cubic feet separated from the remainder of the building by a two-hour occupancy separation constructed as specified in the building code and provided with approved safety vents to the outside.

  (b)   Permit required.  No person shall store or handle combustible fibres in quantities in excess of one hundred (100) cubic feet without a permit.

  (c)   Loose storage.  Loose combustible fibres (not in suitable bales or packages), shall be stored as shown in the following table:

Cu. Ft. Mtls. |  | Method of Storage
0 - 100 |  | Comb. Fibre Storage Bin
101 - 500 |  | Comb. Fibre Storage Room
501-1000 | Unprotected | Comb. Fibre Storage Vaule
1000 - up | Protected | Comb. Fibre Storage Vault

  Up to twenty-five hundred (2500) cubic feet of loose fibres may be stored in a detached "loose house" suitable located, with opening properly protected against entrance of sparks.  The loose house shall be used for no other purpose.

  (d)   Baled storage.  No single block or pile shall contain more than twenty-five thousand (25,000) cubic feet of fibre exclusive of aisles or clearances.  Blocks or piles of baled fibre shall be separate from adjacent storage by aisles not less than five (5) feet wide, or by flash fire barriers consisting of continuous sheets of noncombustible material extending from floor to a height of at least one (1) foot above the highest point of piles and projecting at least one (1) foot beyond the sides of the piles.

  (e)   Storage of sisal, etc.  Sisal and other fibres in bales bound with combustible tie ropes, also jute and other fibres liable to swell when wet, shall be stored to allow for expansion in any direction without endangering building walls, floors, ceilings or columns. Not less than three-foot clearance shall be left between walls and sides of piles; except, that if storage compartment is not more than thirty (30) feet in width, eighteen-inch clearance at side walls will be sufficient, provided a center aisle not less than five (5) feet is maintained.

  (f)   Clearance between sprinkler heads and piles.  Not less than three-foot clearance shall be maintained between sprinkler heads and tops of piles.

  (g)   Dust collecting system.  Equipment or machinery within a building which generates or emits combustible fibres shall be provided with an approved dust collecting and exhaust system.

  (h)   Agricultural storage.  Unlimited quantities of hay, straw and other agricultural products may be stored in or near farm buildings located outside closely built area.

**Sec. 22-63.  Tire rebuilding plants.**

  (a)   The equipment, processes and operation of automobile tire rebuilding and recapping plans shall comply with the applicable requirements of this code and the detail provisions of this section.

  (b)   A permit shall be obtained from the Director to conduct or maintain any tire recapping or rebuilding plant.

  (c)   The layout, arrangement and construction of buildings and structures used for tire rebuilding or recapping shall comply with the applicable requirements of the building code for the appropriate occupancy use group classification, and shall be provided with fire protection and fire extinguishment as required by that code.  Buildings and structures and their service equipment shall be maintained in safe and sound condition as required by this code.

  (d)   Fire doors or other opening protectives to exitway or elevator enclosures or similar shaft enclosures required by the building code shall be kept closed except when the opening is in actual use.

  (e)   When tire rebuilding plants are required to be separated from other occupancies in the building by the building code, such separation shall be maintained in good condition and shall not be pierced or broken in any manner. When a sprinkler system is required by the building code in an automobile tire rebuilding plant it shall be maintained in proper and continuous working order.

  (f)   Buffing machines shall be located in a room separated from the remainder of the plant as required by the building code, and fire doors in such separations shall be maintained free of all obstructions at all times.  Each machine shall be connected to an ample dust collecting system in conformity with NFPA Standard #91, Standard for the Installation of Blower and Exhaust Systems for Dust, Stock, Vapor Removal or Conveying.

  (g)   Each room where rubber cement is used or mixed, or flammable or combustible solvents are applied, shall be equipped with effective mechanical or natural ventilation.

**Sec. 22-64.  Lumber yards and woodworking plants.**

  (a)   Permit required.  No person shall store in excess of one hundred thousand (100,000) board feet of lumber without a permit.

  (b)   Storage area.  The area for storage of each lumber pile, whether in the open or under cover shall not exceed four thousand (4,000) square feet.  Such areas shall be so arranged that all lumber storage piles are separated either by a distance of fifteen (15) feet, a fire wall, storage of noncombustible material or any other approved fire break.  No lumber pile shall be higher than its clear distance from the nearest adjoining property line, and the maximum height of piles shall be fifteen (15) feet.

  (c)   Fencing. Permanent lumber storage yards exceeding four thousand (4,000) square feet in area shall have a substantial six-foot masonry, metal, wire or wood fence designed to prevent entry of unauthorized persons onto the premises, unless the storage is within fully enclosed buildings.

  (d)   Auto storage.  No automotive trucks or automobiles shall be allowed to remain closer than fifteen (15) feet to a lumber storage shed overnight unless housed within a noncombustible garage.

  (e)   Burning of shavings, refuse, etc.  When approved the burning of shavings, sawdust and refuse materials shall be permitted only under boilers, in furnaces or in incinerators or refuse burners safely constructed and located.  Stacks shall be provided with approved spark arresters having openings which will eliminate the danger from sparks such as an expansion chamber, baffle walls or other effective arrangement. At boiler or other points where sawdust or shavings are used as fuel, a storage bin of noncombustible construction with raised sill, shall be provided.

  (f)   Smoking.  Smoking shall be prohibited except in specified safe locations in buildings.  "No Smoking" signs shall be painted on exterior building walls and on signs, erected at driveways’ edges. "No Smoking" signs shall be posted throughout all buildings except in specific locations designated as safe for smoking purposes.

  (g)   Weeds.  Weeds shall be kept down throughout the entire year and shall be sprayed as often as needed with a satisfactory weed killer or cut or grubbed out.  Dead weeds shall be removed.

  (h)   Debris; housekeeping.  Debris such as sawdust, chips and shorts shall be removed regularly.  Proper housekeeping shall be maintained at all times.

  (i)   First aid fire extinguishing equipment in open yards and buildings.  Portable fire extinguishers suitable for the hazard involved or water barrels shall be provided at convenient, conspicuously accessible locations.  The extinguishers or barrels shall be placed so that the maximum travel distance to the nearest unit shall not exceed seventy-five (75) feet.  Water barrels if used shall be provided with three (3) pails each and shall contain at least forty (40) gallons of water.  First aid fire extinguishers shall be provided in all buildings in accordance with the provisions of NFPA Standard #10, Portable Fire Extinguishers.

  (j)   Refuse removal systems for sawmills, etc.  Sawmills, planing mills and other woodworking plants shall be equipped with refuse removal systems which will collect and remove sawdust and shavings as produced.

  (k)   Fire fighting equipment near machines producing shavings, etc. Fire fighting equipment, either first aid fire appliances or hose supplied from a suitable water system, shall be provided within reach of any machine producing shavings or sawdust.  Extinguishers shall be provided in accordance with the provisions of NFPA Standard #10, Portable Fire Extinguishers.

**Sec. 22-65.  Hazardous chemicals generally.**

  (a)   Applicability of section; defined.  This section shall apply to materials not otherwise covered in this code which are highly flammable, or which may react to cause fires or explosions, or which by their presence create or augment a fire or explosion hazard, or which because of the toxicity, flammability or liability to explosion render fire fighting abnormally dangerous or difficult; also to flammable or combustible liquids which are chemically unstable and which may spontaneously form explosive compounds, or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard.  Hazardous chemicals shall include such materials as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, potentially explosive chemicals, highly toxic materials and poisonous gases.

  (b)   Permit required.  A permit shall be required for the storage, transportation or handling of more than fifty-five (55) gallons of corrosive liquids; or more than five hundred (500) pounds of oxidizing materials; or more than ten (10) pounds of organic peroxides; or more than five hundred (500) pounds of nitromethane; or one thousand (1,000) pounds or more of ammonium nitrate, ammonium nitrate fertilizers and fertilizer mixtures covered in section 22-65(f)(4); or any amount of highly toxic materials, pyrophoric materials, hyperbolic materials, cryogenic materials or poisonous gases.

  (c)   Safeguards for manufacture, storage, handling and use.  The manufacture, storage, handling and use of hazardous chemicals shall be safeguarded with such protective facilities as public safety requires.

    (1)   The Director may require the separation, or isolation of any chemical that in combination with other substances may bring about a fire or explosion or may liberate a flammable or poisonous gas.  The Director may require separation from other storage, occupancies or buildings when the quantity stored constitutes a material hazard.

    (2)   Defective containers which permit leakage or spillage shall be disposed of or repaired, in accordance with recognized safe practices; no spilled materials shall be allowed to accumulate on floors or shelves.

    (3)   Where kept for retail sale in containers or packages usual to the retail trade, storage shall be neat and orderly and shelves shall be of substantial construction.

    (4)   Where specific requirements are not otherwise established, storage, handling and use of hazardous chemicals shall be in accordance with nationally recognized good practice.

  (d)   Oxidizing materials.  Packaged oxidizing materials shall be stored in dry locations and separated from stored organic materials.  Bulk oxidizing materials shall not be stored on or against wooden surfaces.  Oxidizing materials shall be stored separately from flammable liquids, flammable solids, combustible materials, hazardous chemicals, corrosive liquids and such other noncompatible materials as may be determined by the Director.

  (e)   Radiation.  Durable, clearly visible signs of warning of radiation dangers shall be placed at all entrances to areas or rooms where radioactive materials are used or stored.  In addition, each container in which radioactive materials are used, stored or transported shall bear a durable, clearly visible, appropriate warning sign.  Such signs shall bear the three-bladed radiation symbol in magenta or purple on a yellow background in accordance with nationally recognized good practice.

    (1)   Signs are not required for storage of manufactured articles other than liquids, such as instruments or clock dials or electronic tubes or apparatus of which radioactive materials are a component part and luminous compounds, when securely packed in strong containers; provided, that the gamma radiation at any surface of the package is less than ten (10) milliroentgens in twenty-four (24) hours.

    (2)   When not in use, radioactive materials shall be kept in adequately shielded fire resistant containers of such design that the gamma radiation will not exceed two hundred (200) milliroentgens per hour or equivalent at any point of readily accessible surface.

  (f)   Explosive chemicals.  Potentially explosive chemicals shall be stored away from all heat- producing appliances and electrical devices and shall be protected from external heat, fire and explosion.  Explosives and blasting agents shall not be stored in the same building or in close proximity to such materials except in accordance with section 22-71.  Good housekeeping shall be maintained.  Uncontaminated contents of broken or cracked bags, packages or other containers shall be transferred to new and clean containers before storing.  Other spilled materials and discarded containers shall be promptly gathered up and destroyed in an approved manner.  All electric bulbs shall be equipped with guards to prevent breakage.  Open lights or flames and smoking shall be prohibited in or near storage areas.  Internal-combustion motor vehicles or lift trucks shall not be parked or stored in the room or compartment where such chemicals are located.

    (1)   Organic Peroxides.  A detached, well isolated, ventilated and unheated storage building with walls having not less than a two-hour fire resistive rating constructed in accordance with the building code, a noncombustible floor and a lightweight insulated roof shall be provided for the storage of fifty (50) pounds or more of organic peroxides.  If not adequately protected by a fast-acting deluge type automatic sprinkler system, the storage building shall be located the following minimum distances from flammable or combustible liquid storage, combustible materials in the open and from any other building or highway.

Weight of Organic Peroxide (pounds) | Distance (feet)
50 to 100 | 75
100 to 500 | 100
500 to 1000 | 125
1000 to 3000 | 200
3000 to 5000 | 300

    The organic peroxides shall be stored in the original shipping containers (DOT containers).  Care shall be taken to avoid rough handling or contamination of these chemicals. Readily legible warning signs and placards shall be prominently placed in the storage and processing areas.

    (2)   Nitromethane.  A suitably isolated outdoor storage area shall be provided for nitromethane.  Hazardous processing shall not be permitted in the vicinity of this storage area.  Nitromethane shall be stored in the drum in which it is received or in an underground tank with suitable corrosion protection and a minimum of two (2) feet of earth over the tank or in barricaded tanks above ground.  If the drum storage is not adequately protected by a fast-acting deluge type automatic sprinkler system, the storage of two thousand (2,000) pounds or more shall be located the following minimum distances from inhabited buildings:

Weight (pounds over) (pounds not over) | Approximate Number of Drums | Distance (feet)
Beginning at 2,000 | 4 | 100
2,000 to 10,000 | 20 | 200
10,000 to 20,000 | 40 | 300
20,000 to 40,000 | 80 | 400
40,000 to 80,000 | 160 | 500

    Care shall be taken to avoid rough handling or contamination of this chemical.  Readily legible warning signs and placards shall be prominently placed in the storage and processing areas.

    (3)   Ammonium Nitrate.  All flooring in storage and handling areas shall be of noncombustible material and shall be without drains, traps, pits or pockets into which any molten ammonium nitrate could flow and be confined in case of fire.

      i.   Each storage pile of bags or other authorized packages and containers of such materials shall not exceed twelve (12) feet in height, twelve (12) feet in width and thirty (30) feet in length.  Such pile units shall be separated by a clear space of not less than thirty-six (36) inches in width from the base to the top of piles, serving as cross aisles in the storage area shall be not less than four (4) feet in width.  A clearance of not less than thirty (30) inches shall be maintained from building walls and partitions and of not less than thirty-six (36) inches from ceilings or roof structural members with a minimum of eighteen (18) inches from sprinklers.

      ii.   Ammonium nitrate storage areas shall be separated by a space of thirty (30) feet or by a tight noncombustible partition from storages of organic chemicals, corrosive liquids, compressed gases, flammable combustible materials or other contaminating substances such as sulphur, coal, flour and metallic powders such as zinc, copper and magnesium where storage of such materials is permitted with ammonium nitrate.

      iii.   Quantities of ammonium nitrate or ammonium nitrate fertilizer, having no organic coating, in the form of crystals, flakes, grains or pills including fertilizer grade, dynamite grade, nitrous oxide grade and technical grade ammonium nitrate and ammonium nitrate phosphate (containing sixty (60) percent or more ammonium nitrate by weight) of more than fifty (50) tons total weight shall be stored in a well-ventilated building.  Such building shall be of one-hour fire-resistive or noncombustible construction as specified in the building code or shall be equipped with an approved automatic sprinkler system.  In populated areas, quantities of two thousand five hundred (2,500) tons or more shall be stored in well-ventilated buildings of one-hour fire-resistive or noncombustible construction as specified in the building code equipped with an approved automatic sprinkler system.  No combustible materials or ammonium nitrate sensitizing contaminants shall be stored in this building.

      iv.   Storage of ammonium nitrate, coated or mixed with organic anti-caking materials except compounded blasting agents, shall not be permitted in populated and congested areas.  Outside such areas, quantities of five hundred (500) tons or less may be stored in well-ventilated buildings of one-hour fire-resistive or noncombustible construction as specified in the building code equipped with an approved automatic sprinkler system.

  (g)   Highly toxic materials.  Highly toxic materials are materials so toxic to man as to afford an unusual hazard to life and health.  Highly toxic materials shall be segregated from other chemicals and combustible and flammable substances by storage in a room or compartment separated from other areas by a one-hour occupancy separation constructed as specified in the building code.  The storage room shall be provided with adequate drainage facilities and natural or mechanical ventilation to the outside atmosphere.  Legible warning signs and placards stating the nature and location of the highly toxic materials shall be posted at all entrances to areas where such materials are stored or used.

  (h)   Poisonous gases.  Storage of poisonous gases shall be in rooms of at least one-hour fire resistive construction as specified in the building code and having natural or mechanical ventilation adequate to remove leaking gas.  Such ventilation shall not discharge to a point where the gases may endanger any person. Legible warning signs stating the nature of hazard shall be placed at all entrances to locations where poisonous gases are stored or used.

  (i)   Corrosive liquids.  Satisfactory provisions shall be made for containing and neutralizing or safely flushing away leakage of corrosive liquids which may occur during storage or handling.

  (j)   Storage cabinets for hazardous materials.  Cabinets for the storage of hazardous materials shall be approved and substantially constructed of No. 18 gauge sheet iron or a minimum of one-inch plywood or equivalent.  Doors shall be self-closing and self-latching.  Cabinets shall be painted with an intumescent type paint and shall be conspicuously labeled in red letters "HAZARDOUS--KEEP FIRE AWAY."

**Sec. 22-66.  Hazardous chemicals in low hazard occupancies.**

  It shall be unlawful for any person to keep, store or possess in any building used for residential, assembly or office occupancy and quantity of hazardous chemicals as defined by this section without a permit except materials in forms prescribed by the official United States Pharmacopeia.  For the purposes of this section hazardous chemicals requiring a permit shall include any of the following:

    (1)   Any material classified by the United States Department of Transportation as a class A explosive or a class A poison.

    (2)   Any material classified by the National Fire Protection Association recommended system for the identification of the fire hazards of materials, NFPA #704-M, that have a health hazard rating of three or four or that have a reactivity rating of two, three or four.

    (3)   Any material not classified by either system but which possesses the same or similar characteristics of being unstable or highly toxic as those materials covered by paragraphs (1) and (2) above.

**Sec. 22-67.  Hazardous gas in balloons.**

  No person shall use any flammable, oxidizing, toxic, corrosive or reactive gas to inflate balloons.  Air and inert gases which are lighter than air are not prohibited for this purpose.

**Sec. 22-68.  Compressed gases generally.**

  (a)   Storage containers.  Cylinders and pressure vessels shall be designed, constructed, tested and maintained in accordance with nationally recognized good practice.  Each cylinder, pressure vessel or group of containers shall be marked with the name of the gas contained in accordance with nationally recognized good practice.

  (b)   Storage and use.  All compressed gas cylinders in service or in storage shall be adequately secured to prevent falling or being knocked over.

**Sec. 22-69.  Fumigation.**

  (a)   The central fire communication center shall be notified in writing at least twenty-four (24) hours before any fumigation operation in accordance with the provisions of Standard for Fumigation, NFPA #57.

  (b)   All fumigation operations shall be conducted in accordance with the Standard for Fumigation, NFPA #57.

**Sec. 22-70.  Fireworks.**

  (a)   Defined.  The term "fireworks" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of unmanned balloons which require fire underneath to propel the same, firecrackers, torpedos, skyrockets, Roman candles, Daygo bombs, sparklers, or other fireworks of like construction and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include model rockets and model rocket engines, designed, sold and used for the purpose of propelling recoverable aero models and shall not include toy pistols, toy canes, toy guns or other devices in which paper or plastic caps manufactured in accordance with the United States Department of Transportation regulations for packing and shipping of toy paper or plastic caps are used and toy paper or plastic caps manufactured as provided therein, the sale and use of which shall be permitted at all times.  Each package containing toy paper or plastic caps offered for retail sale shall be labeled to indicate the maximum explosive content per cap.

  (b)   Manufacture.  It shall be unlawful to manufacture fireworks within Montgomery County.

  (c)   Possession or use.  Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell or use, burn or explode any fireworks; provided, that the possession, sale or discharge of fireworks are permitted when such activities are conducted under a permit issued by the state fire marshal.

  (d)   Signal purposes, shows, etc. Nothing in this section shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theatre, or for signal or ceremonial purposes in athletics or sports or for the use by military organizations.

  (e)   Storage.  No person shall keep or store fireworks in the county for a period in excess of eight (8) hours unless such person shall have a valid permit from the state fire marshal for a display within the county and unless such storage site has been approved by the Director.

**Sec. 22-71.  Explosives and blasting agents generally.**

  (a)   Standards.  National Fire Protection Association Code for the Manufacturing, Transportation, Storage, and Use of Explosive Materials, NFPA #495, is hereby adopted as if such standard were set out in full in this section.  The following sections are hereby deleted from the standard adopted by this subsection.  In chapter 2, paragraph 22, permit requirements; paragraph 23, permit classes; paragraph 24 blaster’s permit; paragraph 251, permit to use.

  (b)   Permit to blast.  No person shall use any explosives within the county unless a permit shall have been first obtained for such use from the Director.  The Director shall issue the permit where he finds that the applicant has sufficient experience in, and knowledge of, the use of explosives to assure that they will be used so as not to endanger the health or safety of his fellow workmen or the general public.  The Director shall state in the permit the maximum amount of explosives to be used in any one charge and he may state the total amount of explosives to be used at the location stated in the application.  The maximum amounts fixed by the Director shall be such as to protect the health and safety of the general public and the fellow workmen of the permittee.  Explosives shall not be used in an amount in excess of the limits stated in the permit.

  (c)   Hours of blasting operations.  Blasting operations shall not be conducted within the county between the hours of 7:00 p.m. and 7:00 a.m. nor at any time on Sunday, except by special permission by the Director.

  (d)   Handling generally.  The handling of explosives may be performed by other employees; provided, that the work is done under the direct supervision of the person holding the permit to use explosives.

  (e)   Handling by intoxicated persons.  No person shall handle explosives while under the influence of intoxicating liquors or narcotics.

  (f)   Smoking.  No person shall smoke while handling explosives or in the vicinity thereof.

  (g)   Open flames.  No open flame lamp or light shall be used in the vicinity of explosives.

  (h)   Possession of permit.  The permit shall be made out in the name of and shall be in the possession of the person supervising the use of the explosives.

**Sec. 22-72.  Model rocketry.**

  (a)   Permit required.  A permit in accordance with the provisions of the Code for Model Rocketry, NFPA #41-L, shall be obtained before launching any model rocket.

  (b)   Standards.  The provisions of the Code for Model Rocketry, NFPA #41-L, shall apply to all model rocketry activities.

  (c)   Dangerous rockets.  Any model rocket or model rocket engine that does not comply with the requirements for construction in the standard adopted in subsection (b) of this section shall be considered a dangerous rocket.  Any person who shall construct, manufacture, possess, give away, sell or launch such dangerous rocket shall be subject to the provisions of the fireworks section of this chapter.

**Sec. 22-73.  False alarms; injuring fire alarm system.**

  (a)   For the purpose of this section an emergency alarm shall be deemed and construed as being any act as follows: The giving, signaling or transmitting to the central fire communications center, any fire station, any rescue station, or any officer or member thereof, whether by telephone, spoken word or otherwise, information to the effect that there is a fire, explosion, injured person, sick person, person trapped, building collapse, gas leak or other emergency to which fire or rescue apparatus normally responds at or near the place indicated by the person giving, signaling or transmitting such information.

  (b)   Any person who deliberately or maliciously gives, signals or transmits, or who causes or permits to be given, signaled or transmitted an emergency alarm when in fact that person knows that no such emergency exists shall be guilty of a misdemeanor.

  (c)   It shall be unlawful for any person to tamper with or maliciously injure any fire alarm equipment maintained for the purpose of transmitting fire alarms to the fire department.

**Sec. 22-74.  Fire safety instructions.**

  (a)   Posting.  Hotels, motels, apartment houses, lodging houses and all other residential occupancies except one- and two-family dwellings, shall have a printed copy of fire safety instructions permanently and conspicuously posted in each occupancy unit and at such other locations as required by the Director.  The text and posting location shall be subject to the approval of the Director.

  (b)   Fire plans.  The person responsible for fire safety in all buildings more than seventy-five (75) feet in height, buildings serving as housing for senior citizens, building housing institutional or educational occupancies, or such other buildings as may be required by the Director, shall prepare a written plan which details adequate procedures for occupants in case of fire.  The plan shall be submitted to the Director for approval.  After approval the plan shall be distributed to appropriate occupants of the building.

  (c)   Emergency safety plan for multifamily rental building – required.

    (1)   Definitions. For purposes of this Section:

        Department means the Department of Permitting Services.

        Director means the Director of the Department or the Director’s designee.

        Emergency safety plan means a plan approved by the Department in accordance with this Section.

    (2)   Emergency safety plan - requirements.

      (A)   Each landlord of a multifamily dwelling must submit a proposed emergency safety plan on a form prescribed by the Director for review and approval by the Department.

      (B)   Lease requirement. After the Department approves an emergency safety plan, the landlord must include the plan in each lease agreement as required under Section 29-27 and must operate in accordance with the approved plan.

      (C)   Frequency of plan. An emergency safety plan expires every three years. A landlord is required to update its plan and obtain a new approval from the Department to remain in compliance with this Section.

      (D)   Scope and contents of the plan. The emergency safety plan must, at a minimum, include:

        i.   an evacuation map;

        ii.   the location of fire extinguishers;

        iii.   the type of fire alarm system installed;

        iv.   a point of contact or the type of communication that will be used by the landlord during and after the emergency;

        v.   details regarding alternate housing when a tenant is displaced due to the building emergency; and

        vi.   any other standards prescribed by the Director established by executive regulations.

      (E)   Availability of plan. A landlord must make available the emergency safety plan to the County Fire & Rescue Department, or any other emergency response personnel, upon request.

    (3)   Established. The Department is authorized to review each emergency safety plan submitted by a landlord of a multifamily rental building in accordance with this Section.

    (4)   Plan review. Upon receipt of a plan, the Department may coordinate with other relevant departments to evaluate the adequacy of a plan. The Department must recommend approval or denial of the submitted emergency safety plan. A decision whether to approve or deny a safety plan under this Section must be based on the requirements developed under subsection (b) and executive regulations.

    (5)   Reconsideration of plan after denial.

      (A)   Within 30 days after the Director issues a denial, a landlord may file a request for reconsideration of an emergency safety plan.

      (B)   An alternative safety measure may be approved and implemented if the Director determines that such measures may provide equivalent or acceptable safety for a multifamily building.

    (6)   Emergency plan guidance for landlords. The Department, in coordination with Department of Housing and Community Affairs, and the County’s Office of Emergency Management and Homeland Security, and any other relevant departments, must develop and make publicly available for landlords best practices for establishing an emergency safety plan.

    (7)   Regulations. The Executive must adopt Method (2) regulations to implement the requirements of this Section. The regulations must include procedures for a landlord to submit and for the Director to consider, review, and reconsider a proposed emergency safety plan by a landlord.

    (8)   Increase calls for service – plan addendum required. If the Director receives a notification by Montgomery County Fire and Rescue Services (MCFRS) of a multifamily property that has 10 or more calls for service for a fire-related emergency within a 12-month period, the Director may require the property owner to submit an addendum to the emergency safety plan under paragraph (2) of subsection (c).

    (9)   The plan addendum, under paragraph (8), must be submitted by the property owner and provide a step-by-step implementation process to reduce fire-related calls for service. The Director may, in consultation with MCFRS, require certain action steps included in the plan addendum.

    (10)   Time for submission. The property owner must submit the plan addendum within 60 days, after notification by the Director under paragraph (8). The Director must review the amended plan within 30 days of receipt from the property owner and decide whether to approve or disapprove the plan. An amended plan approved by the Director must be implemented by the property owner within 90 days after receipt of approval.

    (11)   Reconsideration of plan addendum. If the plan addendum is not approved, the Director must provide an explanation of why the plan was not approved and include alternative measures for the property owner.

    (12)   A plan addendum may include, at minimum:

      (A)   efforts to hire security guards or additional building personnel;

      (B)   repair or replace faulty alarm systems;

      (C)   facilitate opportunities for the County to provide outreach and educational resources to residents regarding fire safety;

      (D)   contract with a vendor to provide outreach and educational resources to residents regarding fire safety and prevention of false alarms; or

      (E)   other fire alarm reduction strategies as determined by the Director, in consultation with MCFRS.

**Sec. 22-75.  Procedures in case of fire.**

  (a)   Notifying fire department.  Whenever a fire occurs in any building or premises of any kind, it shall be the duty of the owner, manager, occupant or person in control of such building or premises, upon discovery of a fire or evidence of there having been a fire, even though it has apparently been extinguished, immediately to cause notice of the existence of such fire, circumstances of same and the location thereof to be given to the central fire communications center. This requirement shall not be construed to forbid the owner, manager or person in control of the aforementioned building or premises from using all diligence necessary to extinguish such fire prior to the arrival of the fire department.  No person shall make, issue, post or maintain any regulation or order, written or verbal, that would require any person to take any delaying action prior to reporting a fire to the central fire communications center.

  (b)   Evacuation.  Whenever a fire occurs in a building or there is reason to believe a fire exists in a building, the building must be immediately evacuated and not reoccupied without the permission of the fire official in charge.  If the building is provided with a manual fire alarm system, it is the duty of any person who has knowledge of the fire to activate the manual fire alarm.  Complete evacuation is not required when other procedures are detailed in a fire plan that has been approved by the fire official.

**Sec. 22-76.  Warning notice in elevators.**

  In all buildings and structures containing elevators, there shall be permanently affixed within all elevators a prominent, plainly marked notice approved by the Director to read:

WARNINGELEVATORS SHALL NOT BE USED IN THE EVENTOF FIRE. USE MARKED EXIT STAIRWAYS.

**Sec. 22-77.  Shaftways to be marked.**

  Every outside window in a building used for manufacturing purposes or for storage which opens directly on any hoistway or other vertical means of communication between two (2) or more floors in such building, shall be plainly marked with the word "SHAFTWAY" in red letters at least six (6) inches high on a white background.  Such warning sign shall be so placed as to be easily discernible from the outside of the building.  Every door or window opening on such shaftway from the interior of the building, unless the construction of the partition surrounding the shaftway is of such distinctive nature as to make its purpose evident at a glance, shall be similarly marked with the warning word "SHAFTWAY" so placed as to be easily visible to anyone approaching the shaftway from the interior of the building.

**Sec. 22-78.  Vacant lots and parcels of land.**

  No person owning or having charge or control of any premises shall allow to exist thereon any dry vegetation, standing or otherwise, or any combustible waste or refuse of any nature which, by reason of its proximity to buildings or structures, would constitute a fire hazard.

**Sec. 22-79.  Dangerous buildings.**

  (a)   Commencement of proceedings to repair, etc.  Whenever the Director has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation, securing or demolition of the building.

  (b)   Ordering dangerous materials or conditions removed.  Whenever the Director shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated conditions, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever he shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied immediately.

  (c)   Vacation of premises; locking, etc. of premises.  Whenever the Director shall find any building or other structure which, for want of repairs, or because of damage done by storm, fire, explosion, natural wear and tear or other causes of damage or deterioration, is in such condition as to constitute an immediate and present danger to life, property or public safety, the Director is authorized to order the premises vacated immediately, if occupied, and is further authorized to post notice on the property and to order the property locked and boarded to prevent any person from entering onto the premises.  If the unsafe and dangerous conditions are not corrected in accordance with the order of the Director and no appeal has been taken as provided in this chapter, the building or structure may be secured and boarded by the county or may be removed by the county, whichever shall be required to remedy the unsafe condition.  If the owner has not maintained or has been unable to maintain the building in a safe, locked and boarded condition as previously ordered, the Director may order the demolition of the building, the filling of any excavation and the clearing of the property so that it will be in a safe condition.  The cost of removal or securing by the county shall be charged to the owner of the property in the manner of taxes and such charge shall be a lien on the property.  The cost to the county for removal or securing may also be collected as other debts.  Nothing in this section is intended to provide authority to order removal or to remove buildings for aesthetic reasons only.

  (d)   Notice and order generally.  The Director shall issue a notice and order directed to the record owner of the building.  The notice and order shall contain:

    (1)   The street address and legal description sufficient for identification of the premise upon which the building is located.

    (2)   A statement that the Director has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous.

    (3)   A statement of the action required to be taken as determined by the Director.

    (4)   Statements advising that if any required repair or demolition work is not commenced within the time specified, the Director may proceed to cause the work to be done and charge the costs thereof against the property or its owner.

    (5)   Statements advising (i) that any person having any record title or legal interest in the building may appeal from the notice and order to the board of appeals; provided, that the appeal is made in writing as provided in this code, and filed within ten (10) days from the date of service, and (ii) that failure to appeal will constitute a waiver of all right to administrative hearing and determination of the matter.

  (e)   Method of service of notice and order.  Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last assessment roll of the county or as known to the Director.  If no address of any such person so appears or is known to the Director, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings, and a copy shall be posted at or near the main entrance to the building.  The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section.  Service by certified mail in the manner herein provided shall be effective on the date of mailing.

  (f)   Posting and form of notice to vacate.  Every notice to vacate must, in addition to being served as provided in subsection (e) of this section, be posted at or upon each exit of the building, and be in substantially the following form:

DO NOT ENTERUNSAFE TO OCCUPY

It is a misdemeanor to occupy this buildingor to remove or deface this notice.Department ofPermitting ServicesMontgomery County, Maryland

  (g)   Compliance with notice to vacate.  Whenever such notice is posted, the Director shall include a notification thereof in the notice and order issued by him under subsection (d) of this section reciting the emergency and specifying the conditions which necessitate the posting.  No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit.  No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed.  Any person violating this subsection shall be guilty of a misdemeanor.

  (h)   Stay of notice and order during appeals.  Except for vacation orders, enforcement of any notice and order of the Director issued under this section shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

  (i)   Failure to obey order.  After any order of the Director or the board of appeals made pursuant to this section shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey and such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.

  (j)   Authority of Director on failure to obey final order.  If, after any order of the Director or board of appeals made pursuant to this section has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Director may (i) cause such person to be prosecuted undersubsection (i) of this section or (ii) institute any appropriate action to abate such building as a public nuisance, or both.

  (k)   Extensions.  Upon receipt of an application from the person required to conform to the order and an agreement by such person that he will comply with the order if allowed additional time, the Director may, in his discretion, grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair, rehabilitation or demolition, if the Director determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Director’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect or extend the time to appeal his notice and order.

**Sec. 22-80.  Combustible waste and refuse.**

  (a)   Storage facilities required.  Every premises shall be provided with a specifically designated room or container in or on the premises for the temporary storage of combustible waste or refuse.  It is the duty of the owner of property to provide the facilities for the storage of trash except in case of a one- or two-family dwelling in which case it shall be the duty of the occupant to provide these facilities.

  (b)   Maintenance of storage facilities.  All storage or holding facilities located inside of buildings shall be maintained in accordance with NFPA Standard on Incinerators and Rubbish Handling, #82.  The adoption of this standard shall not be construed to permit the construction or operation of any incinerator in violation of any air pollution regulation.

  (c)   Handling.  All handling activities shall be performed in accordance with the standard set forth in subsection (b) of this section.

  (d)   Construction of storage containers.  All containers used to collect waste in any building that exceed five (5) cubic feet in volume shall be constructed of noncombustible materials and equipped with a tight-fitting cover.

  (e)   Storage of combustible waste.  Combustible waste and refuse shall be stored in:

    (1)   Approved containers which are constructed of noncombustible materials equipped with a tight-fitting cover; or

    (2)   An approved bin constructed of noncombustible materials having a self-closing cover that will operate automatically in case of fire inside the bin; or

    (3)   Rooms used exclusively for such storage; or

    (4)   Such other isolated areas either inside or outside of buildings that are approved by the Director.

  (f)   Automatic sprinkler protection.  Automatic sprinkler protection shall be provided in all inside storage rooms or areas, chute discharge rooms or areas, compactor rooms and rubbish chutes.

  (g)   Closure of containers.  Storage containers not equipped with approved automatic closing covers shall be closed at all times except when trash is actually being loaded or unloaded.

  (h)   Violation of section.  Any person who places, keeps or stores or permits to be placed, kept or stored any combustible waste, rubbish or refuse in any area or facility in violation of this section shall be guilty of a misdemeanor.

  (i)   Obstruction of entrances or exits with containers.  The containers shall not obstruct any entrance or exit.

  (j)   Accumulation in rubbish chutes.  Trash or combustible waste shall not be stored or permitted to accumulate in rubbish chutes.  Trash shall be removed from the chute continuously or as often as necessary to prevent accumulation.

  (k)   Setting fire, etc., to refuse.  Any person who wilfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels or procures the burning of any combustible waste or refuse located in a chute, bin, compactor, room, container or other facilities provided for the collection of waste or refuse, shall upon conviction thereof, be sentenced in accordance with the penalties section of this chapter.

**Sec. 22-81.  Use of certain cooking equipment adjacent to multi-family dwellings.**

  The use of charcoal burning, other fuel burning or electric cooking equipment outside of any multi-family dwelling shall be prohibited unless such cooking equipment is at least twenty (20) feet from every part of the building.  The provisions of this section shall not apply to townhouses, row houses or other multi-family dwellings where all dwelling units are side by side and none are superimposed above another.

**Sec. 22-82.  Use of charcoal burning equipment in buildings, etc.**

  The use in buildings, trailers and other confined areas of charcoal fired stoves or grills shall be prohibited, except where such stove is provided with an approved system to vent gaseous combustion products directly to the outside.

**Sec. 22-83.  Use of portable heaters.**

  Portable heaters shall be designed and located so that they cannot be easily overturned.  The Director may prohibit use of portable heaters in occupancies or situations in which such use or operation would present an undue danger to life or the property of others.

**Sec. 22-84.  Use of torches for removing paint and sweating pipe joints.**

  (a)   Any person using a torch or other flame-producing device for removing paint from any building or structure shall provide one approved fire extinguisher or water hose connected to a water supply in the area where such burning is done.  In all cases, a fire watcher shall remain on the premises for one (1) hour after the torch or flame-producing device has been used.

  (b)   Any person using a torch or other flame-producing device for sweating pipe joints in any building or structure shall have available in the immediate vicinity where the sweating is done one (1) approved fire extinguisher or water hose connected to a water supply.  Combustible material in the close proximity of flame shall be protected against ignition by shielding, wetting or other approved means. In all cases, a fire watcher shall remain in the vicinity of the sweating operation for one-half hour after the torch or flame-producing device has been used.

**Sec. 22-85.  Smoking generally.**

  (a)   Designated areas where smoking prohibited.  Where conditions are such as to make smoking a hazard in any areas of piers, wharves, warehouses, stores, industrial plants, institutions, schools, places of assembly and in open spaces where combustible materials are stored or handled, the Director is empowered and authorized to order the owner or occupant in writing to post “No Smoking” signs in each building, structure, room or place in which smoking shall be prohibited.  Such signs shall be conspicuously and suitably located.  The Director shall designate specific safe locations, if necessary, in any building, structure or place in which smoking may be permitted.

  (b)   Form of “No Smoking” signs.  The lettering, size, color and location of legally required “No Smoking” signs shall be subject to the approval of the Director.

  (c)   Removal of signs prohibited. It shall be unlawful for any person to remove or mutilate or destroy any legally required “No Smoking” sign.

  (d)   Compliance with “No Smoking signs.”  It shall be unlawful for any person to smoke or throw or deposit any lighted or smoldering substance in any place where “No Smoking” signs are posted or in any other place where smoking would occasion or constitute a fire or life hazard.

  (e)   Stables.  No person shall carry or use a lighted candle, lighted lamp or any other open flame nor smoke or carry any lighted cigar, cigarette or pipe nor light any matches in any public stable.

**Sec. 22-86.  Hot ashes and other dangerous materials.**

  No person shall deposit hot ashes or cinders, or smoldering coals, or greasy or oily substances liable to spontaneous ignition, into any combustible receptacle, or place the same within ten (10) feet of any combustible materials, except in metal or other noncombustible, covered receptacles.  Such receptacles, unless resting on a noncombustible floor or on the ground outside the building, shall be placed on noncombustible stands and in every case shall be kept at least two (2) feet from any combustible wall or partition, or exterior window opening.

**Sec. 22-87.  Chimneys, heating appliances, etc., to be maintained in safe condition.**

  (a)   Generally.  All chimneys, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, incinerators, water heaters, fire boxes or boilers to which they are connected shall be constructed and maintained in such a manner as not to create a hazardous condition.

  (b)   Spark arresters.  All chimneys, stacks and flues including incinerator stacks which may emit sparks that create a fire hazard shall be equipped and maintained with a spark arrester.  Such spark arrester shall be of approved construction.

**Sec. 22-88.  Open fires generally.**

  Where permitted by the provisions of chapter 3 of the County Code, burning by open fires shall be subject to the following conditions:

  (a)   Open fires shall be attended at all times until completely extinguished.

  (b)   Garbage, dead animals, animal waste, tires, plastic, rubber and other materials which create dense smoke or emissions injurious or noxious to people or property shall not be burned.

  (c)   It shall be unlawful for any person to kindle any open fire except leaf burning, cooking fires or recreational fires without first notifying the central fire communication center of such burning.  Where burning continues for more than one (1) day the Montgomery County department of fire and rescue services shall be notified prior to 8:00 a.m. on each day of burning.

  (d)   The Director may prohibit such burning at any time the Director determines that the kindling of an open fire creates a fire hazard.

  (e)   Except for those fires used for cooking food on property occupied by a single family dwelling open fires shall not be less than thirty (30) feet from any building or structure.

  A clear space free of ignitable materials not less than ten (10) feet in diameter shall be maintained around the fire.

  (f)   The burning of material of any kind on public roads, streets, highways, alleys, sidewalks, and public rights of way shall be prohibited at all times.

  (g)   Where open burning is being conducted under the terms of a permit issued by the department of environmental protection, the permittee shall be personally responsible for the fire at all times.  The permit shall be in the possession of the person supervising the burning at all times.

  (h)   No person shall kindle a fire upon the land of another without permission of the owner thereof or his agent.

**Sec. 22-89.  Decorative materials generally.**

  Cotton batting, either natural, artificial or manufactured, straw, dry vines, leaves, trees, or other highly flammable materials shall not be used for decorative purposes in show windows or other parts of commercial, industrial or institutional occupancies unless flameproofed; provided, that nothing in this section shall be held to prohibit the display of saleable goods permitted and offered for sale.  Electric light bulbs or fixtures or any heat producing device in any building shall not be decorated with paper or other combustible materials whether flameproofed or not.  Exit doors, exit lights, fire alarm sending stations, standpipes and fire extinguisher locations shall not be concealed or obstructed by any decorative material.

**Sec. 22-90.  Electrical wiring.**

  (a)   Maintenance.  It shall be unlawful to maintain any electrical wiring appliance, apparatus or device in violation of the Montgomery County electrical code.

  (b)   Notice and discontinuance of fire hazard.  When any hazardous electrical installation is brought to the attention of the Director, he shall notify the authority enforcing the electrical code, and may order use of such installation discontinued immediately.

**Sec. 22-91.  Electrical products.**

  (a)   It is unlawful for any person, partnership, association, corporation or other legal entity to sell or distribute any electrical consumer product which is intended ultimately for the personal use of a consumer in or around a permanent or temporary household or residence unless the product is clearly labeled, marked or stamped with the symbol of an

  electrical testing laboratory which has been certified to do testing by the fire marshal of the State of Maryland. The purpose of this testing is to determine that the products tested are safe for use.

  (b)   The term "electrical consumer product" includes all electrical products, which are not a part of the permanent wiring of the structure, which may be used in or around a permanent or temporary household or residence.

  (c)   The term "electrical consumer product" excludes all electrical products operating at sixty (60) volts or less.

  (d)   Labels, stamps or markings as required must be affixed to the product, must be legible and in the English language.

  (e)   The term "sale" includes any sale, offer for sale or attempt to sell any merchandise for cash or credit or any service or offer for service as it relates to any person, edifice or equipment.

**Sec. 22-92.  Access to utilities.**

  In other than individual dwelling units no person shall place, keep or store any material on or before any gas or electric meter or any shut-off for gas service, electrical service or water service the presence of which would interfere with the ability of the fire department to shut off the utility.

**Sec. 22-93.  Mobile home parks.**

  Except where more stringent requirements are found elsewhere in this code trailer courts and mobile home parks shall comply with the Standard for Mobile Home Parks, NFPA #501-A.

**Sec. 22-94.  Construction and demolition.**

  (a)   Standards.  All construction and demolition operations for buildings that exceed five hundred (500) square feet in floor area shall be conducted in accordance with NFPA Standard #241, Safeguarding Building Construction and Demolition Operations.

  (b)   Combustible waste.  Debris, trash or other combustible waste material which creates or tends to create an undue fire hazard shall not be allowed to accumulate in, on or about any building or structure in process of construction or demolition.

  (c)   Fire extinguishing equipment.  Whenever any building or structure which is being constructed or erected is over two (2) stories in height and the construction reaches a height of twenty-five (25) feet above ground, not less than one (1) approved class A fire extinguisher shall be provided for each three thousand (3,000) square feet or fraction thereof of floor area under construction which is above the twenty-five-foot level.

  (d)   Standpipes.  The standpipe system shall be carried up with each floor and shall be installed and ready for use as each floor progresses.  Standpipes shall not be more than one (1) floor below the highest forms or staging.

  (e)   Buildings under demolition.  When a building is being demolished and a standpipe or sprinkler system is existing within such building, such standpipe and/or sprinkler system shall be maintained in an operable condition so as to be available for use by the fire department.  Such standpipe and/or sprinkler system shall be demolished with the building, but in no case shall the system, or systems, be more than one (1) floor below the floor being demolished.

  (f)   Installation of fire protection facilities by developer.  When fire protection facilities are to be installed by the developer, such facilities including all surface access roads shall be installed and made serviceable prior to and during the time of any combustible construction.  When alternate methods of protection, as approved by the Director, are provided, the above may be modified or waived.

  (g)   Combustible formwork.  Combustible formwork supporting floors shall be prohibited more than seventy-five (75) feet above the lowest point of fire apparatus access.

**Sec. 22-95.  Control of materials.**

  (a)   Whenever any material is regulated by this chapter as to flamespread, combustibility, flammability, smoke contribution, fuel contribution, flash point, toxicity, reliability or safety, it shall be the duty of the manufacturer, seller or distributor to provide such data, specifications, certification or samples as may be required to establish that the material is in conformance with the requirements of this chapter. Whenever such materials are kept, stored, installed or used in any building it shall be the duty of the owner to maintain such records of data, specification or certification, and to provide when requested samples for accepted field testing, to establish that the materials are kept, stored, installed or used in compliance with the requirements of this chapter.

  (b)   Whenever the Director shall find any material which is regulated by this chapter as to flamespread, combustibility, flammability, smoke contribution, fuel contribution, flash point, toxicity, reliability or safety, but for which there is insufficient information provided to establish that such material is in compliance with this chapter, he shall order the material to be removed, replaced or otherwise protected in an acceptable manner.

**Sec. 22-96.  Smoke detectors.**

  (a)   Requirement: It shall be the responsibility of the owner of each new and existing occupied dwelling unit to install smoke detectors in each such dwelling unit as hereinafter provided. Said smoke detectors shall be either the ionization or photo-electric type capable of sensing visible or invisible particles of combustion and providing a suitable audible alarm thereof; further, they shall be installed by July 1, 1978, in the manner hereinafter provided (unless any other provision of county, state or federal law shall require installation before the date.)  Failure to install smoke detectors as and where required by said date will subject the property owner to the penalties set forth in section 22-22.

  (b)   Location:

    (1)   At least one (1) smoke detector shall be installed to protect each sleeping area. A sleeping area is defined as the area or areas of the family living unit in which the bedrooms (or sleeping rooms) are located.  Where bedrooms or rooms ordinarily used for sleeping are separated by other-use areas (such as kitchens or living rooms, but not bathrooms or closets), they shall be considered as separate sleeping areas for the purposes of this section.

    (2)   At least one (1) smoke detector shall be installed in or near each stairway leading to an occupied area in such a manner as to assure that rising smoke is not obstructed in reaching the detector and that rising smoke cannot effectively bypass the detector before it reaches the occupied area.

    (3)   The Director may grant exceptions to subsections (1) and (2) including, but not limited to, installation of smoke detectors on every level of the home.

    (4)   Smoke detectors installed or in the process of installation in compliance with subsection (b)(2) of this section prior to the effective date of these amendments shall be deemed to have complied with this chapter.

  (c)   Alternative: Where smoke detectors are installed as part of an approved fire detection system, the requirements for single-station smoke detectors may be set aside.  An approved system shall be defined as a combination of devices that meets the requirements of this section and is installed in accordance with National Fire Protection Association Standard 74.

  (d)   Equipment: All devices, combinations of devices and equipment required herein are to be installed in conformance with the building code and this section, and approved by the Montgomery County department of Permitting services and listed by said department for the purpose for which they are intended; said list may be subsequently amended by the department of Permitting services as necessary.  Such approval is permanent unless the Director subsequently finds that the equipment is hazardous, unreliable or otherwise detrimental to public health or safety, in which case, the Director may suspend or revoke approval.  The Director may in any such case determine whether replacement of existing installation is required.  Transfer to the inactive list does not affect equipment approval.

  (e)   Installation: In new residential dwellings, single-station smoke detectors shall be wired directly (hard-wired) to the building’s power supply.  In existing dwellings within multi- family buildings of ten (10) units or more, the detectors shall meet the multi-family building power source requirements of state law, or in the absence of state law, the requirements hereunder covering other existing dwellings.  In other existing dwellings, it is preferred that single-station smoke detectors be wired directly to the power supply; however, said detectors may be powered by self-monitored battery or operated in a plug- in outlet which is fitted with a plug restrainer device, provided the outlet is not controlled by any switch other than the main power supply.

  (f)   Change in occupancy: After July 1, 1978, at every change of occupancy of every dwelling unit occasioned by or incidental to a sale, lease or sublease of said unit, it shall be the duty of the grantor thereof (i.e., the seller, lessor or sublessor, as the case may be) to provide before occupancy all smoke detectors as required by this section (or other applicable laws) in proper working condition.  Failure to comply with this subsection shall be punishable as set forth herein; provided, however, that this subsection shall not be construed to vitiate or render void any contract, lease or sublease subject hereto.

  (g)   Permits and fees: No smoke detector or alternative system may be directly connected (permanently wired) to the electrical system of the structure unless an electrical permit is first obtained from the Department of Permitting Services or the municipal electrical permit authority having jurisdiction.  The County Executive may adopt, under method (3), a fee schedule for the issuance of a permit which must not exceed the cost of administration of this section and may waive, partially or wholly, the fee requirement or issue multiple permits after payment of a single fee.

  (h)   Supplemental standards: This section is intended to be used with and supplemented by the applicable provisions of the NFPA Standards 72-E and 74, 1974 Editions, which are hereby incorporated herein; however, if there shall be any conflict between this statute and the said supplemental standards, this statute and any rules and regulations adopted pursuant thereto shall prevail.

**Sec. 22-97.  Address numbers.**

  (a)   The owner of any structure presently existing or constructed in the future must display Arabic numbers designating the address assigned to the structure by the Maryland-National Capital Park and Planning Commission, or by the municipality in which the structure is located.  Numbers must be at least five (5) inches high for single-family detached and attached residences and at least six (6) inches high for commercial, industrial or multifamily structures.  However, if the numbers designating the address of a single-family residence on April 5, 1988, were at least three (3) inches high, those numbers comply with the size requirement of this section as long as they remain in place.  Address displays must be posted on a contrasting background displayed in a conspicuous place that is unobstructed and clearly readable from the street named in the official address of the structure.  Where a structure has more than one (1) address or where more than one (1) structure shares a common entry or driveway, numbers must designate the addresses in sequence.

  (b)   An agency of the county must not require a permit for a sign containing only the address of a residence if the sign is smaller than a maximum size set by the County Executive by regulation.

  (c)   When a street sign is replaced or a new sign installed, the County Executive must cause the address range of each street to be displayed on each street name sign the county erects or maintains.

**Sec. 22-98.  Roof materials.**

  (a)   A person must not make or enforce any deed restriction, covenant, rule, or regulation, or take any other action, that would require the owner of any building to install any roof material that does not have a class A rating, or an equivalent rating that indicates the highest level of fire protection, issued by a nationally recognized independent testing organization.

  (b)   As used in this section:

    (1)   A person includes a homeowners’ association as defined in section 24B-1.

    (2)   The owner of any building includes a unit owner in a condominium, a lot owner in a homeowners’ association, and a shareholder in a cooperative housing corporation.

  (c)   This section applies to all deed restrictions, covenants, rules, and regulations adopted before and after this section became law [March 9 1989].

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 22A. Forest Conservation - Trees.

### Article I. General.

**Sec. 22A-1. Short title.**

  This Chapter may be referred to as the Montgomery County Forest Conservation Law.

**Sec. 22A-2. Findings and purpose.**

  (a)   Findings. The County Council finds that trees and forest cover constitute an important natural resource. Trees filter groundwater, reduce surface runoff, help alleviate flooding, and supply necessary habitat for wildlife. They cleanse the air, offset the heat island effects of urban development, and reduce energy needs. They improve the quality of life in a community by providing for recreation, compatibility between different land uses, and aesthetic appeal. The Council finds that tree loss as a result of development and other land disturbing activities is a serious problem in the County.

  (b)   Purpose. The purpose of this Chapter is to:

    (1)   save, maintain, and plant trees and forested areas for the benefit of County residents and future generations;

    (2)   establish procedures, standards, and requirements to minimize tree loss as a result of development and to protect trees and forests during and after construction or other land disturbing activities;

    (3)   establish procedures, standards, and requirements for afforestation and reforestation of land subject to an application for development approval or a sediment control permit;

    (4)   establish a fund for future tree conservation projects, including afforestation and reforestation; and

    (5)   provide a focused and coordinated approach for County forest conservation activities.

**Sec. 22A-3. Definitions.**

  In this Chapter, the following terms have the meanings indicated:

  Administrative subdivision means a plan for a proposed subdivision prepared and submitted for approval by the Planning Director under Division 50.6 of Chapter 50 before preparation of a subdivision plat.

  Afforestation means the establishment of forest or tree cover in accordance with this Chapter on an area from which it has always or very long been absent, or the planting of open areas which are not in forest cover.

  Agricultural activity means farming activities conducted as part of a recognized commercial enterprise, including: plowing, tillage, cropping, installation of best management practices, seeding, cultivating, and harvesting for production of food and fiber products (except commercial logging and timber harvesting operations), the grazing and raising of livestock, aquaculture, sod production, and the cultivation of orchard, nursery, and other products.

  Agricultural and resource area means an undeveloped area zoned for a density of less than or equal to one dwelling unit per 5 acres.

  Champion tree means the largest tree of its species in the County, as designated by the County Forest Conservancy District Board or its designee.

  Commercial and industrial uses means manufacturing operations, office complexes, shopping centers, and other similar uses and their associated storage areas, yards, and parking areas.

  Commercial logging or timber harvesting operation means the cutting and removing of tree stems from a site for commercial purposes, leaving the root mass intact.

  Conditional use means a use approved under Section 7.3.1 of Chapter 59.

  Declaration of intent means a signed and notarized statement by a landowner that the cutting of trees on the landowner's property:

  (1)   is for purposes exempted under this Chapter; and

  (2)   will not circumvent the requirements of this Chapter.

  Developed area means the portion of a property which has been altered from its natural state by the construction of a building, recreational facility, road or alley, rail line, athletic field, stormwater management facility, parking lot, utility or similar improvement.

  Developed property means a property that contains a developed area.

  Development application means an application, as described in Section 22A-4, filed with the Planning Board, Planning Director, Board of Appeals, Hearing Examiner, or Department of Permitting Services, for plan approval or sediment control permit.

  Development plan means a plan or an amendment to a development plan approved under Section 7.7.1.B of Chapter 59 or a floating zone plan approved under Section 7.2.1 of Chapter 59 or referred to in Section 7.7.1.B of Chapter 59.

  Development project completion means the date or event identified in the forest conservation plan agreement, but no later than the date on which the first use-and-occupancy permit is issued for the development (or activity) subject to the preliminary plan of subdivision or sediment control permit or, if a use-and-occupancy permit is not required, the date on which the final building inspection or sediment control inspection (for activities not involving building) is conducted by the Department of Permitting Services. A staged development may have more than one completion date.

  District Council means the County Council in its capacity, under Division II of the Land Use Article of the Maryland Code, to act on planning and zoning for the Maryland-Washington Regional District.

  Environmental buffer means perennial, intermittent, or ephemeral streams/channels and their associated buffers; wetlands and their associated buffers; hydraulically connected steep slopes according to the latest version of the environmental guidelines or an appropriate master plan; and floodplains.

  Environmental guidelines mean the Guidelines for Environmental Management of Development in Montgomery County, Maryland (M-NCPPC), as amended.

  Equestrian Facility means ny building, structure, or land area that is primarily used for the care, breeding, boarding, rental, riding, sport eventing, or training of horses or ponies, the teaching of equestrian skills, or competitive equestrian events.

  Expedited approval plan means a plan that is approved under Section 7.3.5 of Chapter 59.

  Floodplain (100-year) means an area along or adjacent to a stream or body of water, except tidal waters, that is capable of storing or conveying floodwaters during a 100-year frequency storm event, or a 100-year flood.

  Forest means a biological community dominated by trees and other woody plants (including plant communities, the understory, and forest floor) covering a land area which is 10,000 square feet or greater and at least 50 feet wide.  However, minor portions of a forest stand which otherwise meet this definition may be less than 50 feet wide if they exhibit the same character and composition as the overall stand. Forest includes:

  (1)   areas that have at least 100 live trees per acre with at least 50 percent of those trees having a 2 inch or greater diameter at 4.5 feet above the ground; and

  (2)   forest areas that have been cut but not cleared.

  Forest does not include an orchard.

  Forest conservation means the retention of existing forest or the creation of new forest at the levels set by the Planning Board or Planning Director.

  Forest conservation fund means a special fund maintained by the County to be used for purposes specified in Section 22A-27.

  Forest conservation plan means a plan approved under Article II.

  Forest conservation threshold means the percentage of the net tract area at which the reforestation ratio increases as specified in Section 22A-12.

  Forest cover means the area of a site meeting the definition of forest.

  Forest edge means the transition zone from an area of forest to fields, meadows, yards, or other open spaces. Forest edge includes forest that was previously interior forest, but has become forest edge due to clearing.

  Forest mitigation banking means the intentional restoration or creation of forests undertaken expressly to provide credits for afforestation or reforestation requirements.

  Forest stand delineation means the evaluation of existing vegetation in relation to the natural resources on a site proposed for development or land disturbing activities.

  High-density residential area means an area zoned for densities greater than one dwelling unit per 40,000 square feet, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.

  Institutional development area means land occupied by uses such as schools, colleges and universities, military installations, transportation facilities, utility and sewer projects, government offices and facilities, fire stations, golf courses, recreation areas, parks, cemeteries, and religious institutions.

  Land disturbing activities:

    (1)   has the same meaning as in Chapter 19; and

    (2)   means cutting, clearing, or grading of more than 5,000 square feet of forest.

  Linear project means a project whose configuration is elongated with nearly parallel sides and used to transport a utility product or public service not otherwise to be constructed or improved as part of an application for subdivision approval, such as electricity, gas, water, sewer, communications, trains, pedestrians, and vehicles.  A linear project may traverse fee simple properties through defined boundaries or through easement rights.

  Lot means for the purpose of this Chapter a tract of land, the boundaries of which have been established as a result of a deed or previous subdivision of a larger parcel, and which will not be the subject of further subdivision, as defined under Chapter 50, without an approved forest stand delineation and forest conservation plan.

  Mandatory referral means the required review by the Planning Board of projects or activities to be undertaken by government agencies and private and public utilities under Section 20-301 of the Land Use Article of the Maryland Code.

  Medium-density residential area means an area zoned for a density greater than one dwelling unit per 5 acres and less than or equal to one dwelling unit per 40,000 square feet, including both existing and planned development and their associated infrastructure, such as roads, utilities, and water and sewer service.

  Minor subdivision means a plan for a proposed subdivision prepared and submitted for approval by the Planning Director under Division 50.7 of Chapter 50.

  Mixed-use development means a single, relatively high-density development project, usually commercial in nature, which includes 2 or more types of uses.

  Municipal corporation means a municipality without planning and zoning authority or which has assigned its responsibilities under Section 5-1603(a) of the Natural Resources Article of the Maryland Code to the County.

  Natural regeneration means the natural establishment of trees and other vegetation with at least 400 woody, free-to-grow seedlings per acre, which are capable of reaching a height of at least 20 feet at maturity.

  Net tract area means the total area of a tract, including both forested and unforested areas, to the nearest 1/10 acre, reduced by road or utility rights-of-way which will not be improved as part of the development application.  However, in agriculture and resource areas, net tract area is the portion of the total tract for which land use will be changed or will no longer be used for primarily agricultural activities.  For a linear project, net tract area is the area of a right-of-way width or the limits of disturbance as shown on the development application, whichever is greater.

  Obligee means a person obligated under a financial security instrument to meet certain regulatory requirements under Article II.

  Park development plan means an application submitted by the Montgomery County Parks Department for the construction and development of a specific park.

  Patuxent Primary Management Area (PMA) means an area of environmental importance within the Patuxent River watershed, as further defined in the environmental guidelines.

  Person means:

    (1)   the federal government, the state, any county, municipal corporation, or other political subdivision of the state, or any of their units;

  (2)   an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;

  (3)   any partnership, firm, common ownership community, or other homeowners' association, public or private corporation or any of their affiliates or subsidiaries; or

  (4)   any other entity.

  Planned unit development means a development comprised of a combination of land uses or varying intensities of the same land use, having at least 20 percent of the land permanently dedicated to green area, and under an integrated plan that provides flexibility in land use design approved by the Planning Board under Section 7.2.1 of Chapter 59 or referred to in Section 7.7.1.B of Chapter 59.

  Planning Board means the County Planning Board of the Maryland-National Capital Park and Planning Commission.

  Planning Director means the Director of the Montgomery County Park and Planning Department, or the Director's designee.

  Preliminary plan of subdivision means a plan for a proposed subdivision prepared and submitted for approval by the Planning Board under Division 50.4 of Chapter 50 before preparation of a subdivision plat.

  Project plan means an amendment to a project plan referred to in Section 7.7.1.B of Chapter 59.

  Public utility means any:

    (1)   transmission line or electric generating station; or

    (2)   water, sewer, electric, gas, telephone, and cable service line.

  Reforestation or reforested means the creation of a biological community dominated by trees and other woody plants (including plant communities, the understory, and forest floor) which is at least 10,000 square feet in area and 50 feet wide, and containing at least 100 live trees per acre, with at least 50 percent of those trees having the potential of attaining a 2 inch or greater diameter measured at 4.5 feet above the ground within 7 years.  Reforestation for a linear project which involves overhead transmission lines may consist of a biological community dominated by trees and woody shrubs with no minimum height or diameter criteria.

  Restoration plan means a plan prepared in response to a violation of this Chapter.

  Retention means the deliberate holding and protecting of existing trees and other plants on the site.

  Sediment control permit means a permit required to be obtained for certain land disturbing activities:

    (1)   under Chapter 19, Article I;

    (2)   from the Washington Suburban Sanitary Commission for major utility construction as defined under regulations of the Commission; or

    (3)   from a municipal corporation.

  Significant tree means a tree of any species that is 24 inches or greater in diameter at 4.5 feet above the ground.

  Site plan means a plan or an amendment to a site plan approved under Section 7.3.4 of Chapter 59 or referred to in Section 7.7.1.B of Chapter 59.

  Sketch plan means a plan or amendment to a sketch plan approved under Chapter 59.7.3.3.

  Solar Photovoltaic Facility means an area containing the footprint of ground-mounted or freestanding solar energy generation equipment that is approved by the Maryland Public Service Commission.

  Special exception means a use approved as a conditional use under Section 7.3.1 or Section 7.7.1.B of Chapter 59 or referred to in Section 7.7.1.B of Chapter 59.

  Special Protection Area (SPA) means a geographic area designated by the County Council under Section 19-62(a).

  Specimen tree means a tree that is a particularly impressive or unusual example of a species due to its size, shape, age, or any other trait that epitomizes the character of the species as further described in the most recent version of the Trees Technical Manual.

  Stream Restoration Project means an activity that:

    (1)   is designed to stabilize stream banks or enhance stream function or habitat located in an existing stream, waterway, or floodplain;

    (2)   avoids and minimizes impacts to forests and provides for replanting on-site an equivalent number of trees to the number removed by the project;

    (3)   may be performed under a municipal separate storm sewer system permit, a watershed implementation plan growth offset, or another plan administered by the State or local government to achieve or maintain water quality standards; and

    (4)   is not performed to satisfy stormwater management, wetlands mitigation, or any other regulatory requirement associated with a development application.

  Subdivision has the same meaning as stated in Chapter 50.

  Technical Manual means a detailed guidance document used for administration of this Chapter that is adopted by the Planning Board under Section 22A-26.

  Timber harvesting means a tree cutting operation affecting one or more acres of forest or developed woodland within a one year period that disturbs 5,000 square feet or more of forest floor. Timber harvesting does not include grubbing and clearing of root mass.

  Tract means:

    (1)   the property subject to a development application or a sediment control permit, the boundaries of which are described by deed or record plat;

    (2)   the entire property subject to a development application or a sediment control permit if it is developed as a single project; or

    (3)   the length and width of the right-of-way or the limits of disturbance, whichever is greater, for a linear project.

  Tree means a large, woody plant having one or several self-supporting stems or trunks and numerous branches that reach a height of at least 20 feet at maturity.

  Tree cover means the combined area, in square feet, of the crowns of all trees on a tract. For replanting purposes, tree cover is the typical crown area for the specific tree at 20 years.

  Tree save plan means a plan prepared in conjunction with a development application indicating where trees are to be retained or planted, including the establishment of conservation areas.

  Variance means relief from this Chapter.  Variance does not mean a subdivision or zoning variance.

  Watershed means any area delineated as a watershed in the Montgomery County Municipal Separate Storm Sewer System (MS4) Permit Implementation Program (delineated by the State of Maryland as an 8-digit watershed), and any smaller area within the watershed that is delineated by the State of Maryland as a 12-Digit watershed.

  Wetland means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a)   a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b)   a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-4. Applicability.**

  Except as otherwise expressly provided in this Chapter, this Chapter applies to:

  (a)   a person required by law to obtain an approval or amendment to a development plan, diagrammatic plan, project plan, floating zone plan, sketch plan, expedited approval plan, preliminary plan of subdivision, administrative subdivision, minor subdivision, or site plan;

  (b)   a person required by law to obtain approval of a special exception or a conditional use, or a sediment control permit on a tract of land 40,000 square feet or larger, and who is not otherwise required to obtain an approval under subsection (a);

  (c)   a person who performs any cutting or clearing, or any other land disturbing activity that would directly threaten the viability of, any champion tree, wherever located;

  (d)   a government entity subject to mandatory referral or a park development plan on a tract of land 40,000 square feet or larger which is not exempt under subsection 22A-5(f);

  (e)   highway construction not exempt under subsections 22A-5(e) or (p);

  (f)   a public utility not exempt under subsections 22A-5(g), (o)(1) and (2), or (p); and

  (g)   clearing or grading conducted on two or more platted contiguous lots:

    (1)   that collectively total 40,000 square feet or larger;

    (2)   that are graded at the same time; and

    (3)   where sediment control is required.

  Notwithstanding the above, any person who expects to cut, clear, or grade more than 5,000 square feet of forest or any champion tree must request an exemption under Section 22A-5 or must comply with the requirements of Article II. Any person who believes that cutting, clearing, or grading is exempt under Section 22A-5, 22A-6, or 22A-8 must receive confirmation from the Planning Director that the activity is in fact exempt from Article II. Performing any cutting, clearing, or grading before the Director confirms that an exemption applies is a violation of this Chapter.

  The Planning Director must notify the Department of Permitting Services if this Chapter would apply to any cutting, clearing, or grading of which the Department would otherwise not be notified.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a)   a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b)   a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-5. Exemptions.**

  The requirements of Article II do not apply to:

  (a)   an activity conducted on an existing single lot of any size that is required to construct a dwelling house or accessory structure (such as a pool, tennis court, or shed) intended for the use of the owner, if the activity:

    (1)   does not require a special exception;

    (2)   does not occur within an environmental buffer, except for the allowable uses stated in the environmental guidelines

    (3)   does not result in the cutting, clearing, or grading of:

      (A)   more than a total of 20,000 square feet of forest;

      (B)   any forest in a stream buffer;

      (C)   any forest on property located in a special protection area which must submit a water quality plan;

      (D)   any specimen or champion tree unless a tree save plan is approved under Section 22A-6(a); or

      (E)   any trees or forest that are subject to a previously approved forest conservation plan or tree save plan; and

    (4)   is subject to a declaration of intent filed with the Planning Director stating that the lot will not be the subject of additional regulated activities under this Chapter within 5 years of the cutting, clearing, or grading of forest;

  (b)   an agricultural activity if:

    (1)   the activity is exempt from the requirements to obtain a sediment control permit under Section 19-2(b)(2);

    (2)   the activity is subject to a declaration of intent filed with the Planning Director stating that the agricultural areas will remain in commercial agriculture; and

    (3)   agricultural support buildings and related activities are built using best management practices;

  (c)   a tree nursery;

  (d)

    (1)   a commercial logging and timber harvesting operation, including any harvesting conducted under the forest conservation and management program under Section 8-211 of the Tax-Property Article of the Maryland Code that:

      (A)   is completed before July 1, 1991, or is completed on or after July 1, 1991, and the property on which the cutting or clearing is conducted is not the subject of an application for development within 5 years after the sediment control permit has been issued;

      (B)   has received approval from the County Arborist or designee that the logging or timber harvesting plan is not inconsistent with County forest management objectives and is otherwise appropriate; and

      (C)   has received a sediment control permit from the Department of Permitting Services and posted the required financial security under Chapter 19.

    (2)   The Department of Permitting Services must send the Planning Director a copy of all sediment control permits issued for commercial logging and timber harvesting operations.

    (3)   The requirements of this subsection apply to commercial logging and timber harvesting operations on agricultural land;

  (e)   a State, County, or municipal highway construction activity that is subject to Section 5-103 of the Natural Resources Article of the Maryland Code, or Section 22A-9. All requirements of an exemption for a County or municipal highway construction activity are detailed in Section 22A-6(d) and Section 22A-9;

  (f)   a governmental project reviewed for forest conservation purposes by the State Department of Natural Resources under the Code of Maryland Regulations;

  (g)   routine maintenance of public utility easements and rights-of-way, except for the clearing of access roads;

  (h)   utility or other work that is of an emergency nature;

  (i)   noncoal surface mining regulated under Subtitle 8 of Title 15 of the Environment Article of the Maryland Code;

  (j)   a sediment control permit approved before July 1, 1991, or if amended after that date at the initiation of the permittee, that does not result in the cutting of more than 5,000 additional square feet of forest;

  (k)   any lot covered by a preliminary plan of subdivision or site plan that did not receive a sediment control permit before July 1, 1991, and for which the preliminary plan of subdivision or site plan:

    (1)   was approved before July 1, 1984, and has less than 40,000 square feet of forest cover; or

    (2)   was approved or extended between July 1, 1984 and July 1, 1991; and

    (3)   the construction will not result in the cutting, clearing, or grading of:

      (A)   any forest in a stream buffer; or

      (B)   any forest on property located in a special protection area which must submit a water quality plan.

    A preliminary plan of subdivision or site plan approved before July 1, 1991, that is revised after that date at the initiative of the applicant and which results in the cutting of more than 5,000 additional square feet of forest is not exempt. Development or redevelopment of a property which requires subdivision is not exempt.  This subsection does not apply to a planned unit development subject to subsection (l);

  (l)   any planned unit development for which a development plan was approved by the District Council or for which a project plan was approved by the Planning Board before January 1, 1992, and which has received site plan approval before July 1, 1992, for the tract. However, even if site plan approval has not been obtained before July 1, 1992, for        the tract, the planned unit development is exempt if it is 75 percent or more complete on January 1, 1992, as measured by the total acreage subject to the planned unit development that has received site plan approval. A development plan or project plan amendment approved after January 1, 1992, is not exempt if it results in the cutting of more than 5,000 additional square feet of forest;

  (m)   a real estate transfer to provide a security, leasehold, or other legal or equitable interest in a portion of a lot or parcel, if;

    (1)   the transfer does not involve a change in land use, or new development or redevelopment, with associated land disturbing activities; and

    (2)   both the grantor and grantee file a declaration of intent;

  (n)   any minor subdivision under Division 50.7 of Chapter 50 if:

    (1)   the only development located on the resulting lot is a single family dwelling unit or an accessory structure (such as a pool, tennis court, or shed); development does not occur within an environmental buffer, except for the allowable uses stated in the environmental guidelines; and development does not result in the cutting, clearing, or grading of:

      (A)   more than a total of 20,000 square feet of forest;

      (B)   any forest in a stream buffer;

      (C)   any forest on property located in a special protection area which must submit a water quality plan;

      (D)   any specimen or champion tree unless a tree save plan is approved under Section 22A-6(a); or

      (E)   any tree or forest that is subject to the requirements of a previously approved forest conservation plan or tree save plan; or

    (2)   there is no proposed land disturbance and a declaration of intent is filed with the Planning Director stating that the lot will not be the subject of additional regulated activities under this Chapter within 5 years of the approval of the minor subdivision;

  (o)   the cutting or clearing of public utility rights-of-way or land for electric generating stations licensed under Sections 7-205 and 7-207 or 7-208 of the Public Utility Companies Article of the Maryland Code, if:

    (1)   any required certificates of public convenience and necessity have been issued in accordance with Section 5-1603(f) of the Natural Resources Article of the Maryland Code; and

    (2)   the cutting or clearing of the forest is conducted so as to minimize the loss of forest.

  (p)   the construction of a public utility or highway in a utility right-of-way not exempt under subsection (o), or a highway right-of-way not exempt under subsection (e), if:

    (1)   the right-of-way existed before July 1, 1992;

    (2)   forest clearing will not exceed a total of 20,000 square feet; and

    (3)   the construction will not result in the cutting, clearing, or grading of:

      (A)   any forest in a stream buffer;

      (B)   any forest on property located in a special protection area which must submit a water quality plan;

      (C)   any specimen or champion tree unless a tree save plan is approved under Section 22A-6(a); or

      (D)   any tree or forest that is subject to a previously approved forest conservation or tree save plan;

  (q)   a special exception, or conditional use, application if:

    (1)   the application is for an existing structure and the proposed use will not result in clearing of existing forest or trees;

    (2)   the application modifies an existing special exception use which was approved before July 1, 1991, and the revision will not result in the clearing of more than a total of 5,000 additional square feet of forest or any specimen or champion tree unless a tree save plan is approved under Section 22A-6(a); or

    (3)   the total disturbance area for the proposed special exception use, or conditional use, will not exceed 10,000 square feet, and clearing will not exceed a total of 5,000 square feet of forest or include any specimen or champion tree unless a tree save plan is approved under Section 22A-6(a);

  (r)   an equestrian facility located in an agricultural zone that is exempt from platting requirements under Section 50-9, whether or not a sediment control permit is obtained under Section 19-2.  Article II does not apply to any equestrian support building or related activity only if the building is built using best management practices.  However, Section 22A-6(a) applies if any specimen or champion tree would be cleared.  This exemption does not permit any forest or tree that was preserved under a previously-approved forest conservation plan or tree save plan to be cut, cleared, or graded unless the previously-approved plan is amended to allow that activity.  This exemption does not apply if:

    (1)   any forest was cleared during an agricultural activity, as defined in subsection (b), during the 5 years before any exemption under this subsection is claimed;

    (2)   any forest or tree located in a stream valley buffer would be cleared;

    (3)   on-site forest retention does not equal at least 25 percent of the tract area or all forest existing when the exemption is claimed, whichever is less; or

    (4)   on-site forest retention does not equal at least 50 percent of any net tract area when more than 50 percent of that tract is existing forest.

    A conservation easement is not required for any equestrian facility, whether or not the exemption in this subsection applies.  However, another type of long-term protection may be required under Section 22A-12(h)(2) if the facility includes any forest retention area.  The Planning Director must monitor any facility that is exempt under this subsection to confirm that the applicant and any successor in interest continue to comply with all conditions of the exemption;

  (s)

    (1)   an activity occurring on a tract of land that is less than 1.5 acres and that:

      (A)   is not located within the Commercial Residential (CR) zone classification;

      (B)   has no existing forest, existing specimen, or champion tree;

      (C)   would not result in an afforestation requirement that exceeds 10,000 square feet; and

      (D)   would not result in development within an environmental buffer, except for the allowable uses stated in the environmental guidelines; or

    (2)   an activity occurring on a tract of land that is less than one acre and that:

      (A)   is not located within the Commercial Residential (CR) zone classification; unless a tree save plan is approved under Section 22A-6(a)

      (B)   would not result in the clearing of more than a total of 20,000 square feet of existing forest, or any existing specimen or champion tree;

      (C)   would not result in a reforestation requirement that exceeds 10,000 square feet;

      (D)   would not result in development within an environmental buffer, except for the allowable uses stated in the environmental guidelines; and

      (E)   preserves forest in any on-site floodplains, stream buffers, steep slopes, critical habitats, and areas designated as priority save areas in a master plan or functional plan;

  (t)   a modification to a:

    (1)   non-residential developed property if:

      (A)   no more than 5,000 square feet of forest is ever cleared at one time or cumulatively after an exemption is issued;

      (B)   the modification does not result in the cutting, clearing, or grading of any forest in a stream buffer or forest located on property in a special protection area which must submit a water quality plan;

      (C)   the development does not occur within an environmental buffer, with the exception of the allowable uses stated in the environmental guidelines;

      (D)   the modification does not require approval of a preliminary plan, administrative subdivision plan, or conditional use/special exception;

      (E)   the modification does not increase the developed area by more than 50 percent, and any existing principal building, as defined in Chapter 59, is retained; and

      (F)   the pending development application does not propose any residential uses; or

    (2)   residential developed property if:

      (A)   forest is not impacted or cleared;

      (B)   the development does not occur within an environmental buffer, with the exception of the allowable uses stated in the environmental guidelines;

      (C)   the modification does not require approval of a preliminary plan, administrative subdivision plan, or conditional use/special exception;

      (D)   the modification does not increase the developed area by more than 50 percent;

      (E)   the existing structure is not modified; and

      (F)   the pending development application does not propose any new buildings or parking facilities.

  (u)   maintaining or retrofitting an existing stormwater management structure if:

    (1)   the clearing of vegetation or removal and trimming of trees is for the maintenance or retrofitting of the structure and in the original limits of disturbance for construction of the existing facility, or within any maintenance easement for access to the facility; and

    (2)   the tract is not included in a previously approved forest conservation plan;

  (v)   a stream restoration project for which the applicant for a sediment control permit has:

    (1)   agreed to replace every tree removed and plant the new trees before the end of the first planting season after final stabilization;

    (2)   confirmed that the tract is not included in a previously approved forest conservation plan; and

    (3)   executed a binding maintenance agreement for planting and maintenance of mitigation trees for at least 5 years with the affected property owner or owners, or with the Maryland National-Capital Park and Planning Commission if the applicant is performing a stream restoration project on their own property. If an applicant is performing a stream restoration project on their own property, financial security is required under Section 22A-12(i);

  (w)   cutting or clearing any tree by an existing airport operating with all applicable permits to comply with applicable provisions of any federal law or regulation governing the obstruction of navigable airspace if the Federal Aviation Administration has determined that the tree creates a hazard to aviation; and

  (x)   the project is for the demolition of an existing structure if:

    (1)   there is no proposed future development and existing impervious surfaces are substantially removed from the tract of land;

    (2)   the site is returned to natural topography;

    (3)   the property will not be used for a parking lot, material or equipment storage, or used as a recreational playing field;

    (4)   trees and groundcover will be planted so that all disturbed areas are immediately stabilized;

    (5)   no forest or specimen trees are removed;

    (6)   a tree save plan is submitted to protect existing forest and trees;

    (7)   the property is not already subject to Article II of this Chapter; and

    (8)   a Declaration of Intent is filed with the Planning Director stating that the property will not be the subject of additional development activities under this Chapter within 5 years of demolition of the existing structure.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-6. Special provisions — Exemptions; tree save plans; and highway projects.**

  (a)   Tree save plan requirements. An activity or development that is exempt under Section 22A-5 except for the clearing of a specimen or champion tree, or that impacts a specimen or champion tree, requires the approval of a tree save plan. The tree save plan must require tree preservation or planting of mitigation trees at a ratio of one caliper inch replaced for every 4 inches of trunk diameter removed, measured at 4.5 feet above the ground, based on the size and character of the trees to be cleared.  If trees to be cleared are part of an existing recorded scenic buffer between public parkland and a proposed development, trees that are smaller than specimen size may be included in the tree save plan.

  (b)   Exemption expiration. A confirmed exemption is valid for 5 years from the date the exemption is confirmed, unless the confirmed exemption pertains to a subdivision with a validity period of more than 5 years, in which case the confirmed exemption does not expire until the end of the subdivision validity period. If site development activities have not been authorized by the forest conservation inspector to commence before the expiration date, including inspections detailed under 22A-15(c)(2)(A) and (B), the approved exemption will expire at that time.

  (c)   Tree save plan violations. A violation of any requirement of a tree save plan or similar condition of approval may be enforced using any remedy provided under this Chapter.

  (d)   Highway projects. The provisions of Article III apply to County and municipal highway projects exempt from Article II under Section 22A-5(e).

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-7. Activities or development not exempt under Section 22A-5--Special transition provision.**

  (a)   An activity or development not exempted under Section 22A-5 and which received preliminary plan of subdivision approval, site plan approval, project plan approval, or development plan approval, including any amendments, between July 1, 1991 and July 1, 1992 is exempt from the requirements of Article II at the time of a subsequent sediment control permit application if:

    (1)   final plat approval has been obtained by July 1, 1992; or

    (2)   a substantively complete application for final plat approval under Section 50-36 has been filed by July 1, 1992. If all other requirements are met, the Planning Board must consider an application to be substantively complete if the Board determines that:

      (A)   any required approval or permit that has not been obtained from another governmental agency is not available solely because of the inaction by the other governmental agency; and

      (B)   the applicant has used best efforts to obtain the permit or approval.

  (b)   If final plat approval will not be required under subsection (a) of this Section because the development is on a recorded lot or for other reasons, the development will be subject to the requirements of this Chapter at the time of any subsequent application for a sediment control permit.

  (c)   If the Planning Board finds that a development approval between July 1, 1991 and July 1, 1992 was consistent with the retention, afforestation, or reforestation standards of this Chapter but is not exempt under this Section, the Board may waive additional submission requirements at the time of any later sediment control permit application. However, the Board must not waive the provisions of Section 22A-12(g) and (h) requiring certain agreements and financial security.

  (d)   An amendment to a sediment control permit approved between July 1, 1991 and July 1, 1992 is subject to the requirements of Article II if the activity is not otherwise exempt and it will result in the cutting of an additional 5,000 square feet of forest.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-8. Utility lines.**

  (a)   General.

    (1)   Except as provided in paragraph (2) of this subsection, this Section applies to a proposed land disturbing activity requiring a sediment control permit for the construction, reconstruction, or replacement of public utility lines (except water and sewer lines) within a public right-of-way, public utility easement, or a public utility right-of-way owned by the utility.

    (2)   This Section does not apply if a public utility easement will be located on the property of a development subject to Article II of this Chapter. Satisfaction of the regulatory requirements of that Article applicable to activities on the easement is the responsibility of the owner of the property.

  (b)   Calculation Rules; Exemption.

    (1)   To determine the applicability of this Chapter under Section 22A-4 to proposed activities within a public right-of-way or public utility easement, the calculation of land area must be based on the limits of disturbance as shown on the sediment control permit.

    (2)   A public right-of-way, public utility easement, or privately owned utility right-of-way is considered to be exempt under Section 22A-5(o) if the proposed activity and any future stages of the work on the utility line will not result in the cumulative cutting, clearing, or grading of more than 20,000 square feet of forest or the cutting, clearing, or grading of any specimen or champion tree, or trees or forest that are subject to a previously approved forest conservation or tree save plan.  Any later stages of the work must be identified at the time of the initial sediment control permit application.

    (3)   If the exemption does not apply, afforestation or reforestation requirements must be calculated using the net tract area applicable to the entire proposed utility line without regard to project segments subject to a specific sediment control permit. The property boundaries of the privately owned utility right-of-way, public utility easement, or public right-of-way (to the extent of the utility work) must be used in calculating the area of the tract. The net tract area should reflect any reduction in land area that will continue to be used for agricultural activities.

Any requirement for mitigation for loss of any specimen or champion tree must be based on the size and character of the tree.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-9. County and Municipal Highway Projects.**

  (a)   General.

    (1)   This Section applies to construction of a highway by the County or a municipality as part of an approved Capital Improvements Program project.

    (2)   The construction should minimize forest removal, land disturbance, and loss of significant, specimen, or champion trees to the extent possible while balancing other design, construction, and environmental standards.  The constructing agency must make a reasonable effort to minimize land disturbance to avoid the cutting or clearing of trees and other woody plants.

  (b)   If the forest to be cut or cleared for a County highway project equals or exceeds 20,000 square feet, the constructing agency must reforest a suitable area at the rate of one acre of protected reforestation for each acre of forest cleared.

  (c)   Reforestation for County highway projects must meet the standards in subsections 22A-12(e), (g) and (h).

  (d)   Any mitigation requirement for loss of significant, specimen, or champion trees must be based on the size and character of the tree.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

### Article II. Forest Stand Delineations and Forest Conservation Plans.

**Sec. 22A-10. General.**

  (a)   Approval required. A person who is subject to this Article must submit a forest stand delineation and forest conservation plan for regulatory approval.

  (b)   Forest stand delineation.

    (1)   A forest stand delineation must be used during the preliminary review process to find the most suitable and practical areas for tree and forest conservation. A forest stand delineation must contain topographic, hydrographic, soils and geologic, and qualitative and quantitative information on trees and forest cover, and other information or requirements specified in the regulations or technical manual.

    (2)   A simplified forest stand delineation may replace the forest stand delineation required by paragraph (1) if:

      (A)   there is no forest on the site;

      (B)   no forest on the site would be cut, cleared, or graded for the proposed use, and all forest on the site would be subject to a long-term protective agreement; or

      (C)   the on-site forest is located on a portion of the tract which is exempt from this Article, such as areas remaining in agricultural use as part of a subdivision.

    (3)   The Planning Director may waive any requirement for information that is unnecessary for a specific site.

    (4)   An approved forest stand delineation is not valid after 2 years unless:

      (A)   a forest conservation plan or a plan under Section 22A-9 has been accepted as complete; or

      (B)   the delineation has been recertified by the preparer, which may occur within one year after the expiration date if the requirements of Section 22A.00.01.06.F, as amended, of the Forest Conservation – Trees Regulations are met.

    (5)   An approved forest stand delineation may not be amended. A new forest stand delineation must be submitted for review in order to make any changes.

  (c)   Forest conservation plan.

    (1)   A forest conservation plan is intended to govern conservation, maintenance, and any afforestation or reforestation requirements which apply to the site. A forest conservation plan must contain information on the extent and characteristics of the trees and forested area to be retained or planted, proposed locations for on-site and off-site reforestation, scheduling, protective measures, a binding maintenance agreement effective for at least 5 years, a binding agreement to protect forest conservation areas, and other information or requirements specified in the regulations or technical manual.

    (2)   A forest conservation plan may include protective measures designed to conserve significant and mature trees on adjacent property from adverse impacts that may be caused by the development or land disturbing activities proposed for the tract.

    (3)   A forest conservation plan may be reviewed in 2 stages with the submission of a preliminary and a final forest conservation plan as specified under Section 22A-11.

  (d)   Qualifications of preparer. The forest stand delineation and forest conservation plan must be prepared by a licensed forester, licensed landscape architect or other qualified professional approved by the Planning Director. In determining if a person is qualified, the person must meet all applicable requirements under the Code of Maryland Regulations, 08.19.06.01.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a) a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b) a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-11. Application, review, and approval procedures.**

  (a)   General.

    (1)   Application. The submission of a development plan, floating zone plan, project plan, sketch plan, subdivision plan, site plan, expedited approval plan, special exception, conditional use, mandatory referral, park development plan, or sediment control permit under this Section must include an approved forest stand delineation or a confirmed exemption from submitting a forest conservation plan under Section 22A-5.

    (2)   Coordinated with project review. The forest conservation plan must be submitted and reviewed in conjunction with the review process for a development plan, floating zone plan, project plan, subdivision plan, site plan, expedited approval plan, special exception, conditional use, mandatory referral, park development plan, or sediment control permit under this Section. The Planning Director must coordinate review of the forest conservation plan with the Director of Environmental Protection, the Director of Permitting Services, the Washington Suburban Sanitary Commission, other relevant regulatory agencies, and entities that will provide public utilities to the tract, to promote consistency between the objectives of this Chapter and other development requirements. To the extent practicable, entities providing public utilities should design facilities that will serve a tract in a manner that avoids identified conservation areas and minimizes tree loss.

    (3)   Modification of an approved plan. The Planning Director may approve modifications to an approved forest conservation plan that are consistent with this Chapter if:

      (A)   field inspections or other evaluation reveals minor inadequacies of the plan; or

      (B)   each modification is a minor amendment, as defined in Section 22A.00.01.13.A.1, as amended, of the Forest Conservation – Trees Regulations, and does not impact any forest in a priority area (such as substituting an on-site conservation area for an equal or greater on-site area of similar character, or substituting a marginal on-site conservation area for equal or greater amount of off-site priority area); or

      (C)   action is otherwise required in an emergency situation.

    Any other modification, including major amendments, must be approved by the agency that approved the forest conservation plan.

    (4)   Notice. Public posting and written notice of forest conservation plan applications must be provided by applicants as specified in Section 50/59.10.01.04, as amended, of the Administrative Procedures for Development Review..

  (b)   Project requiring development plan, floating zone plan, project plan, preliminary plan of subdivision, expedited approval plan, or site plan approval.

    (1)   Forest stand delineation. The applicant must submit to the Planning Director a forest stand delineation and the forest stand delineation must be approved before the applicant may submit an application for a development plan, floating zone plan, project plan, preliminary plan of subdivision, expedited approval plan, or site plan. Within 30 days of receipt, the Planning Director must notify the applicant whether the forest stand delineation is complete and correct. If the Planning Director fails to notify the applicant within 30 days, the delineation will be treated as complete and correct. The Planning Director may require further information or provide for one extension of this deadline for an additional 15 days for extenuating circumstances. The applicant must submit revised drawings to address comments within 90 days from the date the Planning Director sends comments to the applicant. If the applicant fails to submit revised drawings, the application is deemed withdrawn. The Planning Director may provide for one extension of this deadline for extenuating circumstances.

    (2)   Forest conservation plan.

      (A)   Application. After being notified that the forest stand delineation is complete and correct, the applicant must submit a forest conservation plan to the Planning Director with the related application for a development plan, floating zone plan, project plan, preliminary plan of subdivision, expedited approval plan, or site plan. If the development proposal will require more than one approval subject to this subsection, the applicant must submit a preliminary forest conservation plan to the Planning Director in conjunction with the first approval, and a final forest conservation plan in conjunction with the last approval; however, if multiple approvals subject to this subsection are submitted to the Planning Director for simultaneous review, the applicant need submit only a final forest conservation plan that will be considered for each relevant application. If only one approval subject to this subsection is required, an applicant must submit a final forest conservation plan at the time of the development application. The applicant must own the property subject to the forest conservation plan or be authorized by the owner to file the application.

      (B)   Review. Within 45 days from receipt of a final forest conservation plan, including a plan that is not reviewed in 2 stages, the Planning Director must notify the applicant whether the forest conservation plan is complete and approved for submission to the Planning Board as part of the development application. If the applicant is not notified within 45 days, the plan will be treated as complete and approved for submission. The Planning Director may require further information or provide for one extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the Director may extend this deadline further for extenuating circumstances.

      (C)   Approval. The Planning Board must review and act on the forest conservation plan concurrently with the development plan, floating zone plan, project plan, preliminary plan of subdivision, expedited approval plan, or site plan, as appropriate. Compliance with the preliminary forest conservation plan, when required and as amended by the Board, must be made a condition of any approval of the first applicable development application. Compliance with the final forest conservation plan, as amended by the Board, must be made a condition of any approval of the last development application. For a development plan or a floating zone plan, the Planning Board must approve the preliminary forest conservation plan. A final forest conservation plan must be approved by the Planning Board or Planning Director, as appropriate, before the Planning Board approves a record plat.

  (c)   Project requiring special exception or conditional use approval.

    (1)   Forest stand delineation. If a special exception or conditional use proposal is subject to the requirements of this Chapter, the applicant must submit a forest stand delineation to the Planning Director before the Board of Appeals may consider the application for the special exception. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

    (2)   Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director. The Board of Appeals must consider the preliminary forest conservation plan when approving the special exception or conditional use application and must not approve a special exception or conditional use application that conflicts with the preliminary forest conservation plan. A final forest conservation plan must be submitted before obtaining a sediment control permit, or at the time of preliminary plan of subdivision or site plan application, if required. The deadlines for reviewing a final forest conservation plan are the same as in paragraph (d)(2) of this Section.

  (d)   Project requiring a sediment control permit only.

    (1)   Forest stand delineation. If an application for a sediment control permit might be subject to the requirements of this Chapter, the applicable sediment control permit issuing authority must direct the applicant to the Planning Director for a determination. If the Planning Director finds the sediment control permit application to be subject to this Chapter, the applicant must submit a forest stand delineation to the Planning Director for review. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

    (2)   Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit to the Planning Director a forest conservation plan. Within 45 days from receipt of the forest conservation plan, the Planning Director must notify the applicant if the forest conservation plan is complete and approved. If the applicant is not notified within 45 days, the plan will be treated as complete and approved. The Director may require further information or provide for an extension of this deadline for an additional 15 days for extenuating circumstances. In addition, at the request of the applicant, the Director may extend this deadline further for extenuating circumstances.

    (3)   Issuance of sediment control permit. A sediment control permit must not be issued to a person who must comply with this Article until a final forest conservation plan, if required, is approved.

  (e)   Project requiring mandatory referral or park development plan.

    (1)   Forest stand delineation. A person seeking mandatory referral or a park development plan for a project that is subject to the requirements of this Chapter must first submit a forest stand delineation to the Planning Director for review. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

    (2)   Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit to the Planning Director a final forest conservation plan. The Planning Board must consider the final forest conservation plan when reviewing the mandatory referral application or the park development plan.

    (3)   Issuance of a sediment control permit. Issuance of a sediment control permit is subject to the conditions specified in paragraph (d)(3) of this Section.

  (f)   Project requiring sketch plan approval.

    (1)   Forest stand delineation. For any sketch plan application filed on or after November 14, 2017, the applicant must submit to the Planning Director, for approval, a forest stand delineation before the sketch plan application. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

    (2)   Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director with the first development application after approval of the sketch plan. The deadlines for reviewing a preliminary and final forest conservation plan are the same as in paragraphs (b)(2)(B) and (b)(2)(C) of this Section.

  (g)   Project requiring administrative subdivision approval.

    (1)   Forest stand delineation. The applicant must submit to the Planning Director a forest stand delineation before the administrative subdivision application. The deadlines for reviewing a forest stand delineation are the same as in paragraphs (a)(1) and (b)(1) of this Section.

    (2)   Forest conservation plan. Upon notification that the forest stand delineation is complete and correct, the applicant must submit a preliminary forest conservation plan to the Planning Director. The Planning Director must consider the preliminary forest conservation plan when approving the administrative subdivision application and must not approve an administrative subdivision application that conflicts with the preliminary forest conservation plan. A final forest conservation plan must be submitted and approved before obtaining a sediment control permit or record plat, whichever comes first. The deadlines for reviewing a final forest conservation plan are the same as in paragraph (d)(2) of this Section. If the Director defers the approval of an administrative subdivision to the Planning Board, the Planning Board must review and act on the preliminary forest conservation plan with the administrative subdivision plan. The deadlines for reviewing a final forest conservation are the same as in paragraph (b)(2)(C) of this Section.

**Sec. 22A-12. Retention, afforestation, and reforestation requirements.**

  (a)   Table.

Forest Conservation Threshold and Required Afforestation as a Percentage of Net Tract Area
Land Use Category | Forest Conservation Threshold | Required Afforestation

  (b)   Retention.

    (1)   The primary objective of the forest conservation plan should be to retain existing forest and trees and avoid reforestation in accordance with this Chapter. The forest conservation plan must retain certain vegetation and specific areas in an undisturbed condition unless the Planning Director finds that:

      (A)   the development would make maximum use of any available planning and zoning options that would result in the greatest possible forest retention;

      (B)   reasonable efforts have been made to protect the specific areas and vegetation listed in the plan; and

      (C)   the development proposal cannot be reasonably altered.

    (2)   In general, areas protected under this subsection include:

      (A)   floodplains, stream buffers, steep slopes, and critical habitats;

      (B)   contiguous forests;

      (C)   forests suitable for forest interior-dwelling species;

      (D)   forest located in a Tier II or Tier III high quality watershed as identified by the Maryland Department of Environment;

      (E)   forest located in a water resource protection zone, a reservoir watershed, or a wellhead protection area;

      (F)   forests in urban areas as defined in Section 5-1607(c)(vi) of the Natural Resources Article of the Maryland Code;

      (G)   rare, threatened, and endangered species;

      (H)   trees connected to a historic site;

      (I)   champion trees and other exceptionally large trees; and

      (J)   areas designated as priority save areas in a master plan or functional plan.

    (3)   The following trees, shrubs, plants, and specific areas are priority for retention and protection and must be left in an undisturbed condition unless the Planning Board or Planning Director, as appropriate, finds that the applicant qualifies for a variance under Section 22A-21:

      (A)   Any tree, shrub, or plant that is rare, threatened, or endangered under:

        (i)   the Federal Endangered Species Act of 1973 in 16 U.S.C. Sections 1531 — 1544 and in 50 CFR 17;

        (ii)   the Maryland Nongame and Endangered Species Conservation Act, Title 10, Subtitle 2A of the Natural Resources Article of the Maryland Code; or

        (iii)   COMAR 08.03.08;

      (B)   Any tree that is:

        (i)   one inch in caliper or larger and part of a historic site or located within a historic district;

        (ii)   associated with a historic structure; or

        (iii)   designated by the State or County as a national, State, or County champion tree;

      (C)   Any tree with a diameter, measured at 4.5 feet above the ground, of:

        (i)   30 inches or more; or

        (ii)   75 percent or more of the diameter, measured at 4.5 feet above ground, of the current State champion tree of that species; or

      (D)   Any forest in a floodplain or stream buffer, except if the activity occurring within the floodplain or stream buffer is permitted under the environmental guidelines.

  (c)   Reforestation. The forest conservation plan must provide for reforestation as follows:

    (1)   For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area below the applicable forest conservation threshold, the area of forest removed must be reforested at a ratio of 2 acres planted for every one acre removed if reforestation is occurring within the same 8-digit watershed as the project or a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA); or 2 ½ acres planted for every one acre removed if reforestation is occurring within the County outside of the same 8-digit watershed and outside of a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA).

    (2)   For all existing forest cover measured to the nearest 1/10 acre cleared on the net tract area above the applicable forest conservation threshold, the area of forest removed must be reforested at a ratio of ½ acre planted for every one acre removed if reforestation is occurring within the same 8-digit watershed as the project or a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA); or 1 acre planted for every one acre removed if reforestation is occurring within the County outside of the same 8-digit watershed and outside of a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA).

    (3)   Each acre of forest retained on the net tract area above the applicable forest conservation threshold must be credited against the total number of acres required to be reforested.

    (4)   A regulated activity under this Chapter within the net tract area that occurs wholely or partly in areas regulated as nontidal wetlands is subject to both the nontidal wetland regulatory requirements and the requirements of this Chapter. However, any area of forest within the net tract area that is retained, including forest in nontidal wetlands, must be counted towards forest conservation requirements under this Chapter.

  (d)   Afforestation.

    (1)   A site with less than 20 percent of the net tract area in forest cover must be afforested in accordance with the required afforestation percentages shown on the table in subsection (a) of this Section.

    (2)   Afforestation must be accomplished by the planting of forest cover, unless if the applicant demonstrates to the satisfaction of the Planning Board or Planning Director, as the case may be, that afforestation using forest cover is inappropriate for a site because of its location in an urban setting, redevelopment context, high-density residential, commercial, industrial, planned unit development, or institutional area (as defined in Section 22A-3), or similar reason, in which case afforestation requirements may be satisfied by tree cover.

    (3)   Solar photovoltaic facilities may not be subject to afforestation requirements in this chapter. Solar photovoltaic facilities are subject to all other requirements in this chapter.

  (e)   Standards for reforestation and afforestation.

    (1)   General requirements.

      (A)   Preferred sequence. Except as provided in the technical manual or otherwise in paragraph (1) of this subsection, the preferred sequence for afforestation and reforestation is, in general: on-site afforestation or reforestation; off-site afforestation or reforestation; enhancement of existing forest through on-site selective clearing, supplemental planting, or both; acquiring credit(s) from an off-site forest mitigation bank; paying a fee in-lieu; and landscaping with an approved plan.

      (B)   Stream valley buffers. All unforested stream valley buffers on site must be afforested or reforested, except if the applicant demonstrates to the satisfaction of the Planning Board or Planning Director that:

        (i)   afforestation or reforestation in the stream valley buffer would be in conflict with allowable uses as established in the latest version of the environmental guidelines;

        (ii)   the stream valley buffer is located on park property stewarded by the Department of Parks, and the afforestation or reforestation would conflict with the mission and established stewardship practices of the Department of Parks; or

        (iii)   the stream valley buffer is not suitable to establish and retain required planting materials, in which case a substitute environmental protective measure must be implemented.

      All unforested stream valley buffers in a special protection area and stream valley buffers within the Patuxent Primary Management Area must be afforested as established in the latest version of the environmental guidelines.

      (C)   Governmental considerations. The sequence provided in subparagraph (A) of this paragraph may be modified for a specific project if the applicant demonstrates to the satisfaction of the Planning Board or the Planning Director, as the case may be, that a different sequence is necessary:

        (i)   to achieve the objectives of a master or sector plan or other County land use policies or to take advantage of opportunities to consolidate forest conservation efforts;

        (ii)   for public sites acquired or required to be dedicated before July 1, 1991, to ensure that the site can be used for its intended purpose without major design changes; or

        (iii)   for educational, recreational, and public safety facilities, to ensure that public safety is not compromised.

      (D)   Public utility considerations. The sequence provided in subparagraph (A) of this paragraph for public utility projects may be modified to reflect applicable electrical or other safety codes, or right-of-way constraints.

    (2)   Off-site afforestation and reforestation. If no opportunities for planting forest exist under Section 22A-12(e)(1)(A), off-site afforestation or reforestation may also include:

      (A)   forest mitigation banks designated in advance by the County;

      (B)   acquisition of an off-site protective easement for existing forested areas not currently protected in perpetuity, if the forest cover protected is 2 times the afforestation and reforestation requirements; or

      (C)   for sites located in existing population centers, use of street trees which meet landscape or streetscape goals identified in an applicable master plan.

    (3)   Priority areas and plantings. Afforestation and reforestation should be directed to stream buffer areas, environmental buffers, connections between and additions to forested areas, critical habitat areas and adjacent forest buffers, topographically unstable areas, and land use and road buffers. The use of native plant materials is preferred.

    (4)   Location requirements.

      (A)   Except as permitted under subparagraphs (B) and (C) of this paragraph, required reforestation or afforestation must occur in both the county and the 8-digit watershed in which the project is located.

      (B)   If the required reforestation or afforestation cannot be reasonably accomplished in the same county and 8-digit watershed in which the project is located, then the reforestation or afforestation must occur in a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA) in the same county in which the project is located.

      (C)   If the required reforestation or afforestation cannot be reasonably accomplished in a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA) in the same county in which the project is located, then the reforestation or afforestation may occur anywhere in the county in which the project is located.

    (5)   Deadline for plant installation. The afforestation and reforestation requirements under this subsection must be accomplished within one year or 2 growing seasons after a development project is complete.

    (6)   Planned Unit Developments; Other Staged Development. Notwithstanding any other provision of this Section, the Planning Board may allow any afforestation or reforestation requirement for a planned unit development to be calculated and satisfied within the total area covered by the development plan, floating zone plan, sketch plan, or project plan instead of the net tract area. Similarly, the Planning Board may allow any afforestation or reforestation requirement applicable to a staged development subject to a single preliminary plan of subdivision but with separate site plan reviews for each stage to be calculated and satisfied using the total area covered by the preliminary plan of subdivision.

  (f)   Special provisions for minimum retention, reforestation and afforestation.

    (1)   General.  Any site developed in an agricultural and resource area, any planned unit development, any site developed under a cluster or other optional method of development in a one-family residential zone, and any waiver from a zoning requirement for environmental reasons, must include a minimum amount of forest on-site as part of meeting its total forest conservation requirement.

    (2)   Retention, reforestation and afforestation.  Forest retention should be maximized where possible on each site listed in this subsection.  At a minimum, on-site forest retention, and in some cases reforestation and afforestation, must be required as follows:

      (A)   In an agricultural and resource area, on-site forest retention must equal 25 percent of the net tract area.

      (B)   In a planned development or a site development using a cluster or other optional method of development in a one-family residential zone, on-site forest retention must equal the applicable conservation threshold in subsection (a).  This requirement also applies to any site seeking a waiver or variance from base zone standards under Sections 59.4.4.5.D, 59.4.4.6.D,  59.4.4.7.C, 59.4.4.8.C, 59.4.4.9.C, 59.4.4.10.C, 59.8.3.2, 59.4.9.16.B, and 59.5.2 if as a condition of the waiver or variance the Planning Board or County Council must find that the resulting development is environmentally more desirable.

      (C)   On a site covered by this subsection, if existing forest is less than the minimum required retention, all existing forest must be retained and on-site afforestation up to the minimum standard must be provided.  If existing forest is less than the applicable afforestation threshold in subsection (a), the afforestation threshold is the minimum on-site forest requirement.

      (D)   If a site covered by this subsection is unforested, on-site afforestation must equal the applicable afforestation threshold.

    (3)   If the Planning Board or Planning Director, as appropriate, finds that forest retention required in this subsection is not possible, the applicant must provide the maximum possible on-site retention and must meet the balance of the remaining requirement through any combination of on-site or off-site reforestation or afforestation.

    (4)   Retention, reforestation, and afforestation must adhere to the priorities and sequence established in subsections (b) and (e).

  (g)   In lieu fee. A person contributing money to the forest conservation fund as an in lieu fee must do so at a rate specified by law or Council resolution, but not less than the rate required under Section 5-1610, as amended, of the Natural Resources Article of the Maryland Code. Any in lieu fee payment must be made before any land disturbing activity, as defined in Section 22A-3, occurs on a section of the tract subject to the forest conservation plan. A person may make an in lieu fee payment to the forest conservation fund only if the person satisfactorily demonstrates that:

    (1)

      (A)   the requirements for reforestation or afforestation on-site or off-site cannot reasonably be accomplished;

      (B)   appropriate credits generated by a forest mitigation bank in the same watershed within the County are not available;

      (C)   if appropriate credits generated by a forest mitigation bank in the same 8-digit watershed within the County are not available, appropriate credits generated by a forest mitigation bank in a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA) are not available; and

      (D)   if appropriate credits generated by a forest mitigation bank in the same 8-digit watershed, a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA) within the County are not available, appropriate credits generated by a forest mitigation bank in the County are not available; or

    (2)   the off-site reforestation and afforestation requirements are less than 0.5 acre, and the Planning Board or Planning Director, as appropriate, finds that:

      (A)   no on-site priority planting area is present; and

      (B)   no other appropriate on-site planting area is available.

  (h)   Agreements.

    (1)   Maintenance agreement. A forest conservation plan must include a 5-year binding agreement for maintenance of all planted forest conservation areas, including areas of afforestation, reforestation, as well as any required mitigation plantings. A forest conservation plan may require a 5-year binding agreement for maintenance of existing forest to be retained to ensure long-term health of forest stands. For park property with an approved mission and established stewardship practices including conservation and forest management plans, a maintenance agreement for existing forest is not required. A person subject to the binding agreement may request that the binding agreement be reduced to 3 years if the forest conservation inspector finds that the agreement has been fulfilled, unless the forest conservation plan is within a special protection area. If the forest conservation plan is within a special protection area, the binding maintenance agreement must be for a minimum of 5 years and may not be reduced. The binding maintenance agreement may include watering (as practical), feeding, non-native invasive plant control, and replanting of areas to be afforested or reforested. A maintenance agreement may also be required for non-native invasive plant control of forest edge or for control of non-native invasive species in adjacent areas that may impact forest conservation. The binding agreement for maintenance starts upon satisfactory inspection of the plantings or maintenance required under the forest conservation plan. A staged project may have more than one agreement.

    (2)   Long-term protective measures. A forest conservation plan must include appropriate measures for the protection of conservation areas; limitations on the use of these areas consistent with conservation and management practices; and legal instruments such as conservation easements, deed restrictions, covenants, and other agreements, as necessary.

  (i)   Financial Security.

    (1)   Security required. Except as provided in paragraph (8) of this subsection, an approved financial security instrument must be required to ensure:

      (A)   compliance with all requirements of an approved forest conservation plan including afforestation, reforestation, mitigation trees, and maintenance; or

      (B)   full payment of funds to be paid instead of afforestation or reforestation, if required under subsection (g).

    (2)   Preferred form. The preferred financial security instruments are an irrevocable letter of credit or a cash bond for a minimum of 5 years that may be reduced to 3 years upon request by the person subject to the binding maintenance agreement if the forest conservation inspector finds that the binding maintenance agreement has been fulfilled, unless the forest conservation plan is within a special protection area. If the forest conservation plan is within a special protection area, the financial security must be for a minimum of 5 years and may not be reduced. The letter of credit must expressly state that the total sum is guaranteed to be available and payable on demand directly to the Maryland-National Capital Park and Planning Commission in the event of forfeiture. A certificate of guarantee or a surety bond may also be used, including a bond payable to the Commission and County that additionally guarantees completion of public improvements associated with the proposed development. The financial security instrument must be made payable to the Commission and must be of a form and content satisfactory to the Commission and its legal counsel.

    (3)   When required. The financial security instrument must be provided prior to any land disturbing activity, as defined in Section 22A-3, occurring on a section of the tract subject to the forest conservation plan.

    (4)   Amount required.

      (A)   If financial security is required under subparagraph (1)(A), the security instrument must be in an amount equal to the estimated cost of afforestation, reforestation, and maintenance applicable to the section of the tract subject to the land disturbing activity. If the applicant sells an individual lot before providing the required financial security, the Planning Director may allow the new lot owner to provide a financial security that applies to the requirements specific to the development of that lot. The instrument must include a provision for adjusting the amount based on actual costs. The financial security instrument must be submitted to the Planning Director before any land disturbing activity occurs on the tract. The Planning Director must notify the obligee of any proposed adjustment and provide the opportunity for an informal conference.

      (B)   If the financial security is required under subparagraph (1)(B) of this subsection, the security instrument must be in an amount equal to the in lieu payment.

    (5)   Release. The financial security instrument must be in effect until all requirements have been fulfilled to the satisfaction of the Planning Director. The instrument may provide for the partial release or return of the instrument based on successful implementation of phases of the forest conservation plan.

    (6)   Events of forfeiture. The financial security instrument may be subject to forfeiture on:

      (A)   failure of the obligee to perform the work under the forest conservation plan in accordance with the required schedule; or

      (B)   failure of the obligee to pay a required in lieu fee in a timely manner.

    (7)   Forfeiture proceedings.

      (A)   The Planning Director must notify the obligee, by certified mail, of the intention of the Commission to initiate forfeiture proceedings.

      (B)   The obligee has 30 days from the receipt of the notice of forfeiture to show cause why the financial security should not be forfeited.

      (C)   If the obligee fails to show cause, the financial security instrument must be forfeited.

    (8)   Exception. This subsection does not apply to governmental entities.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a)   a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b)   a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Secs. 22A-13. Forest mitigation banks.**

  (a)   Creating a forest mitigation bank. A person may create a forest mitigation bank from which applicants may buy credits.

  (b)   The area of land included in the bank must be at least one acre.

  (c)   A forest mitigation bank must have native plants.

  (d)   A person proposing to create a forest mitigation bank must submit a plan to the Planning Director for review and approval.

  (e)   The forest mitigation bank plan must include:

    (1)   a maintenance agreement which meets the standards in subsection 22A-12(h)(1);

    (2)   all information required by subsection 22A-10(c) for a forest conservation plan;

    (3)   draft easements, covenants, or deed restrictions for the area included in the forest mitigation bank; and

    (4)   the number of forest mitigation bank credits available for sale as either:

      (A)   existing forest credits, where one acre of forest mitigation bank credit equals 2 acres of existing forest; or

      (B)   planted forest credits, where one acre of forest mitigation bank credit equals one acre of planted forest.

  (f)   Forest mitigation banks must be established in priority areas described in subsection 22A-12(e)(3), or in areas identified in a master plan or functional plan.

  (g)   Purchasing and selling forest mitigation bank credits.

    (1)   Before selling forest mitigation bank credits:

      (A)   the forest mitigation bank plan must be approved by the Planning Director; and

      (B)   easements, covenants, or deed restrictions which assure the area of land within the mitigation bank remains a forest in perpetuity must be conveyed to the Planning Board or its assignee, and the applicant must show that credits are available and the applicant has the right to debit them.

    (2)   Credits must not be debited from a portion of a forest mitigation bank where forest planting is required until:

      (A)   all trees have been planted and accepted by the Planning Director; and

      (B)   either a financial security which meets the standards in subsection 22A-12(i) has been provided, or the Planning Director has found that a sufficient number of trees have successfully survived for 2 years after planting.

    (3)   Credits may only be debited from forest mitigation banks that protect all or part of an existing forest to meet up to 50 percent of the afforestation or reforestation requirement.

    (4)   Forest mitigation bank credits must be acquired from a forest mitigation bank within the same 8-digit watershed, as delineated by the State of Maryland, where the development activity is located. If forest mitigation bank credits are not available within the same 8-digit watershed within the County, applicants must acquire forest mitigation bank credits from a forest mitigation bank within a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA). If forest mitigation bank credits are not available within a priority 8-digit watershed, special protection area, or the Patuxent Primary Management Area (PMA), applicants may acquire forest mitigation bank credits from any approved forest mitigation bank within the County.

    (5)   The forest mitigation bank credits acquired must be equal to the applicant’s off-site reforestation or afforestation requirements under the approved forest conservation plan.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a)    a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b)    a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

### Article III. Enforcement, Appeals, and Variances.

**Sec. 22A-15. Inspections and notification.**

  (a)    Permission to gain access. Representatives authorized by the Planning Director may enter properties subject to this Chapter for the purpose of inspection, review, and enforcement.

  (b)    Plan to be on site; field markings. A copy of the approved forest conservation plan, tree save plan, or confirmed forest conservation exemption, as applicable, must be available on the site for inspection by representatives authorized by the Planning Director. Field markings must exist on site before and during installation of all protective devices, construction, or other land disturbing activities.

  (c)    Required inspections.

    (1)   The Planning Department must conduct the 7 field inspections specified in this subsection at each site.

    (2)   The Planning Director must inspect each site that is subject to an approved forest conservation plan:

      (A)   after the limits of disturbance have been staked and flagged, but before any clearing or grading begins;

      (B)   after necessary stress reduction measures have been completed and the protection measures have been installed, but before any clearing or grading begins;

      (C)   after all construction activities are completed, to determine the level of compliance with the approved plan;

      (D)   before any required reforestation and afforestation planting is started;

      (E)   after required reforestation and afforestation have been completed, to verify the planting is acceptable and begin the maintenance and management period;

      (F)   2 years after reforestation and afforestation have been completed, to determine survival and assess necessary maintenance activities for the remaining duration of the maintenance and management period; and

      (G)   at the end of the maintenance and management period, to determine the level of compliance with the planting plan and, if appropriate, authorize release of financial security.

    (3)   The Planning Director must conduct inspections under subparagraphs (A) through (C) of paragraph (2) of this subsection for a confirmed exemption from submitting a forest conservation plan.

    (4)   The Planning Director must conduct inspections under subparagraphs (A) through (G) of paragraph (2) of this subsection for a plan approved under Section 22A-9.

  (d)    Other inspections. The Planning Director may authorize additional inspections or meetings as necessary to administer this Chapter, including an inspection to confirm a natural resource inventory and forest stand delineation.

  (e)    Scheduling requirements for forest conservation and tree save plan inspections.  A person must request an inspection by the Planning Director at least 7 days before the required date of the inspection under subsection (c).

  (f)   Coordination.  The Planning Department must coordinate its inspections, and any pre-construction conferences, with the Department of Permitting Services to avoid inconsistent activities relating to the forest conservation plan and sediment control reviews.

**Sec. 22A-16. Penalties and other remedies.**

  (a)    Class A violation. Any violation of this Chapter or any regulations adopted under it is a Class A civil violation. The maximum civil fine is $1,000. Each day a violation continues may be treated as a separate violation under this Chapter.

  (b) 
									   Enforcement authority.
									 The Planning Board has primary enforcement authority under this Chapter. The Board’s enforcement authority includes holding enforcement hearings, imposing administrative civil penalties, ordering corrective actions, ordering the payment of civil fines, ordering compliance with corrective action orders, and any other action authorized by law. The Planning Director may initiate an administrative enforcement action under this Article.

  (c) 
									   Civil actions.
									 The Board may bring any civil action authorized by law that the County may bring under Section 1-18, 1-19, or 1-20 to enforce this Chapter or any regulation adopted under it. The Board may also bring a civil action to enforce:

    (1)   a forest conservation plan and any associated agreement or restriction, including any easement; or

    (2)   an administrative order.

    These remedies are in addition to any remedy that the Board or the County may initiate under state or County law to enforce the terms of a regulatory approval which incorporates a forest conservation plan.

  (d) 
									   Administrative civil penalty.

    (1)   In addition to any other remedy under this Article, a person who violates this Chapter, any regulation adopted under it, a forest conservation plan, or any associated agreement or restriction, including any easement, is liable for an administrative civil penalty imposed by the Planning Board. This administrative civil penalty must not exceed the rate set by the County Council by law or resolution, except as provided in paragraph (3), but must not be less than the amount specified in Section 5-1608(c) of the Natural Resources Article of the Maryland Code. Each day a violation is not corrected is a separate violation.

    (2)   In determining the amount of the administrative civil penalty, or the extent of an administrative order issued by the Planning Director under Section 22A-17, the Planning Board or Planning Director must consider:

      (A)   the willfulness of the violations;

      (B)   the damage or injury to tree resources;

      (C)   the cost of corrective action or restoration;

      (D)   any adverse impact on water quality;

      (E)   the extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator;

      (F)   any economic benefit that accrued to the violator or any other person as a result of the violation; and

      (G)   any other relevant factors.

    The Board or Director may treat any forest clearing in a stream buffer, wetland, or special protection area as creating a rebuttable presumption that the clearing had an adverse impact on water quality.

    (3)   In addition to any amount set under paragraph (1), an administrative civil penalty imposed under this Section may also include an amount that equals the fair market value of any conservation easement needed to enforce any mitigation or restoration requirement under this Chapter in the area of the violation.  The Planning Board may specify the acceptable methods of calculating the fair market value of a conservation easement by a regulation adopted under Section 22A-26(a).

    (4)   The Planning Board must include the reasons for imposing an administrative civil penalty in its resolution adopting the administrative order.

  (e)    Enforcement Notices.  The Planning Director may issue one or more of the following notices to enforce any provision of this Chapter.  The issuance of a notice under this subsection does not require the previous issuance of any other notice.

    (1)   Notice of Violation.

      (A)   The Director may issue a notice of violation to a person who the Director believes has violated or is violating this Chapter.  The Director must retain a copy of each notice.

      (B)   A notice of violation issued under this Article must be served on the alleged violator personally, on the alleged violator’s agent at the activity site, or by certified mail to the alleged violator’s last known address.

      (C)   The notice of violation must contain at least the following information:

        (i)   the name and address of the person charged with a violation;

        (ii)   the nature of the violation;

        (iii)   the place where and the approximate date when the violation occurred;

        (iv)   a statement advising the recipient of the corrective or remedial action to be taken, which may include a meeting with Planning staff to develop a compliance plan, and the date by which any corrective or remedial action must be completed; and

        (v)   a statement advising the recipient of the right to a hearing before the Planning Board or the Board’s designee.

    (2)   Administrative Citation.

      (A)   The Director may issue an administrative citation to a person who the Director believes has violated or is violating this Chapter.  The Director may use any citation consistent with this Section, including the State of Maryland Uniform Civil Citation form.  The Director must certify the truth of the allegations in the citation.  The Director must retain a copy of each citation.

      (B)   An administrative citation issued under this Article must be served on the alleged violator personally, on the alleged violator’s agent at the activity site, or by certified mail to the alleged violator’s last known address.

      (C)   The administrative citation must contain at least the following information:

        (i)   the name and address of the person charged with a violation;

        (ii)   the nature of the violation;

        (iii)   the place where and the approximate date when the violation occurred;

        (iv)   the amount of the fine assessed;

        (v)   how, when, where, and to whom the fine may be paid; and

        (vi)   a statement advising the recipient of the right to a hearing before the Planning Board or the Board’s designee.

    (3)   Notice of Hearing.

      (A)   The Director may issue an administrative notice which informs an alleged violator of an enforcement hearing to be held by the Planning Board or the Board’s designee to address an alleged violation.

      (B)   A notice of hearing issued under this Article must be served on the alleged violator personally, on the alleged violator’s agent at the activity site, or by certified mail to the alleged violator’s last known address.

      (C)   The notice of hearing must contain at least the following information:

        (i)   the name and address of the person charged with a violation;

        (ii)   the nature of the violation;

        (iii)   the place where and the approximate date when the violation occurred; and

        (iv)   a statement advising the recipient of the date, time, and location of the hearing.

  (f)   Fund. Money collected under this Section must be deposited into the forest conservation fund.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a)    a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b)    a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-17. Corrective actions.**

  (a)    Administrative order. At any time, including during an enforcement action, the Planning Director may issue an administrative order requiring the violator to take one or more of the following actions within a certain time period specified by the Planning Director:

    (1)   stop the violation;

    (2)   stabilize the site to comply with a reforestation plan;

    (3)   stop all work at the site;

    (4)   restore or reforest unlawfully cleared areas;

    (5)   submit a restoration plan or forest conservation plan for the property;

    (6)   place forested or reforested land under long-term protection by a conservation easement, deed restriction, covenant, or other appropriate legal instrument; or

    (7)   submit a written report or plan concerning the violation.

  (b)    Effectiveness of order. An order issued under this Section is effective according to its terms, when it is served.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a)    a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b)    a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-18. Plan suspension and revocation.**

  Grounds for action. After notice to the violator and opportunity for a hearing has been provided under Section 22A-20(d), the Planning Board may suspend or revoke a forest conservation plan if it determines that any of the following has occurred:

  (a)   failure of a violator to post or maintain the financial security instrument required under Subsection 22A-12;

  (b)   failure to comply with the requirements of an administrative action or order issued under this Chapter;

  (c)   misrepresentation in the application process or failure to disclose a relevant or material fact; or

  (d)   violation of a requirement of a forest conservation plan or associated legal instrument.

**Sec. 22A-19. Noncompliance with conditions of exemption.**

  (a)    Determination of noncompliance. A person who receives an exemption subject to a declaration of intent or for commercial logging and timber harvesting operations is in noncompliance if:

    (1)   within 5 years, an application for a development or other approval regulated by this Chapter is submitted for the tract or lot covered by the exemption; or

    (2)   the person otherwise violates this Chapter or the declaration of intent.

  (b)    Penalties for noncompliance. In addition to any other remedy under this Chapter, the Planning Board may require a person in noncompliance to:

    (1)   prepare, submit, and implement a forest conservation plan;

    (2)   pay an administrative civil penalty under Section 22A-16(d) for the area of forest cut or cleared under the exemption; or

    (3)   both.

**Sec. 22A-20. Hearings and appeals.**

  (a)    General. Except as provided under subsections (c) and (d) of this Section, the requirements for notice, public hearing, and administrative decision-making for the associated development approval must be followed when reviewing a forest stand delineation or forest conservation plan.

  (b) 
									   Forest conservation plans and variances approved by the Planning Board.
									  A person aggrieved by the decision of the Planning Board on the approval, denial, or modification of a forest conservation plan (including a request for a variance) may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

  (c)    Forest stand delineations, exemptions from Article II, and forest conservation plans reviewed by the Planning Director.

    (1)   Appeal to Planning Board.  After the Planning Director issues a written decision on a natural resource inventory/forest stand delineation, exemption from Article II, or forest conservation plan, an applicant may appeal the decision to the Planning Board within 30 days.

    (2)   Hearing; decision. The Planning Board must hold a de novo hearing on the appeal. The Board must adopt a written resolution explaining its decision. For purposes of judicial review, the decision of the Planning Board is the final agency action.

    (3)   Appeal.  After receiving the Planning Board’s decision, an applicant may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

  (d)    Administrative enforcement process.

    (1)   Notice. A citation, notice of violation, or other administrative notice issued by the Planning Director under Section 22A-16(e) or an order issued under Section 22A-17 must give the recipient the right to request, within 15 days after receiving the notice, a hearing before the Planning Board or the Board’s designee.

    (2)   Hearing.

      (A)   If the recipient of a notice or order requests an opportunity for a hearing, the Board or its designee must promptly schedule a hearing unless the recipient consents to a delay. The filing of a request for a hearing does not stay an administrative order to stop work, stabilized a site, or stop a violation.

      (B)   If the Planning Board or the Board’s designee holds a hearing under this Article, the Board or its designee must issue a notice of the hearing date.

      (C)   The Planning Board may designate a hearing officer, including a Hearing Examiner from the Office of Zoning and Administrative Hearings, to conduct a hearing and submit a report and recommendation on any alleged violation of this Chapter.  The hearing officer must submit the required report and recommendation to the Board not later than 30 days after the hearing record closes.  The hearing officer may extend the time to file the report by notifying all parties.

    (3)   Decision. The Planning Board must inform the recipient in writing of its decision on an administrative enforcement action. The Board's decision is the final agency action for all purposes.

    (4)   Appeal. After receiving the Planning Board’s decision, an aggrieved person may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

**Sec. 22A-21. Variance.**

  (a)    Written request. An applicant may request in writing a variance from this Chapter or any regulation adopted under it if the applicant shows that enforcement would result in unwarranted hardship. A request for a variance suspends the time requirements in Section 22A-11 until the Planning Board or Planning Director acts on the request.

  (b)    Application requirements. An applicant for a variance must:

    (1)   describe the special conditions peculiar to the property or other conditions which would cause the unwarranted hardship;

    (2)   describe how enforcement of this Chapter will deprive the landowner of rights commonly enjoyed by others in similar areas;

    (3)   verify that State water quality standards will not be violated and that a measurable degradation in water quality will not occur as a result of granting the variance; and

    (4)   provide any other information appropriate to support the request.

  (c)   Referral to other agencies.

    (1)   The Planning Director must send a copy of each variance request related to Section 22A-12(b)(3)(A) or (B) to the County Arborist and any other appropriate agency for a written recommendation before the Board acts on the request.

    (2)   The Planning Director may send a copy of each variance request related to Section 22A-12(b)(3)(C) to the County Arborist and any other appropriate agency for a written recommendation before the Board acts on the request.

    (3)   If a recommendation on the variance is not submitted to the Planning Board, or Planning Director, as appropriate, within 10 days after the referral, the recommendation must be presumed to be favorable.

  (d)    Minimum criteria. A variance may only be granted if it meets the criteria in subsection (a).  However, a variance must not be granted if granting the request:

    (1)   will confer on the applicant a special privilege that would be denied to other applicants;

    (2)   is based on conditions or circumstances which result from the actions by the applicant;

    (3)   is based on a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; or

    (4)   will violate State water quality standards or cause measurable degradation in water quality.

  (e)   If the applicant is granted a variance to remove any of the subject trees listed as priority for retention in Section 22A-12(b)(3), the applicant must replant mitigation trees at a minimum ratio of 1 caliper inch replaced for every 4 inches of trunk diameter removed, measured at 4.5 feet above the ground, regardless of whether those trees are within or outside of forest area, in addition to any reforestation, afforestation, or landscape credit requirements. Mitigation for trees that are part of an historic site or associated with an historic structure is only required for the removal of trees located outside of forest.

  (f)   If the applicant is granted a variance in connection with disturbance of forest in a floodplain or stream buffer under Section 22A-12(b)(3)(D), the applicant must reforest at a minimum ratio of:

    (1)   2:1, if the reforestation is occurring within the same 8-digit watershed as the project or a priority 8-digit watershed under Section 22A-12(c); or

    (2)   2 ½:1, if the reforestation is occurring within the County outside of the same 8-digit watershed and outside of a priority 8-digit watershed under Section 22A-12(c).

  (g)   Approval procedures; conditions. The Planning Board must find that the applicant has met all requirements of this Section before granting a variance. However, the Planning Director may grant a variance if the Director is authorized to approve the forest conservation plan and the applicant meets all requirements of this Section.  The Board or Director may impose appropriate conditions to promote the objectives of this Chapter and protect the public interest.

  (h)   Notice to State Department of Natural Resources; right to initiate or intervene in proceedings.

    (1)   Notice of a pending variance request must be given to the Department of Natural Resources within 15 days of receipt of a request for a variance.

    (2)   The Department of Natural Resources may initiate or intervene in an administrative, judicial or other original proceeding or appeal in the State concerning an approval of a variance.

**Secs. 22A-22--22A-25. Reserved.**

### Article IV. Administration.

**Sec. 22A-26. Regulations.**

  (a)    Adoption. The Planning Board must adopt regulations, including necessary procedures, to administer this Chapter. In adopting the regulations, the Board must follow the adoption procedures for a Method (2) regulation under Section 2A-15 and any requirements applicable under State law. However, a proposed regulation of a procedural nature or that would implement changes in State law or regulation, may be adopted under Method (3) if it is consistent with this Chapter. The regulations must include procedures to amend a forest conservation plan and a declaration of intent.

  (b)    Technical manual. The technical manual must include guidance and methodologies for:

    (1)   preparing and evaluating a forest stand delineation and natural resource inventory;

    (2)   preparing and evaluating a forest conservation plan, including priorities for forest retention, reforestation, and afforestation, and a recommended tree species list;

    (3)   providing forest or tree protective measures during and after clearing or construction, including planting, tree relocation, and maintenance;

    (4)   monitoring and enforcement of forest conservation plans; and

    (5)   other appropriate guidance for program requirements consistent with this Chapter and the regulations.

  (c)    Development agreements; Conservation easements. The Planning Board may in the regulations require developer agreements, conservation easements, land trusts, covenants, and deed restrictions as part of an approved forest conservation plan.

  (d)    Administrative fee. The Planning Board must charge a fee to cover at least partially the costs of administering this Chapter, including review of submittals and field inspections. The fee schedule must be set by the Planning Board as part of the development application process. Different fees may be set based on the size of the tract or other relevant factors.

  (e)    Additional regulations. Notwithstanding any other provision of this Chapter, the Planning Board may, by regulation adopted under Method (3), require preapplication submissions for a forest stand delineation and allow modified application submissions or procedures for development projects of a minor scale or public utility projects.

  (f)    Reports. The Planning Board must make all reports on the County forest conservation program to the General Assembly and State Department of Natural Resources that are required under State law or regulation. The reports should be reviewed by the County Arborist for comment, and copies of all final reports must be transmitted to the County Council and County Executive.

  (g)    List of Off-Site Property for Mitigation. The Planning Director should develop and maintain a list of properties that may be suitable for off-site mitigation required under forest conservation plans. The Planning Director should develop the list in coordination with the County Arborist, the Department of Environmental Protection, the Department of Transportation, the Department of General Services, the Department of Economic Development, the Soil Conservation District, and other appropriate agencies.

  (h)    Sediment Control Permit Applications. The Planning Director and the Director of the Department of Environmental Protection should develop administrative procedures to prevent, to the extent possible, circumvention of this Chapter by a person who obtains a sediment control permit for land disturbing activities on less that 40,000 sq. ft. of land and who later seeks preliminary plan of subdivision approval for the same land. These procedures may include requiring an applicant for a sediment control permit to submit a declaration of intent enforceable under Section 22A-19.

  (a)    a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b)    a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Sec. 22A-27. Forest Conservation Fund.**

  There is a County Forest Conservation Fund. Money deposited into the Fund must be used in accordance with the adopted County budget and this Section:

  (a)   In lieu fees. Money deposited in the Forest Conservation Fund must be spent on the reforestation and afforestation for which the money is deposited, including costs directly related to site identification, acquisition, design, preparation, or maintenance of existing forests, and achieving urban canopy goals, and must not revert to the General Fund.  The permanent preservation of priority forests, including identification and acquisition of a site, may be substituted for reforestation and afforestation at a rate of 2 acres of forest preservation for each acre of planting required.  Funds remaining after all reforestation and afforestation requirements are satisfied may be spent on any other tree conservation activity, including street tree planting.

  (b)   Penalties. Money collected for noncompliance with a forest conservation plan or the associated 5-year maintenance agreement must be deposited in a separate account in the forest conservation fund. Money deposited in this fund may be used to administer this Chapter.

  Transition. Any amendment to Chapter 22A, inserted by Section 1 of this Act, does not apply to:

  (a)    a preliminary or final forest conservation plan approved before this Act took effect [November 5, 2001], or

  (b)    a county highway project individually listed in the County Capital Improvements Program and submitted to the Planning Board under mandatory referral review before this Act took effect [November 5, 2001].

**Secs. 22A-28, 22A-29. Reserved.**

### Article V. County Arborist.

**Sec. 22A-30. County Arborist.**

  (a)   Appointment. The Director of the Department of Environmental Protection must appoint a person to serve as County Arborist. The County Arborist functions within the Department of Environmental Protection.

  (b)   Qualifications. The County Arborist must have relevant experience and an advanced degree in horticulture, forestry, forest ecology, plant pathology, landscape architecture, or other related field, or an equivalent combination of education and experience. The County Arborist should be licensed as a tree expert under State law.

  (c)   Duties. The County Arborist has the following functions related to resource management and protection of forest and trees in the County:

    (1)   develop a comprehensive County conservation and management strategy, including programs designed to promote afforestation and reforestation in the County, and the survival of historic trees and any endangered tree species;

    (2)   advise the County Executive and County Council on the effectiveness of County programs for controlling tree pests and diseases;

    (3)   review and approve proposed commercial logging and timber harvesting operations under Article II;

    (4)   review variance requests and reports under Article II;

    (5)   provide liaison with citizens and businesses on forest and tree conservation issues and develop appropriate mechanisms for public input on conservation strategies; and

    (6)   any other duties required by law or assigned by the County Executive.

**Sec. 22A-31. Forest Conservation Advisory Committee.**

  (a)   Definition.  In this section “Committee” means the Forest Conservation Advisory Committee.

  (b)   Established.  The County Executive must appoint, subject to confirmation by the County Council, a Forest Conservation Advisory Committee.

  (c)   Composition and terms of members.

    (1)   The Committee has 9 public members.  The public members should include:

      (A)   landscape architects;

      (B)   arborists and urban foresters;

      (C)   horticulturists and representatives from the nursery industry;

      (D)   persons directly engaged in agriculture;

      (E)   persons directly involved in the building industry;

      (F)   members of citizen groups;

      (G)   members of environmental and conservation organizations;

      (H)   representatives of public utility companies; and

      (I)   persons who own a forest stand of at least 2 acres.

    (2)   The Executive must designate a staff member from each of the following departments to serve as an ex officio member:

      (A)   Agricultural Services;

      (B)   Environmental Protection;

      (C)   Transportation; and

      (D)   Permitting Services.

    (3)   The Executive must invite a representative from each of the following agencies to serve as an ex officio member:

      (A)   the County Planning Board; and

      (B)   the Washington Suburban Sanitary Commission.

    (4)   The term of each member is 3 years and expires on December 31.  After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

  (d)   Voting, officers, meetings, and compensation.

    (1)   All members of the Committee are voting members.

    (2)   Each January, the Executive may designate a chair and vice-chair from among the Committee’s public members to serve a 1-year term.  If the County Executive does not designate a chair or vice-chair by February 15, the Committee members must select a chair and vice-chair.

    (3)   The Committee meets at the call of the Chair.  The Committee must meet as often as necessary to perform its duties, but not less than 6 times each year.

    (4)   A member must serve without compensation.  However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (e)   Duties.  The Committee must:

    (1)   advise the Executive, Council, Planning Board, and any other relevant agency, on forestry policy issues;

    (2)   propose to the Executive, Council, Planning Board, and any other relevant agency, proactive forestry policies, laws, and guidelines;

    (3)   recommend a comprehensive approach to urban forestry;

    (4)   advise on a tree inventory;

    (5)   review and comment on policies and programs related to forestry;

    (6)   promote and seek funding for a sustained forestry program;

    (7)   promote and foster a strong sense of community through urban forestry;

    (8)   communicate with other boards, agencies, and community residents about forestry issues; and

    (9)   promote volunteerism and act as a general information resource.

  (f)   Annual Report.  By October 1 each year, the Committee must submit to the Executive, Council, Planning Board, and any other relevant agency, an annual report on its functions, activities, accomplishments, and plans and objectives.

  (g)   Advocacy.  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (h)   Staff.  The Chief Administrative Officer must provide appropriate staff to the Committee.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 23A. Group Homes.

### Article I. General Provisions.

**Sec. 23A-1. Legislative findings.**

  (a)   The County Council finds from reports, hearings, and community groups that certain County residents:

    (1)   in the course of formal rehabilitation therapy, benefit from a group home environment;

    (2)   prefer, and benefit from, living in a residential environment with individuals with similar needs; and

    (3)   can reside in a non-institutional environment with appropriate care and services.

  (b)   Essential features of a group home are the quality of the services provided, the provision of a safe and sanitary environment, and the home's appropriateness for the individuals served.

  (c)   The County government must provide a timely, coordinated procedure to review applications for group home licenses and assure that services delivered to residents are appropriate and meet residents' needs.

**Sec. 23A-2. Construction and purpose of chapter.**

  (a)   This Chapter must be liberally construed and applied to reflect the findings in Section 23A-1.

  (b)   The intent of this Chapter is to:

    (1)   simplify and clarify the laws governing the use of group homes for residents who require supportive care;

    (2)   assist applicants in establishing group homes;

    (3)   ensure the quality of group home programs; and

    (4)   provide an integrated County/State licensing procedure and administrative process for group homes.

**Sec. 23A-3. Applicability of Chapter.**

  This Chapter does not apply to a:

  (a)   facility which holds a valid license for institutional care, such as a nursing home, hospital, child or adult day care facility, or domiciliary care home for 5 or more residents;

  (b)   foster or respite care home for children which is approved by the County Department of Health and Human Services, the State Department of Juvenile Services, or any licensed child placement agency, in accordance with standards set by the appropriate State agencies;

  (c)   foster care or respite care home for adults for 3 or fewer elderly persons or persons with disabilities, which is approved by the Department of Health and Human Services;

  (d)   licensed residential or institutional facility whose total number of residents at any one time will exceed 16 or the number of persons allowed under a license for the facility issued by a state agency, whichever is less;

  (e)   group home which does not routinely provide more than 50 hours of on-site supervision a week, but a home exempted under this subsection may apply for a license and be licensed if it meets the requirements of this Chapter; or

  (f)   group home for developmentally disabled adults which is licensed by the Maryland Department of Health; or

  (g)   group of persons, not related by blood or marriage, living together in a dwelling unit as a household as defined in Chapter 59. Supportive care services and treatment for individual residents or the group may be provided by a person or agency that does not assume responsibility for acquiring those services or treatments or for supervising, directing, or controlling the residents.

**Sec. 23A-4. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Activities of daily living (ADL): Routine daily activities, such as:

  (a)   Mobility. Providing physical support to enable a resident to move about in or outside a group home.

  (b)   Personal hygiene.

    (1)   Bathing: Assembling towels, soaps, and other necessary supplies; helping a resident in and out of the bathtub or shower; turning the water on and off; adjusting water temperatures; washing and drying portions of the body which are difficult for a resident to reach; and being available while a resident is bathing.

    (2)   Grooming: Helping a resident with shaving, oral care, hair care, and nail care.

  (c)   Dressing. Helping a resident choose, put on, and remove appropriate clothing.

  (d)   Eating. Helping a resident cut food and pour beverages, and feeding a resident who is unable to feed himself or herself.

  (e)   Toileting. Reminding a resident about using the toilet; assisting a resident to the bathroom; helping a resident to undress; positioning a resident on the commode; and helping a resident with related personal hygiene, including assistance with changing of adult briefs.

  (f)   Interpersonal interaction. Helping a resident identify social needs and interests and engage in activities to satisfy those needs and interests; creating activities in the home to encourage resident-to-resident and resident-to-staff socializing.

  Applicant: A person applying for a group home license or license renewal.

  Board: A program review board that meets on an ad hoc basis to consider a program statement filed by an applicant for a license.

  COMAR: The Code of Maryland Regulations.

  Day care is defined in COMAR regulations governing day care for the elderly and medically handicapped adults.

  Department: The Department of Health and Human Services.

  Director: The Director of the Department of Health and Human Services or the Director's designee.

  Domiciliary care is defined in COMAR regulations governing domiciliary care homes.

  Group home: A residence which houses 3 to 16 unrelated persons receiving group residential care, but not more than the number of persons allowed under a license issued by a state agency.

  Group residential care: The provision of shelter, board, facilities, resources for daily living, personal guidance and direction, and related supportive care and services in a residential environment.

  Group senior assisted housing is defined in COMAR regulations governing Group Sheltered Housing for the Elderly.

  Licensee: The person to whom a facility license is issued under this Chapter.

  Person: Any individual, partnership, or firm; corporation, public or private, profit or nonprofit; association; government agency; or any other legal entity.

  Primary care giver: A supportive staff person who is responsible for providing group residential care services for residents under the supervision of the home's staff director.

  Program statement: A document approved by the Director that describes:

  (a)   a group home's scope of services;

  (b)   the nature, purpose, objectives, policies, and procedures of the proposed program;

  (c)   the background and experience of the organization or person sponsoring the home;

  (d)   the experience and qualifications of the applicant and personnel operating the home;

  (e)   the needs and capabilities of the residents to be served; and

  (f)   the budget, resources and procedures for meeting those needs.

  Resident: An individual who resides in a group home in order to receive group residential care.

  Staff director: A person who is authorized to direct, manage, and supervise the activities of the staff at a group home. The staff director may be the licensee or a person designated by the licensee to operate and manage the group home as the licensee's agent.

  Supportive care: 24-hour supervision, 3 meals a day, housekeeping services, medication supervision, and assistance with personal care or the activities of daily living.

  Unrelated individual: Any person who is not a son, daughter, grandson, granddaughter, father, mother, grandfather, grandmother, brother, sister, aunt, uncle, stepmother, stepfather, stepson, stepdaughter, husband or wife, or in-law of any listed person, or of the owner, operator, or lessee of the group home.

**Sec. 23A-5. Administration and enforcement of chapter.**

  This Chapter is administered and enforced by the Department of Health and Human Services.

**Sec. 23A-6. Regulations.**

  (a)   The County Executive may adopt regulations under method (2) to implement this Chapter. The regulations must not conflict with any provisions of this Chapter or be less restrictive than the provisions of Chapter 26.

  (b)   The Director may waive any requirement of this Chapter or any regulation issued under this Chapter for good cause.

  (c)   Regulations issued to implement this Chapter must set standards for:

    (1)   program and administrative requirements for group residential care, such as the qualifications of the licensee and staff, adequate staffing and supervision, health and other records pertaining to group home residents, medication management, telephone service, minimum space per resident, transportation resources, and the scope of the services to be provided;

    (2)   when a program statement or a criminal background check is required;

    (3)   evacuation plans;

    (4)   coordination of the administration and enforcement of this Chapter with appropriate State and local agencies, under which the County must accept regulatory standards, inspections, and reviews by State and local agencies to fulfill County licensure requirements when the population being served and the standards of care are substantially identical;

    (5)   health and sanitation;

    (6)   handling complaints of violations of this Chapter, and procedures to refer complaints not related to this Chapter to the licensee and any public agency with jurisdiction over the complaint;

    (7)   time and schedule requirements to approve or disapprove a license application, not including any time needed to obtain a special exception; and

    (8)   admission and retention of residents.

**Sec. 23A-7. Penalty for violation of chapter; other legal action.**

  Any violation of this Chapter or a regulation issued under this Chapter is a Class A violation. This Chapter does not limit the right of any person to seek damages or other judicial relief because of injury to persons or property.

### Article II. Licensing.

**Sec. 23A-8. License required.**

  (a)   A building must not be advertised or used as a group home until the Director issues an annual license. A building must not be advertised or used as a group home after a license has expired or has been revoked or suspended.

  (b)   A group home registered with but not licensed and inspected by a State agency must be licensed as a group home under this Chapter.

**Sec. 23A-9. Licensing procedures.**

  (a)   Each applicant must submit on a form provided by the Director:

    (1)   the name, address, and telephone number of the applicant and staff director;

    (2)   the address of the group home;

    (3)   the maximum number of residents who will reside at the home at any one time;

    (4)   the number of staff on each shift and the number of staff who will reside on the premises;

    (5)   the steps the staff director will take to receive, investigate, and respond to inquiries and complaints from non-residents;

    (6)   the name of the State agency that licenses, certifies, or registers the group home or from which a license, certificate, or registration was requested;

    (7)   a program statement, when one is required; and

    (8)   any other information the Director may require. The Director must not accept a license application unless it is complete.

  (b)   Any reference or other personnel information submitted as part of an application for a license must be treated as confidential and used only for review by a program review board and for the oversight of operations by the Director.

  (c)   The Director must give each applicant information necessary to contact other relevant agencies about applicable licenses, permits, special exceptions, and other regulatory requirements.

  (d)   A separate program statement must be submitted as part of an application if an applicable regulation adopted under Section 23A-6 requires the statement, or when the regulation does not establish County standards or incorporate State standards governing residential care and services for the population to be served. Each program statement must specify:

    (1)   the program purpose, goals and objectives;

    (2)   the means to accomplish the goals and objectives;

    (3)   the needs and capabilities of the population to be served;

    (4)   the proposed budget, resources, and procedures to meet those needs;

    (5)   the proposed operating methods and procedures for medication management, transportation, social and recreational services, 24-hour supervision, personal care services, and food service;

    (6)   client admission and retention criteria;

    (7)   qualifications and experience of the applicant and the personnel operating the group home; and

    (8)   any other information the Director may require.

  (e)   A separate license application, supporting documentation, and, if required, program statement must be submitted for each group home to be licensed.

  (f)   Each applicant must pay a license fee set by executive regulation adopted under method (3) in an amount that does not exceed the prorated costs of administering this Chapter.

  (g)   Before a license is issued, the proposed group home must be inspected for compliance with County health and safety standards.

  (h)   The Director must not issue or renew a group home license unless the following documents have been filed with the Department not more than 60 days before the license is issued or 30 days before the license is renewed:

    (1)   a certificate from the Department of Permitting Services stating that the facility complies with applicable County building, housing, electrical, fire, and zoning codes. A certificate is not required when a license is renewed, but may be required at any time physical or structural changes are made to a group home or the number of residents increases;

    (2)   a statement from the Fire Marshal, if required, that the group home meets appropriate Life Safety Code standards;

    (3)   a statement from the Department that the group home complies with all applicable health and sanitation requirements;

    (4)   a statement from the Director that the group home program meets the requirements of this Chapter; and

    (5)   when a program is regulated by a state agency with quality of care standards, a certificate from that agency that the group home is licensed, certified, or registered; or a certificate from the Director indicating that the program statement is acceptable.

**Sec. 23A-10. License conditions.**

  (a)   Term of license and renewal. Each license issued under this Chapter expires one year after issuance. A complete application for renewal must be submitted to the Director at least 60 days before a license expires. If the applicant has timely filed a complete renewal application and the existing license is not suspended or revoked, the existing license remains in effect for up to 90 days after its expiration date, until the Director acts on the application for renewal.

  (b)   Proof of licensure. The current license must be kept at the group home available for inspection.

  (c)   Notice of legal proceedings. Each licensee must file a written report with the Director, within 10 days after receiving notice of the initiation of the action, on any civil or criminal action and any action by a state agency to deny, suspend, or revoke any license, brought against the licensee or any employee or volunteer, if the action involves or affects the care of residents or the operation of the group home.

  (d)   Change of name, ownership, or location. A license must not be transferred from one person to another, from one group home to another, or from one location to another. The licensee must notify the Director before a change in ownership of a group home. Before a change in location, the licensee must notify the Director in writing and apply for a license for the group home at the new location.

  (e)   Appropriateness of admissions. Each licensee or staff director must determine the appropriateness of a resident for the group home and assure that the resident's needs are identified and met.

  (f)   Responsibility for compliance. Each licensee is responsible for the overall operation of the group home and for compliance with all applicable laws and regulations.

  (g)   Residents' rights. Each licensee must implement and enforce all residents' rights required by State Regulations for the population served, and must actively support residents who assert those rights.

  (h)   Discrimination. A group home provider must not discriminate in admitting or providing care to an individual because of the individual’s race, color, religion, national origin, or disability, as defined in Chapter 27.

  (i)   Resident capacity. A group home must not exceed its licensed resident capacity.

  (j)   Relative as residents. When a relative of a licensee, or a relative of an employee of the licensee, resides in a group home and receives care and services from staff other than the licensee, with or without compensation, the relative must be considered a resident for purposes of assuring that the care received complies with this Chapter.

  (k)   Day care or respite care. Day care or respite care must not be provided to a non-resident unless the licensee obtains the appropriate day care or respite care license and zoning approval. In providing this care, a group home must not exceed its licensed resident capacity.

  (l)   Compliance. The licensee or staff director must comply with all requirements of this Chapter and relevant State and County Regulations.

**Sec. 23A-11. Administration, enforcement, restriction on admissions, suspension, and revocation.**

  (a)   Right of entry; inspection. The Director may, at any reasonable time, visit or inspect any group home to determine  compliance with applicable laws and regulations, and investigate complaints of non-compliance. The Director must conduct an annual inspection of each licensed group home. The Director may establish a procedure to accept State agency oversight of the program of services offered to residents instead of County inspections.

  (b)   Deficiency correction orders. When an inspection reveals that a licensed group home is not in compliance with any licensing requirement of this Chapter or a regulation, the Director may order the licensee to correct the deficiency. The order must include a statement of the deficiency, the time period within which the deficiency must be corrected, a citation of the applicable law or regulation, and an explanation of the licensee's appeal rights under this Chapter.

  (c)   Failure to comply with a directive. If the licensee fails to correct the deficiency within the time period prescribed, the Director may restrict new admissions until the deficiency is corrected, or move to suspend or revoke the license.

  (d)   Restriction on admissions; suspension, revocation, or denial of license.

    (1)   The Director may restrict admissions to a group home, or suspend, revoke, or deny a group home license, if the Director finds that:

      (A)   the group home does not comply with this Chapter;

      (B)   the licensee has violated applicable laws or regulations, or deficiency correction orders;

      (C)   the licensee operated a previous group home and the license of that home was revoked or is suspended, or a regulatory agency has issued an order restricting admissions to that home;

      (D)   the license was obtained by fraud; or

      (E)   issuance or retention of the license is not in the best interest of the health, safety or welfare of the residents.

    (2)   If a group home license issued by a State agency with quality of care standards is restricted, suspended, or revoked, the group home's County license is automatically restricted, suspended, or revoked, respectively, without further notice or action by the Director.

    (3)   Notice of any restriction on admissions, suspension, revocation, or denial proposed by the Director must be in writing, specify the basis for the action, and be delivered to the applicant or licensee by certified mail or personal service. The notice must give the applicant or licensee an opportunity to appear and show cause before the Director why the license should not be restricted, suspended, revoked or denied. Nothing in this Section prohibits the Director from proceeding directly under Section 23A-7.

  (e)   Immediate suspension in emergency. The Director may immediately suspend a license when failure of the licensee to comply with any applicable law, regulation, approved program statement, or deficiency correction order, or the suspension, revocation, or denial of a license by a State agency, results in an emergency situation which immediately threatens the health, safety, or welfare of a resident in the group home. The Director must give the licensee notice of the basis for the suspension and the time and place of a hearing to be held within one work day. At the hearing the licensee may show cause why the license should not continue to be suspended. The hearing may be postponed up to 72 hours at the written request of the licensee, during which time the license remains suspended.

  (f)   Notice to placement agencies. The Director must notify appropriate placement agencies of the suspension, revocation, or denial of a license and may ask the agencies to find alternative placements for the residents, depending on the nature of the notice given. Any agency that receives this notice must be notified if the order is rescinded.

  (g)   Appeal from deficiency correction order, suspension, revocation, or denial of license. A person aggrieved by an action of the Director under this Section may appeal that action to the County Board of Appeals within 10 days after the date of notice of the Director's action. The filing of an appeal does not stay the Director's order unless the Board of Appeals grants a stay on motion of the appellant.

**Sec. 23A-12. Program certification; program review board; responsibilities and procedures.**

  (a)   An applicant or licensee must submit a program statement when a regulation requires one, or when the regulation does not establish County standards or incorporate State standards governing residential care and services for the population to be served. The Director must certify that the proposed program of services submitted by an applicant is adequate and appropriate to meet the residents' needs. If the proposed program already has been reviewed and approved by another agency responsible for licensing or certifying programs for the population to be served, the Director may accept that review and certify the program.

  (b)   When a program statement is required, the Director must convene an ad hoc program review board to review the program statement of an applicant for a license except when the Director accepts a review that has been conducted by another agency. Each board must consist of representatives from:

    (1)   government agencies involved with the group home program being considered; and

    (2)   professional, charitable and social service organizations with experience in providing care for the residents to be served by the program.

  (c)   If an application to renew a group home license is pending, a board may be convened for program evaluation if the Director finds the program, number of residents, or needs of residents have changed sufficiently to require an additional evaluation or the needs of the residents have not been met by the existing program statement.

  (d)   Each board must consist of not less than 5 and not more than 7 members. A simple majority of the board constitutes a quorum. The board must keep minutes of its proceedings and meetings. Meetings of the board must be closed to the public to the extent allowed by State law. All decisions and recommendations of the board must be made by resolution in which at least a majority of those present or polled concur.

  (e)   The board must review and evaluate the program statement and give the Director its recommendations. In developing its recommendations, the board must examine:

    (1)   the nature, purpose, objectives, policies and procedures of the proposed program;

    (2)   the background and experience of the applicant;

    (3)   the experience and qualifications of the personnel operating and providing care in the group home;

    (4)   the needs and capabilities of the residents to be served, and the applicant's resources and procedures for meeting those needs; and

    (5)   any other information the Director considers necessary to accomplish the objectives of this Chapter.

  The board must review the elements of the program statement and evaluate each application in accordance with the requirements stated in the applicable regulation.

  (f)   The board may request technical service, advice, data, or factual evidence from other agencies as necessary to develop its recommendations.

  (g)   The Director may approve or disapprove the program after considering the board's recommendations. The Director may or may not accept the review of another agency, as authorized in this Chapter.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 23B. Financial Assistance to Nonprofit Service Organizations.

**Sec. 23B-1. Purpose.**

  The county council hereby declares it to be the purpose of this chapter to support, in whole or in part, certain bona fide nonprofit service organizations, operating within the confines of Montgomery County, Maryland, by providing thereto financial assistance where such organization applies therefor and demonstrates to the satisfaction of the chief administrative officer or his authorized representative that it provides services to citizens who might otherwise be served by the county government, that the loan or grant is necessary to ensure the continuation of such services by that organization to such citizens and that there is no known organization capable of providing similar services.

**Sec. 23B-2. Eligibility for financial assistance.**

  Any bona fide nonprofit service organization which operates within the confines of Montgomery County may apply to the chief administrative officer for financial assistance where such organization demonstrates to his satisfaction that:

  (a)   The organization provides services deemed to be of a critical nature for citizens of Montgomery County which might otherwise be provided in part or in whole by the county government;

  (b)   Financial assistance is necessary to ensure the continued operation of the subject organization;

  (c)   No similar organization exists in Montgomery County which would provide similar service for the same clientele should the organization cease to exist and it can demonstrate that it has made a good faith effort, which has been unsuccessful, to obtain other sources of funding; and

  (d)   That it has submitted a financial recovery plan which does not require additional financial assistance from the county government.

  The chief administrative officer, at his discretion, may conduct a public hearing in order to receive information relative to his determination.

**Sec. 23B-3. Funding.**

  Where the chief administrative officer certifies that financial assistance would serve a public purpose in accordance with section 23B-2, the county executive or his designee shall thereupon recommend the amount and form of the assistance to the county council for adoption in the same manner as any appropriation. If the chief administrative officer does not support the funding of a request which has been submitted, a report stating the requested amount, and the rationale for disapproval, shall be forwarded to the county council for its review and any action desired by the council. Should the county council desire to provide financial assistance not otherwise recommended by the county executive or his designee to the nonprofit service organization, it may amend a budget currently before it or it may initiate an emergency appropriation, whichever is appropriate.

**Sec. 23B-4. Council action.**

  The county council, prior to the expenditure of any funds, shall schedule and hold a public hearing thereon, and may thereafter authorize the expenditure of public funds for the financial support of such organization. The public hearing shall be for the purpose of taking testimony as to the public purpose of such funding, the matters contained in section 23B-2, the stability of the applicant organization and such other matters deemed pertinent by the county council. The county council may amend the recommendation of the county executive or his designee as it deems appropriate and may require reimbursement from such organization if other funding for the same purpose becomes available.

**Sec. 23B-5. Performance contract.**

  Where the county council authorizes financial assistance, the chief administrative officer shall negotiate and execute a performance contract between the county and such organization in accordance with the resolution of the county council and the director of the department of finance shall cause such assistance to issue.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 24. Health and Sanitation.

### Article I. In General.

**Sec. 24-1. Council to act as board of health; powers generally.**

  The council, sitting as the local board of health for the county, is hereby authorized and empowered to adopt and enforce all needful rules and regulations concerning sanitation for eating and drinking establishments, habitable buildings and private water supplies, within their jurisdiction, and to provide therein reasonable regulating fees and charges in connection therewith and penalties for the violation thereof; provided such rules and regulations are in addition to and not in conflict with any regulations of the state board of health or of any provisions of the Annotated Code of Maryland, 1957, as amended.

**Sec. 24-2. Communicable diseases generally—Warning signs.**

  The county health officer is hereby authorized to post placards or warning signs on the premises on which a person is infected with a communicable disease dangerous to public health.

**Sec. 24-3. Communicable diseases—Unauthorized removal of warning signs.**

  Any person, other than the county health officer or his authorized representative, who removes or defaces any placard or warning sign as provided in section 24-4 shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 24-4. Communicable diseases—Control in food establishments.**

  (a)   Affected persons not to handle food, etc.  No person who is affected with any disease in a communicable form, or is a carrier of such disease, shall work, and no employer shall knowingly require or permit such person to work, in any capacity which brings him in contact with the preparation, production, manufacture, packing, storage, sale, collection, distribution or transportation of any unpackaged food, meat, drink or food product, or in contact with any utensil, container or equipment used for the processing, preparing, handling or storage of unpackaged food, meat or drink.

  (b)   Notice to health officer.  Any employer who discovers or suspects that any person described in subsection (a) of this section employed by him has contacted any communicable disease or is a carrier of such disease shall notify the county health officer immediately.

  (c)   Examination, etc., of employees.  Every person connected with any establishment whose work brings him in contact with the handling, preparation, production, manufacture, packing, storage, sale, collection, distribution or transportation of any unpackaged food, meat, drink or food product or utensils, containers or equipment used for the processing, preparing, handling or storage of unpackaged food, meat or drink shall furnish such information, permit such physical examination or X-rays or both and submit such laboratory specimens as the county health officer may require for the purpose of determining freedom from communicable disease or infection.

  (d)   Penalty.  Any violation of the provisions of this section shall be punished by a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) in the discretion of the court.  Each violation of any of the provisions of this section shall constitute a separate offense.

**Sec. 24-5. Use of certain shoe-fitting devices or machines prohibited.**

  It shall be unlawful for any person, association or corporation to operate or maintain within the limits of the county shoe-fitting devices or machines which use fluoroscopic X-ray or radiation principles as a basis of operation.

  Any violation of the provisions of this section shall be punished as a class A violation as set forth in section 1-19 of chapter 1 of the County Code.  Each and every day or any part of a day that such violation continues shall constitute a separate offense.

**Sec. 24-6. Commitment of chronic alcoholics.**

  The county health officer and his delegated agents are authorized on behalf of the county to petition any judge of the circuit court in equity, trial magistrate, substitute trial magistrate or judge of the people’s court of the county for an order of civil commitment of chronic alcoholics as provided in article Health-General, section 8-500 of the Annotated Code of Maryland.

**Sec. 24-7. Catastrophic health insurance plan.**

  (a)   Statement of purpose.

    (1)   The purpose of this section is to start a program to inform county citizens of the need for catastrophic health insurance and to make this insurance available to citizens through an independent insurer at no cost or liability to the county.

    (2)   A catastrophic illness or injury may financially devastate an individual or the family of the individual because of extraordinary medical expenses.  It is vitally necessary to the public health and welfare in Montgomery County that:

      (A)   Its citizens not be burdened with this financial cost.  Most health insurance policies contain a monetary limitation on the amount of money that can be expended on a particular illness or individual.  The county has enacted this section because additional insurance is not always available to citizens; and

      (B)   The Montgomery County government not be financially burdened by citizens who become indigent due to catastrophic health costs.

  (b)   Definitions.

    (1)   Catastrophic health insurance means a supplementary insurance contract that indemnifies a citizen for medical expenses that:

      a.   Result form an illness, injury, or disease; and

      b.   Are greater than fifty thousand dollars ($50,000.00).

    (2)   Citizen means any individual who lives in or works in this country for at least ninety (90) consecutive days.

    (3)   Insurer means an insurance company that is authorized to provide catastrophic illness insurance in this state.

  (c)   Responsibility of county executive.  The county executive should use his best efforts to:

    (1)   Contract with an insurer to provide to any citizen catastrophic health insurance;

    (2)   Inform citizens of the availability to purchase the catastrophic health insurance plan; and

    (3)   Provide oversight for all contract obligations with the county.

  (d)   Preexisting conditions.  A contract provided under this section will not be required to cover a preexisting medical condition of the citizen.

  (e)   The county is not liable in any way for any claims arising out of an arrangement for insurance established under this section, and the insurer must bear the cost of all claims and indemnity the county against all claims and the cost of defending against all claims in connection with an arrangement for insurance established under this section.

  (f)   Regulations.  The county executive may adopt regulations under method (2) of section 2A-15 of this Code to implement this section.

**Sec. 24-8. Massage.**

  (a)   Definitions.  In this Section, terms that are defined in the state Health Occupations Article have the same meaning, and the following words and phrases have the following meanings:

    (1)   Massage has the same meaning as “massage therapy” under § 3-5A-01 of the Health Occupations Article.

    (2)   Massage establishment: any business where any employee, agent or contractor who is not a certified massage therapist or registered massage practitioner under state law performs a massage.

    (3)   Director: The Director of the Department of Health and Human Services, or the Director’s designee.

    (4)   Board: the Maryland State Board of Chiropractic Examiners.

    (5)   Department: the Department of Health and Human Services.

  (b)   Scope.  This Section does not apply to:

    (1)   an individual with a license, registration, or other approval issued by the Board to provide massage under § 3-5A-05 of the Health Occupations Article;

    (2)   an athletic trainer who:

      (A)   is certified by a nationally recognized athletic trainer certification agency identified by the Director and works under the supervision of a physician, while functioning in the athletic trainer’s professional capacity;

      (B)   is employed by an accredited educational institution, while performing professional duties at that institution; or

      (C)   is employed by a professional sports team, while treating members of that team; and

    (3)   a business in which every person who performs massage is a certified massage therapist or registered massage practitioner under State law.

  (c)   Massage establishment.

    (1)

      (A)

        (d)   Any massage establishment must have a license issued by the Director under this Section. The licensee is the owner of the establishment.  If the owner is not an individual, the owner must designate on the application an individual as the owner’s representative.  The owner’s representative must consent on the application to be so designated. The representative must accept any notice sent to the owner under this Section.  If the owner does not pay any fine, penalty, or fee due under this Section, the Director may collect the fine, penalty, or fee from the owner’s representative.  The owner must not designate an individual as its representative under this subsection if the individual is not qualified to receive a manager’s license under subsection (d).

      (B)   The licensee or a licensed manager must be on the premises at all times while the establishment is occupied.

      (C)   A person must not own or operate a massage establishment without obtaining a massage establishment license.  This requirement may be enforced by the Director or the Police Department.

      (D)   The Director or the Police Department may close an unlicensed massage establishment until the business and each person owning or operating the business obtains a license under this Section.

    (2)   Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a massage establishment license if:

      (A)   the applicant meets the requirements of this Section, is qualified under standards set by Executive Regulation, and completes a license application form provided by the Director;

      (B)   the massage establishment facility meets minimum standards set by Executive Regulation;

      (C)   the applicant pays an application fee and license fee; and

      (D)   the establishment complies with all applicable zoning, health, fire prevention, and building laws and regulations.

    (3)   The Director must conduct a prelicensing inspection of any massage establishment, and may conduct other inspections necessary to enforce this Section.

    (4)   A massage establishment must meet minimum standards set by regulation at all times.

    (5)   Any person who operates a massage establishment must not perform or allow another person to perform a massage unless the person who performs the massage:

      (A)   is a certified massage therapist or registered massage practitioner under state law; or

      (B)   has a valid County massage worker’s license.

    (6)   Any person who operates a massage establishment must permit a County police officer or the Director to enter the massage establishment at any time during operating hours, and at any other time in an emergency or when the establishment is occupied.

    (7)   Any person who operates a massage establishment must not allow a person of one gender to massage a person of another gender.  This restriction does not apply of the person who performs the massage is a State-certified massage therapist or registered massage practitioner.

    (8)   A massage establishment license has a term of one year and must be renewed annually.

    (9)

      (A)   A massage establishment license must not be transferred from one person to another.

      (B)   A massage establishment license must not be transferred from a location to another location until a license is issued for the new location.

      (C)   A massage establishment license applies to a single location specified in the license.

    (10)   If an applicant for a massage establishment license does not own the building where the establishment would be located, the building owner must approve the use of the building as a massage establishment on a form provided by the Director.

  (d)   Massage establishment manager.

    (1)   The licensee, if an individual, and any person who manages a massage establishment in the absence of the licensee, including an owner’s representative designated under subsection (c)(1)(A), must obtain a massage establishment manager’s license from the Director and renew the license each year.

    (2)   Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a license if the applicant is qualified under this Section and the standards established by regulation.  Each applicant must:

      (A)   complete an application form provided by the Director;

      (B)   submit proof of good health required by the Director;

      (C)   pay the application and license fee;

      (D)   be at least 18 years old;

      (E)   have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with:

        (i)   a felony;

        (ii)   a crime involving moral turpitude;

        (iii)   violation of a controlled dangerous substances law; or

        (iv)   violation of any law regulating the practice of a health occupation;

      (F)   not habitually use any drug or alcoholic beverage to an extent that impairs professional performance;

      (G)   provide a passport-size photograph, fingerprints, and a list of the applicant’s occupation or employment for the 3 years before filing the application; and

      (H)   if the applicant is not a United States citizen, provide evidence of legal presence and employability in the United States.

  (e)   Massage worker.

    (1)   Any person who performs massage for compensation and who is not a certified massage therapist or registered massage practitioner under state law must obtain a massage worker’s license from the Director and renew the license each year.  An individual may apply for a license under this subsection only if the individual is expressly exempt under § 3-5A-05(a)(2) of the Health Occupations Article from the certification and registration requirements of that section.

    (2)   Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a license if the applicant is qualified under this Section and the standards established by regulation.  Each applicant must:

      (A)   complete an application form provided by the Director;

      (B)   submit proof of good health;

      (C)   pay the application and license fee;

      (D)   be at least 18 years old;

      (E)   have satisfactorily completed at least 60 credit hours of education at an institution of higher education as defined by State law;

      (F)   have successfully completed at least 500 hours of massage training provided by an organization approved by the Board; and

      (G)   have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with:

        (i)   a felony;

        (ii)   a crime involving moral turpitude;

        (iii)   violation of a controlled dangerous substances law; or

        (iv)   violation of any law regulating the practice of a health occupation;

      (H)   not habitually use any drug or alcoholic beverage to an extent that impairs professional performance;

      (I)   provide a passport size photograph, fingerprints, and a list of the applicant’s occupation or employment for the 3 years before filing the application; and

      (J)   if the applicant is not a United States citizen, provide evidence of legal presence and legal employability in the United States.

    (3)   A person who holds a license issued under this Section and who is not a certified massage therapist or registered massage practitioner under state law must not perform massage except as the agent or employee of a massage establishment that has a valid County license.

    (4)   A massage worker licensed under this subsection must only massage persons of the worker’s same gender.

    (5)   A massage worker’s license must not be transferred from one individual to another.

  (f)   Fees. The County Executive must set application and license fees by Executive Regulation under method (3) that substantially cover the cost of administering this Section.

  (g)   Denial or Revocation of license.  The Director may refuse to issue a license under this Section, and may suspend or revoke a license issued under this Section, after a hearing for which reasonable notice has been given, if the licensee or applicant:

    (1)   violates any provision of this Section;

    (2)   submits fraudulent information in support of a license application under this Section;

    (3)   is convicted of, or pleads guilty or nolo contendere to, or is ordered to serve a period of probation after being charged with:

      (A)   a felony;

      (B)   a crime involving moral turpitude;

      (C)   violation of a controlled dangerous substance law; or

      (D)   violation of any law regulating the practice of a health occupation;

    (4)   habitually uses any drug or alcoholic beverage to an extent that impairs professional performance; or

    (5)   is grossly negligent in the performance of massage.

  (h)   Notice and opportunity for hearing.

    (1)   Notice. After finding that one or more grounds for denial, suspension, or revocation of a license could exist, the Director may serve a written notice on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the person’s last known address as maintained in the Director’s file.  Service on that person by mail is effective 3 days after mailing.  The Director must also post a written notice at a conspicuous place on the establishment for which the license was or would be issued. The written notice must, at a minimum:

      (A)   state that the Director has found that the licensee or applicant may be subject to denial, suspension, or revocation;

      (B)   identify the specific grounds for the Director’s findings; and

      (C)   set a date for a hearing on denial of the application or suspension or revocation of the license.  The hearing must be held at least 5 days after service of the Director’s notice, unless the parties agree to an earlier date.

    (2)   Hearing. The Director or a designee may conduct the hearing.  At the hearing, the licensee or applicant may present evidence and witnesses to refute the grounds cited by the Director for denying the application or suspending or revoking the license, and the County and any other person may submit relevant evidence.  The relevant records of the Department are part of the hearing record.  Within 3 days after the hearing closes, the person conducting the hearing must render a decision in writing, giving the reasons for the decision.  That decision is final and is subject to judicial review under the Maryland rules for review of administrative decisions.

    (3)   Failure to appear.  A licensee or applicant who after notice does not appear at a hearing waives the right to a hearing and consents to the action that the Director proposed in the notice. The Director may deny the application or suspend or revoke the license as proposed in the notice.

    (4)   Notice and Effective Date of Suspension or Revocation.  The Director’s written decision must be posted at the office of the Director and must be served on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the applicant or licensee’s last known address as maintained in the Department’s files.  The Director must also post a written notice of the decision at a conspicuous place on the establishment for which the license was or would be issued.  A suspension or revocation takes effect on the day the Director’s decision is delivered in person or posted, whichever occurs first.  To facilitate enforcement of this provision, the Director may require the applicant or licensee to appear at the Director’s office at a specific time to receive a copy of the decision and be prepared to surrender the license.  If a licensee or applicant does not appear to receive the Director’s decision, the Director’s decision is effective on the date and time the licensee or applicant was directed to appear.

    (5)   Surrender of license and security.  When a license is suspended or revoked, the Director must take custody of the suspended or revoked license.

  (i)   Upon receipt of notice of a license revocation or suspension, unless otherwise directed the licensee must, within 24 hours:

    (1)   place the license in the mail, postage prepaid, addressed to the Department; or

    (2)   physically deliver the license to the Department.

  (j)   If the Department does not receive a suspended or revoked license within 48 hours after notification, excluding weekends or a legal holiday, or as otherwise directed, the holder of the license violates this Section.  In addition to any other penalties that may be imposed, the director or Police may:

    (1)   remove the revoked or suspended license from the business location; and

    (2)   close the place of business until the person operating the business obtains a license.

  (k)   Appeals.

    (1)   Any person aggrieved by the denial, suspension, or revocation of any license under this Section may seek judicial review under the Maryland rules for review of administrative decisions.

    (2)   The Director’s decision to deny a license must not be stayed pending appeal.  Final administrative action that revokes or suspends a license may be stayed pending appeal only if:

      (A)   the court finds that the public health, safety, or welfare will not be endangered during the appeal; and

      (B)   a bond of $100,000 is posted.

  (l)   Penalty.  A person has committed a class A violation if the person:

    (A)   violates any provision of this Section; or

    (B)   submits fraudulent information in support of a license application under this Section

**Sec. 24-8A. Fitness Centers—Defibrillators.**

  (a)   In this Section the following terms have the following meanings:

    (1)   Automated External Defibrillator means a portable electronic device that provides an electric shock to the heart in order to reestablish normal contraction rhythms in a heart having dangerous arrhythmia or that is in cardiac arrest.

    (2)   Business includes a for-profit or non-profit organization.

    (3)   Commercial fitness center means a business where members, clients, or customers engage in exercise indoors.

    (4)   Exercise means an activity that requires strenuous physical exertion, either to develop and maintain fitness or to compete in a sport.  Exercise includes weight lifting, cardio-fitness training, aerobic fitness training, yoga, pilates, jazzercise, circuit training, spinning, and stepping.  Exercise also includes playing basketball, volleyball, soccer, ice hockey, tennis, racquetball, squash, and any similar indoor sport.

  (b)   Every commercial fitness center must have available at all times when the center is open at least one Automated External Defibrillator in good working order and at least one staff member who is trained in its use. This requirement does not apply to any fitness center where not more than 3 persons are employed.  As used in this subsection only, “employed” means that a person regularly works more than 20 hours per week.

  (c)

    (1)

      (2)   This Section is not intended to impose any civil liability, or relieve any person from civil liability, regarding the presence or use of, or failure to use, any Automated External Defibrillator, except as expressly provided in paragraph (2).

    (2)   A commercial fitness center, or any employee of a center, is not liable in connection with the use or nonuse of an Automated External Defibrillator, unless:

      (A)   the center has not made an Automated External Defibrillator available as this Section requires; or

      (B)   an employee of a center has acted with gross negligence or engaged in willful or wanton misconduct.

  (d)   Any violation of this Section is a class C civil violation.  The County Attorney or any affected person may file an action in a court with jurisdiction to enjoin repeated violations of this Section.

  (e)   The County Fire and Rescue Service must investigate each complaint alleging a violation of this Section and take appropriate action, including issuing a citation when compliance cannot be obtained otherwise.  The Department of Health and Human Services may, if requested, assist the Service in enforcing this Section.

**Sec. 24-8B. Bodywork Establishments.**

  (a)   Definitions.  As used in this Section, the following words and phrases have the following meanings:

    Bodywork means the practice of using one’s hands or another part of the body to apply pressure on an individual’s fully clothed body or bare feet to affect the electromagnetic energy, energetic field, or energy meridians of the human body. Bodywork includes the practice of reflexology or acupressure.

    Bodywork establishment means any business that advertises bodywork services or where any employee, agent, or contractor performs bodywork on an individual.

    Chief means the Chief of Police or the Chief’s designee.

    Director means the Director of the Department of Health and Human Services or the Director’s designee.

    Licensee means an individual owner of a bodywork establishment or an individual designated by the owner if the owner is not an individual.

    Sexual activity means any direct or indirect physical contact between persons intended to erotically stimulate either person or both persons or is likely to cause such stimulation.  Sexual activity includes sexual intercourse, fellatio, cunnilingus, anal intercourse, masturbation, or manual stimulation.

  (b)   Scope.  This Section does not apply to:

    (1)   an individual with a license, registration, or other approval issued by the Maryland State Board of Chiropractic and Massage Therapy Examiners to provide massage under §3-5A-05 of the Health Occupations Article;

    (2)   an athletic trainer who:

      (A)   is certified by a nationally recognized athletic trainer certification agency identified by the Director and works under the supervision of a physician, while functioning in the athletic trainer’s professional capacity;

      (B)   is employed by an accredited educational institution, while performing professional duties at that institution; or

      (C)   is employed by a professional sports team, while treating members of that team; or

    (3)   a business in which every person who provides services is a certified massage therapist or registered massage practitioner under State law.

  (c)   Bodywork establishment.

    (1)   License required.  A bodywork establishment must have a license issued by the Director under this Section. The licensee must be the owner of the establishment. If the owner is not an individual, the owner must designate on the application an individual as the owner’s representative. The owner’s representative must consent on the application to be so designated. The representative must accept any notice sent to the owner under this Section. If the owner does not pay any fine, penalty, or fee due under this Section, the Director may collect the fine, penalty, or fee from the owner’s representative.

    (2)   Except as otherwise provided in this Section, the Director must, with the assistance of the Police Department, review each application and issue a bodywork establishment license if:

      (A)   the applicant meets the requirements of this Section and completes a license application on a form provided by the Director;

      (B)   the bodywork establishment facility meets the minimum standards set by Executive Regulation;

      (C)   the applicant pays an application fee and license fee; and

      (D)   the establishment complies with all applicable zoning, health, fire prevention, and building laws and regulations.

    (3)   The Director must conduct a pre-licensing inspection of any bodywork establishment, and may conduct other inspections necessary to enforce this Section.

    (4)   A bodywork establishment must continue to meet the minimum standards set by regulation at all times.

    (5)   Any person who operates a bodywork establishment must permit a County police officer or the Director to enter the bodywork establishment at any time during operating hours, and at any other time in an emergency or when the establishment is occupied.

    (6)   Any person who operates a bodywork establishment must not allow a person to perform any sexual activity with another person in the establishment.

    (7)   A bodywork establishment license has a term of one year and must be renewed annually.

    (8)   A bodywork establishment license;

      (A)   must not be transferred from one person to another;

      (B)   must not be transferred from one location to another location until a license is issued for the new location; and

      (C)   applies to a single location specified in the license.

    (9)   If an applicant for a bodywork establishment license does not own the building where the establishment would be located, the building owner must approve the use of the building as a bodywork establishment on a form provided by the Director.

  (d)   Bodywork establishment licensee.

    (1)   The licensee, if an individual, or an owner’s representative designated under subsection (c)(1), must

      (A)   submit proof of good health required by the Director;

      (B)   be at least 18 years old;

      (C)   have not been convicted of, pled guilty or nolo contendere to, or served any term of probation as a result of being charged with a:

        (i)   felony;

        (ii)   crime involving moral turpitude, including solicitation, prostitution, and related crimes;

        (iii)   violation of a controlled dangerous substances law; or

        (iv)   violation of any law regulating the practice of a health occupation;

      (D)   not permit an individual to perform bodywork services in the establishment while under the influence of a non-prescribed drug or alcoholic beverage;

      (E)   provide a passport-size photograph, fingerprints, and a list of the individual’s occupation or employment for the 3 years before filing the application; and

      (F)   if the applicant is not a United States citizen, provide evidence of legal presence and employability in the United States.

  (e)   Executive Regulations.  The Executive must adopt an Executive Regulation under Method (2) establishing the minimum standards for a bodywork establishment and the application process.  The Executive must set application and license fees by Executive Regulation under Method (3) that substantially cover the cost of administering this Section.

  (f)   Denial or Revocation of license.  The Director may refuse to issue a license under this Section, and may suspend or revoke a license issued under this Section, after a hearing for which reasonable notice has been given, if the licensee or applicant:

    (1)   violates any provision of this Section;

    (2)   submits fraudulent information in support of a license application under this Section;

    (3)   is convicted of, or pleads guilty or nolo contendere to, or is ordered to serve a period of probation after being charged with:

      (A)   a felony;

      (B)   a crime involving moral turpitude, including solicitation, prostitution, and related crimes;

      (C)   violation of a controlled dangerous substance law; or

      (D)   violation of any law regulating the practice of a health occupation;

    (4)   permits an individual to perform bodywork services in the establishment while under the influence of a non-prescribed drug or alcoholic beverage; or

    (5)   is grossly negligent in the performance of bodywork.

  (g)   Notice and opportunity for hearing.

    (1)   Notice.  After finding that one or more grounds for denial, suspension, or revocation of a license could exist, the Director may serve a written notice on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the person’s last known address as maintained in the Director’s file. Service on that person by mail is effective 3 days after mailing. The Director must also post a written notice at a conspicuous place on the establishment for which the license was or would be issued. The written notice must, at a minimum:

      (A)   state that the Director has found that the licensee or applicant may be subject to denial, suspension, or revocation;

      (B)   identify the specific grounds for the Director’s findings; and

      (C)   set a date for a hearing on denial of the application or suspension or revocation of the license. The hearing must be held at least 5 days after service of the Director’s notice, unless the parties agree to an earlier date.

    (2)   Hearing.  The Director or a designee may conduct the hearing. At the hearing, the licensee or applicant may present evidence and witnesses to refute the grounds cited by the Director for denying the application or suspending or revoking the license, and the County and any other person may submit relevant evidence. The relevant records of the Department are part of the hearing record. Within 3 days after the hearing closes, the person conducting the hearing must render a decision in writing, giving the reasons for the decision. That decision is final, subject to judicial review under the Maryland Rules for review of administrative decisions in the Circuit Court and the Court of Special Appeals.

    (3)   Failure to appear.  A licensee or applicant who after notice does not appear at a hearing waives the right to a hearing and consents to the action that the Director proposed in the notice. The Director may deny the application or suspend or revoke the license as proposed in the notice.

    (4)   Notice and Effective Date of Suspension or Revocation.  The Director’s written decision must be posted at the office of the Director and must be served on the licensee or applicant in person or by regular mail, postage prepaid, addressed to the applicant or licensee’s last known address as maintained in the Department’s files. The Director must also post a written notice of the decision at a conspicuous place on the establishment for which the license was or would be issued. A suspension or revocation takes effect on the day the Director’s decision is delivered in person or posted, whichever occurs first. To facilitate enforcement of this provision, the Director may require the applicant or licensee to appear at the Director’s office at a specific time to receive a copy of the decision and be prepared to surrender the license. If a licensee or applicant does not appear to receive the Director’s decision, the Director’s decision is effective on the date and time the licensee or applicant was directed to appear.

    (5)   Surrender of license and security.  When a license is suspended or revoked, the Director must take custody of the suspended or revoked license.

  (h)   Upon receipt of notice of a license revocation or suspension, unless otherwise directed, the licensee must, within 24 hours:

    (1)   place the license in the mail, postage prepaid, addressed to the Department; or

    (2)   physically deliver the license to the Department.

  (i)   If the Department does not receive a suspended or revoked license within 48 hours after notification, excluding weekends or a legal holiday, or as otherwise directed, the holder of the license violates this Section. In addition to any other penalties that may be imposed, the Director or the Chief may:

    (1)   remove the revoked or suspended license from the business location; and

    (2)   close the place of business until the person operating the business obtains a license.

  (j)   Appeals.

    (1)   Any person aggrieved by the denial, suspension, or revocation of any license under this Section may seek judicial review under the Maryland Rules for review of administrative decisions in the Circuit Court and the Court of Special Appeals.

    (2)   Except as provided in subsection (3), the Director’s decision to deny a license must not be stayed pending appeal.

    (3)   Final administrative action that revokes or suspends a license may be stayed pending appeal only if:

      (A)   the Court finds that the public health, safety, or welfare will not be endangered during the appeal; and

      (B)   an appropriate bond is posted.

  (k)   Penalty.  A person has committed a class A violation if the person:

    (1)   violates any provision of this Section; or

    (2)   submits fraudulent information in support of a license application under this Section.

**Sec. 24-8C. Strategic Plan to Achieve Food Security in Montgomery County.**

  (a)   The County Executive must develop a Strategic Plan to Achieve Food Security in Montgomery County by December 1, 2016. In developing the Strategic Plan, the Executive should consider regional, national, and global efforts to address food insecurity. The Strategic Plan must at least include:

    (1)   demographic and geographic information on poverty in Montgomery County;

    (2)   demographic and geographic information on participation in Supplemental Nutrition Assistance Program (SNAP);

    (3)   demographic and geographic information on participation in Women, Infants, and Children (WIC) food supplement program;

    (4)   participation in free and reduced meals by school;

    (5)   participation in other school based food programs;

    (6)   demographic estimates regarding food insecurity;

    (7)   information on the relationship between access to transportation and access to food;

    (8)   information on how food literacy impacts food insecurity; and

    (9)   a 5-year Plan, with recommended actions, that strives to reduce food insecurity. The Plan must include:

      (A)   recommendations to reduce food insecurity for seniors and children in the first year of the Plan; and

      (B)   cost estimates to implement the Plan.

  (b)   In developing the Strategic Plan, the Executive must consult with:

    (1)   the County Department of Health and Human Services;

    (2)   the County Department of Transportation;

    (3)   the County Office of Agriculture;

    (4)   the Regional Service Center Directors;

    (5)   Montgomery County Public Schools;

    (6)   the County Planning Department;

    (7)   the Office of Community Partnerships;

    (8)   the Montgomery County Food Council

    (9)   Manna Food Center;

    (10)   the Capital Area Food Bank;

    (11)   individuals who have experience with food insecurity;

    (12)   organizations that are geographically located throughout that County that provide emergency or sustained food assistance; and

    (13)   organizations that are geographically located throughout the County whose mission is to reduce and eliminate poverty in the County.

  (c)   By December 1 each year, the Executive must submit a report to the County Council. The annual report must:

    (1)   update the information required in Section 24-8C(a);

    (2)   include activities, accomplishments, plans, and objectives to implement the Strategic Plan;

    (3)   include cost estimates for the following fiscal year necessary to implement the Strategic Plan.

  (d)   This Section is known as the Food Security Bill.

**Sec. 24-8D. Lead in drinking water.**

  (a)   Findings.

    (1)   The United States Environmental Protection Agency has determined that:

      (A)   lead is a toxic metal that is harmful to human health;

      (B)   children are at a greater risk from lead exposure than adults; and

      (C)   there is no safe level of lead for children.

    (2)   MD Code, Environment, §§ 6-1501 and 6-1502 require public and nonpublic schools to:

      (A)   regularly test for lead in drinking water outlets located in each occupied school building;

      (B)   within 24 hours, prevent all physical access to water from a drinking water outlet with an elevated level of lead until the problem is mitigated; and

      (C)   report the results of all lead testing to the Maryland Department of the Environment.

    (3)   A lead level in a drinking water outlet greater than 5 parts per billion is a danger to children in public schools.

  (b)   Definitions.  In this Section, the following words have the following meanings:

    Action level means a level of lead in water, which if exceeded, requires a school to take remedial action, notification, and follow-up-sampling.

    Director means the Director of the Department of Environmental Protection or the Director’s designee.

    Drinking water outlet means a potable water fixture that is used for drinking or food preparation. A drinking water outlet includes:

    (1)   a water fountain, faucet, or tap that is used or potentially used for drinking or food preparation;

    (2)   an ice-making machine;

    (3)   a hot drink machine; and

    (4)   any sink that is known to be used for human consumption.

    County lead limit means a lead concentration in drinking water of 5 parts per billion in a 250 milliliter first-draw.

    Public school means a school operated by the Montgomery County Board of Education or a public charter school established by the Montgomery County Board of Education.

    State regulations means the Code of Maryland Regulations, Title 26, Department of the Environment, Subtitle 16, Lead, Chapter 07, Lead in Drinking Water – Public and Nonpublic Schools, as amended.

  (c)   Action level.  A public school must:

    (1)   complete all testing and reporting required by the State regulations;

    (2)   submit a copy of all test results and reports required by the State regulations to the Director; and

    (3)   take the remedial action, notification, and follow-up sampling required for an elevated level of lead under the State regulations for any drinking water outlet with a lead concentration that is greater than the County lead limit.

### Article Ii. Smoking, Tobacco, and Nicotine.

**Sec. 24-9. Definitions; smoking and using electronic cigarettes in public places.**

  (a)   Definitions.  In this Article, the following words and phrases have the meanings indicated:

    Bus stop means a location that has been designated by a pole and appropriate signage as a place where passengers board or alight a bus.

    Bus stop area means a rectangular area surrounding a bus stop pole which extends 25 feet along the curb on each side of the pole and 15 feet from the curb.

    Eating and drinking establishment means an establishment regulated under Chapter 15.

    Electronic cigarette means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. Electronic cigarette includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. Electronic cigarette includes any component, part, or accessory of an electronic cigarette, whether or not sold separately, that is used during the operation of the electronic cigarette, but does not include any battery or battery charger that is sold separately.

    Enclosed means separated by walls that extend from floor to ceiling and under a roof.

    Health care facility means any office or institution where individual care or treatment of physical, mental, or emotional illness, or any other medical, physiological, or psychological condition is provided.  Health care facility includes any hospital, clinic, nursing home for the aging or chronically ill, laboratory, or office of any physician, dentist, psychologist, psychiatrist, physiologist, podiatrist, optometrist or optician.

    Outdoor serving area means a patio, deck, porch, or other outdoor seating or serving area, whether partially enclosed or open to the sky, that is permitted for outdoor eating or drinking under the control of an eating and drinking establishment.

    Person means any individual, firm, partnership, association, corporation, company, or organization of any kind.

    Public place means an enclosed area in which members of the public are normally invited or permitted.

    Public meeting means any meeting wherever held, open to the public with no membership requirement.

    Rail transit station means an area that:

    (1)   Includes the fare-paid and roofed areas;

    (2)   Is a regular stopping place for the pickup and discharge of passengers in regular route service, contract service, or special or community type service; and

    (3)   Is owned, operated, or controlled by the Washington Metropolitan Area Transit Authority.

    Retail store means any establishment whose primary purpose is to sell merchandise or food for consumption off the premises, directly to consumers.

    Smoking or smoke means the act of lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, or pipe, of any kind.

    Tobacco shop means any store that primarily sells tobacco, tobacco products and pipes or other implements used to smoke tobacco.  “Tobacco shop” does not include an area of a larger store in which tobacco is sold.

    Vape shop means any store that primarily sells electronic cigarettes. Vape shop does not include an area of a larger store in which electronic cigarettes are sold.

    Vaping or vape means the act of using an electronic cigarette.

    Workplace means an enclosed area or any part of an enclosed area used in the performance of employment or related activities.  Workplace includes a motor vehicle owned or leased by the employer, conference room, auditorium, library, office machine station, lunchroom, vending area, locker room, lounge, hallway, or stairwell.

  (b)   Smoking and vaping are prohibited in certain public places.  A person must not smoke or use any electronic cigarette in or on any:

    (1)   Elevator, regardless of capacity, except elevators in single-family dwellings as provided by state law;

    (2)   Health care facility, regardless of capacity, except:

      (A)   In the private, enclosed sleeping or living quarters of persons working in a health care facility where patients and members of the public are not normally present; and

      (B)   In patient sleeping quarters, if:

        1.   All patients assigned to the room have agreed to have the room designated as a smoking area;

        2.   The administrator of the facility, or a designee, has designated the room as a smoking area; and

        3.   A reasonable effort is made to assign patients to sleeping rooms according to the patient’s nonsmoking or smoking preference;

    (3)   School or other educational facility operated by the Montgomery County public schools or Montgomery College, except when expressly permitted under state law;

    (4)   Building or part of a building owned or leased by County government, and any private building or part of a building during a public meeting called by a government body;

    (5)   Theatre or movie theater;

    (6)   County government workplace, including any privately-owned workplace where County employees are regularly assigned;

    (7)   Rail transit station;

    (8)   Business or organization open to the public, including a retail store, bank, office, factory, eating and drinking establishment, or any other private business or organization;

    (9)   Restroom, except a restroom in a private residence;

    (10)   Enclosed auditorium, concert or lecture hall;

    (11)   property that is owned or leased by the County, including a bus shelter or bus stop area, but excluding any other part of a County right-of-way; or

    (12)   outdoor serving area, except as provided in paragraph (c)(9) or (e).

  (c)   Exceptions.  Smoking or vaping is not prohibited by this Section:

    (1)   In a tobacco shop or a vape shop;

    (2)   In a vehicle, when used in the course of employment and occupied by only one individual;

    (3)   When smoking or vaping is necessary to the conduct of scientific research into the health effects of tobacco smoke and is conducted at an analytical or educational laboratory;

    (4)   In any part of a private residence which is not open to the public for business purposes;

    (5)   In up to 40% of the sleeping rooms in a hotel or motel;

    (6)   In up to 40% of the premises of a fraternal, religious, patriotic, or charitable organization or corporation or fire company or rescue squad during an event that the organization or corporation holds on its own property and which is open to the public;

    (7)   In the bar and dining area of an eating and drinking establishment that:

      (A)   is a club as defined in the state alcoholic beverages law:

      (B)   has an alcoholic beverages license issued to private clubs under the state alcoholic beverages law; and

      (C)   allows consumption of alcoholic beverages on its premises;

    (8)   In any occupied residential unit owned or leased by the County for as long as the occupant on May 27, 2013 retains possession of the unit;

    (9)   On a golf course or in an outdoor seating area associated with a golf course if employees of an eating and drinking establishment do not serve food or drink in the outdoor seating area; and

    (10)   In an area designated by the Director of the Department of Health and Human Services under subsection (d).

  (d)   Notwithstanding paragraph (b)(11), the Director of the Department of Health and Human Services may designate an outside area on property that is owned or leased by the County where smoking or vaping is allowed if the Director finds that a complete prohibition on that property would impede a program’s mission or effective delivery of services.

  (e)   Outdoor serving areas.

    (1)   An eating and drinking establishment may designate a portion of an outdoor serving area that is on a rooftop or balcony where smoking or vaping is allowed.

    (2)   This paragraph does not apply in a municipality that prohibits smoking or vaping in an outdoor serving area.

  (f)   Posting signs.

    (1)   Except as provided in paragraph (e)(4), signs prohibiting or permitting smoking or vaping, as the case may be, must be posted conspicuously at each entrance to a public place covered by this Section.

    (2)   Where smoking or vaping is prohibited by this Section, the sign either must read “No smoking or vaping by order of Montgomery County Code § 24-9. Enforced by (department designated by the County Executive)” or be a performance- oriented sign such as “No Smoking or Vaping” or “This is a Smoke Free Establishment.”  The international no-smoking symbol may replace the words “No smoking.”

    (3)   Signs need not be permanently attached to a structure.  The owner and the person in control of the room or area are both responsible for posting the required signs.

    (4)   The Director of Health and Human Services may waive the requirement of paragraph (e)(1) on County property, or require a sign to be posted in another location, if the Director finds, after consulting with the Director of General Services, that posting a sign at an entrance is not feasible.

  (g)   Duty to prevent smoking in certain areas. The owner or person in control of a building or area covered by this Section must refuse to serve or seat any person who smokes or vapes where smoking or vaping is prohibited, and must ask the person to leave the building or area if the person continues to smoke or vape after proper warning.

  (h)   Optional smoking restrictions. The owner or person in control of any property not covered in subsection (b) or exempted under subsection (c) may prohibit or restrict smoking as provided in this Section by notifying, in writing, the department designated to enforce this Section and by posting appropriate signs.  The department must enforce the prohibition or restriction wherever signs are posted until the owner or person in control of the property notifies the department in writing that the owner or person in control has revoked the prohibition or restriction and removed all signs.

  (i)   Limitations.  This Section does not:

    (1)   allow any person to smoke at any place where smoking is otherwise restricted; or

    (2)   prevent an owner or person in charge from prohibiting smoking entirely at any business or workplace.

  (j)   Other laws still apply.

    (1)   This Section adds to, and does not replace or restrict, any other applicable federal, state, or County law or regulation.

    (2)   This Section does not allow smoking where smoking is restricted by any applicable fire prevention rule or regulation.

  (k)   Regulations.  The County Executive may adopt reasonable regulations under method (2) to enforce this Section.

  (l)   Enforcement and penalties.

    (1)   Any violation of this Article is a class C civil violation.  Each day a violation exists is a separate offense.

    (2)   The County Attorney or any affected party may file an action in a court with jurisdiction to enjoin repeated violations of the Section.

    (3)   The County Executive must designate by Executive order one or more County departments or agencies to enforce this Article.

    (4)   The Director of the Department of Health and Human Services may suspend a license issued under Chapter 15 for up to 3 days if the Director finds, under the procedures of Section 15-16, that the operator of an eating and drinking establishment has knowingly and repeatedly violated any provision of this Section.

  “Sec. 2. Severability; legislative intent. (a) The County Council intends that, if a court issues a final decision holding that any part of County Code Section 24-9, as amended by Section 1 of this Act, or the application of Section 24-9 to any person or circumstance, is unconstitutional or invalid, the remaining provisions of Section 24-9 and the application of that Section to all other persons and circumstances remain in full effect.  (b) Without limiting the generality of subsection (a), if the exemption from the prohibitions of Section 24-9 that is contained in subsection 24-9(c)(7), as inserted by Section 1 of this Act, is held to be unconstitutional or invalid on its face or as applied to any person or circumstance, then the Council intends that: (1) the exemption be severed from the remainder of Section 24-9; and (2) all provisions of Section 24-9, as otherwise amended by Section 1 of this Act, continue in effect and apply to all eating and drinking establishments, including those eating and drinking establishments that were exempted under subsection 24-9(c)(7), as inserted by Section 1 of this Act.”

  “Sec. 3. Marketing Assistance.  The Department of Economic Development must establish and administer a fund, subject to appropriation, to provide marketing assistance to County restaurants affected by the provisions of this law.  The Department must develop criteria for use of these funds and report to the Council quarterly on expenditures from the fund.”

**Sec. 24-10. Availability of Tobacco Products to Minors.**

  (a)   In order to reduce the accessibility of tobacco products to minors, a person must not install or maintain a vending machine which dispenses a tobacco product anywhere in the County except inside a private club that is licensed to serve alcoholic beverages.  A vending machine located inside any private club must not be placed in any restroom, coatroom, unmonitored hallway, outerwaiting area, or other unattended place.

  (b)   As used in this Section:

    (1)   minor means any person under 18 years old;

    (2)   tobacco product means any cigarette or cigar containing tobacco, pipe tobacco, smokeless or chewing tobacco, and any other product that contains tobacco; and

    (3)   vending machine means any electronic, mechanical, or other device that dispenses a tobacco product.

  (c)   Any violation of this Section is a Class A violation.  Both the owner of the vending machine and the owner of the business or residence in which the machine is located are responsible for complying with this Section.  The Health and Human Services Department and any other agency designated by the County Executive must enforce this Section.

**Sec. 24-11. Distribution of tobacco products and electronic cigarettes to certain persons.**

  (a)   Definitions.  In this Section the following words have the meanings indicated.

  Distribute means to:

    (1)   give away, sell, deliver, dispense, or issue;

    (2)   offer to give away, sell, deliver, dispense, or issue; or

    (3)   cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.

  Electronic cigarette has the same meaning as in Section 24-9.

  Tobacco product means any substance containing tobacco, including cigarettes, cigars, smoking tobacco, snuff, or smokeless tobacco.

  (b)   Unlawful distribution.

    (1)   A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes must not distribute any tobacco product, cigarette rolling paper, coupon redeemable for any tobacco product, or electronic cigarette to an individual under 21 years old, unless:

      (A)   the individual is acting solely as the agent of the minor’s employer who is engaged in the business of distributing tobacco products; or

      (B)   the individual is:

        (i)   at least 18 years of age;

        (ii)   is an active duty member of the military; and

        (iii)   presents a valid military identification.

    (2)   A person, who is not a person described under paragraph (b)(1), must not buy for, sell to, or deliver to an individual under 21 years old any tobacco product, cigarette rolling papers, or electronic cigarette, unless the individual under 21 years old is:

      (A)   at least 18 years of age;

      (B)   is an active duty member of the military; and

      (C)   presents a valid military identification.

  (c)   Subsection (b) does not apply to the distribution of a coupon which is redeemable for any tobacco product when the coupon is contained in a newspaper, a magazine, or any other type of publication in which the coupon is incidental to the primary purpose of the publication, or sent through the mail.

  (d)   A person has not violated this Section if:

    (1)   that person examined a driver’s license, military identification, or another valid identification issued by an employer, a government entity, or an institution of higher education; and

    (2)   that license or other identification positively identified the buyer or recipient of a tobacco product or electronic cigarette as at least 21 years old or is at least 18 years old and has a valid military identification.

  (e)   If an individual under 21 years old bought a tobacco product or electronic cigarette from a vending machine, this Section does not apply to the owner of the vending machine or any other person with control over the vending machine.

  (f)   A person who violates this Section is liable for a civil violation. The maximum civil fine is $1000 for a first offense and $1000 for each subsequent offense.

**Sec. 24-12. Tobacco and electronic cigarette products – placement.**

  (a)   Placement.  A retail seller of any tobacco or electronic cigarette product must not display or store the product in any place that is accessible to buyers of the product without the intervention of the seller or an employee of the seller.

  (b)   Definitions.  Tobacco product means any substance containing tobacco, including cigarette, cigars, smoking tobacco, snuff, or smokeless tobacco.

  (c)   Applicability.  This Section does not apply to:

    (1)   the sale of any tobacco or electronic cigarette product from a vending machine that complies with all requirements of state law; and

    (2)   any store where only or primarily tobacco or electronic cigarette products are sold.

**Sec. 24-13.  Use and possession of tobacco products or electronic cigarettes by certain persons prohibited.**

  (a)   Prohibition. A person under 21 years old must not use or possess a tobacco product or an electronic cigarette unless that person is:

    (1)   at least 18 years of age;

    (2)   is an active duty member of the military; and

    (3)   presents a valid military identification.

  (b)   Penalties. Notwithstanding Section 24-9(l), the monetary penalty for a violation of this Section is $0.00.

**Sec. 24-14. Child Resistant Packaging of Liquid Nicotine Container Required.**

  (a)   Definitions. In this Section, the following words have the meanings indicated:

    Child resistant packaging means packaging that is:

    (1)   designed or constructed to be significantly difficult for children under 5 years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time;

    (2)   not difficult for normal adults to use properly; and

    (3)   tested in accordance with the method described in Code of Federal Regulations, Title 16, Section 1700.20, as in effect on March 3, 2015.

    Child resistant packaging does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.

    Liquid nicotine container means a container that is used to hold liquid containing nicotine in any concentration.

  (b)   Child resistant packaging required. A retail seller of any liquid nicotine or liquid nicotine container must not sell, resell, distribute, dispense, or give away:

    (1)   any liquid or gel substance containing nicotine unless the substance is in child resistant packaging; or

    (2)   any nicotine liquid container unless the container constitutes child resistant packaging.

  (c)   Exceptions. This Section does not apply to a liquid nicotine container that is sold, marketed, or intended for use in an electronic cigarette if the container is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.

**Sec. 24-15. Distribution of electronic cigarettes near certain schools.**

  (a)   Definition. In this Section, the following words have the meanings indicated:

  Distribute means to:

    (1)   give away, sell, deliver, dispense, or issue;

    (2)   offer to give away, sell, deliver, dispense, or issue; or

    (3)   cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.

  Manufacturer means an electronic smoking devices manufacturer as defined in Section 16.7-101 of the Business Regulations Article of the Maryland Code.

  (b)   Unlawful distribution. A manufacturer must not distribute any electronic cigarette to any retail store within 0.5 miles of any middle school or high school in the County.

**Sec. 24-16. Distribution of flavored electronic cigarettes.**

  (a)   Definition. In this Section, the following words have the meanings indicated:

  Characterizing flavor means a distinguishing taste or aroma, other than the taste or aroma of tobacco, imparted either before or during use of an electronic cigarette or component part. Characterizing flavor includes any taste or aroma relating to any fruit, mint, menthol, wintergreen, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. However, an electronic cigarette is not deemed to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.

  Constituent means any ingredient, substance, chemical, or compound, other than nicotine, tobacco, water, or reconstituted tobacco sheet, that is added by the manufacturer to an electronic cigarette during the processing, manufacture or packing of the electronic cigarette.

  Distribute means to:

    (1)   give away, sell, deliver, dispense, or issue;

    (2)   offer to give away, sell, deliver, dispense, or issue; or

    (3)   cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.

  Flavored electronic cigarette means any electronic cigarette or any component part thereof that contains a constituent that imparts a characterizing flavor.

  Manufacturer means an electronic smoking devices manufacturer as defined in Section 16.7-101 of the Business Regulations Article of the Maryland Code.

  (b)   Unlawful distribution. A manufacturer must not distribute any flavored electronic cigarette to any retail store within 0.5 miles of any elementary, middle, or high school, library,, or recreational facility in the County.

**Secs. 24-17 — 24-21. Reserved.**

### Article Iii. Health Planning.

**Sec. 24-22. Policy.**

  (a)   It is the policy of Montgomery County to protect and promote the public health and safety and general welfare by fostering the development of a health care system that provides financial and geographic access to quality culturally and linguistically competent health care at a reasonable cost for all County residents.  To accomplish this purpose, it is essential that plans for maintaining the health of County residents and developing health services to meet the current and future health needs of County residents be prepared, programs to implement these plans be developed and executed, and proposed developments or alterations of health services be publicly reviewed and commented on. Health planning should address the overall health status of County residents, health disparities within social, economic, geographic, racial and ethnic groups, and the effects of social determinants of health on County residents.

  (b)   This article is intended to organize the manner in which the country conducts its health planning activities.

**Sec. 24-23. Commission on Health.**

  (a)   The Montgomery County Commission on Health is established.

  (b)   In this article, “commission” means the Montgomery County Commission on Health.

  (c)   The county executive appoints the commission, subject to confirmation by the county council.

  (d)   The commission must broadly represent the social, economic, linguistic, geographic, cultural and racial characteristics of Montgomery County.

  (e)   The commission consists of:

    (1)   Nineteen (19) voting members representing a cross-section of consumers and providers of health care, who are drawn from such populations as the disabled, the elderly, minority groups, the general population, physicians, other health professionals, health care institutions, health care insurers, health maintenance organizations, health professional schools, and the allied health professions.  One (1) member must be a member of the Montgomery County Medical Society.  The majority of the members must not be providers of health services.

    (2)   Two nonvoting ex officio members, of whom:

      (A)   One is a member of the County Council or the Council’s designated representative, if the Council designates a Councilmember or Council representative; and

      (B)   One is the County health officer.

  (f)   Each commission member must reside or have a primary place of business in Montgomery County.

  (g)   The commission must elect a chair from among its members:

    (1)   Whose term is one (1) year; and

    (2)   Who may be reelected.

  (h)

    (1)

      (3)   The term of an appointed member is three (3) years.  Each term begins on July 1 of the year of appointment.  Of the members first appointed, one-third must be appointed for a one-year term, one-third must be appointed for a two-year term and one-third must be appointed for a three-year term.

    (2)   At the end of a term, an appointed member continues to serve until a successor is confirmed.

    (3)   A member who is appointed after a term has begun serves only for the rest of the term and until a successor is confirmed.

**Sec. 24-24. Functions.**

  (a)   To advise the County Executive and the County Council, the Commission must:

    (1)   Periodically review available County public health programs, services, and facilities and data on the health status of the County population and subgroups within it;

    (2)   Comment on gaps, deficiencies, or duplication in County public health programs, services, and facilities, including health status disparities and inequities;

    (3)   Report each year to the County Executive on the performance of the Health and Human Services Department’s public health programs, actions needed to improve the programs, and the priorities within which the improvements should be made;

    (4)   Comment on the proposed allocation of funds to County public health programs in accordance with the Department’s priorities, considering the available financial resources and the need for health cost containment;

    (5)   Advise on local public health planning needs based on health status data;

    (6)   Comment on the appropriateness of institutional health services proposed to be offered in the County and the metropolitan area by the private sector and nonprofit, state, or other public sector agencies;

    (7)   Advise on the development of statewide criteria and standards for certificates of need and health planning, considering the regional impact when appropriate.

  (b)   The Commission must report to and meet with the County Council, sitting as the County Board of Health, at least annually, on the programs and policies within its purview.

  (c)   To ensure its smooth and efficient functioning, the commission must adopt bylaws.

**Sec. 24-25. Meetings.**

  (a)   The commission must meet at least quarterly.  Once a year, the chair must set a meeting schedule for the coming year with the approval of the commission.

  (b)   A meeting may be convened at the request of two-thirds of the members.

  (c)   A majority of the members constitutes a quorum for the transaction of business.

  (d)   A majority vote of the members present is sufficient to take any action

**Sec. 24-26. Compensation.**

  Members are not compensated for serving on the commission

**Sec. 24-27. Advocacy.**

  The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-28. Staff support.**

  The Department of Health and Human Services must provide appropriate support for the Commission in order to assist in carrying out the Commission’s responsibilities.

**Secs. 24-29—24-33. Reserved.**

### Article Iv. Mental Health.

**Sec. 24-34. Mental Health Advisory Committee—Established; composition; appointment; terms; ex officio members.**

  (a)   There is a County Mental Health Advisory Committee.

  (b)   The Committee has 19 voting members and at least 3 nonvoting ex officio members.

    (1)   The voting members are:

      (A)   7 individuals selected from or representing:

        (i)   the County Executive;

        (ii)   the County Council;

        (iii)   the County public schools;

        (iv)   the practicing physicians in the County;

        (v)   mental health professionals in the County who are not physicians;

        (vi)   the clergy in the County;

        (vii)   the legal profession in the County;

        (viii)   a local law enforcement agency;

        (ix)   a local general hospital that contains an inpatient psychiatric unit;

        (x)   the Area Agency on Aging;

        (xi)   the Department of Juvenile Services;

        (xii)   the Department of Health and Human Services; and

        (xiii)   a local community rehabilitation or housing program;

      (B)   4 individuals who are currently receiving or have in the past received mental health services;

      (C)   3 parents or other relatives of adults with mental disorders;

      (D)   3 parents or other relatives of children or adolescents with emotional, behavioral, or mental disorders, the onset of which occurred during childhood or adolescence;

      (E)   a representative from the local mental health association; and

      (F)   a member of the general public.

    (2)   The ex officio, nonvoting members are the following individuals or their designees:

      (A)   the State Mental Hygiene Administration Regional Mental Health Director who serves the County;

      (B)   a representative of a State inpatient facility that serves the County;

      (C)   Director of the County Department of Health and Human Services; and

      (D)   if there are designated State inpatient beds located in County general hospitals, a representative from those facilities.

  (c)   A committee member must not receive direct or indirect monetary benefits from State Department of Health and Mental Hygiene grants or contracts, except local general hospitals that contain a clinic or State designated inpatient beds, a local community rehabilitation or housing program, and the representative from the County mental health association.  In this Section, monetary benefits do not include reimbursement for ordinary expenses, such as travel, or compensation received by a government employee.

  (d)   Each member is appointed for a 3-year term.  A member appointed to complete an unexpired term serves until a successor is appointed and qualifies.  The Executive appoints voting members subject to confirmation by the Council.  The State Director of Mental Hygiene appoints the representative of the State inpatient facility under State law.  A voting member who has served 2 consecutive full terms must not be reappointed for 2 years after completing those terms.

**Sec. 24-35. Officers; subcommittees.**

  (a)   The members elect the officers of the Committee annually.  The Chair of the Committee may not be the same person for more than 2 consecutive years.

  (b)   The Committee may create subcommittees.  A subcommittee may include persons who are not members of the Committee.  However, the Chair of the subcommittee must be a member of the Committee.

**Sec. 24-36. Meetings; quorum; voting; bylaws.**

  (a)   The Committee meets in public session on call by the Chair as often as required to perform its duties.  The Committee must meet at least 6 times each year.  A regular or special meeting of the Committee must also be convened at the request of two-thirds of the voting members of the Committee.  The Chair must give reasonable advance notice of all meetings to members of the Committee and the general public.

  (b)   A majority of the voting members of the Committee is a quorum to transact business.

  (c)   The Committee may adopt bylaws to govern its activities.

**Sec. 24-37. Reserved.**

**Section 24-38. Duties.**

  The duties of the Mental Health Advisory Committee are:

  (a)   monitor, review, and evaluate the allocation and adequacy of publicly-funded mental health services within the County through means such as conducting or participating in site visits;

  (b)   determine the needs of the County mental health system, including quality of services, gaps in the system, and interagency coordination;

  (c)   participate in the development of the local mental health plan and local mental health budget;

  (d)   prepare an annual report which must include:

    (1)   a description of the progress of the County mental health system;

    (2)   recommendations on actions needed to improve the system;

    (3)   recommendations on priorities for allocation of funds; and

    (4)   recommendations on appropriate allocation of funds consistent with established priorities and available funds;

  (e)   disseminate the annual report to the:

    (1)   Director of the Department of Health and Human Services;

    (2)   County Council;

    (3)   County Executive;

    (4)   State Mental Hygiene Administration’s Regional Mental Health Director;

    (5)   Director of Mental Hygiene Administration;

    (6)   Secretary of the Department of Health and Mental Hygiene; and

    (7)   Maryland Advisory Council on Mental Hygiene; and

  (f)   review and comment on the annual mental health plan and preliminary budget for the State mental health grant to the County; and

  (g)   review and comment on the annual budget for mental health services of the Department of Health and Human Services.

**Sec. 24-39. Advocacy.**

  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-40. Staff support.**

  The Department of Health and Human Services provides staff support to the Committee.

### Article V. Alcohol and Other Drug Addiction Advisory Council.

**Sec. 24-41. Members; appointment.**

  (a)   Members.  The County Executive must appoint, subject to confirmation by the County Council, an Alcohol and Other Drug Addiction Advisory Council.  The Council consists of 16 voting members and 9 nonvoting members.

  (b)   Voting members.  The County Executive should appoint the voting members so that they include:

    (1)   4 members of the general public that reflect the geographic diversity of the County;

    (2)   an individual who is recovering from alcoholism or other drug addiction;

    (3)   a professional who treats alcoholism or other drug addiction;

    (4)   a professional who provides care to prevent alcoholism or other drug addiction;

    (5)   a person of high school age or younger;

    (6)   a person who represents the multi-cultural diversity of the County;

    (7)   a practicing physician;

    (8)   a pharmacist;

    (9)   a relative of an individual who is receiving care for alcoholism or other drug addiction; and

    (10)   a member of:

      (A)   the clergy;

      (B)   the legal profession;

      (C)   the County parent-teachers associations; and

      (D)   the business community.

  (c)   Nonvoting members.  The following should each designate one nonvoting ex-officio member of the Council:

    (1)   County Executive;

    (2)   County Council;

    (3)   Health and Human Services Department;

    (4)   Police Department;

    (5)   Montgomery County Public School System;

    (6)   Board of License Commissioners;

    (7)   Department of Corrections and Rehabilitation;

    (8)   Mental Health Advisory Committee; and

    (9)   Victims Services Advisory Board.

  (d)   Removal of members.  Section 2-148(c) applies only to voting members of the Council.

**Sec. 24-42. Officers; subcommittees; meetings; bylaws; staff.**

  (a)   Officers.  The Council must elect a Chair annually.  The Council may select other officers annually as it finds appropriate.  A member must not serve as Chair for more than 2 consecutive years.

  (b)   Subcommittees.  The Council may establish subcommittees that may include persons who are not members of the Council.  However, the Chair of each subcommittee must be a member of the Council.

  (c)   Meetings.  The Council meets at the call of the Chair as often as required to perform its duties, but at least 9 times each year.  The Council must also meet if two-thirds of the voting members request in writing that a meeting be held.  The Chair must give reasonable advance notice of all meetings to members of the Council and the general public.  A majority of the voting members are a quorum to transact business.

  (d)   By-laws.  The Council may establish by-laws to govern its activities.

  (e)   Staff.  The Department of Health and Human Services must provide the Council with staff support.

**Sec. 24-43. Duties of the Council.**

  The Council must:

  (a)   identify local alcohol and other drug addiction program needs, after receiving the advice of the Director of the Department of Health and Human Services by June 1 of each year;

  (b)   review the state alcohol and other drug addiction plan;

  (c)   assist in the development of an annual County alcohol and other drug addiction plan;

  (d)   recommend appropriate allocation of funds to support alcohol and other drug addiction programs after considering other available funding sources;

  (e)   promote alcohol and other drug addiction programs;

  (f)   conduct or participate in one or more public forums each year concerning alcoholism and other drug addiction; and

  (g)   issue an annual report to the County Executive, County Council, and Director of the Department of Health and Human Services by October 1 of each year.  The report must:

    (1)   evaluate the progress of local alcohol and other drug addiction programs;

    (2)   identify actions needed to improve local alcohol and other drug addiction programs; and

    (3)   outline goals of the Council for the following year.

**Sec. 24-44. Advocacy.**

  The Council must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-45—24-46. Reserved.**

### Article Vi. Advisory Board for Montgomery Cares Program.

**Sec. 24-47. Definitions.**

  In this article the following words have the meanings indicated;

  Area median income means the median household income for the Washington-Arlington-Alexandria, DC-VA-MD HUD Metro FMR Area as estimated by the U.S. Department of Housing and Urban Development, adjusted by household size, or its successor.

  Board means the Advisory Board for the Montgomery Cares Program.

  Department means the Department of Health and Human Services.

  Low-income means 80% or less of area median income.

  Program means the Department’s health care delivery system that provides primary medical care and other essential health care and related services, through public/private partnerships, to low-income, uninsured, and underinsured residents of the County.

**Sec. 24-48. Established.**

  There is an Advisory Board for the Montgomery Cares Program.

-----------

**Sec. 24-49. Mission**

  The Board’s mission is to advise and recommend policies that ensure access to high quality, efficient health care and related services for low-income, uninsured, and underinsured County residents.

**Sec. 24-50. Members; appointments; terms.**

  (a)   Total members.  The Board has 19 members.

  (b)   Ex officio members.  Subject to confirmation by the County Council, the County Executive should appoint the following individuals to serve as ex officio members of the Board:

    (1)   The County Health Officer or Officer’s designee; and

    (2)   The Chief of the Department’s Behavioral Health and Crisis Service or the Chief’s designee.

  (c)   Other members.  Subject to confirmation by the County Council, the County Executive should appoint the following individuals to serve on the Board:

    (1)   2 representatives of community health care providers that participate in the Program;

    (2)   1 representative of hospitals that participate in the Program;

    (3)   The chair of the Board of Directors of the entity that contracts with the Department to administer the distribution of funds for the delivery of Program services or the chair’s designee;

    (4)   5 members of the public;

    (5)   4 individuals who have knowledge of and experience with issues relating to health care for uninsured individuals such as primary care, specialty care, dental care, behavioral health care, or fiscal matters relating to any of these types of care;

    (6)   1 representative of the Commission on Health;

    (7)   1 representative of the County Medical Society; and

    (8)   2 current or former recipients of services under the Program.

  (d)   Terms.  A member appointed under subsection (c) serves a 3-year term.

  (e)   Appointments; removal.  Section 2-148 does not apply to members appointed under subsection (b).

  (f)   Conflicts of Interest.

    (1)   Section 19A-11(a) does not apply to a member appointed under subsection (c).

    (2)   A member appointed under subsection (c) must publicly disclose to the Board the nature and circumstances of any conflict before voting on any Board recommendation.

**Sec. 24-51. Voting; chair and vice chair; meetings; compensation.**

  (a)   Voting.  All members of the Board are voting members.

  (b)   Chair and vice chair.  The members of the Board must elect a chair and vice chair by majority vote to serve a 1-year term.

  (c)   Meetings.  The Board must meet at least 10 times each year.

  (d)   Compensation.  Except as provided in subsection (e), a member must serve without compensation.

  (e)   Expenses.  A member may request reimbursement for mileage and dependent care costs at rates established by the County.

**Sec. 24-52. Duties and staff.**

  (a)   Duties.  The Board may advise the County Executive, County Council, and Department on any matter relating to the goal of ensuring a steady and measurable improvement in accessibility of low-income, uninsured, and underinsured County residents accessing high quality health care services, including:

    (1)   Eligibility criteria for participating health care providers;

    (2)   Eligibility criteria for individuals served by the Program;

    (3)   The method for allocating Program funds;

    (4)   The method of distributing funds to participating health care providers;

    (5)   The Program budget;

    (6)   Growth targets and resources needed to meet those targets;

    (7)   Assistance to eligible individuals to obtain State and federal health care coverage;

    (8)   Policies and practices to maximize the use of County funds for direct services to clients;

    (9)   Evaluation of policies and programs to improve access to health care and related services for low-income, uninsured, and underinsured County residents;

    (10)   Strategic planning in support of the Health Care for the Uninsured programs administered by the Department, including:

      (A)   Montgomery Cares;

      (B)   Care for Kids;

      (C)   Maternity Partnership;

      (D)   the Department’s Dental Services; and

      (E)   Health Care for the Homeless; and

    (11)   Health care services provided to low income, uninsured, and underinsured County residents, including primary care, specialty care, dental care, behavioral health, and ancillary services.

  (b)   Report.  The Board must submit an annual report to the County Executive, County Council, and Department on its activities, findings, and recommendations.

  (c)   Consideration of findings and recommendations.  The County Executive, County Council, and Department must give serious consideration to the findings and recommendations of the Board.

  (d)   Staff.  The Department must provide appropriate staff for the Board.

**Sec. 24-53. Reserved.**

### Article Vii. Victim Services Advisory Board.

**Sec. 24-54. “Board” defined.**

  In this article, “Board” means the Victim Services Advisory Board.

**Sec. 24-55. Established.**

  Under Part III of Title 8 of the Health General Article of the Maryland Code, this Article establishes the board.

**Sec. 24-56. Membership.**

  (a)   The Board is appointed by the County executive, subject to confirmation by the County Council.

  (b)   The Board consists of:

    (1)   Nineteen voting members who are residents of Montgomery County, of whom:

      (A)   Five are from among the mental health, legal, medical, dental, and nursing professions;

      (B)   Ten may be members of the listed professions but represent the community as a whole; and

      (C)   One should be a member of the clergy; and

    (2)   Four nonvoting ex officio members, of whom:

      (A)   One is the Director of the Department of Health and Human Services;

      (B)   One is a representative of the State’s Attorney;

      (C)   One is a representative of the Public Defender; and

      (D)   One is a representative of the Police Department.

  (c)   The Board must elect a chairman from among its members:

    (1)   Whose term is one year; and

    (2)   Who may be reelected.

  (d)

    (1)   The term of an appointed member is 3 years.

    (2)   A member ordinarily serves no more than 2 terms.

    (3)   The terms of appointed members are staggered.

    (4)   At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

    (5)   A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

  (e)   If a vacancy occurs, the County Executive must appoint a successor, subject to confirmation by the County Council, within 60 days of the vacancy.

**Sec. 24-57. Meetings.**

  (a)   The Board must meet at least quarterly.  Once a year, the chairman must set a meeting schedule for the coming year with the consent of the Board.

  (b)   A meeting of the Board may also be convened at the request of two-thirds of the members of the Board.

  (c)   A majority of the members of the Board constitutes a quorum for the transaction of business.

  (d)   A majority vote of those present is sufficient for any action taken by the Board.

**Sec. 24-58. Compensation.**

  Members do not receive compensation for serving on the Board.

**Sec. 24-59. Duties of the Board.**

  (a)   With the advice and assistance of the Department of Health and Human Services, the Board must:

    (1)   Periodically review available services and facilities for victims and their families;

    (2)   Determine the needs of the victim and family services program;

    (3)   Each year, submit at least one report to the County Executive and the County Council on the progress of programs to victims and their families and of actions needed to improve those programs;

    (4)   Make recommendations for appropriate allocation of funds in accordance with agreed upon priorities and consideration of financial resources;

    (5)   Assist the Director of the Department in the development of the annual victim services and families plan;

    (6)   Provide input to the Governor’s victim services program;

    (7)   Act as a local advocate for victim services programming; and

    (8)   Facilitate communication with the Alcohol and Other Drug Addiction Advisory Council and the Mental Health Advisory Committee by sharing minutes with those committees.

  (b)   The Board may:

    (1)   Review and comment on all local new and renewal State grant applications;

    (2)   Review and comment on all local federal grant applications for victims service and family programs;

    (3)   Participate in program evaluations; and

    (4)   Review the State program services plan.

**Sec. 24-60. Advocacy.**

  The Board must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-60A. Staff support.**

  The Director of the Department of Health and Human Services must:

  (1)   Provide staff services and administrative support to the Board; and

  (2)   Facilitate in every way possible the work of the Board.

### Article Viii. Commission on Veterans Affairs.

**Sec. 24-61. Commission on Veterans Affairs.**

  (a)   Definition.  In this Section “Commission” means the Commission on Veterans Affairs.

  (b)   Established.  The County Executive must appoint, subject to confirmation by the Council, a Commission on Veterans Affairs.

  (c)   Composition; Term.

    (1)   The Commission has 16 voting members.

    (2)   The Executive should appoint 9 members who are veterans and may be a member of a veterans group, such as:

      (A)   Vietnam Veterans of America;

      (B)   American Veterans (AMVETS);

      (C)   Disabled American Veterans;

      (D)   Veterans of Foreign Wars;

      (E)   Women Veterans of America;

      (F)   American Legion; or

      (G)   Military Order of the Purple Heart.

    (3)   The Executive must appoint 4 members to represent the general public.

    (4)   The Executive must designate the following ex officio members:

      (A)   the Director of the Department of Health and Human Services, or the Director’s designee;

      (B)   the County Executive or the Executive’s designee; and

      (C)   the President of Montgomery College or the President’s designee.

    (5)   The Executive must invite a representative of the County’s Congressional delegation who is either a member of the delegation or an individual designated to represent the delegation to be a non-voting member of the Commission.

    (6)   The Executive must appoint a member of the Commission on People with Disabilities as a non-voting member.

    (7)   The term of each member is 3 years.

    (8)   The Executive must designate a chair and a vice-chair from among the Commission’s members.

    (9)   After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

  (d)   Duties.  The Commission should:

    (1)   research, assemble, analyze and disseminate information and educational materials relating to activities and programs that will assist in meeting the needs of veterans and their families;

    (2)   institute and conduct educational and other programs, meetings, and conferences to promote the rights and opportunities for veterans;

    (3)   advise the Executive and the Council on the status of programs and services in the State and County related to the needs of veterans and their families; and

    (4)   assist in planning appropriate public acknowledgment of the contributions made by veterans and assist in planning commemoration activities recognizing the contributions made by veterans.

  (e)   Staff support.  The Department of Health and Human Services must provide staff support to the Commission.

  (f)   Meetings.  The Commission meets at the call of the Chair.  The Commission must meet as often as necessary to perform its duties, but not less than 9 times each year.

  (g)   Compensation.  A member must serve without compensation.  However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (h)   Annual Report.  By October 1 each year, the Commission must submit to the Executive and Council, and any other appropriate agency, an annual report on its functions, activities, and accomplishments.

  (i)   Advocacy.  The Commission must not engage in any advocacy activity at the state or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

### Article Ix. Interagency Commission on Homelessness.

**Sec. 24-62. Legislative findings and statement of policy.**

  (a)   The County has a goal to ensure that everyone has a home in the County, and that homelessness will be rare, brief, and non-recurring. In order to achieve this goal, the County will:

    (1)   end homelessness among veterans;

    (2)   end homelessness among chronically homeless individuals;

    (3)   end homelessness among families with children;

    (4)   end homelessness among unaccompanied youth;

    (5)   end homelessness among seniors; and

    (6)   end homelessness among all individuals in the County.

  (b)   The County Council finds that ending and preventing homelessness require substantial coordination and cooperation among federal, state, and local governments, as well as private sector service providers and community organizations.

  (c)   Montgomery County Continuum of Care is a group of governmental entities and community representatives that carries out the responsibilities of the Continuum of Care program established pursuant to the federal Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (the HEARTH Act).

  (d)   The County Council intends that the Interagency Commission on Homelessness established under this Article be constituted and function in such a manner that it may serve as the governing board of Montgomery County Continuum of Care, and in serving this function comply with applicable federal regulations governing the Continuum of Care program.

**Sec. 24-63. Definitions.**

  When used in this Article:

  Commission means the Interagency Commission on Homelessness.

  Continuum of Care means a community program, established under the HEARTH Act, to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and maximum self-sufficiency.

  End homelessness or ending homelessness means:

    (1)   reaching functional zero for an identified type of homelessness; and

    (2)   having systems in place adequate to house all individuals entering homelessness during a specific time period.

  Housing First Initiative means a public policy approach to homeless assistance that:

    (1)   prioritizes providing permanent housing to people experiencing homelessness;

    (2)   reduces barriers to accessing housing and other key services; and

    (3)   is guided by the theories that:

      (A)   people need basic necessities like food and housing before attending to other needs, such as employment, budgeting, or substance abuse treatment;

      (B)   client choice is valuable in housing selection and supportive service participation; and

      (C)   exercising a choice in housing is likely to make a client more successful in remaining housed and improving the client’s life.

**Sec. 24-64. Established.**

  The Executive must appoint, subject to confirmation by the Council, an Interagency Commission on Homelessness.

**Sec. 24-65. Members.**

  (a)   The Commission has 25 members.

  (b)   The Executive must appoint the following to serve as ex officio members:

    (1)   Director of the Department of Health and Human Services or the Director’s designee;

    (2)   Chief of Services to End and Prevent Homelessness of the Department of Health and Human Services or the Chief’s designee;

    (3)   Director of the Department of Housing and Community Affairs or the Director’s designee; and

    (4)   A representative from the Office of the County Executive.

  (c)   The Executive must invite the following to serve as ex officio members:

    (1)   A Councilmember or staff member of the County Council, selected by the Council President;

    (2)   Executive Director of the Housing Opportunities Commission or the Executive Director’s designee; and

    (3)   A member of the County Legislative Delegation selected jointly by the Chairs of the House and Senate Delegations.

  (d)   The Executive must appoint 4 members who are representatives of government agencies.

  (e)   The Executive must appoint 4 members who are representatives of homeless service organizations that:

    (1)   prevent homelessness or assist homeless families, single adults, or youth; or

    (2)   help households to exit homelessness and maintain stable, permanent housing.

  (f)   The Executive must appoint 4 members who are representatives of private organizations that provide behavioral health, children and family services, healthcare, domestic violence services, aging and senior services, disability services, or veterans’ services.

  (g)   The Executive must appoint:

    (1)   At least 1 member who is a homeless or formerly homeless resident of Montgomery County;

    (2)   at least 1 member who is a representative of a hospital or other other healthcare provider located in Montgomery County;

    (3)   at least 1 member who is a representative of a private philanthropic organization or foundation; and

    (4)   at least 1 member who is a representative of an affordable housing developer.

  (h)   The Executive must appoint 2 members of the general public who are residents of the County.

  (i)   The term of each non-ex officio member is 3 years.  If a member is appointed to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

  (j)   Recommendations by the Commission.

    (1)   The Commission may recommend to the Executive persons to serve on the Commission under subsections (d), (e), and (f).

    (2)   The Executive should appoint members under subsections (d), (e), and (f) from among the persons recommended by the Commission.

**Sec. 24-66. Voting, officers, chairs, meetings, compensation; committees.**

  (a)   Each member of the Commission is a voting member.

  (b)   The Commission must elect a Chair and Vice Chair from among its members.

  (c)   The Commission must meet at least 4 times each year.

  (d)   A majority of the members of the Commission constitutes a quorum for the transaction of business.

  (e)   A member serves without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (f)   The Commission may establish 1 or more committees to assist in carrying out any function of the Commission.  Any committee action is not the action of the Commission and must not bind the Commission or its members.  A committee may consult a person who is not a member of the Commission.

  (g)   The Commission must establish a governance committee to ensure effective coordination of the Continuum of Care.  The governance committee must:

    (1)   be co-chaired by the Chair of the Commission and the member appointed under Section 24-65(b)(2); and

    (2)   include the member appointed under Section 24-65(b)(3) and a representative of each committee established under subsection (f).

**Sec. 24-67. Duties.**

  The Commission must:

  (a)   promote a community-wide goal to end and prevent homelessness;

  (b)   develop a strategic plan to prevent and end homelessness and minimize the trauma and dislocation caused to homeless families and individuals;

  (c)   review and monitor any program that is a component of the Continuum of Care and Housing First Initiative, including:

    (1)   permanent housing, including permanent supportive housing and rapid re-housing;

    (2)   transitional housing;

    (3)   supportive services;

    (4)   homeless management information system;

    (5)   homelessness prevention;

    (6)   emergency shelter; and

    (7)   outreach;

  (d)   recommend to the Executive and Council any improvements to local policies to end and prevent homelessness;

  (e)   educate the community about homelessness, best practices to end and prevent homelessness, resources needed to end and prevent homelessness, and long term savings that are achieved by providing permanent stable housing;

  (f)   recommend and promote partnerships with any private organization, business, corporation, philanthropic organization or foundation, and any municipal, state, or federal government agency to improve the County’s ability to prevent and end homelessness; and

  (g)   establish procedures for the effective coordination of the Continuum of Care.

**Sec. 24-68. Annual report.**

  By November 30 of each year, the Commission must submit to the Executive and Council a report that:

  (a)   provides data and trends regarding homelessness, including data from the Council of Government’s Point-in-Time survey;

  (b)   identifies gaps in the Continuum of Care that prevent or impede the County’s ability to address needs identified through the review of data on homelessness;

  (c)   makes recommendations for the capital and operating budget;

  (d)   makes recommendations for any legislative or regulatory changes needed to implement the Continuum of Care strategic plan; and

  (e)   reports on any educational or public outreach activities undertaken during the preceding year.

**Sec. 24-69. Advocacy.**

  The Commission must not engage in any legislative advocacy at the state or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 24-70. Staff.**

  The Chief Administrative Officer must provide appropriate staff within the Department of Health and Human Services to staff the Commission.

### Article X. Intellectual and Developmental Disabilities Commission.

**Sec. 24-71. Definitions and Policy Statement.**

  (a)   Definitions. The following terms have the meanings indicated.

    Commission means the Intellectual and Developmental Disabilities Commission established under this Article.

    Intellectual and developmental disabilities or IDD means a severe, chronic disability of an individual that:

    (1)   is attributable to a mental or physical impairment or combination of mental and physical impairments;

    (2)   is manifested before the individual attains age 22;

    (3)   is likely to continue indefinitely;

    (4)   reflects the individual’s need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated; and

    (5)   results in the substantial functional limitations in 3 or more of the following areas of major life activity:

      (A)   self-care;

      (B)   receptive and expressive language;

      (C)   learning;

      (D)   mobility;

      (E)   self-direction;

      (F)   capacity for independent living; and

      (G)   economic self-sufficiency.

  (b)   Policy statement.

    (1)   Montgomery County is committed to creating an inclusive community for people with IDD so that they are afforded every opportunity to live a life of their choosing with the supports needed to participate fully in the life of the County.

    (2)   It is the public policy of the County to:

      (A)   promote and initiate ongoing community input to support the needs of individuals with intellectual and developmental disabilities;

      (B)   improve communication about programs and services among those with IDD and their families, advocates, support staff, public and private agencies, and the general public;

      (C)   identify service needs and inform decisions on services for individuals with intellectual and developmental disabilities; and

      (D)   work towards improving accessibility to services for individuals with intellectual and developmental disabilities.

**Sec. 24-72. Commission established.**

  There is an Intellectual and Developmental Disabilities Commission.

**Sec. 24-73. Membership; appointment; terms.**

  (a)   The Commission consists of 19 voting members and 6 non-voting members.

  (b)   The voting members are appointed by the County Executive, subject to Council confirmation, and must include:

    (1)   2 individuals with IDD;

    (2)   9 family members, guardians, or support staff of individuals with IDD;

    (3)   7 individuals representing service providers or advocacy organizations that support individuals with IDD; and

    (4)   1 member of the Commission on People with Disabilities.

  (c)   The non-voting members are designees of the following agencies:

    (1)   Department of Health and Human Services;

    (2)   Department of Recreation;

    (3)   Montgomery County Public Schools;

    (4)   Montgomery College;

    (5)   WorkSource Montgomery; and

    (6)   Maryland Developmental Disabilities Administration.

**Sec. 24-74. Duties.**

  The Commission must:

  (a)   promote direct communication among families, support staff, private and public organizations, and the general public regarding programs and services for individuals with intellectual and developmental disabilities;

  (b)   institute and conduct educational and other programs, meetings, and conferences to promote the welfare of individuals with intellectual and developmental disabilities;

  (c)   cooperate with public and private agencies, departments, and organizations that provide services and programs for individuals with intellectual and developmental disabilities;

  (d)   advise the County Council and the County Executive on matters involving the needs of individuals with intellectual and developmental disabilities;

  (e)   review and report on current gaps in services, including issues of childcare, education, discrimination, transition to adult services, resource coordination, housing, transportation, employment, health care, recreation, and recruitment of providers and direct support staff;

  (f)   prepare recommendations on best practices, innovations in service areas, and information on costs associated with recommended programs and services for individuals with IDD;

  (g)   work with key organizations at the county and state level to best advance the needs of County residents with IDD; and

  (h)   advocate at the local, state, and federal levels to advance the needs of individuals with IDD.

**Sec. 24-75. Meetings; officers; compensation; reports.**

  (a)   Meetings. The Commission must meet at the call of the Commission Chair and at least 6 times annually.

  (b)   Quorum. A majority of the voting members of the Commission constitutes a quorum for the transaction of business.

  (c)   Officers. The Commission must elect from among its voting members a Chair, Vice-Chair, Secretary, and other officers it deems appropriate.

  (d)   Compensation. A member must serve without compensation, but the member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (e)   Annual report. The Commission must submit annually a report to the County Executive and County Council summarizing its activities, needs, recommendations and the degree to which the goals of the Commission are being met.

**Sec. 24-76. Staff support.**

  The Department of Health and Human Services must provide the staff support, including administrative and programmatic support, necessary for the Commission to perform its duties.

### Article Xi. Montgomery County Community Reinvestment and Repair Fund Commission.

**Sec. 24-77. Definitions.**

  In this Article, the following terms have the meanings indicated.

    Cannabis has the meaning stated in Section 1-101 of the Alcoholic Beverages and Cannabis Article of the Maryland Code, as amended.

    Commission means the Montgomery County Community Reinvestment and Repair Fund Commission established under this Article.

    Community-based organization means a public or private company, corporation, limited liability company, neighborhood group, organization, or partnership that provides education, vocational education or rehabilitation, job training, health, social services, or economic uplift to individuals in the County.

    County reinvestment funds mean monies disbursed to the County from the State Fund.

    Department means the Department of Health and Human Services.

    Director means the Director of the Department, or a designee of the Director.

    Disproportionately impacted area has the meaning stated in Section 36-101 of the Alcoholic Beverages and Cannabis Article of the Maryland Code, as amended.

    Office means the Office of Grants Management.

    State Fund or Fund means the Community Reinvestment and Repair Fund of the State of Maryland.

**Sec. 24-78. Use of funds.**

  (a)   The County must use County reinvestment funds solely for:

    (1)   community-based initiatives intended to benefit low-income communities;

    (2)   community-based initiatives that serve disproportionately impacted areas;

    (3)   any other use permitted under Section 1-322 of the Alcohol Beverages and Cannabis Article of the Maryland Code, as amended; and

    (4)   related administrative expenses.

  (b)   The County must not use reinvestment funds for law enforcement agencies or activities.

**Sec. 24-79. Commission established.**

  There is a Montgomery County Community Reinvestment and Repair Fund Commission.

**Sec. 24-80. Membership.**

  (a)   The Commission consists of 13 voting members and one non-voting ex-officio member.

  (b)   The voting members are appointed by the County Executive, subject to Council confirmation, and must include:

    (1)   11 County residents with demonstrated knowledge under subsection (d);

    (2)   at least one member who represents a service provider for incarcerated persons or persons with a criminal record; and

    (3)   at least one member who was incarcerated or has a criminal history.

  (c)   Members appointed under paragraph (1) of subsection (b) may include individuals with demonstrated experience in:

    (1)   youth engagement and education programs;

    (2)   jobs training and placement programs for marginalized individuals;

    (3)   housing services and unhoused prevention services; and

    (4)   economic development or entrepreneurship benefitting low-income communities or disproportionately impacted areas.

  (d)   Ex-officio member. The Director is a non-voting, ex-officio member of the Commission.

  (e)   Application. An individual wishing to serve on the Commission must submit an application to the County Executive and the Council describing the individual’s demonstrated knowledge, through education, training, or work or personal experience, of one or more of the following:

    (1)   the history of the resistance of people of African descent to white supremacy, enslavement, Jim Crow laws, and other examples of racial violence and discrimination;

    (2)   the history of the resistance of racial, ethnic, and other minority groups against discrimination, violence, and inequality;

    (3)   the needs of individuals returning to the community after incarceration;

    (4)   the impact of the disproportionate enforcement of drug laws on the quality of life experienced by racial and ethnic minorities, especially people of African descent, including specialization in:

      (A)   the disruption of families;

      (B)   exposure to the prison system;

      (C)   trauma experienced as a result of community and police violence; or

      (D)   another similar factor contributing to quality of life; and

    (5)   methods for delivering community investment that empower marginalized people to have a voice in the distribution of resources.

**Sec. 24-81. Duties.**

  (a)   The Office, after consultation with the Commission, must develop and administer a public process for community-based organizations to apply for grants that support:

    (1)   community-based initiatives intended to benefit low-income communities; and

    (2)   community-based initiatives that serve disproportionately impacted areas.

  (b)   The Commission annually must recommend to the Office grant awards to the selected community-based organizations from County reinvestment funds, subject to:

    (1)   the appropriation of funds; and

    (2)   the execution of grant agreements between the County and the awardees.

  (c)   The Commission may submit to the County Executive and the County Council recommendations regarding:

    (1)   existing or potential County programs related to community-based initiatives intended to benefit low-income communities or to serve disproportionately impacted areas;

    (2)   existing or potential County programs to repair damage done to communities that have been the most impacted by disproportionate enforcement of the cannabis prohibition before July 1, 2022; and

    (3)   changes to County law or regulation related to community-based initiatives or reparations intended to benefit low-income communities or to serve disproportionately impacted areas.

**Sec. 24-82. Meetings; officers; compensation.**

  (a)   Meetings. The Commission must meet at the call of the Commission chair and at least 6 times annually.

  (b)   Quorum. A majority of the voting members of the Commission constitutes a quorum for the transaction of business.

  (c)   Officers. The Commission must elect from among its voting members a chair, vice-chair, and other officers it deems appropriate.

  (d)   Stipend and reimbursement.

    (1)   A member must receive an annual stipend of $1,000 from the County, subject to appropriation and the availability of County reinvestment funds.

    (2)   A member may receive reimbursement for travel and dependent care under Section 2-145.

**Sec. 24-83. Role of the department.**

  The Department must:

  (a)   provide the staff support, including administrative and programmatic support, necessary for the Commission to perform its duties; and

  (b)   monitor and administer the grants awarded under Section 24-81.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 24A. Historic Resources Preservation.

**Sec. 24A-1. Purpose.**

  It is the purpose of this chapter to provide for the identification, designation and regulation, for purposes of protection, preservation and continued use and enhancement, of those sites, structures with their appurtenances and environmental settings, and districts of historical, archeological, architectural or cultural value in that portion of the county which is within the Maryland-Washington Regional District. Its further purpose is to preserve and enhance the quality of life in the county, safeguard the historical and cultural heritage of the county, strengthen the local economy, stabilize and improve property values in and around such historical areas, foster civic beauty and to preserve continued utilization and pleasure of the citizens of the county, the state, and the United States of America.

**Sec. 24A-2. Definitions.**

  For the purposes of this Chapter, the following words and phrases have the following meanings:

  Appurtenances and environmental setting: The entire parcel, as of the date on which the historic resource is designated on the master plan, and structures thereon, on which is located an historic resource, unless reduced by the District Council or the commission, and to which it relates physically and/or visually. Appurtenances and environmental settings shall include, but not be limited to, walkways and driveways (whether paved or not), vegetation (including trees, gardens, lawns), rocks, pasture, cropland and waterways.

  Board: The County Board of Appeals of Montgomery County.

  Commission: The historic preservation commission of Montgomery County as described hereinafter.

  Demolition by neglect: The failure to provide ordinary and necessary maintenance and repair to an historic site or an historic resource within an historic district, whether by negligence or willful neglect, purpose or design, by the owner or any party in possession of such a site, which results in any of the following conditions:

  (a)   The deterioration of exterior features so as to create or permit a hazardous or unsafe condition to exist.

  (b)   The deterioration of exterior walls, roofs, chimneys, windows, the lack of adequate waterproofing or deterioration of interior features or foundations which will or could result in permanent damage, injury or loss of or to the exterior features.

  Director: The Director of the Department of Permitting Services, or the Director's designee.

  Exterior features: The architectural style, design and general arrangement of the exterior of an historic resource, including the color, nature and texture of building materials, and the type of style of all windows, doors, light fixtures, signs or other similar items found on or related to the exterior of an historic resource.

  Historic district: A group of historic resources which are significant as a cohesive unit and contribute to the historical, architectural, archeological or cultural values within the Maryland-Washington Regional District and which has been so designated in the master plan for historic preservation.

  Historic resource: A district, site, building, structure or object, including its appurtenances and environmental setting, which is significant in national, state or local history, architecture, archeology or culture. This includes, but is not limited to, all properties on the "Locational Atlas and Index of Historic Sites in Montgomery County."

  Historic site: Any individual historic resource that is significant and contributes to the historical, architectural, archeological or cultural values within the Maryland-Washington Regional District and which has been so designated in the master plan for historic preservation.

  Permit: An historic area work permit issued by the Director authorizing work on an historic site or an historic resource located within an historic district.

  Planning Board; The Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission.

  Preservation easement means an easement held by the County to protect, maintain, or otherwise conserve an historic resource.

**Sec. 24A-3. Master plan for historic preservation; criteria to amend the plan.**

  (a)    As part of the general plan for the physical development of that portion of the county within the Maryland-Washington Regional District, there shall be prepared, adopted and approved a master plan for historic preservation which shall constitute an amendment to the general plan for the Maryland-Washington Regional District. Such plan shall designate historic sites and historic districts and describe their boundaries; it shall propose means for the integration of historic preservation into the planning process; and it shall suggest other measures to advance the goals of historic preservation.

  (b)    In considering historic resources for designation as historic sites or historic districts, the planning board shall apply the following criteria:

    (1)   Historical and cultural significance. The historic resource:

      a.   Has character, interest or value as part of the development, heritage or cultural characteristics of the county, state or nation;

      b.   Is the site of a significant historic event;

      c.   Is identified with a person or a group of persons who influenced society; or

      d.   Exemplifies the cultural economic, social, political or historic heritage of the county and its communities.

    (2)   Architectural and design significance. The historic resource:

      a.   Embodies the distinctive characteristics of a type, period or method of construction;

      b.   Represents the work of a master;

      c.   Possesses high artistic values;

      d.   Represents a significant and distinguishable entity whose components may lack individual distinction; or

      e.   Represents an established and familiar visual feature of the neighborhood, community or county due to its singular physical characteristic or landscape.

  (c)

    (1)   Within 4 years from the date the District Council designated an individual historic resource, the District Council may approve an amendment to the Master Plan for Historic Preservation if:

      (A)   when the resource was designated as an individual historic site, it was recommended as part of a historic district by the Planning Board but was not recommended by the Board for designation as an individual historic site; and

      (B)   when the resource was recommended for inclusion in a historic district, the notice given to the subject property’s owner by the Historic Preservation Commission or the Planning Board indicated that the resource might be included in a historic district but did not indicate the possibility of an individual site designation.

    (2)   After advertising and holding a public hearing, the District Council may:

      (A)   vacate the District Council’s previous action to designate the resource as an individual site;

      (B)   include the resource within the boundary of the historic district; or

      (C)   affirm the District Council’s previous action.

    (3)   Any change to the Master Plan for Historic Preservation under this subsection must be transmitted to the Maryland-National Capital Park and Planning Commission for its adoption.

**Sec. 24A-4.Historic Preservation Commission.**

  (a)   Created. There is a Historic Preservation Commission of Montgomery County, Maryland.

  (b)   Membership. The Commission has 9 members appointed by the County Executive and confirmed by the County Council. Each member must be a resident of the County. The 4 fields of history, architecture, preservation and urban design must be represented by a minimum of 1 member qualified by special interest, knowledge, or training. The remaining members of the Commission should, to the extent possible, represent the geographical, social, economic, and cultural concerns of the residents of the County.

  (c)   Officers. The County Executive must appoint the Chair and Vice-Chair of the Commission, who serve at the Executive’s pleasure. The Executive must consider the Commission’s recommendation when appointing officers of the Commission.

  (d)   Term. The term of each member is 3 years. A member serves until a successor is appointed and qualified.

  (e)   Vacancy. Any vacancy in the membership of the Commission caused by the expiration of a term, by resignation or death, by a superseding incapacity to discharge duties, by a removal for cause, or by any other cause, must be filled for a new term, or for the remainder of the term for which there is a vacancy as the case may be, in the same manner as provided in paragraph (b).

  (f)   Removal for cause. The County Executive may remove a member from the Commission for cause.

  (g)   Compensation. A member of the Commission must serve without compensation.

  (h)   Regulations. The Commission must adopt, under Method (2) of Section 2A-15, rules, guidelines, and regulations that are necessary for the proper transaction of the business of the Commission. This includes provisions governing contested cases before the Commission.

  (i)   Meetings. The Commission must hold regular meetings which, in its discretion, are necessary to perform its duties. Such meetings must be open to the public.

  (j)   Staff. The Chief Administrative Officer must provide appropriate staff to the Commission and make available to the Commission services and facilities that are necessary or appropriate for the proper performance of its duties. The County Attorney must serve as counsel to the Commission.

**Sec. 24A-5.Commission powers and duties.**

  The Commission has the following powers and duties:

  (a)   To research historic resources and to recommend to the planning board that certain of them be designated as historic sites or historic districts on the master plan for historic preservation and, hence, be subject to the provisions of this chapter.

  (b)   To recommend to the planning board, as needed, any update to the inventory of historic resources which is contained in the "Locational Atlas and Index of Historic Sites in Montgomery County."

  (c)   To act upon applications for historic area work permits and other matters referred to it for action pursuant to the provisions of this chapter.

  (d)   To appoint members to local advisory panels to assist and advise the commission on the performance of its functions.

  (e)   To recommend programs and legislation to the council and the planning board to encourage historic preservation in the Maryland-Washington Regional District.

  (f)   To review any legislation and proposals affecting historic preservation, including preparation of master plans, and to make recommendations on such legislation and proposals to appropriate authorities.

  (g)   To serve as a clearinghouse for information on historic preservation for county government, individuals, citizens' associations, historic societies and local advisory committees; to provide information and educational materials for the public; and to undertake activities to advance the goals of historic preservation in the county.

  (h)   To employ or hire consultants or other temporary personnel, consistent with county contract provisions, as deemed necessary to assist the commission in the accomplishment of its functions; such consultants or other personnel shall be compensated as may be provided for in the county budget.

  (i)   To administer an historic preservation easement program and any revolving funds or grant programs to assist in historic preservation.

  (j)   To advise the planning board, in the event of subdivision of land containing an historic resource, on the appurtenances and environmental setting necessary to preserve it.

  (k)   To delineate the extent of appurtenances and environmental setting associated with an historic site or resource.

**Sec. 24A-6. Historic area work permits-Generally.**

  (a)   Required. An historic area work permit for work on public or private property containing an historic resource must be issuedpursuant to the provisions of this chapter before:

    (1)   Constructing, reconstructing, moving, relocating, demolishing or in any manner modifying, changing or altering the exterior features of any historic site or any historic resource located within any historic district.

    (2)   Performing any grading, excavating, construction or substantially modifying, changing or altering the environmental setting of an historic site or an historic resource located within an historic district;

    (3)   Erecting or causing to be erected any sign or advertisement (with the exception of those signs which temporarily advertise for sale an historic site or an historic resource located within an historic district, or which for a temporary period advertise a political viewpoint) on the exterior or on the environmental setting of any historic site or any historic resource located within any historic district.

  (b)   Exceptions. Nothing in this section shall be construed to require the issuance of an historic area work permit for any ordinary maintenance, repair of exterior features, any customary farming operations or any landscaping, which will have no material effect on historic resource located within an historic district, of which such features are a part. For the purposes of clarification of this section, the commission shall develop and publish guidelines regarding what activities constitute ordinary maintenance and shall send a copy of these guidelines by registered mail to all owners of historic resources designated on the master plan.

  (c)   Disclosure requirements.

    (1)   Applicants for permits to demolish or substantially alter the exterior features of any historic site or historic resource located within an historic district are required to disclose its identification as such in writing on any application therefor.

    (2)   Any person who shall undertake any work as stated in subsection (a) of this section without first obtaining an historic area work permit shall be subject to the penalties established in section 24A-11.

  (d)   Advice of commission prior to application. The commission shall adopt procedures to encourage owners of historic resourcesto seek the advice of the commission prior to filing an application for an historic area work permit, on the appurtenances and environmental setting appropriate to the resource, construction methods and materials, financial information concerning historic preservation or any other matter under this chapter affecting the issuance of a permit.

**Sec. 24A-7. Historic area work permits-Application procedures; appeals.**

  (a)   Applications. An applicant for an historic area work permit must file an application with the Director. The application must contain all information the Commission requires to evaluate the application under this Chapter.

  (b)   Referral of application. Within 3 days after the application is complete, the Director must forward the application to the Commission for review.

  (c)   Public meeting. When the Commission receives the application, the Commission must schedule a public meeting to consider the application.

  (d)   Notice. The Commission must notify the Director and any citizen or organization that the Commission reasonably determines has an interest in the application of the time and place of the public meeting.

  (e)   Conduct of Commission meeting. The public meeting on the application must be informal and formal rules of evidence do not apply. The Commission must encourage interested parties to comment and must keep minutes of the proceedings on the application.

  (f)   Action by the Commission.

    (1)   The Commission must make a public decision on the application under paragraph (2) not later than 45 days after the applicant files the application or 15 days after the Commission closes the record on the application, whichever is earlier.

    (2)   The Commission must instruct the Director to issue or deny the permit. The Commission may require the Director to issue the permit with reasonable conditions necessary to assure that work under the permit does not harm the historical, architectural, archeological or cultural value of the historic resource.

    (3)   If the Commission instructs the Director to deny the permit, the Commission must notify the applicant in writing why the Commission denied the application.

    (4)   The commission must instruct the Director to issue the permit if the Commission finds that:

      (A)   denial of the permit would prevent the reasonable use of the property or impose undue hardship on the owner; and

      (B)   within 120 days after the finding in subparagraph (A), no person seeking preservation has submitted an economically feasible plan for preserving the structure.

    (5)   If the Commission does not act on an application within the time periods provided in this subsection, the application is approved, unless the applicant agrees to extend the deadline for Commission action.

  (g)   Miscellaneous provisions.

    (1)   The applicant for a permit has the burden of production and persuasion on all issues the Commission determines. If another historic preservation organization holds a deed of easement for the property in the application, the applicant must  submit proof to the Commission that the organization conducted an exterior architectural review and approved the action for which the applicant is seeking a permit.

    (2)

      (A)

        (2)   The Commission may, by regulations issued under method (2), delegate authority to a County employee qualified in historic preservation and assigned to staff the Commission to review and approve an application for work that commonly has no more than an insignificant effect on an historic resource.

      (B)   The regulations:

        (i)   must describe the types of work that staff can review and approve, and require the Commission to review any application that is not clearly subject to staff approval; and

        (ii)   may waive the public meeting and notice requirements of subsections (c) and (d) for applications clearly subject to staff approval.

      (C)   If the staff denies or does not act on an application within 5 days after the Commission received the application from the Director, the Commission must review the application de novo.

      (D)   Staff must report monthly to the Commission and each appropriate Local Advisory Panel about any application reviewed by the staff in the previous month, including the disposition of the application.

    (3)   A permit may impose conditions that require waiver of a provision of the building code if the waiver is allowed under the "historic structures" provision of the building code adopted under Section 8-14 and the code inspector determines that waiver is appropriate for the specific work covered by the permit.

    (4)   The Director must enforce this Chapter.

  (h)   Appeal.

    (1)   Within 30 days after the Commission makes a public decision on an application, an aggrieved party may appeal the Commission’s decision to the Board of Appeals, which must review the decision de novo. The Board of Appeals may affirm, modify, or reverse any order or decision of the Commission.

    (2)   A party may appeal a decision of the Board of Appeals under Section 2-114.

**Sec. 24A-8. Same-Criteria for issuance.**

  (a)   The commission shall instruct the director to deny a permit if it finds, based on the evidence and information presented to or before the commission that the alteration for which the permit is sought would be inappropriate, inconsistent with or detrimental to the preservation, enhancement or ultimate protection of the historic site or historic resource within an historic district, and to the purposes of this chapter.

  (b)   The commission shall instruct the director to issue a permit, or issue a permit subject to such conditions as are found to be necessary to insure conformity with the purposes and requirements of this chapter, if it finds that:

    (1)   The proposal will not substantially alter the exterior features of an historic site or historic resource within an historic district; or

    (2)   The proposal is compatible in character and nature with thehistorical, archeological, architectural or cultural features of the historic site or the historic district in which an historic resource is located and would not be detrimental thereto or to the achievement of the purposes of this chapter; or

    (3)   The proposal would enhance or aid in the protection, preservation and public or private utilization of the historic site or historic resource located within an historic district in a manner compatible with the historical, archeological, architectural or cultural value of the historic site or historic district in which an historic resource is located; or

    (4)   The proposal is necessary in order that unsafe conditions or health hazards be remedied; or

    (5)   The proposal is necessary in order that the owner of the subject property not be deprived of reasonable use of the property or suffer undue hardship; or

    (6)   In balancing the interests of the public in preserving the historic site or historic resource located within an historic district, with the interests of the public from the use and benefit of the alternative proposal, the general public welfare is better served by granting the permit.

  (c)   It is not the intent of this chapter to limit new construction, alteration or repairs to any 1 period or architectural style.

  (d)   In the case of an application for work on an historic resource located within an historic district, the commission shall be lenient in its judgment of plans for structures of little historical or design significance or for plans involving new construction, unless such plans would seriously impair the historic or architectural value of surrounding historic resources or would impair the character of the historic district.

**Sec. 24A-9. Demolition by neglect.**

  In a case of demolition by neglect of an historic resource on public or private property, the following provisions shall apply:

  (a)   If the historic resource has been designated on the master plan as an historic site or an historic resource within an historic district, the director shall issue a written notice to all persons of record with any right, title or interest in the subject property, or the person occupying such premises, of the conditions of deterioration and shall specify the minimum items of repair or maintenance necessary to correct or prevent further deterioration. The notice shall provide that corrective action shall commence within 30 days of the receipt of such notice and be completed within a reasonable time thereafter. The notice shall state that the owner of record of the subject property, or any person of record with any right, title or interest therein, may, within 10 days after the receipt of the notice, request a hearing on the necessity of the items and conditions contained in such notice. In the event a public hearing is requested, it shall be held by the commission upon 30 days' written notice mailed to all persons of record with any right, title or interest in the subject property and to all citizens and organizations which the director feels may have an interest in the proceedings.

    (1)   After a public hearing on the issue of necessity of improvements to prevent demolition by neglect, if the commission finds that such improvements are necessary, it shall instruct the director to issue a final notice to be mailed to the record owners and all parties of record with any right, title or interest in the subject property advising of the items of repair and maintenance necessary to correct or prevent further deterioration. The owners shall institute corrective action to comply with the final notice within 30 days of receipt of the revised notice.

    (2)   In the event the corrective action specified in the final notice is not instituted within the time allotted, the director may institute, perform and complete the necessary remedial work to prevent deterioration by neglect and the expenses incurred by the director for such work, labor and materials shall be a lien against the property, and draw interest at the highest legal rate, the amount to be amortized over a period of 10 years subject to a public sale if there is a default in payment.

    (3)   Failure to comply with the original or final notice shall constitute a violation of this chapter for each day that such violation continues and shall be punishable as set forth in section 24A-11.

    (4)   In the event that the commission finds that, notwithstanding the necessity for such improvements, action provided in paragraphs (1) and (2) of this subsection would impose a substantial hardship on any or all persons with any right, title or interest in the subject property, then the commission shall seek alternative methods to preserve the historic site or historic resource located within an historic district. If none are confirmed within a reasonable time, the director shall not proceed in accordance with paragraphs (1) and (2).

  (b)   If the historic resource is listed in the “Locational Atlas and Index of Historic Sites in Montgomery County, Maryland,” or the microfilmed addenda to that atlas, published by the Maryland-National Capital Park and Planning Commission, the director shall advise the planning board which, after receiving the recommendation of the commission, shall conduct a public hearing to determine whether the historic resource will be designated as an historic site or historic district in the master plan for historic preservation.

    (1)   Where the planning board determines that the historic resource will not be included in the master plan for historic preservation, no further action will be taken.

    (2)   Where the planning board determines that the historic resource in all likelihood will be included in the master plan for historic preservation, the Planning Board shall initiate an amendment to the master plan for historic preservation under Division II of the Land Use Article of the Maryland Code.

      a.   In the event that such amendment is adopted and the historic resource is placed on the master plan for historic preservation as an historic site or an historic resource within an historic district, the director shall give written notice to all persons with any right, title, or interest in the subject property of the conditions of deterioration and shall specify the items of repair or maintenance necessary to stabilize the condition of the historic resource and prevent further deterioration.

      b.   Such notice shall provide that such stabilization work shall commence within 30 days of receipt of the notice and shall be completed within a reasonable time thereafter.

      c.   In the event that stabilization action is not instituted within the time allotted, or not completed within a reasonable time thereafter, the director may institute, perform and complete the necessary stabilization work and the expenses incurred by the director for such work, labor or materials shall be a lien against the property, and draw interest at the highest legal rate, the amount to be amortized over a period of 10 years subject to a public sale if there is a default in payment.

**Sec. 24A-10. Moratorium on alteration or demolition.**

  (a)   Application for permits for historic resources on locational atlas. Any applicant for a permit to demolish or substantially alter the exterior features of any historic resource which is listed in the "Locational Atlas and Index of Historic Sites in Montgomery County, Maryland," or the microfilmed addenda to that atlas, published by the Maryland-National Capital Park and Planning Commission, but which is not designated as an historic site or historic district on the master plan for historic preservation, must disclose that fact on the application.  If the historic resource is located in an area under review for designation as an historic district and is not under review for designation as an historic site, the application must be reviewed under the procedure in Section 24A-7 if the applicant seeks review under that Section.

  (b)   Referral to the planning board.  If the applicant does not seek review under Section 24A- 7, the Director must promptly forward the permit application to the Planning Board to make a finding, after a public hearing, as to the significance of the historic resource and to determine whether, after considering the recommendations of the Commission, the property will be designated as an historic site or an historic resource within an historic district, listed in the master plan for historic preservation. The Planning Board's public hearing on an application to demolish or substantially alter any historic resource listed in the locational atlas satisfies the requirements of section 33A-6 for a public hearing on a preliminary draft amendment to the historic preservation master plan if all notice requirements of that section are met.

  (c)   Determination by the planning board.

    (1)   Where the planning board determines that the historic resource will not be included in the master plan for historic preservation, the director shall forthwith issue the permit.

    (2)   Where the planning board determines that the historic resource in all likelihood will be included in the master plan for historic preservation, the director shall withhold issuance of the permit once for a maximum period of 195 days from the date the application for demolition is filed. If, as a result of the master plan process, the property is designated an historic site or an historic resource within an historic district, the application shall be governed by the procedures established in section 24A-7.

  If, after a public appearance as provided for in section 24A-7, the commission determines that failure to grant the permit applied for will have the effect of denying the property owner of all reasonable use of his property or causing him to suffer undue hardship, then the commission must instruct the director to issue the permit subject to such conditions, if any, as are found to be necessary to insure conformity with the purposes and requirements of this chapter.

  (d)   Time limits for planning board action.

    (1)   Within 60 days after the filing of an application, or within 15 days after the closing of the record following a public hearing, whichever occurs later, the planning board shall render its findings and determinations with respect to an application.

    (2)   Failure to adhere to the limits specified in section 24A-10 shall cause the permit to issue by operation of law, except in the event of a finding and further proceedings as provided in subsection (c)(2) of this section.

**Sec. 24A-11. Violations and penalties.**

  Any person who violates a provision of this chapter, or fails to comply with any of the requirements thereof, or disobeys or disregards a decision of the commission, or fails to abide by the conditions of a permit, shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense.

**Sec. 24A-12. Severability.**

  The provisions of this chapter are severable and if any provisions, clause, sentence, section, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts of the chapter or their applications to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, section, word or part had not been included therein, and if the person or circumstance to which the chapter or part thereof is inapplicable had been specifically exempted therefrom.

**Sec. 24A-13. Historic preservation easement program.**

  (a)   There is a county easement program to preserve historic resources in Montgomery County. The commission must administer the program in accordance with this section.

  (b)

    (1)   An owner of an historic resource may offer the county a preservation easement to protect or conserve interior or exterior features of the historic resource and its environmental setting or appurtenances by making application to the commission.

    (2)   Upon receipt of an application, the commission must immediately forward the application for review and comment to:

      (A)   the planning board if the historic resource is located within the Maryland-Washington Regional District; and

      (B)   the appropriate agency of a municipality if the historic resource is located within a municipality.

  Review and comment under this paragraph must be made within 45 days and should include an evaluation of the proposal using the criteria specified in this section as well as identification of competing or supporting land use priorities or other relevant factors or issues. Recommendations may include proposed easement terms and conditions.

    (3)   The commission must review the application to determine if acceptance of the preservation easement would further the county's historic preservation goals. In making its determination, the commission should consider, among other relevant factors:

      (A)   the relative significance of the historic resource;

      (B)   the structural condition;

      (C)   the owner's planned or completed preservation efforts;

      (D)   the existing zoning and nature of the surrounding neighborhood; and

      (E)   whether an easement will promote long-term survival of the historic resource.

  (c)   If the historic resource is designated as an historic site in the county master plan for historic preservation, either as an individual site or located within an historic district, the county may acquire an easement upon positive recommendation of the commission and approval of the county executive. If the historic resource is not designated as an historic site in the master plan, the additional approval of the county council is required prior to any acceptance by the county. The commission must forward any comments received under subsection (b)(2) to the county executive and the county council, as appropriate.

  (d)   A preservation easement under this section should be granted in perpetuity and include appropriate terms and conditions that:

    (1)   restrict changes and alterations;

    (2)   require maintenance, repairs, and administration;

    (3)   authorize public access;

    (4)   provide a right of governmental inspection;

    (5)   provide for a right of assignment to the Maryland Historical Trust or other appropriate agency or entity; and

    (6)   establish enforcement remedies.

  (e)   The county may hold a preservation easement jointly with the Maryland Historical Trust.

  (f)   A preservation easement must be recorded by the grantor among the land records of the county at the grantor's cost. The grantor must notify the supervisor of assessments and the Office of the Public Tax Advocate of the recordation of the preservation easement.

  (g)   Reserved.*

  (h)   A preservation easement may be extinguished by judicial proceeding if an unexpected change in the conditions applicable to the property, such as casualty, make it impossible or impractical to continue to use it for preservation purposes. The terms of an easement related to extinguishment should identify appropriate changes in condition, provide that the county share in any proceeds from a subsequent sale or exchange of the property after the easement is extinguished, and be in accordance with any applicable executive regulations. The sharing in proceeds may include the recapture of property taxes saved by the grantor or its successor in interest, either in part or in full, as a result of the easement.

  (i)   The commission may enter into a cooperative agreement with the Maryland Historical Trust or other appropriate agencies or entities for technical assistance in administering the historic easement program. This may include assistance in property evaluation, negotiation, and inspection.

  (j)

    (1)   The easement program authorized under this section is in addition to, and does not supersede or otherwise affect, any other county or municipal program or policy requiring the donation of a preservation easement as a condition of financial assistance. It must operate in conjunction with other county or municipal easement programs.

    (2)   The grant of an easement under this section does not eliminate or otherwise alter any county or municipal regulatory requirement applicable to the historic resource, including any requirement to obtain an historic area work permit.

  (k)   The county executive, with the advice of the commission, may adopt regulations under method (2) to administer the historic preservation easement.

  Sec. 2.  To assist the County in its administration of the historic preservation easement program, the supervisor of assessments is requested to maintain records of both the assessmentof the property as restricted under this program by easement and the assessment that would apply if the property was not subject to an easement.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 24B. Homeowners' Associations.

**Sec. 24B-1. Definitions.**

  The following definitions apply to this Chapter:

  (a)   Association roadway means those paved surfaces, except areas designated for parking, which:

    (1)   provide vehicular access to more than 4 dwelling units; and

    (2)   are maintained by a homeowners' association.

  (b)   Homeowners' association means a body that has the authority to enforce a declaration under the state homeowners' association law.

  (c)   Private maintenance road means a road that:

    (1)   is owned by a homeowners' association;

    (2)   has a right-of-way at least 30 feet wide (not including any portion of the right- of-way used for parking), and 2 travel lanes; and

    (3)   provides a direct or indirect general vehicular traffic connection to the County road system.

**Sec. 24B-2. Program of support for roadway maintenance.**

  (a)   There is created a program to assist qualifying homeowners associations to maintain association roadways that are continuously open to the public as if they were public roadways.

  (b)   Assistance provided under this Chapter is not subject to Chapter 11B.

**Sec. 24B-3. Qualifying homeowners' associations.**

  A homeowners' association qualifies for assistance under this Chapter if the homeowners' association:

  (a)   has at least one-quarter mile of association roadway;

  (b)   maintains its association roadways at a level of service satisfactory to the County;

  (c)   finances the maintenance of its association roadways with funds collected by the homeowners' association;

  (d)   has a financial officer that is bonded or meets the requirements of financial responsibility that regulations under this Chapter prescribe; and

  (e)   agrees that eligible disputes to which the homeowners' association is a party will be submitted by the homeowners' association to either:

    (1)   the dispute resolution process under Article 2 of Chapter 10B; or

    (2)   other meditation or arbitration approved by the Commission on Common Ownership Communities.

**Sec. 24B-4. Amount of assistance.**

  (a)   The annual amount that a qualifying homeowners' association may receive under this Chapter is the number of its association roadway miles that qualify for assistance under this Chapter, multiplied by the average locally funded cost to the County of providing maintenance and street lights for a mile of County roadway during the previous year.

  (b)   If an association roadway that qualifies for assistance under this Chapter is initially open to the public for only part of a year, the annual amount of assistance must be prorated for that part of the year for which the association roadway was open.

**Sec. 24B-5. Limitation on expenditure.**

  (a)   All expenditures of County funds under this Chapter are subject to the limits of the funds appropriated by the County Council.

  (b)   If the County Council does not appropriate enough funds to cover the number of miles of association roadways that qualify under this Chapter, the amount of assistance for each mile of association roadway is reduced proportionally.

**Sec. 24B-6. Regulations.**

  The County Executive must adopt regulations under method (2) to implement this Chapter.

**Sec. 24B-7. Amendment of bylaws.**

  Notwithstanding any association document to the contrary, a homeowners' association, as defined in state law, may amend its bylaws by a vote of a majority of the lot owners. This section applies to bylaws adopted before or after this section became law.

**Sec. 24B-8. Private maintenance roads.**

  (a)   Requirements for assistance. The County may provide maintenance funding assistance to a homeowners' association for a private maintenance road if the homeowners' association:

    (1)   grants an easement to the County for the general free public use of the private maintenance road, which must include a metes and bounds description of the easement certified by a registered land surveyor or a record plat or other legal description acceptable to the County Attorney; and

    (2)   signs an agreement with the County that the homeowners' association must build and maintain the private maintenance road to standards adopted by executive regulation for private maintenance roads.

  (b)   Contents of agreement. In each agreement signed under subsection (a) the homeowners' association must:

    (1)   acknowledge that:

      (A)   granting the easement does not relieve the association of the obligation to maintain the private maintenance road or to provide any other services, such as snow removal, which the association is required to provide by any association document or law; and

      (B)   the easement automatically reverts to the grantor if the homeowners' association does not comply with all terms of the easement and the agreement it signs with the County;

    (2)   indemnify the County against all claims arising from the use or condition of the private maintenance road; and

    (3)   certify that the homeowners' association has obtained and will continually maintain insurance or other surety, in an amount acceptable to the County, covering claims arising from the use or condition of the private maintenance road, and acknowledge that the County may withdraw funds allocated under this section if the insurance coverage lapses.

  (c)   Documents to be recorded. Any easement and agreement signed under this section must be recorded in the County land records.

  (d)   Costs of documents. The homeowners' association must pay all costs of preparing and recording any easement, agreement, or other document required under this section.

  (e)   Amount of assistance  to homeowners' association. The County may allocate to a homeowners' association for maintenance of a private maintenance road an amount that does not exceed the net amount, less any inspection fee or any other County expense, of highway user revenues received by the County as a result of the inclusion of that private maintenance road in the State Highway Administration mileage inventory. The homeowners' association must use these funds to maintain that private maintenance road or place them in a reserve fund which can be used only to maintain that road. The County must not assist under this section any road for which it provides assistance under Section 24B-2 through 24B-5.

  (f)   Termination of easement. If the County finds that an easement granted under this section is not in the public interest, or that a homeowners' association has not complied with the terms of an easement or other agreement under this section, the County may, in its sole discretion, withhold or withdraw maintenance funds or reject and terminate the easement, and record documentation of the termination in the County land records. The abandonment procedures in Chapter 49 do not apply to the termination of an easement under this section.

  (g)   No County obligation. Granting an easement under this section does not obligate the County to maintain or pay for the maintenance of any private maintenance road.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 25. Hospitals, Sanitariums, Nursing and Care Homes.

### Article I. In General.

**Sec. 25-1. Definitions.**

  For the purposes of this Chapter, the following words and phrases have the following meanings:

  Director; Department: The term "Director" means Director of the Department of Health and Human Services and the term "Department" means the Department of Health and Human Services.

  Domiciliary care: The term "domiciliary care" shall mean those services provided to aged or disabled persons in a protective institutional or home-type environment. These services shall include shelter, housekeeping services, board, facilities and resources for daily living, personal surveillance or direction in the activities of daily living.

  Domiciliary care home: The term "domiciliary care home" shall mean an institution which maintains conditions or facilities and equipment for provision of domiciliary care to persons who because of advanced age or physical or mental disability are not gainfully employed.

  Establishment: The term "establishment" shall mean erection, building or substantial acquisition, reconstruction, expansion or modification of a structure to be used as a hospital.

  Family council: A group that includes a family member, friend, or representative of 2 or more residents of a nursing home or other facility subject to Section 25-24A.  A family council is led by residents and their families, not by the facility, and works to protect residents’ rights and improve residents’ quality of life.

  Hospital: The term "hospital" shall mean any institution which maintains and operates facilities for the provision of diagnostic and treatment services under the supervision of physicians who are members of an organized medical staff of not less than 5 legally, ethically and professionally qualified physicians. This shall include general hospitals and institutions in which service is limited to special fields such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer, mental, tuberculosis, chronic disease and obstetrics and sanitariums wherein feeble minded and mental patients, epileptics, alcoholics, senile psychotics or drug addicts are treated or cared for.

  Institution: The term "institution" shall mean a place to which are admitted or in residence for overnight care 2 or more nonrelated individuals needing medical, nursing or personal care or 4 or more nonrelated individuals needing domiciliary care as defined in this Section. This shall not include any dispensary or first-aid treatment facility maintained solely for and limited to services for employees or students of any commercial or industrial plant, educational institution, convent, County home or almshouse, motels, apartments and facilities maintaining services for persons capable of independent living.

  Nonrelated individual: The term "nonrelated individual" shall mean anyone who is not a son, daughter, grandson, granddaughter, father, mother, grandfather, grandmother, brother, sister, stepmother, stepfather, stepson, stepdaughter, husband or wife of the owner, operator or lessee or an in-law of any one of the preceding persons.

  Nursing care: The term "nursing care" shall mean services to patients requested or ordered by physicians and provided or supervised by registered or practical nurses licensed to practice in the State.

  Nursing home: The term "nursing home" shall mean an institution which maintains conditions or facilities and equipment for provision of nursing care for chronically ill or convalescent patients. This shall include convalescent homes, nursing units of homes for the aged, psychiatric nursing homes, nursing facilities for the handicapped, homes for alcoholics, halfway houses or any other home-type facility which admits patients and holds itself out as providing 24 hours per day nursing care for such patients.

  Patient: The term "patient" shall mean any individual suffering from disease or disabilities or any individual who due to advanced age requires services or care.

  Personal care: The term "personal care" shall mean those services which an individual would normally perform for himself but for which he is personally dependent on others because of advanced age, infirmity or physical or mental limitation. This includes assistance in walking, getting in and out of bed, bathing, dressing, feeding and general supervision and assistance in daily living.

  Personal care home: The term "personal care home" shall mean an institution which maintains conditions or facilities and equipment for provision of domiciliary or personal care in a protective institutional environment to persons who because of advanced age or physical or mental disability are not gainfully employed.

  Room: An area enclosed by 4 ceiling-high walls and covered by a ceiling.

**Sec. 25-2. Administration and enforcement of chapter.**

  The director is hereby charged with the responsibility for the administration and enforcement of the provisions of this chapter under the direction of the county executive.

**Sec. 25-3. Right of entry of county officials.**

  For the purpose of enforcing this chapter, the director, the fire marshal, the superintendent of police and such subordinate officials as may be expressly designated by the above-named county officials shall, upon exhibiting the proper credentials or proof of identity, have the right to enter any building, structure or premises of an institution for the purpose of inspecting all spaces and areas (except the living quarters of staff members of any institution without the consent of the occupant of such living quarters) at any time during business or operating hours and at such other times as may be necessary for the health, safety or welfare of the patients.

**Sec. 25-4. Patient register.**

  Every institution shall keep a register containing a record of all persons admitted and cared for. Such register shall be maintained on a yearly basis in a substantial bound volume or in such other form as may be approved by the director, and shall be signed either by the patient, his physician or a person responsible for the patient's care. The register shall contain the following minimum information:

  Name

  Admittance address

  Age

  Sex

  Date of admission

  Date of discharge

  Weight on admission and monthly recordings, if possible

  Nursing notes

  List of any personal belongings or money turned over to the institution for safekeeping and disposition

  Name and address of person responsible for patient

  Name and address of attending physician

  Diagnosis

  Medication orders

  Progress notes.

**Sec. 25-5. Acceptance of advance compensation from patients, etc.**

  No owner or administrator of, nor any person employed or associated with, an institution shall accept from any applicant for care of patient, or from any other person on behalf of such an applicant or patient, advance payment or compensation for a period of care for the applicant or patient exceeding twelve (12) months.

  This section shall not be construed to include those cases where such institution is operated by a bona fide charitable organization and there has been a gift or donation to the institution by any patient, or person on behalf of the patient, but otherwise shall be strictly construed.

**Sec. 25-6. Posting of inspection reports.**

  A chart showing inspection reports shall be posted conspicuously on the premises of each institution.

**Sec. 25-7. Admissions limited to number of beds licensed.**

  No institution shall admit more patients than the number of beds for which it is licensed.

**Sec. 25-8. Rules and regulations of board of health.**

  (a)   Generally. The county council, sitting as the board of health, by resolution, is hereby authorized and empowered to adopt and enforce from time to time all needful standards and regulations for the health, safety, welfare and physical requirements of the patients in institutions and for the implementation and enforcement of this chapter, and such rules and regulations may be in addition to, inclusive of and not in conflict with any rules and regulations of the state board of health applicable to such institutions; provided, however, that, before finally adopting or enforcing such regulations or before substantially revising such rules and regulations, the board of health shall give at least fifteen (15) days' notice by publication, circular or otherwise as it may deem appropriate, informing all persons who may be interested in the enforcement of such rules and regulations that the board of health will hear such persons on a certain day named in such notice for the purpose of receiving and considering suggestions before the adoption or revision of such rules.

  (b)   Publication, etc. After adoption or revision of such regulations, the board may, within a reasonable time thereafter, publish the regulations in such form as it may determine, and make copies of the regulations available to all interested persons at the office of the director.

**Sec. 25-9. Power to make grants-in-aid to certain hospitals.**

  The council is hereby authorized and empowered to pay to any hospital located in the county not receiving state aid and caring for county tax eligible indigent patients, such sum not exceeding fifty thousand dollars ($50,000.00) as the council shall determine; such sum to be a grant-in-aid of the hospital to promote the general public health and welfare of the people of the county.

**Sec. 25-10. Violations and penalty.**

  Any owner or person in charge of any institution who violates any provision of this chapter shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day during which such violation shall continue shall be deemed a separate offense.

### Article II. Licenses.

**Sec. 25-11. Required.**

  No building or premises shall be occupied or used as an institution within the county after September 1, 1950, until an annual license shall have been granted for such occupancy and use by the director, nor shall any such building or premises be so occupied and used after the license has expired or has been revoked or suspended.

**Sec. 25-12. Application.**

  Before an annual license for an institution shall be issued by the director, an application in such form as shall be prescribed by him for such license shall be made by the owner, his agent or the managing director.

  Any false statement on an application for a license hereunder shall be grounds for denial, revocation or suspension of the license.

**Sec. 25-13. Compliance with zoning ordinance prior to issuance.**

  No license shall be issued to any institution the location of which violates the zoning ordinance. If any such institution is required by such zoning ordinance to obtain a special exception from the county board of appeals, the director shall not issue a license to such institution until such special exception has been obtained.

**Sec. 25-14. Certificates to be filed prior to issuance.**

  No initial annual license for an institution, or renewal thereof, shall be issued under this article by the director unless the following certificates have been filed with the department and have been approved by him:

  (a)   A certificate from the department stating that the buildings to be occupied or used by the institution are structurally safe for the purpose for which such buildings are intended to be used, and that such buildings are in compliance with the applicable building, electrical and plumbing codes of the county, the applicable provisions of this chapter and the applicable building rules and regulations of the state and county boards of health.

  (b)   A certificate from the county fire marshal stating that the buildings are in compliance with the fire prevention code of the county, the fire regulations of this chapter, and the fire protection standards, rules and regulations of the state and local boards of health.

  (c)   A certificate from the department stating that the institution is in compliance with the applicable standards, rules and regulations of the county and state boards of health for the health, safety, general welfare and physical requirements of the patients as such standards and regulations are presently in force or are hereafter revised or adopted from time to time by such board pursuant to state or local laws, or pursuant to the provisions for the adopting of such standards and regulations by the county board of health as provided in this chapter.

**Sec. 25-15. When separate licenses required.**

  Separate licenses under this article shall be required for institutions maintained on separate premises, even though they are operated under the same management. Separate licenses shall not be required for separate buildings on the same grounds.

**Sec. 25-16. Character of applicant and employees.**

  No license shall be issued or renewed under this article unless the applicant, licensee, owner, operator, person in charge, or all employees who have supervisory duties in regard to the care of the patients of the institution, are of good moral, reputable and responsible character. In determining such character, the director shall consider police and penal history, including all convictions of the persons and the reasons therefor; license history, including whether such persons, in previously operating such an institution in this or another state, or in previous employment, have had a license revoked or suspended, the reasons therefor, and the demeanor of the persons subsequent to such action; general personal history, including such other facts relevant to the general personal history of the persons as the director shall find necessary to a fair determination of good character. The director shall have the authority to make such investigations as he may deem necessary in making determinations hereunder, and may request investigation and approval by the county police department of any applicant, owner, operator, licensee or person in charge of such institution, or employed by such institution, whenever he shall deem it necessary for the welfare of the patients. Doubts arising in connection with any investigation hereof shall be resolved in favor of the welfare, health and safety of the patients.

**Sec. 25-17. Procedure for issuance or denial.**

  (a)   Upon a receipt of an application for an annual license under this article, or for renewal thereof, the director shall make or cause to be made all investigations and inspections required by this article. Upon conclusion of all such investigations and inspections, the director shall either issue or renew such license or deny the application thereof within sixty (60) days from the date the application was filed, or as soon thereafter as practical. On renewal applications, where the director has neither approved nor disapproved the application before the current license expires, the current license shall remain in effect until the director either approves or disapproves the application for renewal.

  (b)   If, upon the completion of all investigations and inspections, the director finds that an institution for which a license under this article is requested is not in compliance with the requirements of this article, the director shall, within ten (10) days after making such a finding, cause to be served on the director or administrator of the institution concerned written notice of such fact and shall, in such notice, advise him of the necessary corrective measures to be taken before a license will be issued or renewed. If the applicant shall fail to take the corrective steps specified, the director shall refuse to issue or refuse to renew such license, as the case may be.

  (c)   All orders and notices issued by the director hereunder shall be served on the person to whom they are directed, either by registered mail or by personal delivery to such person. If such person cannot be found in the county, service by personal delivery shall be made on the next immediate subordinate of such person or upon the person who is at the time in charge of the institution. If no such person can be located, service shall be made by publishing such notice once in a newspaper of general circulation published within the county.

**Sec. 25-18. Fees.**

  (a)   The annual license fees for all institutions subject to the provisions of this article shall be established and may be revised from time to time by the county executive by written regulations adopted under method (3) of section 2A-15 of this Code in an amount not to exceed the reasonable costs of administration and enforcement of this chapter.

  (b)   No annual license shall be issued by the department until payment of the prescribed license fee has been made to the department of finance by the institution requesting the license.

**Sec. 25-19. Posting.**

  All licenses issued under this article shall be conspicuously posted on the premises of the institution.

**Sec. 25-20. Change of institution's location; transfer of license.**

  (a)   Whenever an institution changes its location, the current license held by such institution under this article shall automatically become void. Such institution shall, before changing its location, make application for a new license to the department. Sections 25-11 to 25-16 shall be complied with before such new license shall be issued by the director. There shall be no fee for such new license where there is not a change in the classification of the institution.

  (b)   No license issued under this article shall be transferable.

**Sec. 25-21. Expiration.**

  All licenses issued under this article shall expire one (1) year from the date of issuance.

**Sec. 25-22. Admissions restrictions; revocation or suspension generally.**

  (a)   If the director determines that a life-threatening, health or fire safety deficiency exists in a nursing or care home, the director may immediately restrict new admissions for not more than a thirty-day period.

  (b)   If the director should take action to restrict new admissions to a nursing or care home, the director shall, as far in advance of the action as practicable, advise the secretary of the state department of health and mental hygiene that such action is being contemplated, in order to facilitate coordination of state and county regulatory activities. The secretary shall have the right to participate as a party in any administrative or judicial proceeding by the county to restrict new admissions.

  (c)   In the event the director imposes a restriction on admissions pursuant to this section, the institution shall take steps to correct the deficiency within twenty-one (21) days.

  (d)   The director may revoke or suspend any license issued under this article upon finding that the institution is in violation of any provisions of this chapter or in violation of any of the applicable provisions of the building, electrical or plumbing codes, the fire prevention code or of the applicable standards as established by the state and county board of health for health, safety, welfare and physical requirements of the patients. Any cause for denial of a license or for the refusal to renew a license shall also be a cause for revocation or suspension of a license. Any such revocation or suspension shall be by written order directed to or served upon the director, administrator or upon any person in charge of the institution in the manner prescribed in section 25-17. Any such notice of revocation or suspension shall require the holder of the license to appear before the director and show cause why the license should not be revoked or suspended as herein provided.

  (e)   If the director decides to suspend or revoke the license of a nursing or care home, the director shall notify the secretary of the state department of health and mental hygiene of his intention to suspend or revoke the license and the reasons therefor. The secretary shall be notified prior to the time notice of the county's intention to suspend or revoke the license is given to the institution. The director may proceed with the proposed suspension or revocation unless the secretary shall disapprove such action within fourteen (14) days of notice of the proposed action. In the event of disapproval of the proposed action, the secretary shall state his reasons for the disapproval in writing. There shall be no appeals by any party from the secretary's disapproval.

**Sec. 25-23. Appeals from denial, revocation, suspension or admissions restrictions.**

  (a)   In the event that any person is aggrieved by a denial, revocation or suspension of a license under this article, such person may appeal from the action of the director to the county board of appeals by filing a written request with the board within ten (10) days after service of notice of such action. Upon receiving such request, the board of appeals, after due notice to all interested parties, and within thirty (30) days after the filing of such request, shall hold a hearing thereon and either affirm, rescind or modify such order within thirty (30) days after the hearing has been held. The board of appeals may, by order, extend either such period of time.

  (b)   In the event that any person is aggrieved by an admissions restriction, such person may request a hearing, which shall be held within seven (7) days following the request to determine the appropriateness of the restriction on admissions.

### Article III. Health Standards and Regulations.

**Sec. 25-24. Application of article.**

  This Article applies to hospitals, nursing homes, personal care homes and domiciliary care homes. State and federal law and regulations that apply to these institutions, except licensing procedures, are incorporated into this Article.  The other provisions of this Article apply only to the extent that they impose higher standards or stricter requirements than State and federal law and regulations.

**Sec. 25-24A. Family councils.**

  (a)   In this Section, “nursing home” includes nursing homes (as defined in Section 25-1) and any other facility in the County that is:

    (1)   required to be licensed under State law as a:

      (A)   comprehensive and extended care facility; or

      (B)   licensed assisted living facility; or

    (2)   subject to sections 1395i-3 or 1396r of Title 42 of the United States Code.

  (b)   Each nursing home must comply with federal law and regulations, including the Nursing Home Reform Act of 1987, that protect the rights of residents and their families and representatives to associate and to participate in resident and family groups, such as a family council.  This requirement applies even if the nursing home is not otherwise subject to the federal law.

  (c)   The nursing home must consider and respond in writing to any written grievance or other written communication from a family council within 10 days after receiving the communication.

  (d)   The nursing home must maintain a “regulatory” file and a “public” file containing duplicate copies of each communication and response described in subsection (c).  Copies of the records in the regulatory file must be complete and unedited.  The same records in the public file must delete any information that identifies an individual resident.

    (1)   A resident or prospective resident, or any person representing either, may review the public file during normal business hours and at any other time that the nursing home agrees to make the file available.

    (2)   The nursing home promptly must comply with a request by a licensing authority or the County’s Long-Term-Care Ombudsman to review any record in either file.

  (e)   The nursing home must give each new or prospective resident the following written information provided by the family council:

    (1)   the name, address, and phone number of a current member of the family council;

    (2)   a brief description of the purpose and function of the family council; and

    (3)   instructions on how the resident or prospective resident may review the files described in subsection (d).

**Sec. 25-25. Approval of establishment.**

  (a)   The establishment of any hospital shall require the prior approval of the council, sitting as the county board of health.

  (b)   An application shall be filed with the county health officer in the form of a preliminary report containing the name of the hospital, the kind or kinds of service to be provided and the location and physical description of the institution, together with such other information as shall be prescribed by or acceptable to him. The health officer shall notify all professionally and officially concerned parties, organizations and agencies of the filing of the application, set a public hearing not later than six (6) months after the filing of the application and forward the application to the board.

  (c)   The board shall not approve an application for establishment unless:

    (1)   There is demonstrated a public need for the establishment at the time and place and under the circumstances proposed.

    (2)   The proposal is broadly supported by lay and professional associations and groups in the county.

    (3)   The hospital, if specialized, has a close working relationship with a general hospital to ensure that a full spectrum of diagnostic and treatment services will be readily available.

  (d)   Subject to the provisions of paragraph (c) of this section, the board in approving establishment shall take into consideration and be empowered to request information and advice as to:

    (1)   The availability of facilities or services such as preadmission, ambulatory or home care services which may serve as alternatives or substitutes for the whole or any part of the proposed construction.

    (2)   The need for special equipment in view of existing utilization of comparable equipment at the time and place and under the circumstances proposed.

    (3)   The possible economies and improvements in service to be anticipated from the operation of joint central services including but not limited to laboratory, research, radiology, pharmacy, laundry and purchasing.

    (4)   The adequacy of financial resources and sources of future revenue.

    (5)   The record and reputation of the applicant as an owner or operator of a hospital or similar institution.

  (e)   The board shall take no action on any application until after proper notice has been given and a public hearing has been held. The board shall give public notice at least forty-five (45) days prior to the date of the proposed hearing.

  (f)   The board shall by resolution approve or disapprove the application within sixty (60) days of the hearing, unless it extends the time for decision.

**Sec. 25-26. Approval of construction plans.**

  Plans for construction of a structure to be used as a hospital, nursing home, personal care home or domiciliary care home shall be submitted to the director for approval prior to commencement of construction. Hospitals shall submit a resolution approving establishment as required by section 25-25 with their construction plans.

**Sec. 25-27. Buildings to be detached; exceptions.**

  Any new building designed as a nursing, convalescent, or care home and any existing building proposed for conversion for such use, must be a completely detached structure, no part of which is used for any other purpose. However, an existing building may be converted to such use if:

  (a)   The building is unattached and accessible for fire fighting purposes and evacuation of patients at all levels on 3 sides, as approved by the Department of Permitting Services.

  (b)   It is separated from adjacent structures on the fourth side by a fire wall extending from the ground to thirty (30) inches above the roof, and having a four-hour fire resistance rating (the equivalent of a solid eight-inch-thick brick wall).

  (c)   It complies with all other governing laws or ordinances.

  Nursing, convalescent and care homes now located in buildings which do not comply with this section shall relocate in acceptable buildings.

**Sec. 25-28. Approval of water supply, plumbing, etc., systems.**

  No system of water supply, plumbing, sewage, garbage or refuse disposal for institutions shall be installed nor shall any such system be materially altered or extended until complete plans and specifications for the installation, alteration or extension, together with such information as may be required, have been submitted to and approved by the department and divisions of building and fire protection.

**Sec. 25-29. Location; exposure to smoke, odors and dust.**

  Homes shall be so located that they are free from undue noises, and from railroads, freight yards, main traffic arteries, schools and children's playgrounds. The homes shall not be exposed to smoke, foul odors or dust from nearby industrial plants.

**Sec. 25-30. Service road.**

  Each home shall be served by a good road, which is kept passable at all times of the year.

**Sec. 25-31. Telephones.**

  There shall be a telephone in the building and such additional telephones or extensions as are required to summon help promptly in case of fire or other emergencies. Pay stations or locked telephones do not meet this requirement.

**Sec. 25-32. Construction requirements generally.**

  Construction shall provide for the safety and protection of patients and personnel. Walls and floors shall be of a character to permit frequent washing, cleansing and painting. The construction of the building shall be such as to prevent the entrance and harborage of rats and other rodents. The building shall be kept in good repair.

**Sec. 25-33. Stairways.**

  (a)   Stairwells shall be enclosed at each floor level including the first floor level, unless the fire authorities specifically waive this regulation for the first floor level. This regulation is waived in institutions having an approved sprinkler system.

  All new homes opening after the date of approval of this regulation by the state board of health shall comply with this regulation before opening. Those in existence as of the date of approval of this regulation by the state board of health shall be required to comply within one (1) year from that date.

  (b)   Where the stairway to the basement is located directly beneath a stairway from the first to the second floor, the walls and soffit of the basement stairs shall be lined with metal lath covered with cement or vermiculite plaster and the door at the head of such stair shall be metal covered and self-closing.

  (c)   All fire escapes and interior stairways which are to be used for the evacuation of patients shall be forty-two (42) inches in width in institutions opening after the date of establishment of this regulation.

  (d)   Stairways shall be provided with hand rails.

  (e)   Nursing and care homes with five (5) beds or less shall be exempt from the provisions of subsections (a), (b) and (c) of this section.

**Sec. 25-34. Heating.**

  (a)   The building shall be equipped with a central heating unit adequate to maintain a minimum temperature of seventy (70) degrees Fahrenheit at all times in the patient area.

  (b)   The heating unit shall be enclosed by a fire resistive wall and ceiling, the entrance to which shall be equipped with an approved fire door with a self-closing device. Nursing and care homes with five (5) beds or less are excepted from this requirement, but such homes shall cover the ceiling above the furnace with fire resistive materials.

  (c)   Stoves and individual room heaters are a fire hazard and are not acceptable.

  (d)   Chimneys, flues and pipes connected with the heating facility shall be checked and cleaned annually.

  (e)   Asbestos, cinderblock and metal protectors shall be used whenever contact with the heating facilities presents a fire hazard.

  (f)   The fuel supply shall be handled according to the regulations of the division of fire protection. If coal is used, ashes shall not be stored in flammable containers pending disposal.

**Sec. 25-35. Ventilation.**

  (a)   Generally. The building shall be adequately ventilated at all times. Special attention shall be given to the ventilation of patients' quarters so as to supply fresh air and prevent the accumulation of objectionable odors.

  (b)   Toilets. Toilets without outside ventilation may not be used unless there is adequate system of forced ventilation.

**Sec. 25-36. Lighting.**

  (a)   Generally. Each patient's room shall be lighted by outside windows and shall also have artificial light adequate for reading and other uses as needed. All entrances, hallways, stairways, inclines, ramps, cellars, attics, storerooms, kitchens, laundries and service units shall have sufficient artificial lighting to prevent accidents and promote efficiency of service.

  (b)   Emergency lighting. Emergency lighting shall be provided and readily available to personnel on duty. Open flame shall not be used for illumination.

**Sec. 25-37. Elevators.**

  Elevators and machinery shall be maintained, checked and kept in good condition at all times.

**Sec. 25-38. Fire protection generally.**

  (a)   Generally. All institutions shall be free from fire hazards and comply with all fire laws, ordinances, rules and regulations applicable thereto and designed for fire prevention and control.

  (b)   Inspections. Institutions shall be inspected and approved by the division of fire protection.

  (c)   Placement of patients--Class A structures. In class A structures placement of patients is limited only by established space and facilities requirements.

  (d)   Same--Class B structures. In class B structures placement of patients is limited to ground floors (that is, floors with ground level exits) and two (2) floors above the ground floor, or a total of three (3) floors.

  (e)   Same--Class C structures. In class C structures placement of patients is limited to bedridden and blind patients on the ground floor and ambulant patients on one (1) floor above the ground floor.

  (f)   Personnel quarters in classes B and C structures. In classes B and C structures, one (1) additional floor may be used as quarters for personnel.

  (g)   Basement exits. There shall be provided a minimum of two (2) exits from the basement, remote from each other, at least one (1) of which is to the exterior. Nursing and care homes with five (5) beds or less are excepted from this requirement.

  (h)   Fire detectors. Fire detectors installed in accordance with NBFU Pamphlet # 72 are required in the ceiling of the cellar, kitchen, laundry and furnace room and head of cellar stairs. Alarms which function with sprinkler systems meet this requirement. Nursing and care homes with five (5) beds or less are excepted from this requirement.

  (i)   Stairways to be unobstructed; maintenance of fire exit doors. Stairways shall be kept free of obstructions and fire exit doors maintained in such working order that patients will be able to operate them.

  (j)   Smoking by patients. If patients are allowed to smoke, smoking shall be carefully supervised and all smoking materials and matches kept under surveillance by personnel of institution.

  (k)   Sprinkler systems. Every sprinkler system in an institution shall be installed by experienced personnel regularly engaged in making sprinkler installations, using only materials and methods approved by the Underwriters' Laboratories, Inc., or the National Board of Fire Underwriters, for "light hazard occupancy," in accordance with NBFU Pamphlet # 13.

  In inaccessible or "blind" spaces no sprinklers are required unless the spaces conceal steam pipes, electric wiring or hot air ducts. No protection is required in roof spaces or ceilings over open porches.

  "Wet" type systems are permitted only where no more than three (3) sprinkler heads are subject to any risk of being frozen in cold weather. Antifreezing solutions are not permitted.

  The system shall include a water motor alarm gong; shall be provided with F.D. Siamese connection, a three-inch check valve and a three-inch pipe between same and the main line system.

  Where not on public water, water supply may be based on six thousand (6,000) gallons (minimum) pneumatic storage tank supply,or equivalent elevated tank system, in either case conforming with the National Board of Fire Underwriters' standards.

**Sec. 25-39. Housekeeping facilities; maintenance of premises generally.**

  Housekeeping facilities and services are required to be such that comfortable and sanitary living conditions for patients and employees are maintained constantly. Accumulated waste material shall be removed from the confines of the building daily. The premises shall be kept free from rodent and insect infestation.

**Sec. 25-40. Plumbing, etc., facilities.**

  (a)   Construction, installation and maintenance. All plumbing, plumbing fixtures, sterilizers and other similar equipment shall be so constructed, installed and maintained to prevent cross connections or other sanitary hazards, as required by the state board of health and county regulations.

  (b)   Bath and toilet facilities-Required. A sanitary bath, water closet and lavatory shall be provided on each floor where patients or personnel sleep.

  (c)   Same-Minimum requirements. There shall be at least the following:

    (1)   One (1) water closet for each eight (8) patients.

    (2)   One (1) bath or shower for each twelve (12) patients.

    (3)   One (1) lavatory for each four (4) patients.

  (It is recommended that one (1) lavatory be provided in each patient's room.)

  (d)   Clinical sink, etc. A clinical sink or bedpan hopper shall be provided for washing of bedpans and the like. Nursing and care homes with five (5) beds or less are excepted from this requirement.

  (e)   Handrails for tubs. Stationary handrails shall be provided for use of infirm patients in getting in and out of tubs.

**Sec. 25-41. Water supply generally.**

  The water supply shall be approved by the state board of health. There shall be an ample supply of hot water available at all times for general use.

**Sec. 25-42. Sewage disposal.**

  Sewage shall be discharged in a municipal sewerage system where such system is available. Otherwise, the sewage shall be collected, treated and disposed of in an independent sewerage system which complies with the standards approved by the state board of health.

**Sec. 25-43. Garbage, etc., storage and disposal.**

  (a)   Containers. Garbage shall be kept in watertight metal containers with tight-fitting covers. They shall be emptied at frequent intervals and shall be thoroughly scoured and aired before using again.

  (b)   Burning. Infectious waste materials shall be burned on the premises. Other garbage may also be burned if no satisfactory garbage collection service is available. If burning is the method used for disposal of garbage, an approved incinerator shall be available for the purpose. Wire baskets are not acceptable for they constitute a fire hazard.

  (c)   Storage space. Storage space should be provided for garbage and trash awaiting pickup.

**Sec. 25-44. Screens.**

  All outside doors, windows and other outside openings shall be screened with wire screen or its equal with not less than sixteen (16) meshes per linear inch. All screen doors shall be equipped with self-closing devices and, when closed, fit tightly enough to prevent entrance of flies, mosquitoes and other insects. Window screens shall fit closely enough to keep out insects and be easily adjustable so that they will not serve as a block for the evacuation of patients in case of fire.

**Sec. 25-45. Cleaning of linens, etc.**

  The institution shall make provisions for the proper cleansing of linens and other washable goods.

**Sec. 25-46. Food service.**

  (a)   Personnel.

    (1)   Generally. The food service department shall be under the supervision of a person skilled in the selection, handling, preparation and serving of food and the supervision and management of food handlers. There shall be a sufficient number of cooks, dishwashers and maids to properly prepare three (3) well-balanced meals daily.

    (2)   Clothing, etc. It is mandatory that all cooks and food handlers wear clean garments (uniforms are desirable) and hair nets or clean caps, and keep their hands and fingernails clean at all times.

    (3)   Education and Instruction. Adequate instructions for employees in acceptable and sanitary food handling practices are required. Educational material and services are available from the department.

    (4)   Standards and Inspections. All institutions caring for six (6) or more persons shall comply with grade A standards established by the county board of health in its regulations for eating and drinking establishments. All institutions shall be inspected regularly by the department as to the cleanliness of food and food containers and as to the protection of food from spoilage.

  (b)   Physical facilities.

    (1)   Generally. There are seven (7) major phases of work including: Receiving of food and supplies, storage, preliminary preparation, cooking, serving, return of soiled dishes and dishwashing, and garbage disposal. All or part of these units may be provided in the main kitchen.

    (2)   Location:

      a.   The food service department shall be located in the main building or an attached building. It is recommended that it be located on the ground floor. If the food service rooms are located below the ground floor, adequate light and ventilation shall be provided by windows.

      b.   To facilitate receiving food supplies and the disposal of waste, a convenient outside entrance shall be planned.

      c.   No toilet rooms or sleeping rooms shall open directly into any kitchen or ward serving pantry.

    (3)   Space. Space requirement varies from twelve (12) square feet to as much as thirty (30) square feet per bed depending upon the type of patient served.

      a.   There shall be an aisle of at least three (3) feet between working areas, and wider is desirable if the aisle is used as a passageway.

      b.   Ceiling height shall be at least eight (8) feet, and higher is desirable.

    (4)   Storage.

      a.   The amount of storage space needed is dependent upon frequency of deliveries. It is recommended that its location be within easy access to the receiving area and the kitchen.

      b.   The storeroom shall be cool, well ventilated and fitted with metal shelving, metal bins or covered galvanized cans for storage of staple foods.

      c.   All supplies shall be stored off the floor and away from the wall so as to allow for cleaning. All precautions shall be taken against the invasion of rodents and insects, the seepage of dust and water leakage or other sources of contamination. Care shall be exercised in the rotation of stored foods so that the sold stock is used first.

    (5)   Refrigeration.

      a.   Where delivery is on a bi-weekly basis, a space of one and one-half (1 1/2) to two (2) cubic feet per person, including personnel, is required. Size would have to be adjusted to other schedules of delivery.

      b.   Where separate refrigeration can be provided, recommended temperatures for storing perishable foods are: thirty-two (32) degrees to thirty-eight (38) degrees Fahrenheit for meats, forty (40) degrees Fahrenheit for dairy products and forty-five (45) to fifty (50) degrees Fahrenheit for fruits and vegetables. If it is impracticable to provide separate refrigeration, the temperature shall be maintained at forty (40) degrees Fahrenheit or less.

  (c)   Preparing and serving food.

    (1)   Normal Diet.

      a.   A well-balanced diet of good quality food, correctly prepared and sufficient in quantity to meet the nutritional needs of the patients shall be served three (3) times daily. This shall include for each day:

        1.   Three (3) cups of milk per person.

        2.   Two (2) servings of fruit (one citrus).

        3.   One (1) to two (2) servings of meat, poultry or fish.

        4.   A minimum of four (4) eggs weekly.

        5.   Two (2) tablespoons of butter or fortified margarine.

        6.   Cereals or bread (whole wheat or enriched) every meal.

        7.   Potatoes once a day.

        8.   Two (2) servings of vegetables (one (1) leafy green or yellow), in addition to potatoes.

        9.   Simple desserts (stewed or canned fruit, custard or pudding, ice cream, etc.)

      b.   The method of serving food shall be such that the food reaches the patient in good condition. Hot foods should be served hot; cold foods should be served cold.

      c.   Special attention shall be given to the texture of food given patients without dentures or with poor dentures because of their difficulty of mastication.

      d.   A time schedule for service of meals to patients and personnel shall be established, and it is recommended that meals be served approximately five (5) hours apart but it shall not be longer than fourteen (14) hours from the evening meal until breakfast.

    (2)   Therapeutic or Special Diets. Therapeutic diets shall be provided as ordered by the patient's physician as part of the course of treatment of the patient. Therapeutic or special diets as ordered by physicians shall be posted in the kitchen.

    (3)   Menus.

      a.   Menus shall be planned and written one (1) week in advance in order to insure variety and an adequate diet. This help to plan kitchen work efficiently and to facilitate marketing. A copy of menus shall be posted in the kitchen.

      b.   Menus showing food actually served each day shall be recorded and kept on file. Nursing and care homes with five (5) beds or less are excepted from his requirements.

    (4)   Distribution of Food.

      a.   A satisfactory method of food distribution shall be provided. In institutions of more than one (1) story, where more than six (6) patients above the first floor receive bedside tray service, a dumbwaiter or elevator or ward serving pantries shall be provided.

      b.   Cracked and chipped china shall not be used.

    (5)   Domestic Animals. Domestic animals are not permitted in any place where food is prepared or served.

  (d)   Dining rooms.

    (1)   Lighting an Ventilation. Dining rooms shall be well lighted and ventilated.

    (2)   Location. It is recommended that dining rooms be located adjacent to the kitchen in order to facilitate the serving of food.

    (3)   Space, etc. Dining areas shall be adequate for both patients and personnel. Twelve (12) square feet per person is recommended whether dining room or cafeteria service is used. When wheel chair patients are fed in the dining room, greater floor space per person will be necessary. The kitchen shall not be used as a dining room for patients or personnel.

  (e)   Milk supply.

    (1)   Source. The source of supply and distribution shall be approved by the state department of health or local authority. Pasteurized milk shall be used.

    (2)   Storage. Milk must be stored in tightly-covered containers.

  (f)   Ice. Ice that is used in direct contact with food and drink shall be obtained from sanitary sources and handled in a sanitary manner.

  (g)   Cleansing of food containers.

    (1)   Generally. Centralized dishwashing is advocated, even with decentralized food service, because it limits noise on floors, lessens the number of employees required and allows for better control of breakage, and supervision of operation.

    (2)   Separate Room. A separate room for dishwashing is desirable. It should be compact, light and airy.

    (3)   Location of Dishwashing Unit. The dishwashing unit may be directly adjacent to the dining room; however, in locating the unit care shall be taken so that the service of soiled dishes will not interfere with the routing of service.

    (4)   Equipment.

      a.   Provision of a three-compartment sink or a dishwashing machine in the dishwashing unit is mandatory. Nursing and care homes with five (5) beds or less may use a two-compartment sink with a spray rinse.

      b.   The dishwashing unit shall also include tables for soiled and clean dishes, storage cupboards and trucks for transporting dishes to and from the unit. If dishwashing is decentralized, provision of a three-compartment sink and tables or a dishwashing machine in each serving pantry is mandatory.

    (5)   Procedure.

      a.   All food containers shall, following the last preceding use, be washed until visibly clean in warm water containing an ample quantity of soap or alkaline cleanser.

      b.   After cleaning, all food containers shall be rinsed with clear running water or immersed in a suitable receptacle containing clear water.

      c.   All food containers, after cleaning and rinsing, shall be disinfected by one of the following procedures:

        1.   Immersion in water at a temperature of not less than one hundred eighty (180) degrees Fahrenheit for not less than one (1) minute, or

        2.   Immersion in a solution containing not less than one hundred (100) parts per million available chlorine for one (1) minute and allowed to drain on a wire or corrugated metal rack.

      d.   After cleaning, rinsing and disinfecting, the food containers shall be stored in such a manner as not to become contaminated before reuse.

      e.   The wiping of food containers after washing, rinsing and disinfecting is prohibited.

      f.   The results obtained with dishwashing machines shall be equal to those obtained by the method outlined above.

  (h)   Facilities for personnel.

    (1)   Handwashing Facilities. It is mandatory that handwashing facilities be provided in all kitchens, ward serving pantries and washrooms used by food handlers. They shall be equipped with an adequate supply of soap, disposable towels, and hot and cold running water. The use of the common towel is prohibited. Hands shall not be washed in sinks where food is prepared.

    (2)   Lockers. Lockers or cloakrooms for personnel shall be provided and wraps shall not be hung in the kitchen area.

    (3)   Rest Rooms. Rest rooms shall be provided for personnel.

**Sec. 25-47. Admission policies.**

  Admission policies shall be as set forth in the regulations of the state department of health. In addition thereto, the following requirements shall apply:

  (a)   Physician's statement required prior to admission of patient. Every operator of a nursing home and care home shall obtain a statement from a licensed physician as to the health condition and medical and nursing needs of a patient before such patient is admitted. Such statement shall include evidence from a physician satisfactory to the county health officer that the patient is free from tuberculosis in a communicable state.

  (b)   Discretion to be exercised. Institutions shall exercise discretion to avoid admitting patients whose condition indicates the need for a type of service and care that is not available in the institution.

**Sec. 25-48. Medical care for patients generally.**

  Every institution shall make provision for every patient to receive medical care by a physician when needed. Every operator of a nursing home and hospital shall promptly provide medical or nursing care whenever required for any patient. If any patient becomes acutely ill or shows a sudden mental deterioration, the next of kin, or some person responsible for the care and maintenance of the patient or designated by him shall be notified at once. Any specific order given by a physician for the treatment or care of any patient shall be reduced to writing by the operator of the institution or by the physician and no medical treatment shall be rendered patients except upon the order of a physician.

**Sec. 25-49. Patient accommodations generally.**

  (a)   Rooms.

    (1)   Location; Light. Each patient's room shall be an outside room with a satisfactory amount of natural light.

    (2)   Outside Door. Each patient's room shall have a door opening into an exit or into a hall leading to an exit.

    (3)   Inside Rooms. Patients shall not be kept in rooms in which the only means of outside communication is through another room. Nursing and care homes with five (5) beds or less are excepted from this requirement.

    (4)   Internal Access. Each room must have internal access to the rest of the building.

    (5)   Basement Rooms. Patients shall not be kept in rooms extending below the ground level.

    (6)   Segregation for Privacy. Where both male and female patients are admitted, the rooms shall be segregated so as to allow for privacy.

    (7)   Isolation Rooms. There shall be made available one or more rooms which shall be used for isolation of patients with communicable diseases and for seriously ill or terminal cases. Nursing and care homes with five (5) beds or less are excepted from this requirement.

  (b)   Floor and window space.

    (1)   Floor Space. Beds shall be spaced so as to provide adequate room for nursing procedures, and to prevent transmission of infection. The following allowance of floor space is considered a minimum:

  Rooms for only one (1) patient, one hundred (100) square feet.

  Rooms for two (2) or more patients, eighty (80) square feet per bed.

  Care homes may calculate day-room space up to twenty-five (25) percent of the required floor area.

  The usable floor area for floors having sloping walls shall be calculated for bed occupancy only for that area having a ceiling height of eight (8) feet and fifty (50) percent of the area having a ceiling height between four (4) feet and seven (7) feet six (6) inches; provided, that at least fifty (50) percent of the total area has a ceiling height of eight (8) feet. Beds shall be placed at least three (3) feet apart.

    (2)   Window Area. The window area shall not be less than ten (10) square feet per bed. Half of this shall be openable.

  (c)   Furnishings.

    (1)   Bed, Mattress and Pillows. A bed, mattress and pillows shall be provided for each patient.

    (2)   Bedding and Linen. A sufficient supply of clean bedding and bed linen shall be in use and available at all times.

    (3)   Chair and Dresser, etc. In addition to the bed, the patient unit shall be provided with at least one (1) chair and either a dresser, locker or compartment bedside table to accommodate the patient's personal possessions such as toilet articles and clothing.

    (4)   Cleaning and Disinfection. After the discharge of each patient the complete unit shall be thoroughly cleaned, including all articles of equipment that were used for the special care of the patient; such articles as bedpans and thermometers shall be disinfected.

  (d)   Signal system. A signal system shall be maintained for patients to use in calling nurses and attendants. Hand bells are acceptable for use in small institutions.

**Sec. 25-50. Facilities and equipment for patient care.**

  (a)   Space requirements.

    (1)   Cleaning and Storage of Nursing Supplies and Equipment. There shall be adequate space and facilities for the proper cleaning and storage of nursing supplies and equipment. This space shall be removed from patient contacts and kept stocked and in order so that the contents are easily available for use by the nurse or attending staff. Care homes having five (5) beds or less are excepted from this requirement.

    (2)   Storage and Preparation of Medicines. Suitable provisions shall be made for the storage and preparation of medicines. Care homes having five (5) beds or less are excepted from this requirement.

  (b)   Equipment and supplies for bedside care. There shall be sufficient equipment for nursing care according to the type of patient. The following is not a complete list of nursing equipment needed for the care of patients, the aim, rather, has been to include certain minimum essentials and point out special precautions which shall be taken in their use.

    (1)   Linen.

      a.   The following articles of linen are required for the treatment or care of the patient and to keep the bed in a comfortable and sanitary condition:

          Large sheets

          Draw sheets*

          Pillow slips

          Bedspreads

          Bath towels

          Face towels

          Bath blankets*

          Wash cloths

          Bedpan covers*

          Mattress covers

          Hot water bottle covers*

          Ice cap covers*

          Bath mats

        *Care homes with five (5) beds or less are excepted.

      b.   Individual towels and wash cloths shall be provided for each patient.

      c.   Bedpan covers shall not be used interchangeably.

    (2)   Utensils and Other Supplies Needed.

      a.   There shall be individual wash basins, mouth wash cups and drinking glasses for each patient.

      b.   In addition to the above articles there shall be the following articles for general use*:

          Mouth thermometers

          Rectal thermometers

          Hypodermic syringes and needles

          Bath thermometers

          Hot water bottles

          Ice caps

          Enema apparatus

          Douche apparatus

          Scales

          Urinals

          Bedpans

          Rubber sheeting

          Rectal tubes

          Catheters

          First aid dressings

          Tongue depressors

          Applicators

          Rubber rings

          Side boards for beds

          Wheelchairs

          Curved basins

          Clinical medicine glasses

          Covered water pitchers

        *Care homes having five (5) beds or less are excepted from this requirement.

      c.   Hot water bags shall be covered before placing in beds or on a patient. The greatest care shall be exercised in their use to see that water is not too hot and bags are not leaking. The water shall not be over one hundred twenty (120) degrees Fahrenheit.

      d.   A bath thermometer shall be used to test water.

      e.   Electric heating pads shall not be used.

  (c)      Restraints.

    (1)   When Permitted. Restraints shall be applied only as an essential measure to prevent the patient from harming himself or others, after alternative measures have been proven unsuccessful.

    (2)   Physician's Order-Required. There shall be a written order signed by a physician approving the use of restraints either at the time they are applied to the patient, or in case of emergency, as soon as possible and not more than twenty-four (24) hours after they have been applied by the person in charge of the institution.

    (3)   Same-Time Limitation; Additional Orders. The physician's order for restraint shall not extend beyond twenty-four (24) hours. If restraint is required beyond this period the physician's order shall be written at twenty-four-hour intervals.

    (4)   Form. The form of restraint used shall not cause injury to patients.

    (5)   Locking Doors-Generally. Patients shall not be kept behind locked doors, that is, doors which patients cannot open, unless a patient becomes too difficult to manage, in which case the room shall be located on the first floor and the door shall not be locked with a key.

    (6)   Same-By Patients. Patients shall not be permitted to lock doors to their rooms.

  (d)   Handling and storage of medicines.

    (1)   Generally. All medicines and stimulants shall be plainly labeled and stored in a specially designated, well-illuminated locked medicine cabinet, closet or storeroom and be accessible only to nursing personnel. The medicine cabinet or closet shall be located near running water to facilitate the preparation of doses.

    (2)   Narcotics, etc. Narcotics, sedatives and other dangerous drugs shall be securely locked and accessible only to the nurse in charge.

    (3)   Old Medications. Old medications including prescriptions for patients who have left the institution shall be discarded.

  (e)   Handwashing facilities. There shall be adequate handwashing facilities with soap and a sufficient supply of linen or paper towels so that a fresh towel can be used for every handwashing. The use of a common towel is prohibited.

**Sec. 25-51. Personnel.**

  (a)   Medical attendance.

    (1)   Patient's Physician. All persons admitted to any nursing or convalescent home shall be under the care of a licensed physician. The name, address and telephone number of the physician attending each patient shall be recorded for ready reference.

    (2)   Emergency Physicians. All institutions shall arrange for one (1) or more licensed physicians to be called in an emergency.

    (3)   Physician's Order for Medication or Treatment. No medication or treatment shall be given except on the written order of a physician.

    (4)   Physicians' Visits. Patients in nursing homes shall be visited by a licensed physician at least every two (2) months.

  (b)   Nursing service.

    (1)   Head Nurse. Nursing homes shall have a qualified nurse responsible for the nursing service. A qualified nurse shall mean a graduate nurse registered in this state, or a practical nurse licensed in this state; provided, that a graduate nurse eligible for registration in this state or a practical nurse eligible for licensure in this state may be considered qualified for three (3) months pending registration or licensure in this state.

    (2)   Personnel Generally; Minimum Bedside Care Required. Sufficient personnel shall be employed to give adequate care to patients both day and night. A minimum of two (2) hours of bedside care per patient per day is required.

    (3)   Relief Personnel. Provisions shall be made for relief personnel during vacation or other relief periods.

    (4)   Circulative Nurses; Emergency Procedures.

      a.   In institutions located in structures equipped with an automatic sprinkler system approved by the fire marshal, a minimum of one (1) nursing employee for each twenty-five (25) patients shall be circulating throughout the institution at all times.

      b.   In institutions located in structures not equipped with an approved automatic sprinkler system, a minimum of one (1) nursing employee for each twenty-five (25) patients shall be circulating throughout the institution at all times; provided, that between the hours of 11:00 p.m. and 7:00 a.m. one (1) nursing employee for each fifteen (15) patients shall be circulating throughout the institution at all times and be available in case of fire or other emergency. However, in calculating the number of nursing employees required to be circulating at all times between the hours of 11:00 p.m. and 7:00 a.m., in addition to at least one (1), credit of one-half person may be allowed from sixteen (16) to forty-five (45) patients for an employee, owner, operator or licensee who is actually on the premises and is able and readily available to respond to emergencies.

      c.   All persons assigned duties in nursing homes shall be instructed in emergency procedures and as to the locations of all patients and means of evacuation in emergencies.

    (5)   Personal Attention and Care of Patients. Each patient shall be given such personal attention and care including personal attention and care including personal hygiene, as is ordered or indicated.

  (c)   Dental and specialized care. Dental care and other specialized forms of medical and surgical services shall be arranged for on the order of the attending physician.

**Sec. 25-52. Reports.**

  Any occurrence, such as epidemic outbreaks, poisonings or other unusual occurrences which threaten the welfare, safety or health of any patient admitted to any institution shall be immediately reported to the state board of health and the county health officer. The institution shall furnish such information related to such occurrences as the state board of health and county officer may require.

  All institutions shall submit annual reports to the state board of health and county health officer, as required.

### Article IV. Building and Fire Regulations.

**Sec. 25-53. Compliance with building code.**

  (a)   No license shall be granted for the operation of any institution unless the building or structure in which the institution is housed meets the requirements of the building code in effect at the time that such building or structure is devoted or converted to such use, except as certain exceptions to such code are expressly provided for by this section or by rules and regulations adopted pursuant to this chapter. Prior to adoption of a building code applicable to the entire county, the building or structure in which such institution is housed, whether within or without the Maryland--Washington Regional District, shall, at the time it is devoted or converted to such use, meet the requirements of the Building Code for the Maryland-Washington Regional District. This section shall not apply to any institution in operation and duly licensed on the effective date of this article.

  (b)   A license to operate in a class C structure may be granted to any institution which provides care to not more than five (5) patients as an exception to the building code; provided, that the institution is in compliance with all other applicable provisions of this chapter and standards, rules and regulations for the health, safety, welfare and physical requirements of the patients.

**Sec. 25-54. Hydrants and water storage facilities.**

  (a)   New institutions. No license shall be granted for the operation of any institution unless it is located within one thousand (1,000) feet of a fire hydrant or within one thousand (1,000) feet of water storage facilities provided and maintained for the purpose of fighting fire. Such water storage facilities shall be accessible to fire department pumpers, shall be kept filled with water at all times, and shall have a capacity of not less than one hundred thousand (100,000) gallons.

  The provisions of this subsection shall not apply to any institution in operation and duly licensed upon the effective date of this section.

  (b)   Existing institutions. No license shall be granted for the operation of any institution unless it is located within one thousand (1,000) feet of a fire hydrant or within one thousand (1,000) feet of water storage facilities provided and maintained for the purpose of fighting fire. Such water storage facilities shall be accessible to fire department pumpers, shall be kept filled with water at all times, and, in the case of an institution having a ground floor area of twelve hundred (1200) square feet or less, shall have a capacity of not less than one thousand (1,000) gallons, and, in the case of an institution having a ground floor area in excess of twelve hundred (1200) square feet, shall have a capacity of not less than two thousand (2,000) gallons.

  (c)   Exceptions to section. The provisions of this section shall not apply to any institution heretofore or hereafter licensed which has a maximum capacity of ten (10) patients or less, nor shall the provisions of this section apply to any institution equipped with an approved type automatic sprinkler system.

**Sec. 25-55. Buildings to be accessible to fire department apparatus.**

  No license shall be granted for the operation of any institution unless the building or structure in which such institution is housed is accessible to fire department apparatus at any time of the year in all kinds of weather.

**Sec. 25-56. Fire alarm system.**

  No license shall be granted to any institution having the capacity to accommodate more than ten (10) patients unless there has been installed in the interior thereof a fire alarm system approved by the fire marshal. Institutions with an approved type sprinkler system are excepted from this section.

**Sec. 25-57. Automatic sprinkler system required in certain institutions.**

  After May 1, 1964, no license shall be granted to any institution located in a class C non-fire-resistive structure of more than one (1) story with a capacity of fifteen (15) beds or more unless such structure is equipped with an automatic sprinkler system approved by the fire marshal.

### Article V. Hospital Care for Indigent Residents.

**Sec. 25-58. Authority of county executive to contract with accredited hospitals.**

  The county executive, with the advice of the county health officer, is hereby authorized at any time and from time to time to negotiate and contract with any hospital accredited by the American Hospital Association and the American College of Surgeons for the care in such hospitals of indigent and medically indigent residents of the county who are certified by the county welfare board as eligible for payment of cost of care by the county, pursuant to rule 900 of the manual of the state department of public welfare.

**Sec. 25-59. Rate of payment to hospitals-State aided hospitals.**

  Under contracts as authorized by the preceding section, the rate of payment per patient day to be paid by the county to any hospital, receiving state aid under the hospital in-patient program of the state health department, shall be established at a computed rate of twenty (20) percent of the average patient day cost to the hospital for care as such cost is computed anddetermined by audit procedures approved by the state department of health; provided, that the liability of the county for cost of care shall not exceed the above twenty (20) percent of such patient day cost whether or not the hospital is paid by the state or other source for the remaining eighty (80) percent of care cost.

**Sec. 25-60. Same-Hospitals not receiving state aid.**

  The rate per patient day to be paid by the county under contract to any hospital not eligible for the state aid program shall not exceed the hospital's audited cost per patient day for the last succeeding audit year; provided, that in no event shall payment by the county to such contract hospital exceed thirty-eight dollars and fifty cents ($38.50) per patient day.

**Sec. 25-61. Noncontract hospitals.**

  The county is further authorized from time to time to pay cost of care or residents of the county eligible under section 25-58 at hospitals with which the county does not have a contract for care, for emergency admissions, for treatment not obtainable at a contract hospital or for other necessary reasons; provided, that such payment shall not exceed the hospital's audited cost per patient day; provided further, that such payment shall in no event be more than seventeen dollars ($17.00) per patient day.

**Sec. 25-62. Out-patient and clinic visits.**

  The rate of payment to be made by the county to any hospital or clinic for out-patient visits for county eligible patients certified in accordance with section 25-58 shall not exceed the actual cost to the hospital or clinic of such visit, as determined by a method of accounting approved by the state department of health for computation of such costs, or sixty dollars ($60.00) per visit, whichever is less; such payment to include all medical, surgical, laboratory, X-ray, drug and other costs and charges of every kind and description. If the cost of such visit is paid in part by the state, or any other governmental or charitable agency or other source, the county shall in no event pay more than the difference between the other payment and the actual cost or six dollars ($6.00), whichever is less.

**Sec. 25-63. Appropriation required.**

  All contracts authorized under the provisions of this article shall be valid and binding only to the extent that funds are provided therefor by the annual appropriation action by the council.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 25A. Housing, Moderately Priced.

**Sec. 25A-1. Legislative findings.**

  (a)   The County enacted the Moderately Priced Dwelling Unit (MPDU) law in 1973 to:

    (1)   help meet the goal of providing a full range of housing choices for all incomes, ages and household sizes;

    (2)   meet the existing and anticipated need for low and moderate-income housing;

    (3)   ensure that moderately priced housing is dispersed throughout the County consistent with the General Plan and area master plans; and

    (4)   encourage the construction of moderately priced housing by allowing optional increases in density including the MPDU density bonus to offset the cost of construction.

  (b)   In 2004, the County Council amended the MPDU program to:

    (1)   Reduce the loss of MPDUs by extending the control period for for-sale MPDUs from 10 years to 30 years and for rental MPDUs from 20 years to 99 years;

    (2)   Allow different income eligibility standards in recognition of the higher cost of construction of certain types of housing;

    (3)   Increase the number of developments required to provide MPDUs by lowering the base requirement from any development with 35 or more units to 20 or more units; and

    (4)   Place additional requirements and structure on the approval of an alternative payment made to the Housing Initiative Fund in place of providing MPDUs.

  (c)   In 2018, the County Council finds that:

    (1)   The availability of affordable housing continues to be a problem for low and moderate-income households.

    (2)   The 2015 report “The Greater Washington Region’s Housing Needs 2023” projects that Montgomery County will need 14,960 new housing units for households earning less than 80% of area median income.

    (3)   The 2017 Montgomery County Rental Housing Study reports that 68% of households with incomes between 50% and 80% of area median income report paying more than 30% of income for rent and 15% report being extremely rent burdened, paying more than 50% of income for rent.

    (4)   The creation of income-restricted affordable housing through construction and preservation is critical as market rents continue to increase.  The American Community Survey reports that there were 9,189 fewer rental units with rents between $750 and $1,499 from 2010 to 2014.

    (5)   MPDUs are one important element for providing income-restricted affordable housing.  There were 664 new MPDUs offered for sale or rent in 2015 and 2016.  As of 2017 there are about 5,300 MPDUs county-wide.

    (6)   Additional density can offset the cost of constructing MPDUs.  It is appropriate to consider different base requirements for MPDUs in conjunction with the approval of different densities and heights in master plans and sector plans.

    (7)   There is unmet demand for MPDUs with two, three, and four bedrooms.  Providing flexibility that allows MPDU agreements based on floor area or square footage, rather than requirements based on the number of bedrooms in market rate units, can help to address this need.

    (8)   Appropriate alternative payments to the Housing Initiative Fund can, in certain circumstances, be used to create more MPDUs in the same Planning Area than providing the MPDUs on site.

    (9)   Montgomery County is committed to its policy of providing affordable housing in all areas of the County to provide opportunity to households of all incomes in each Planning Area.

    (10)   MPDUs can be used in partnership with other housing supports to provide affordable housing to households with very low incomes such as those with incomes below 50% or 30% of area median income.

**Sec. 25A-2. Declaration of public policy.**

  The County Council hereby declares it to be the public policy of the County to:

  (1)   encourage and maintain a wide choice of housing types and neighborhoods for people of all incomes, ages, lifestyles, and physical capabilities at appropriate locations and densities and to implement policies to bridge housing affordability gaps;

  (2)   make housing that is affordable to low, moderate, and middle-income households a priority in all parts of the County;

  (3)   ensure that all master plan and sector plan amendments address the need for housing for low, moderate, and middle-income households and promote specific strategies to meet that need including height and density incentives and flexibility;

  (4)   implement policies that increase the long-term supply of rental housing affordable to low and moderate-income households, particularly in areas that are easily accessible to transit;

  (5)   require that all subdivisions of 20 or more dwelling units include a minimum number of moderately priced dwelling units on-site, or under certain specified circumstances, provide appropriate units off-site or make a payment to the Housing Initiative Fund;

  (6)   allow the Department of Housing and Community Affairs and developers flexibility to enter into affordable housing agreements that address the needs for housing units of different sizes and bedroom counts to better meet the needs of low and moderate-income households; and

  (7)   allow developers of residential units more opportunity to comply with this Chapter and meet the County’s objective of building housing affordable to low and moderate-income households by contributing to the Housing Initiative Fund, alternative location agreements, and flexible development standards that promote production and diversity of housing units.

**Sec. 25A-3. Definitions.**

  The following words and phrases, as used in this Chapter, have the following meanings:

  Age-restricted unit means a dwelling unit, the occupancy of which is conditioned on at least one resident being age 55 or older.

  Applicant means any person, firm, partnership, association, joint venture, business entity, or any other entity or combination of entities, and any transferee of all or part of the land at one location.

  Area median income means the median household income for the Washington, DC metropolitan area as estimated by the U.S. Department of Housing and Urban Development.

  At one location means all adjacent land of the applicant if:

    (1)   The property lines are contiguous or nearly contiguous at any point; or

    (2)   The property lines are separated only by a public or private street, road, highway or utility right-of-way, or other public or private right-of-way at any point; or

    (3)   The property lines are separated only by other land of the applicant which is not subject to this Chapter at the time of any permit, site plan, development or subdivision application by the applicant.

  Available for building development means all land:

    (1)   Owned by, or under contract to, the applicant;

    (2)   Zoned for any type of residential development to which an optional density bonus provision applies;

    (3)   Which will use public water and sewerage; and

    (4)   Which is already subdivided or is ready to be subdivided for construction or development.

  Closing costs means statutory charges for transferring title, fees for obtaining necessary financing, title examination fees, title insurance premiums, house location survey charges and fees for preparation of loan documents and deed of conveyance.

  Commission means the Housing Opportunities Commission of Montgomery County.

  Consumer Price Index means the latest published version of the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any similar index selected by the County Executive.

  Control period means the time an MPDU is subject to either resale price controls and owner occupancy requirements or maximum rental limits, as provided in Sections 25A-8 and 25A-9.  The control period is 30 years for sale MPDUs and 99 years for rental MPDUs, and begins on the date of original sale or rental.  If a sale MPDU is sold within 30 years after its original sale, and if (in the case of a sale MPDU that is not bought and resold by a government agency) the MPDU was originally offered for sale after March 1, 2002, the MPDU must be treated as a new sale MPDU and a new control period must begin on the date of the sale.

  Date of original sale means the date of settlement for purchase of an MPDU.

  Date of original rental means the date that MPDU rental covenants are recorded on the property.

  Department means the Department of Housing and Community Affairs.

  Designated agency means a non-governmental housing development agency or nonprofit business entity designated by the County Executive as eligible to purchase or lease MPDUs under Section 25A-8, following standards established in Executive regulation.

  Director, except as otherwise indicated, means the head of the Department of Housing and Community Affairs, or the Director’s designee.

  Dwelling unit means a building or part of a building that provides complete living facilities for one household, including at a minimum, facilities for cooking, sanitation and sleeping.

  Eligible household means a household whose income qualifies the household to participate in the MPDU program, and who is eligible to buy or rent an MPDU during the priority marketing period.

  Housing Initiative Fund means a fund established by the County Executive to achieve the purposes of Section 25B-9.

  Low income means levels of income within the income range for “very-low income families” established from time to time by the U.S. Department of Housing and Urban Development for the Washington metropolitan area, under federal law, or as defined by executive regulations.

  Moderate income means those levels of income, established in executive regulations, which prohibit or severely limit the financial ability of households to buy or rent housing in Montgomery County.  Moderate income levels must not exceed the “low income” limits set by the U.S. Department of Housing and Urban Development to determine eligibility for assisted housing programs.

  Moderately priced dwelling unit or MPDU means a dwelling unit which is:

    (1)   offered for sale or rent to eligible households through the Department, and sold or rented under this Chapter; or

    (2)   sold or rented under a government program designed to assist the construction or occupancy of housing for households of low or moderate income, and designated by the Director as an MPDU.  When such a dwelling unit is designated as an MPDU, the income limits and other requirements of that particular housing program must apply during the compliance period for that program rather than the requirements set forth herein.  If the compliance period for that program is shorter than the MPDU control period, the MPDU requirements must apply for the balance of the MPDU control period, unless the Director determines that the affordability term of the other program is equivalent to the MPDU requirement.

  Multi-family dwelling unit means a dwelling unit in an apartment, condominium, or mixed-use building type.

  Optional density bonus provision means any increase in density under Chapter 59, in a zoning classification that allows residential development, above the amount permitted in the base or standard method of development, whether by exercise of the optional provisions of Chapter 59 or by any special exception or conditional use.

  Planning Area means one of 37 subareas of the County defined in the earliest planning documents by the Maryland-National Capital Park and Planning Commission and whose boundaries have not changed over time.

  Planning Board means the Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission.

  Priority marketing period is the period an MPDU must be offered exclusively for sale or rent to eligible households, as provided in Section 25A-8.

  Single-family dwelling unit means a single-family detached dwelling unit or single-family attached dwelling unit, such as a townhouse or duplex.

**Sec. 25A-4. Household income and eligibility standards.**

  (a)   The County Executive must set and annually revise standards of eligibility for the MPDU program by regulation.  These standards must specify moderate-income levels for varying sizes of households which will qualify a person or household to buy or rent an MPDU.  The Executive must set different income eligibility standards for buyers and renters.  The Executive may set different income eligibility standards for buyers and renters of higher-cost or age-restricted MPDUs, as defined by regulation.

  (b)   In establishing standards of eligibility and moderate-income levels, the Executive must consider:

    (1)   income levels relative to area median income; and

    (2)   household size and number of dependents.

  (c)   A household that rents an MPDU and lawfully occupies it when the MPDU is offered for sale may buy the MPDU, regardless of the household’s income at the time of sale, if the household met all eligibility standards when the household first rented the MPDU.

  (d)   A household that rents an MPDU after meeting all eligibility standards may continue to occupy the MPDU for the term of the lease even if the household ceases to meet the income eligibility standards.

  (e)   A household that buys an MPDU after meeting all eligibility standards may retain ownership of the MPDU even if the household ceases to meet income eligibility standards during the time that the household owns the MPDU.

  (f)   To be eligible to buy or rent an MPDU other than an age-restricted unit, members of a household must not have owned any residential property during the previous five years.  The Director may waive this restriction for good cause.

**Sec. 25A-5. Requirement to build MPDUs; payment to Housing Initiative Fund; agreements.**

  (a)   The requirements of this Chapter to provide MPDUs apply to any applicant who:

    (1)   submits for approval or extension of approval a preliminary plan of subdivision under Chapter 50 which proposes the development of a total of 20 or more dwelling units at one location in one or more subdivisions, parts of subdivisions, resubdivisions, or stages of development, regardless of whether any part of the land has been transferred to another party;

    (2)   submits to the Planning Board or to the Director of Permitting Services a plan of housing development for any type of site review or development approval required by law, which proposes construction or development of 20 or more dwelling units at one location;

    (3)   submits to the Planning Board or to the Director of Permitting Services a plan to convert an existing property from non-residential use to residential use for any type of site review or development approval required by law, which results in the development of 20 or more dwelling units at one location; or

    (4)   with respect to land in a zone not subject to subdivision approval or site plan review, applies for a building permit to construct a total of 20 or more dwelling units at one location, including a conversion from non-residential to residential use.

  (b)   An applicant for an approval or permit identified in subsection (a) who proposes development of between 11 and 19 dwelling units is not required to provide MPDUs, but must make a payment to the Housing Initiative Fund, as provided by regulation.

  (c)   In calculating whether a development contains a total of 20 or more dwelling units for the purposes of this Chapter, the development includes all land at one location in the County available for building development under common ownership or control by an applicant, including land owned or controlled by separate business entities in which any stockholder or family of the stockholder owns 10 percent or more of the stock.  An applicant must not avoid this Chapter by submitting piecemeal applications or approval requests for subdivision plats, site or development plans, floating zone plans, or building permits.  Any applicant may apply for a preliminary plan of subdivision, site or development plan, floating zone plan, record plat, or building permit for fewer than 20 dwelling units at any time; but the applicant must agree in writing that the applicant will comply with this Chapter when the total number of dwelling units at one location reaches 20 or more.

  (d)   The minimum number of MPDUs required under this Chapter, as a percentage of the total number of dwelling units at that location, not counting any workforce housing units built under Chapter 25B, is:

    (1)   for development in a Planning Area designated by the Planning Board in which at least 45 percent of the United States Census Tracts have a median household income of at least 150 percent of the County-wide median household income, at the time the Planning Board accepts as complete the applicant’s application or plan under subsection (a), 15 percent; or

    (2)   for any other development subject to this Chapter, 12.5 percent.  The Planning Board must update the Planning Area designations under this subsection at least annually.

  (e)   Any applicant subject to subsection (a), in order to obtain a building permit, must submit to the Department of Permitting Services a written MPDU agreement approved by the Director and the County Attorney.  Each agreement must require that:

    (1)   a specific number of MPDUs must be constructed on an approved time schedule;

    (2)   in subdivisions with single-family dwelling units, each MPDU must have three or more bedrooms, unless this requirement is waived by the Director in a subdivision with only two-bedroom market rate units;

    (3)   in subdivisions with multi-family dwelling units, the bedroom mix of the MPDUs must match the bedroom mix of the market-rate units in the subdivision unless the Director approves an MPDU agreement that does not increase the number of MPDUs required, but approximates the total floor area for the MPDUs required, and alters the bedroom mix of the MPDUs or the number of MPDUs; and

    (4)   in subdivisions with both single-family and multi-family dwelling units, the ratio of single-family MPDUs to total MPDUs must not be less than the ratio of market-rate single-family units to total market-rate units in the subdivision, unless the Director finds that:

      (A)   offering more multi-family MPDUs in that subdivision would advance the purpose of the County housing policy and the objectives of any applicable land use plan, be consistent with local housing market conditions, and avoid excessive mandatory condominium or homeowners’ association fees or other costs that would reduce the affordability of sale MPDUs; and

      (B)   if rental MPDUs are proposed, the applicant has demonstrated that it is qualified to manage rental housing.

  (f)   When a development of 20 units or more at one location is in a zone where a density bonus is allowed under Chapter 59; and

    (1)   is covered by a plan of subdivision;

    (2)   is covered by a plan of development, site plan, or floating zone plan; or

    (3)   requires a building permit to be issued for construction,

    the required number or residential floor area of MPDUs is a variable percentage that is not less than a base requirement of 12.5 percent or the higher base requirement under subsection (d), of the total number of dwelling units or residential floor area at that location, not counting any workforce housing units built under Chapter 25B.  The Council may establish a higher base requirement, up to 15 percent of the total number of dwelling units or residential floor area at a location, as part of a master plan approval.  The required number or residential floor area of MPDUs must vary according to the amount by which the approved development exceeds the normal or standard density for the zone in which it is located.  Chapter 59 may permit bonus densities over the presumed base density where MPDUs are provided.

  (g)   The Director may determine whether an MPDU requirement may be satisfied by an alternative payment or location agreement, and may approve an MPDU agreement that:

    (1)   allows an applicant to reduce the number of MPDUs in a subdivision only if the agreement meets all requirements of Section 25A-5A for an alternative payment agreement; or

    (2)   allows an applicant to build the MPDUs at another location only if the agreement meets all requirements of Section 25A-5B for an alternative location agreement.

  (h)

    (1)   An applicant may satisfy this Section by obtaining approval from the Director to transfer land to the County before applying for a building permit.

    (2)   The Director may only approve a transfer of land under this subsection after making a written determination that the value of the land transferred is at least equal to the value of the MPDUs not constructed by the applicant.

    (3)   The Executive must establish procedures for transferring land under this subsection by method (1) regulation.

    (4)   When land is transferred to the County under this Section:

      (A)   the land must be used to produce or preserve MPDUs; or

      (B)   if sold, proceeds from the sale must be allocated to the Affordable Housing Acquisition and Preservation CIP portion of the Housing Initiative Fund; and

      (C)   the Director must notify the Council within 30 days of approving a land transfer under this subsection.

  (i)   The MPDU agreements must be signed by the applicant and all other parties whose signatures are required by law for the effective and binding execution of contracts conveying real property.  If the applicant is a business entity, the agreements must be signed by the authorized signatories of the business entity individually and on behalf of the business entity. Partnerships, associations or business entities must not evade this Chapter through voluntary dissolution. The agreements may be assigned if the County approves, and if the assignees agree to fulfill the requirements of this Chapter.

  (j)   The Department of Permitting Services must not issue a building permit in any subdivision or housing development in which MPDUs are required until the applicant submits a valid MPDU agreement which applies to the entire preliminary plan or site plan, unless the property within the preliminary plan or site plan has multiple owners, in which case the development may have more than one MPDU agreement. The applicant must also file with the first application for a building permit a statement of all land the applicant owns in the County that is available for building development. In later applications, the applicant need only show additions and deletions to the original landholdings available for building development.

  (k)   The MPDU agreement must include the number, type, location, and plan for staging construction of all dwelling units and such other information as the Department requires to determine the applicant’s compliance with this Chapter.  MPDUs must be reasonably dispersed throughout the development, and the MPDU staging plan must be consistent with any applicable land use plan, subdivision plan, or site plan.  The staging plan included in the MPDU agreement for all dwelling units must be sequenced so that:

    (1)   MPDUs are built along with or before other dwelling units;

    (2)   no or few market rate dwelling units are built before any MPDUs are built;

    (3)   the pace of MPDU production must reasonably coincide with the construction of market rate units; and

    (4)   the last building built must not contain only MPDUs.

    This subsection applies to all developments, including any development covered by multiple preliminary plans of subdivision.

  (l)   The MPDU agreement must provide for any requirement of age-restricted MPDUs to be offered for sale to be satisfied by a payment to the Housing Initiative Fund under Section 25A-5A(b).

  (m)   If an applicant does not build the MPDUs contained in the staging plan along with or before other dwelling units, the Director of Permitting Services must withhold any later building permit to that applicant until the MPDUs contained in the staging plan are built.

  (n)   The applicant must execute and provide to the Department in recordable form, covenants assuring that:

    (1)   The restrictions of this Chapter run with the land for the entire period of control;

    (2)   The County may create a lien to collect:

      (A)   that portion of the sale price of an MPDU which exceeds the approved resale price; and

      (B)   that portion of the foreclosure sale price of an MPDU which exceeds the approved resale price; and

    (3)   The covenants will bind the applicant, any assignee, mortgagee, or buyer, and all other parties that receive title to the property.  These covenants must be senior to all instruments securing permanent financing.

  (o)   An applicant must not establish a condominium or homeowners’ association consisting solely of MPDUs.

  (p)

    (1)   In any purchase and sale agreement and any deed or instrument conveying title to an MPDU, the grantor must clearly and conspicuously state, and the grantee must clearly and conspicuously acknowledge, that:

      (A)   the conveyed property is an MPDU and is subject to the restrictions contained in the covenants required under this Chapter during the control period until the restrictions are released; and

      (B)   any MPDU owner, other than an applicant, must not sell the MPDU until:

        (i)   the owner has notified the Department under Section 25A-8 or 25A-9, as applicable, that the MPDU is for sale;

        (ii)   the Department and, where applicable, the Commission, have notified the owner that they do not intend to buy the MPDU; and

        (iii)   The Department has notified the owner of the MPDU’s maximum resale price.

    (2)   Any deed or other instrument conveying title to an MPDU during the control period must be signed by both the grantor and grantee.

    (3)   When a deed or other instrument conveying title to an MPDU is recorded in the land records, the grantor must cause to be filed in the land records a notice of sale for the benefit of the County in the form provided by state law.

  (q)   Nothing in this Chapter prohibits an applicant from voluntarily building MPDUs, as calculated under subsection (f), in a development with fewer than 20 dwelling units at one location, and in so doing from qualifying for an optional method of development under Chapter 59.  A development with fewer than 20 dwelling units where an applicant voluntarily builds MPDUs must comply with any procedures and development standards that apply to a larger development under this Chapter and Chapter 59.  Sections 25A-5A and 25A-5B do not apply to an applicant who voluntarily builds MPDUs under this subsection and in so doing qualifies for an optional method of development.

  (r)   Upon request by the applicant, the Director may provide an applicant and the Planning Board with a letter indicating the Director’s preliminary agreement on how the applicant will meet its MPDU requirements, including:

    (1)   the conditions of the agreement; and

    (2)   the time period that the agreement is valid.

  (a)  This Act takes effect on October 31, 2018, and except for an applicant who has submitted a sketch plan that the Planning Board has accepted as complete before October 31, 2018, applies to any submission or application under Section 25A-5(a) accepted as complete on or after that date.

  (b)  Unless an applicant elects to be reviewed under the standards and procedures of Chapter 25A in effect on or after October 31, 2018, any such application accepted as complete or approved before October 31, 2018 and any sketch plan accepted as complete before October 31, 2018, must be approved or amended in a manner that satisfies Chapter 25A as it existed on October 30, 2018.  The approval of any of these applications, or amendments to these applications, will allow the applicant to proceed through any other required application or step in the process within the time allowed by law or plan approval, under the standards and procedures of Chapter 25A in effect on October 30, 2018.

  (a)  This Act takes effect on October 31, 2018, and except for an applicant who has submitted a sketch plan that the Planning Board has accepted as complete before October 31, 2018, applies to any submission or application under Section 25A-5(a) accepted as complete on or after that date.

  (b)  Unless an applicant elects to be reviewed under the standards and procedures of Chapter 25A in effect on or after October 31, 2018, any such application accepted as complete or approved before October 31, 2018, and any sketch plan accepted as complete before October 31, 2018, must be approved or amended in a manner that satisfies Chapter 25A as it existed on October 30, 2018.  The approval of any of these applications, or amendments to these applications, will allow the applicant to proceed through any other required application or step in the process within the time allowed by law or plan approval, under the standards and procedures of Chapter 25A in effect on October 30, 2018.

  (a) This Act takes effect on December 1, 2006.  The County Executive must submit all regulations necessary to implement Article V of Chapter 25B, inserted by Section 1 of this Act, to the Council by October 11, 2006.

  (b) Article V of Chapter 25B, as inserted by Section 1 of this Act, does not apply to any development for which an application for a local map amendment, development plan, project plan, site plan, or preliminary plan of subdivision was filed before December 1, 2006, unless the applicant voluntarily includes workforce housing units in that development.

  The requirement of providing for moderately priced dwelling units contained in § 25A-5 is mentioned in connection with Montgomery County's growth policy in P. J. Tierney, Maryland's Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987) at pp. 236, 237.

**Sec. 25A-5A. Alternative payment agreement.**

  (a)   The Director may approve an MPDU agreement that allows an applicant, instead of building some or all of the required for-sale MPDUs in a proposed subdivision or conversion of existing property from non-residential use to residential use, to pay to the Housing Initiative Fund an amount computed under subsection (b) upon a finding that:

    (1)   either:

      (A)   an indivisible package of services and facilities available to all residents of the proposed subdivision would cost MPDU buyers so much that it is likely to make the MPDUs effectively unaffordable by eligible buyers;

      (B)   regulatory development constraints at a particular site would render the building of approved density and all required MPDUs at that site infeasible; or

      (C)   the public benefit of providing affordable housing throughout the County outweighs the value of locating MPDUs in each subdivision throughout the County; and

    (2)   accepting the payment will further the objective of providing a broad range of housing opportunities throughout the County.

  (b)   A payment under this section in full satisfaction of MPDU requirements must be three percent of the sale price of each market rate unit in the development.  A payment made in partial satisfaction of MPDU requirements must be adjusted based on the percentage of required MPDUs provided.

  (c)   A payment to the Housing Initiative Fund under this Section:

    (1)   must not be used to reduce the annual County payment to the Fund;

    (2)   must be deposited in to the Affordable Housing Acquisition and Preservation CIP project; and

    (3)   must be used only to buy, build, or preserve more MPDUs, or more bedrooms in the same number or fewer MPDUs, in the same Planning Area as the development for which the payment was made unless:

      (A)   the payment is used in a Planning Area designated by the Planning Board in which at least 45% of the United States Census Tracts have a median household income of at least 150% of the County-wide median household income; or

      (B)   the Director first provides the Council with:

        (i)   notice of the intent to use the payment in a different Planning Area that does not meet the requirement in subparagraph (A);

        (ii)   good cause for the use of the payment in the different Planning Area; and

        (iii)   at least 30 days to comment.

  (d)   The Director must notify the Council in writing within ten days of approving an alternative payment agreement under this Section.

**Sec. 25A-5B. Alternative location agreement.**

  (a)   The Director may approve an MPDU agreement that allows an applicant for development of a high-rise residential building, instead of building some or all of the required number of MPDUs on-site, to provide MPDUs at another location, only if the Director finds that:

    (1)   the public benefit of locating MPDUs at the proposed alternative location outweighs the value of locating MPDUs in each subdivision throughout the County;

    (2)   building the MPDUs at the proposed alternative location will further the objective of providing a broad range of housing opportunities throughout the County; and

    (3)   the alternative location agreement will increase:

      (A)   the number of MPDUs; or

      (B)   the number of bedrooms in the same number or fewer MPDUs, provided as a result of the development.

  (b)   The alternative location must be in the same Planning Area unless:

    (1)   the alternative location is in a Planning Area designated by the Planning Board in which at least 45% of the United States Census Tracts have a median household income of at least 150% of the County-wide median household income; or

    (2)   the Director first provides the Council with:

      (A)   notice of the intended alternative location in a different Planning Area that does not meet the requirement in paragraph (b);

      (B)   good cause for the alternative location in the different Planning Area; and

      (C)   at least 30 days to comment.

  (c)   To satisfy the requirements of this Section, an applicant may:

    (1)   build, or convert from non-residential use, the required number or percentage of residential floor area of new MPDUs at a site approved by the Director;

    (2)   buy, encumber, or transfer, and rehabilitate as necessary, existing market rate housing units that meet all standards for use as MPDUs; or

    (3)   return to MPDU use, and rehabilitate as necessary, existing MPDUs for which price or rent controls have expired.

  (d)   Each agreement under this Section must include a schedule, binding on the applicant, for timely completion or acquisition of the required number of MPDUs.

  (e)   The Director must notify the Council in writing within ten days of approving an alternative location agreement under this Section.

**Sec. 25A-6. Optional zoning provisions.**

  The County Council, sitting as a District Council for the Maryland-Washington Regional District within the County, to assist in providing moderately priced housing has enacted zoning standards in Chapter 59, establishing in certain zones optional density bonus provisions which increase the allowable residential density above the maximum base density of the zoning classification and permit alternative dwelling unit types other than those allowed under the standard method of development.  Land upon which the applicant must build MPDUs may, at the applicant’s election, be subject to optional zoning provisions.  If the applicant elects the optional density provisions, permitting the construction of an increased number of dwelling units or increased percentage of residential floor area, the MPDU requirement must apply to the total number of dwelling units or percentage of residential floor area as increased by application of the optional density provisions or by the approval of a special exception that increases the density above the otherwise permitted density of the zoning classification in which the property is situated.

**Sec. 25A-7. Maximum prices and rents.**

  MPDUs must not be sold or rented at prices or rents that exceed the maximum prices or rents established under this Section.

  (a)   Sales.

    (1)   The sale price of any MPDU, including closing costs and brokerage fees, must not exceed an applicable maximum sale price established from time to time by the County Executive in regulations adopted under method (1).

    (2)   The regulations adopted to implement this Section must allow the Director to:

      (A)   restrict those conditions of the design, construction, pricing, or amenity package of an MPDU project that will impose excessive mandatory homeowner or condominium fees or other costs that reduce the affordability of the MPDUs; and

      (B)   approve an increase of up to 10 percent over the base sale price of an MPDU upon a finding that the increase is justified to cover the cost of a modification of the external design of the MPDU necessary to reduce excessive marketing impact of the MPDU on the market rate units in the subdivision.

  (b)   Rents.  The rent, including surface parking but excluding utilities when they are paid by the tenant, for any MPDU must not exceed a maximum rent for the MPDU set by Executive regulations.  Different rents must be set for MPDUs when utility costs are paid by the owner and included in the rent.  Different rents may be set for age-restricted MPDUs.  Different rents also may be set for high-rise rental MPDUs.

**Sec. 25A-8. Sale or rental of MPDUs.**

  (a)   Sale or rental to government agencies or designated agencies.

    (1)   The Department, the Commission, or any other government agency or designated agency may buy or lease, for its own programs or programs administered by it, up to 40 percent of all MPDUs which are not sold or rented under any other federal, state, or local program.

    (2)   The Department or Commission may buy or lease up to 33.3 percent of the MPDUs not sold or rented under any other federal, state, or local program.

    (3)   Any other government agency or designated agency may buy or lease:

      (A)   any MPDU in the first 33.3 percent that the Department or Commission has not bought or leased; and

      (B)   the remainder of the 40 percent specified in subsection (a)(1).

      This option may be assigned to households that are clients of the Department of Health and Human Services or to low or moderate-income households who are eligible for assistance under any federal, state, or local program identified in Executive regulation.

    (4)   The Executive must, by regulation, adopt standards and priorities to approve designated agencies under this subsection.  These standards must require the agency to demonstrate its ability to operate and maintain MPDUs satisfactorily on a long-term basis.

    (5)   The Department must notify the Commission, other government agency, or designated agency promptly after receiving notice from the applicant under subsection (b) of the availability of MPDUs.  If the Department, the Commission, or any other designated agency exercises its option, it must submit to the applicant, within 21 calendar days after the Department notifies the Commission under this subsection, a notice of intent to exercise its option for specific MPDUs covered by this option.  Any MPDUs not bought or leased under this subsection must be sold or rented only to eligible households under subsection (b) during the priority marketing period for eligible households to buy or lease.

    (6)   In exercising this option, the Department, the Commission, and any government agency or designated agency must reserve the MPDU by reference to number, type, size and amenities of the units selected if the designation does not result in any type of unit exceeding by more than 40 percent the total units of that type which are sold or rented under this Section, unless the Department and the applicant agree to a different selection.  The notice required under subsection (a)(5) must state which MPDUs are to be offered for sale and which are to be offered for rent, and the Department, the Commission, and any government agency or designated agency may buy only units which are offered for sale and may lease only units which are offered for rent.  The Department, the Commission, and any government agency or designated agency must decide whether it will exercise its option within 45 days of the date of the notice provided under subsection (a)(5).

    (7)   If more than one government agency or designated agency files a notice of intent under subsection (a)(5) with respect to a particular MPDU:

      (A)   the Department prevails over any other buyer or renter;

      (B)   The Commission prevails over any buyer or renter other than the Department;

      (C)   any other government agency prevails over any designated agency;

      (D)   the first government agency to file a notice prevails over any later agency; and

      (E)   the first designated agency to file a notice prevails over any later designated agency.

    (8)   Any MPDU purchased by the Commission, a government agency, or a designated agency under this subsection that is offered for resale within five years after original purchase must first be offered for sale to the Department at the purchase price paid by the Commission, government agency, or designated agency in accordance with Executive regulation.  The Department may assign its right to purchase the MPDU to an eligible household or to a designated agency.

  (b)   Sale or rental to eligible households.

    (1)   Every MPDU unit required under this Chapter must be offered to eligible households for sale or rental to a good-faith purchaser or renter to be used for his or her own residence, except MPDUs sold or rented under subsection (a) or offered for sale or rent with the assistance of, and subject to the conditions of, a subsidy under a federal, state or local government program, identified in Executive regulation, whose purpose is to provide housing for low or moderate income households.

    (2)   Before offering any MPDUs for sale or rent, the applicant must submit and receive approval of an agreement notifying the Department of the proposed offering and the date on which the applicant will be ready to begin the marketing to eligible households.  The agreement must set forth the number of MPDUs offered, the bedroom mix, the floor area for each MPDU type, a description of the amenities offered in each MPDU and a statement of the availability of each MPDU for sale or rent, including information regarding any mortgage financing available to buyers of the designated MPDU.  The applicant must also give the Department a vicinity map of the offering, a copy of the approved development, subdivision or site plan, as appropriate, and such other information or documents as the Director finds necessary.  The Department must maintain a list of eligible households for sale MPDUs and, in accordance with procedures established by the County Executive, must notify eligible households of sale or rental offerings.

    (3)   After approving the offering agreement, the Department must notify the Commission of the offering.  The Department must notify the applicant of the method by which the MPDUs will be offered and when the 90-day priority marketing period for the MPDUs may begin.

    (4)   The Executive may by regulation establish a buyer and renter selection system which considers household size, County residency, employment in the County, and length of time since the household was certified for the MPDU program.  Eligible households will be notified when MPDUs are available for sale or rent and will be given an opportunity to buy or rent an MPDU during the priority marketing period in the order of their selection priority ranking.

    (5)   The priority marketing period for new MPDUs ends not less than 90 days after the initial offering date approved by the Department.  The priority marketing period for resold or rerented MPDUs ends not less than 60 days after the Department notifies the seller of the approved resale price or vacancy of the rental unit.  The Department may extend a priority marketing period when eligible households are interested in buying or renting a unit, or may reduce the priority marketing period for resold MPDUs for good cause.

    (6)   Applicants must make a good-faith effort to enter into contracts with eligible households during the priority marketing period and for an additional period necessary to negotiate with eligible households who indicate a desire to buy or rent an MPDU during that period.

    (7)   Every buyer or renter of an MPDU must occupy the MPDU as his or her primary residence during the control period.  Each buyer and renter must certify before taking occupancy that he or she will occupy the MPDU as his or her primary residence during the control period.  The Director may require an owner who does not occupy the MPDU as his or her primary residence to offer the MPDU for resale to an eligible household under the resale provisions of Section 25A-9.

    (8)   An owner of an MPDU, except the Commission or a government agency or designated agency, must not rent the MPDU to another party unless the Director finds sufficient cause to allow temporary rental of the MPDU under applicable regulations, which may include maximum rental levels.

    (9)   Any rent obtained for an MPDU that is rented without the Director’s authorization must be paid into the Housing Initiative Fund by the owner within 90 days after the Director notifies the owner of the rental violation.  Any amount unpaid after 90 days is grounds for a lien against the MPDU.  The Director may obtain a judgment and record the lien or may reduce the resale price of the MPDU by the amount owed to the Housing Initiative Fund, or pursue other remedies provided by law.

    (10)   An applicant must not sell or lease any MPDU without first obtaining a certificate of eligibility from the prospective buyer or verifying the eligibility of the prospective lessee.  For sale MPDUs, a copy of each certificate must be furnished to the Department and maintained on file by the Department.  Before the sale by an applicant or by the Commission, a government agency, or a designated agency to any buyer of any MPDU who does not possess a certificate of eligibility, the applicant, the Commission, or the agency, must determine whether the proposed buyer had previously owned another MPDU.  The proposed buyer must not participate in the MPDU program a second time unless the proposed buyer meets the household income criteria and no longer owns an MPDU, and there is no first-time buyer qualified to buy that MPDU.  The Director may waive this restriction for good cause.

    (11)   If an MPDU owner dies, at least one heir, legatee, or other person taking title by will or by operation of law must occupy the MPDU during the control period under this Section, or the owner of record must sell the MPDU as provided in Section 25A-9.

**Sec. 25A-9. Control of rents and resale prices; foreclosures.**

  (a)   Resale price and terms. Except for foreclosure proceedings, any MPDU constructed or offered for sale or rent under this Chapter must not be resold or refinanced during the control period for a price greater than the original selling price plus:

    (1)   a percentage of the MPDU’s original selling price equal to the increase in the cost of living since the MPDU was first sold, as determined by the Consumer Price Index or other index as identified in Executive regulation;

    (2)   an allowance for capital improvements made to the MPDU between the date of original sale and the date of resale;

    (3)   if approved by the Director, an allowance for closing costs which were not paid by the original seller, but which will be paid by the original buyer for the benefit of the later buyer; and

    (4)   a reasonable sales commission.

    In determining the amount of the allowance for improvements under paragraph (2), the Director may disallow the value of costs attributable solely to the maintenance and upkeep of the MPDU, or for luxury items.  The resale price of an MPDU may be reduced if the physical condition of the unit reflects abnormal wear and tear because of neglect, abuse, or insufficient maintenance.  Any personal property transferred in connection with the resale of an MPDU must not be included in the resale price of the MPDU.  The Executive must establish procedures for calculating the allowable resale price of an MPDU under this subsection by method (1) regulation.

  (b)   Resale requirements during the control period.

    (1)   Any MPDU offered for resale during the control period must first be offered exclusively for up to 60 days to the Department and the Commission, in that order.  The Department or the Commission may buy an MPDU when funds are available.  The Department may buy an MPDU, or may assign its right to buy an MPDU to a designated agency, when the Director finds that the Department’s or a designated agency’s buying and reselling the MPDU will increase opportunities for eligible households to buy the MPDU.  If the Department or the Commission does not buy the MPDU, the Department must notify eligible households of the availability of a resale MPDU.  The MPDU may be sold through either of the following methods:

      (A)   The Department may establish a priority order under which eligible households who express interest in buying the MPDU may buy it at the approved resale price.

      (B)   The Department may notify the MPDU owner that the owner may sell the MPDU directly to any eligible household under the resale provisions of this Chapter.

    (2)   The Commission may purchase resale MPDUs in a particular development only if it did not previously purchase its full allotment of units at the initial offering.  In no case may the Commission own more than 33.3 percent of the MPDUs in a particular development.

    (3)   A resale MPDU may be offered for sale to non-eligible households only after:

      (A)   the priority marketing period expires; and

      (B)   all eligible households who express an interest in buying it have been given an opportunity to do so.

    (4)   The Executive by regulation may adopt requirements for reselling MPDUs.  The regulations may require a seller to submit to the Department for approval:

      (A)   a copy of the proposed sales contract;

      (B)   a signed copy of the settlement sheet; and

      (C)   an affidavit signed by the seller and buyer attesting to the accuracy of all documents and conditions of the sale.

    (5)   A transfer of an MPDU does not comply with this Chapter until all required documents and affidavits have been submitted to and approved by the Department.

  (c)   Payments to HIF during the control period.  During the control period, if the Department determines that the design of the MPDU offered for resale would no longer comply with requirements for construction of a new MPDU or that the allowable resale price and fees associated with a multi-family condominium offered for resale would result in a monthly payment that is estimated to be at least 20% more than would be affordable to the maximum size MPDU household, the Director may permit the owner of the MPDU to sell the MPDU at market price, and the procedures for resale, including termination of the MPDU controls and release of restrictive covenants will be the same as for resale of an MPDU after the control period, as described in subsection (d).

  (d)   First sale after control period ends.

    (1)   If an MPDU originally offered for sale or rent after March 21, 1989, is sold or resold after its control period ends, upon the first sale of the MPDU the seller must pay to the Housing Initiative Fund one-half of the excess of the total resale price over the sum of the following:

      (A)   the original selling price;

      (B)   a percentage of the MPDU’s original selling price equal to the increase in the cost of living since the MPDU was first sold, as determined by the Consumer Price Index or other index as identified in Executive Regulation;

      (C)   an allowance for capital improvements made to the MPDU between the date of original sale and the date of resale; and

      (D)   a reasonable sales commission.

      The Director must adjust the amount paid into the fund in each case so that the seller retains at least $10,000 of the excess of the resale price over the sum of the items in (A)--(D).

    (2)   The Director must find that the price and terms of a sale covered by subsection (d)(1) are bona fide and accurately reflect the entire transaction between the parties so that the full amount required under subsection (d)(1) is paid to the fund.  When the Director finds that the amount due the fund is accurate and the Department of Finance receives the amount due, the Department must terminate the MPDU controls and execute a release of the restrictive covenants.

    (3)   The Department and the Commission, in that order, may buy an MPDU at any time during the control period, and may resell the MPDU to an eligible household.  A resale by the Department or Commission starts a new control period.

  (e)   Original and later rent controls.  Unless previously sold under subsection (d)(1), MPDUs built or offered for rent under this Chapter must not be rented for 99 years after the original rental at a rent greater than that established by Executive regulations.  Procedures for original rentals of MPDUs are described in Section 25A-8.  After the original rental, any MPDU (other than those built, sold, or rented under any federal, state, or local program offered by the Commission) offered for rent during the control period must be offered exclusively for 60 days to one or more eligible households, as determined by the Department, for use as that household’s residence.  After the original rental, the Commission may lease MPDUs in a particular development only if it did not previously lease its full allotment of MPDUs at the initial offering.  In no case may the Commission lease more than 33.3 percent of the MPDUs in a particular development.  The Commission may assign its right to rent such MPDUs to low or moderate income households who are eligible for assistance under any federal, state, or local program identified in Executive regulations.

  (f)   Foreclosure or other court-ordered sales.  If an MPDU is sold through a foreclosure or other court-ordered sale, all MPDU covenants must be released, and a payment must be made to the Housing Initiative Fund as follows:

    (1)   If the sale occurs during the control period, any amount of the foreclosure sale price which exceeds the total of the approved resale price under subsection (a), reasonable foreclosure costs, and liens recorded against the MPDU among the land records, must be paid to the Housing Initiative Fund.

    (2)   If the sale occurs after the control period, and the MPDU was originally offered for sale or rent after March 20, 1989, the payment to the Fund must be calculated under subsection (d), less reasonable foreclosure costs and liens recorded against the MPDU among the land records.

    (3)   If the MPDU is a rental unit, the resale price under subsections (a) and (d) must be calculated as provided in regulation.

  (g)   Waivers.  The Director may waive the restrictions on the resale and re-rental prices for MPDUs if the Director finds that the restrictions conflict with regulations of federal or state housing programs and thus prevent eligible households from buying or renting MPDUs.

  (h)   Bulk transfers.  This section does not prohibit the bulk transfer or sale of all or some of the sale or rental MPDUs in a subdivision within 30 years after the original rental or offering for sale if the buyer is bound by all covenants and controls on the MPDUs.

  (i)   Compliance.  The County Executive must adopt regulations to promote compliance with this section and prevent practices that evade controls on rents and sales of MPDUs.

**Sec. 25A-10. Executive regulations; enforcement.**

  (a)   The Department must maintain a list of all moderately priced dwelling units constructed, sold or rented under this Chapter; and the County Executive may, from time to time, adopt regulations under method (1) necessary to administer this Chapter.

  (b)    This Chapter applies to all agents, successors and assigns of an applicant. A building permit must not be issued, and a preliminary plan of subdivision, development plan, floating zone plan, or site plan must not be approved unless it meets the requirements of this Chapter. The Director of Permitting Services may deny, suspend or revoke any building or occupancy permit upon finding a violation of this Chapter. Any prior approval of a preliminary plan of subdivision, development plan, floating zone plan, or site plan may be suspended or revoked upon the failure to meet any requirement of this Chapter. An occupancy permit must not be issued for any building to any applicant, or a successor or assign of any applicant, for any construction which does not comply with this Chapter.

  (c)   Any violation of this Chapter or regulations adopted under it is a class A violation.

  (d)   The Director may take legal action to stop or cancel any transfer of an MPDU if any party to the transfer does not comply with all requirements of this Chapter.  The Director may recover any funds improperly obtained from any sale or rental of an MPDU in violation of this Chapter, plus costs and interest at the rate prescribed by law from the date a violation occurred.

  (e)   In addition to or instead of any other available remedy, the Director may take legal action to:

    (1)   enjoin an MPDU owner who violates this Chapter, or any covenant signed or order issued under this Chapter, from continuing the violation; or

    (2)   require an owner to sell an MPDU owned or occupied in violation of this Chapter to the County, the Commission, or an eligible person.

**Sec. 25A-11. Appeals.**

  (a)    Any person aggrieved by any denial, suspension, or revocation of a building or occupancy permit or denial, suspension, or revocation of approval of a preliminary plan of subdivision, development plan, floating zone plan, or site plan may appeal to the official, agency, board, Commission, or other entity designated by law to hear such appeal.

  (b)    Any person aggrieved by a final administrative action or decision under this Chapter may appeal to the Circuit Court for the County in accordance with the Maryland Rules of Procedure for a review of such action or decision.

**Sec. 25A-12. Annual report.**

  Each year by March 15 the Director must report to the Executive and Council, for the previous calendar year:

  (a)   the number of MPDUs approved and built;

  (b)   each alternative payment agreement approved under Section 25A-5A or alternative location agreement approved under Section 25A-5B, and the location and number of MPDUs that were involved in each agreement;

  (c)   each land transfer completed under Section 25A-5(h); and

  (d)   the use of all funds in the Housing Initiative Fund that were received as a payment under Section 25A-5A.

**Sec. 25A-13. Applicability.**

  (a)    This Chapter applies to all applicants and housing units developed by applicants, regardless of when an MPDU was originally offered for sale or rent, except as provided in subsections (b) and (c).

  (b)    Section 25A-9(c) does not apply to any MPDU originally offered for sale or rent on or before March 21, 1989.

  (c)    Section 25A-9(e) does not apply to any MPDU owned or transferred by the Commission directly or through a partnership and originally offered for sale or rent on or before March 21, 1989.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 25B. Housing Policy.

### Article I. Policy Implementation.

**Sec. 25B-1. Legislative findings.**

  (a)   The County Executive and County Council adopted on October 20, 1981, Joint Resolution No. 9-1503, "A Housing Policy for Montgomery County, Maryland in the 1980's."  That policy made certain findings which are incorporated by reference herein.

  (b)   The need for housing in the County for moderate- and low-income households has become more severe since 1973, when Chapter 25A, "Housing, Moderately Priced," was adopted.  Even though the private sector, the County government, the Housing Opportunities Commission, and nonprofit sponsors of housing projects have made substantial progress in financing and constructing affordable homes, and in the full use of federal and state programs, there remains a severe shortage of homes that are within the means of families of low and moderate incomes. Given economic trends and conditions projected through the year 2000, land and construction costs, inflation, diminished federal tax incentives, and high interest rates will increase rents to a level that will cause the problem to intensify, particularly for newly formed households, older people, handicapped individuals, those living in substandard housing, those subject to discrimination, and those with low or moderate incomes.  These trends and conditions, if unabated, will frustrate the County's goal of a full range of housing choices, conveniently located throughout the County.  The County should devote special attention to the provision of assisted-family housing and identify actions that the County may take to provide or stimulate production of additional units of assisted-family housing.

  (c)   Rising costs, when combined with the changes in the size and age of households in the County, compel a higher priority than has heretofore been given on planning for, zoning for, and constructing a larger proportion of smaller, less costly and more energy efficient homes located in more compactly formed communities and, where possible, capable of being served by public or shared transportation.  Where feasible, energy and transportation conservation can be better advanced by mixed use development which closely relates housing, employment and other activities in well-planned communities.

  (d)   Notwithstanding the clear evidence of this present and future need, there is concern among the public over the effect on established neighborhoods, communities and services of any increase in the densities and supply of housing. However, these community concerns can be addressed in a variety of ways. Smaller, energy-efficient homes can be attractively designed and developed to be compatible with their environment from the perspectives of density, appearance and use of services and facilities, so long as reasonable standards are followed.  Well-designed elderly housing, low- and moderate-income housing and group homes can enrich the overall quality of community life, making it possible for people to remain in their home community throughout the entire cycle of life.  Similarly, the elimination of unlawful discrimination in housing has the effect of enriching community life while promoting broader opportunities and better personal relations.

  (e)   Wide distribution of affordable, including assisted-family, housing throughout the County is a desirable objective of public policy in order to provide for a balance of housing choices in any one community to avoid over concentration of assisted-family housing in any community, and because communities that are racially, ethnically, chronologically, and economically heterogeneous are preferable to those which do not reflect the broad diversity of people who live in the County.

  (f)   The County has well-developed processes for determining the need for facilities and amenities.  These processes, which provide for extensive public participation, include the capital improvements program process, the master plan and sector plan processes, zoning, the development approval process, including subdivision regulation, adequate public facilities ordinance, growth policy, site plan review, and special exception and variance procedures.  Nevertheless, stimulating public advocacy and participation in the development of affordable and assisted-family housing can have a beneficial effect on public understanding and support for such housing.

**Sec. 25B-2. Definitions.**

  (a)   Affordable housing:  Any dwelling unit or other form of housing constructed for sale or rent at a price equal to or less than that provided in Chapter 25A, and any assisted elderly housing.

  (b)   Agency: The Department of Housing and Community Affairs or any other governmental entity which receives any part of its funding or other resources from or through the County government.

  (c)   Assisted-family housing: Those units of affordable housing which consist of privately or governmentally owned rental units for which the owners receive subsidies from the federal, state or local government in the form of rent supplements or mortgage interest subsidies, except

    (1)   units designated for occupancy by persons 62 years old or older; and

    (2)   units which benefit from tax-exempt financing but receive no other government subsidy.

  (d)   Person: Any individual, partnership, corporation, joint stock association, or any city or state or any subdivision thereof; and any trustee, receiver, assignee or personal representative thereof.

  (e)   Scattered site unit: A single-family detached or attached dwelling acquired by an agency for assisted-family rental housing, but which is not in a subdivision or development that is primarily assisted-family housing.

**Sec. 25B-3. Housing policy implementation.**

  The following measures are intended to implement, in part, the housing policy of Montgomery County as that policy is amended from time to time, and to increase the number and proportion of affordable, including assisted-family, housing in the total housing supply of the County in order to provide a full range of housing choices, conveniently located throughout the County.

  (a)   The County Executive must:

    (1)   Review public land declared surplus to determine its suitability for affordable, including assisted-family, housing;

    (2)   Review and implement opportunities for use of publicly owned land by the County, acting alone or jointly with others, in central business districts, transit station development areas, and other locations which meet the standards established under this Chapter for affordable, including assisted-family, housing; determine where joint development including such housing is feasible; and develop programs to produce such housing where feasible;

    (3)   Encourage and assist production of affordable rental and sales housing, including market rate rental developments with a small percentage of assisted-family housing units;

    (4)   Use state and County funding sources to provide short- and long-term financing for site acquisition or construction of additional affordable, including assisted-family, housing;

    (5)   Revise or recommend revisions, under method (2), to regulations which add unnecessarily to the cost or delay of housing construction;

    (6)   Use available County resources and programs to encourage the retention, including the rehabilitation, of the county's stock of moderately and lower priced rental and owner-occupied units;

    (7)   Encourage the establishment of tenant cooperatives or other forms of tenant ownership where such action is likely to maintain a supply of affordable, including assisted-family, housing that otherwise would be lost;

    (8)   Provide through County programs for the maintenance and extension of needed community facilities, including all elements of the neighborhood infrastructure required to sustain a desirable living environment in low- and moderate-income communities;

    (9)   Develop incentives to encourage the private sector to provide affordable ownership and rental housing for the citizens of Montgomery County;

    (10)   Give due consideration to the contribution that the provision of a public facility would make toward the provision of additional affordable housing;

    (11)   Plan for the provision of public facilities and amenities adequate to serve the needs of communities which receive affordable housing;

    (12)   Develop a coordinated program to implement the standards in the housing policy for the production, occupancy and maintenance of assisted housing;

    (13)   Investigate creative financing plans available in the private sector and provide official encouragement for the use of those plans deemed most suitable for making housing more affordable in Montgomery County;

    (14)   Report on the distribution of affordable housing units throughout the County and the programs and activities that the County has engaged in to enhance the stock of affordable housing; and

    (15)   Explore the potential for private developers of employment centers and employers to play a more active role in producing affordable housing.

  (b)   Local area master plans or amendments to them should:

    (1)   provide all reasonable opportunity for the use or reuse of land in ways that can facilitate the development of affordable, including assisted-family, housing by planning for suitable densities, mixed uses and public facilities, and

    (2)   plan for sufficient developable land to permit development of mid-rise or garden apartments, attached units and smaller detached units, while striving to maintain the character of existing neighborhoods.

  (c)   Montgomery County and each relevant agency should use available resources to ensure that the County receives and uses the maximum possible amount of housing assistance funding from federal and state sources consistent with good governmental practices and financial management.

  (d)   The County must take steps each year to increase the supply of affordable housing in those areas where the proportion of affordable housing in the entire housing stock is below the County-wide average proportion of affordable housing.  To help achieve that goal, the Council, the Executive, the Planning Board, and other appropriate agencies must give the policy of locating a fair share of affordable housing units in each area of the County high priority in all planning, zoning, and land use decisions.  As each of these bodies reviews changes in the County's general, master, and sector plans, it must attempt to increase the number of suitable locations for affordable housing.

**Sec. 25B-4. Executive's housing report.**

  (a)   The County Executive, after consulting with each relevant agency, must periodically submit a consolidated report to the County Council, describing the state of the County's demand for and supply of affordable, including assisted-family, housing.

  (b)   The report must include:

    (1)   the number of sales and rental units produced, and units converted to other patterns of ownership or lost by demolition, since the last report;

    (2)   activities undertaken since the last report to achieve the goals and purposes of this Chapter, and an evaluation of the extent to which goals have been achieved;

    (3)   recommendations for actions or programs to be pursued to enable the County government and other agencies to meet or exceed housing goals, including financial planning requirements;

    (4)   an evaluation of existing laws and public policies affecting the availability and price of housing and developable land; and

    (5)   amendments to the housing goals the Executive finds to be appropriate, and specific goals for the forthcoming ten-year period.

  (c)   The report must recommend a goal for the number of affordable, including assisted- family, housing units to be constructed in forthcoming years.

  (d)   Each relevant agency concerned with housing should cooperate with the County Executive in the development of information and studies relating to this report.

**Sec. 25B-5. Standards and procedures for approval of assisted-family housing; applicability of section.**

  (a)   Before approving a proposal to sponsor the development of a site for assisted-family housing or to acquire a developed assisted-family housing facility, except scattered site units and moderately priced dwelling units acquired for assisted-family housing, an agency must hold a legislative, not an adjudicatory, hearing.  Notice of the public hearing must be given by at least one publication in one newspaper of general circulation in Montgomery County not less than 15 days before the public hearing.  The notice must contain the date, time and location of the hearing, and the location and description of the proposed site and facility.  In addition, the approving body must make reasonable efforts to give similar notice by mail to civic bodies or associations within the area in which the facility is to be located.  The approving body may use the list of civic associations maintained by the Planning Board as a basis for providing this notice.

  (b)   After considering the hearing record and all other information before it, the agency must approve the proposal, as submitted or with modifications, if it finds that the nature and location of the housing are consistent with the policy adopted under this Chapter and not inconsistent with other applicable laws and regulations, and must disapprove the proposal if it finds that the nature and location of the housing are inconsistent with the policy adopted under this Chapter or with other applicable laws and regulations.  However, the lack of sufficient affordable housing at another location is not a reason to disapprove a proposal.

  (c)   Nothing in this Chapter prohibits an agency from taking title or control of the site before the public hearing.

  (d)   Applicability. The requirements of this Section do not apply to the Housing Opportunities Commission.

**Sec. 25B-6. Administrative rules; regulations.**

  The County Executive and each relevant agency may adopt regulations under method (2) necessary to administer this Chapter and to implement the County's adopted housing policy.

**Sec. 25B-7. Affordable housing feasibility study and assessment.**

  (a)   Definitions.  As used in this Section:

Affordable housing feasibility study means an analysis of applicable capital projects that includes an evaluation of affordable housing at a library, recreation center, police station, fire station, or any other general services building.

Applicable capital project means any proposed building project administered by the Department of General Services or the Parking Management Division of the Department of Transportation.

Department means the Department of General Services.

  (b)   Affordable housing feasibility study.  For an applicable capital project, prior to the completion of facility planning, the program of requirements, site selection, or land acquisition, the Department must prepare and submit an affordable housing feasibility study to the Council.

  (c)   Contents of the feasibility study.  The study must include the following:

    (1)   a description of the proposed capital project;

    (2)   outreach efforts and stakeholder input;

    (3)   proposed program of requirements, if available;

    (4)   site and environmental constraints;

    (5)   programmatic elements or efficiencies associated with colocation;

    (6)   the projected total cost for construction, including, if available, costs of colocation of affordable housing;

    (7)   a statement of whether colocation is feasible and potential impacts to the proposed capital project; and

    (8)   any other related components used for consideration to determine project feasibility.

  (d)   County Council review.

    (1)   Within 30 days after the Council receives the affordable housing feasibility study under subsection (b), the Council must:

      (A)   review the feasibility study; and

      (B)   determine by a vote whether to approve or disapprove the analysis provided in the feasibility study.

    (2)   An analysis approved by the Council under subparagraph (1)(B) permits the project to proceed in its normal course of planning, design, and construction.

    (3)   Capital project plan.  If the Council disapproves of the analysis under subparagraph (1)(B) and determines that colocation of affordable housing is feasible, the Department must, within a reasonable timeframe, develop and transmit to the Council a plan where the capital project identified in the study includes colocation of affordable housing.

  (e)   Review of the capital project plan.  Before appropriation in the Capital Improvements Program, the Council must review and approve the capital project plan submitted by the Department under subsection (d)(3). A plan that does not include colocation must contain a written explanation describing the circumstances as to why the requirements for colocation could not be fulfilled and the reasons for a waiver.

  (f)   Waiver.  The Council may waive any requirement under this Section if the Council determines the project would:

    (1)   result in a loss of a site;

    (2)   require emergency appropriation; or

    (3)   may experience further delay not in the best interest of the public.

  (g)   Affordable housing assessment.  For each applicable capital project in the Capital Improvements Program during facility planning, the Office of Management and Budget must include in or transmit with the CIP an evaluation of:

    (1)   the feasibility of including a significant amount of affordable housing in the project;

    (2)   the effect of the project on the supply of affordable housing in the immediate area;

    (3)   what capital or operating modifications, if any, would promote and maximize affordable housing in the project and the immediate area; and

    (4)   what operating budget modifications, if any, would be needed to build and maintain affordable housing in the project.

  (h)   The affordable housing evaluation submitted by OMB should discuss at least the following issues related to the capital project:

    (1)   compatibility of affordable housing with the underlying project;

    (2)   conformity of affordable housing to applicable zoning and land use plans;

    (3)   proximity to public transit, and availability of other transportation options; and

    (4)   proximity to other community services.

  (i)   In performing its analysis, OMB should consult the Department of Housing and Community Affairs, the Planning Board, the Housing Opportunities Commission, and any other County department or agency with expertise in affordable housing.

  (j)   The Council may in the capital budget resolution, and the County Executive may by Method 1 regulation, exempt from this Section a category of capital projects which by their nature do not require an affordable housing analysis.

**Sec. 25B-8. Reserved.**

### Article II. Montgomery Housing Initiative.

**Sec. 25B-9. Montgomery Housing Initiative.**

  (a)   The county executive must establish the Montgomery Housing Initiative to promote a broad range of housing opportunities in the county.

  (b)   This initiative must be included in the county capital improvements program and may use appropriated funds and receipts from any source, including any balances transferred from the condominium transfer tax fund under Section 52-21(f).

  (c)   Funds allocated to this initiative may be spent to:

    (1)   Construct or acquire affordable housing units;

    (2)   Buy and rehabilitate existing rental units that would otherwise be removed from the supply of affordable housing; and

    (3)   Participate in housing or mixed-use developments that will include affordable housing.

  (d)   The Director of Housing and Community Affairs administers the initiative under regulations adopted by the County Executive under method (2).

### Article III. Closing Cost Assistance Program.

**Sec. 25B-10. Establishment and purpose.**

  (a)   There is a County Closing Cost Assistance Program.

  (b)   The purpose of the program is to provide financing for closing costs to eligible homebuyers who otherwise might lack the resources to purchase homes and help reverse physical decline in neighborhoods with low rates of home ownership by encouraging home ownership.

**Sec. 25B-11. Definitions.**

  In this Article the following words have the meanings indicated:

  (a)   Administering agency means an agency as defined in Section 25B-2(b) that is designated by executive regulation to implement the closing cost assistance program.

  (b)   Closing cost means money that an eligible homebuyer pays in connection with the acquisition of real estate, including:

    (1)   fees or premiums for title examination, title insurance, or similar expenses;

    (2)   fees for preparing or filing a deed, settlement statement, or other documents;

    (3)   payments owed at settlement for property taxes or hazard insurance coverage;

    (4)   escrows for future payments of taxes, hazard insurance, and other expenses;

    (5)   fees for notarizing deeds and other documents;

    (6)   appraisal fees;

    (7)   fees for credit reports;

    (8)   transfer and recordation taxes and fees;

    (9)   fees or premiums for mortgage insurance;

    (10)   loan application fees, discount points and origination fees, prepaid interest;

    (11)   down payments; or

    (12)   any other reasonable and customary fee associated with the acquisition of real property.

  (c)   Eligible homebuyer means a person:

    (1)   who is buying and will hold title to a single family residence in the County;

    (2)   whose income from all adult household members does not exceed the greater of:

      (A)   maximum income limits established by the County Executive for the County Opportunity Housing Program; or

      (B)   an amount adopted by executive regulation under this Article;

    (3)

      (A)   who has not owned an interest in a personal residence or other residential real property within the preceding 3 years; or

      (B)   who may have owned property jointly with a spouse during the preceding 3 years, but whose personal circumstances have resulted in a need to buy a personal residence without the former spouse because of a legal separation, divorce, or death; and

    (4)   who resides or works in the County.

  (d)   Fund means the Closing Cost Assistance Fund.

  (e)   Loan means a loan of money made by the County under this Article.

  (f)   Program means the Closing Cost Assistance Program.

  (g)   Single family residence means a residential dwelling unit located in the County, including a townhouse, condominium or cooperative apartment unit, that has a sales price that does not exceed the maximum sale price set by executive regulation under this Article, and will be used as the primary residence of the eligible homebuyer.

**Sec. 25B-12. Loans.**

  (a)   A loan made under the program must be used to finance closing costs for the purchase of a single family residence by an eligible homebuyer.

  (b)   The maximum loan amount must not exceed the lesser of:

    (1)   5 percent of the sale price of the single family residence; or

    (2)   $7,500.

  (c)   An eligible homebuyer must sign a promissory note for a loan. The Executive may require other security for a loan.

  (d)   A loan should include terms that the Executive considers necessary to make housing purchases affordable to eligible homebuyers. The Executive must establish by regulation an interest rate for loans based on a benchmark representing the County's cost of borrowing, such as the rate the County pays on a recent issue of County general obligation bonds.

  (e)   In approving a loan, the Executive must:

    (1)   consider the eligible homebuyer's financial resources, including savings available to pay the closing costs, in relation to the purchase price of the home and the down payment requirements of any other lender; and

    (2)   give a high priority to homebuyers of low income or who buy single family residences in areas with a low rate of homeownership, determined according to criteria in Executive regulations.

  (f)   The Executive must require that a loan becomes due and payable when the single family residence is sold or transferred or no longer serves as the eligible homebuyer's primary residence. The Executive may waive a requirement of this subsection if the requirement would impose financial hardship on an eligible homebuyer.

  (g)   If a borrower defaults on a loan, the Executive may modify the rate of interest, the time or amount of payment, or any other term of a loan to assure repayment of the loan and achieve the purpose of the program.

  (h)   A loan should comply with all applicable federal and State guidelines to enable sale of the underlying mortgage in the secondary market when the lender expects to sell the mortgage.

**Sec. 25B-13. Program administration.**

  (a)   The County Executive may:

    (1)   delegate any power or duty under this Article to any agency, as defined in Section 25B-2(b); and

    (2)   enter into an agreement with an agency to administer this program.

  (b)   The Executive may:

    (1)   charge application fees or other fees to loan applicants or lenders;

    (2)   adopt regulations to administer the program;

    (3)   attach specific terms to any loan as necessary to carry out the purpose of the program;

    (4)   establish additional eligibility standards for a loan, taking into account the applicant's ability to pay, the cost of the single family residence, and other relevant factors;

    (5)   establish regulations to determine which items or portion of the closing costs can be included in the loan;

    (6)   enter into contracts with third parties who would make or service a loan made under this Article;

    (7)   enter into any necessary agreement with the State Department of Housing and Community Development to receive a delegation of the State settlement expense loan program under State law in the County; and

    (8)   take any other action necessary or convenient for the effective operation of the program.

**Sec. 25B-14. Closing cost assistance fund.**

  A revolving fund is established to be used to make loans and to pay expenses of the program. All appropriations and other receipts for the program must be placed in the fund, and all payments for program expenses must originate in the fund. Unappropriated surplus in the fund may be transferred through the appropriation process.

**Sec. 25B-15. False statements or reports.**

  (a)   A person may not knowingly make or cause any false statement or report to be made in any document required to be furnished in relation to a loan.

  (b)   A person applying for a loan may not knowingly make or cause any false statement or report to be made for the purpose of influencing an action on a loan application.

  (c)   Any person who violates any provision of subsection (a) or (b) of this section is guilty of a Class A offense.

**Sec. 25B-16. Annual report.**

  By March 1 of each year, the County Executive must submit an annual report for the preceding calendar year describing implementation of the program, including the number and dollar value of loans made, income characteristics of loan recipients, and the number and dollar value of any loan defaults.

### Article IV. Productivity Housing Program.

**Sec. 25B-17. Definitions.**

  In this Article, the following words have the following meanings:

  (a)   Area-wide median income means the income level determined to represent the median income for the Washington area by the U.S. Department of Housing and Urban Development, adjusted for household size.

  (b)   Consumer Price Index means the latest published version of the Consumer Price Index for all Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any similar index selected by the County Executive.

  (c)   Date of original sale means the date of settlement for purchase of a productivity housing unit.

  (d)   Date of original rental means the date that the first lease of a productivity housing unit takes effect.

  (e)   Department means the Department of Housing and Community Affairs.

  (f)   Developer means a person or other legal entity that seeks to develop a productivity housing project.

  (g)   Director means the Director of the Department or the Director's designee.

  (h)   Dwelling unit means a building or part of a building that provides complete living facilities for one family, including at a minimum facilities for cooking, sanitation and sleeping.

  (i)   Housing Initiative Fund means the fund established under section 25B-9.

  (j)   Productivity housing or productivity housing project means a project to build dwelling units for sale or rent at one location where at least 35 percent of the dwelling units are sold or rented to households with incomes below the area-wide median income.

  (k)   Productivity housing unit means a dwelling unit in a productivity housing project that is subject to rent limits or sales controls under this Article.

  (l)   Program means the productivity housing program.

**Sec. 25B-18. Productivity housing program.**

  (a)   Establishment. The Department must establish a productivity housing program.

  (b)   Purpose. The purpose of the program is to promote the construction of housing affordable to households with incomes at and below the area-wide median income level. The construction of that housing is intended to:

    (1)   allow households with incomes at and below the area-wide median income level to have greater housing choices in the County;

    (2)   increase the availability of housing for those workers whose income cannot support the high cost of housing that is located close to the workplace and as a result, are increasingly priced out of housing opportunities;

    (3)   assist County employers in reducing critical labor shortages of skilled and semi- skilled workers by providing housing that will be accessible to the workplace; and

    (4)   reduce traffic congestion by shortening commute distances for employees who work in the County but who otherwise must live outside the County.

  (c)   Relationship to other affordable housing programs. The program is intended to complement the moderately priced housing program under Chapter 25A and other County programs designed to promote affordable housing.

  (d)   Regulations. The County Executive must adopt regulations under method (1) to administer this Article. These regulations may include setting maximum sale prices and annual rent limits after adjustments for inflation, establishment of sale price and rent ranges, the range of income-eligible households that will be served, foreclosures, waivers, income eligibility standards, notice to the Department of sales and rentals, and other relevant matters. The regulations must set a range of sale prices for productivity housing units which do not exceed 175 percent of the sale prices set for comparable moderately priced dwelling units under Chapter 25A.

**Sec. 25B-19. Execution of agreement; building permit issuance.**

  (a)   Agreement. If the developer of a productivity housing project has obtained approval for a special exception under Chapter 59 and all necessary regulatory approvals from the Planning Board, the Director and the developer must execute an agreement ensuring compliance by the developer and any successor in interest with this Article. The agreement must incorporate the staging plan for the construction of productivity housing units, the mix of dwelling unit sizes and types, and the selling price or annual rent for each unit. Where appropriate, the agreement must reflect conditions required as part of the special exception and other regulatory approvals.

  (b)   Certification of director as prerequisite to issuance of building permit. After an agreement is executed under subsection (a), before a building permit is issued the Director must certify to the Director of Permitting Services that the requirements of this Article have been met.

**Sec. 25B-20. Construction of productivity housing units.**

  (a)   Staging plan. The staging plan for all dwelling units in a proposal must be arranged so that productivity housing units will be built before or along with other dwelling units.

  (b)   Enforcement. If productivity housing units are not built before or along with other dwelling units as provided in the staging plan, the Department of Permitting Services may withhold any later building permit applicable to the project until the productivity housing units contained in the staging plan are built.

**Sec. 25B-21. Control of sale prices; rent limits; income eligibility; foreclosures.**

  (a)   Sales; control period. The sale price of a productivity housing unit is controlled under this subsection for 10 years after the date of original sale. During the control period, a productivity housing unit must only be sold to an individual with a household income that does not exceed the area-wide median income.

  (b)   Resale price during control period. Except for foreclosure proceedings, a productivity housing unit constructed or offered for sale under this Article must not be resold during the applicable control period for a price greater than the original selling price plus:

    (1)   a percentage of the unit's original selling price equal to the increase in the cost of living, as determined by the Consumer Price Index.

    (2)   the fair market value of capital improvements made to the unit between the date of original sale and the date of resale;

    (3)   an allowance for closing costs which were not paid by the initial seller, but which will be paid by the initial buyer for the benefit of the later buyer; and

    (4)   a reasonable sales commission.

  (c)   Resale price after control period ends.

    (1)   For the first sale of a productivity housing unit after the applicable control period ends that exceeds the allowable price specified under subsection (a), the seller must pay to the Housing Initiative Fund one-half of the excess of the total resale price over the sum of:

      (A)   the original selling price;

      (B)   a percentage of the unit's original selling price equal to the increase in the cost of living as determined by the Consumer Price Index;

      (C)   the fair market value of capital improvements made to the unit between the date of original sale and the date of resale; and

      (D)   a reasonable sales commission.

  The Director must adjust the amount paid into the Housing Initiative Fund in each case so that the seller retains at least $10,000 of the excess of the resale price over the sum of the items in subparagraphs (A)--(D).

    (2)   The Director must find that the price and terms of a sale covered by paragraph (1) are bona fide and accurately reflect the entire transaction between the parties so that the full amount required under paragraph (1) is paid to the Fund. When the Director finds that the amount due the Fund is accurate and the Director of Finance receives the amount due, the Director must terminate the controls imposed by this section and execute a release of all restrictive covenants.

  (d)   Limits on rents. Unless the unit was previously sold under subsection (c), any productivity housing unit built or offered for rent under this Chapter must not be rented for 20 years after the date of original rental at a rent greater than the rent allowed for productivity housing units under this Article and applicable regulations. Rent may include parking but does not include utilities when they are paid by the tenant. Different rents must be set when utility costs are paid by the owner and included in the rent. During the applicable control period, a productivity housing unit must only be rented to an individual with a household income that does not exceed the limits set under this Article.

  (e)   Foreclosure. If a productivity housing unit is sold in a foreclosure proceeding begun by a lending institution, the Director must terminate the productivity housing controls and execute a release of all restrictive covenants if all the proceeds of the sale, if any, that must be paid to the Housing Initiative Fund have been paid. If a foreclosure sale of a productivity housing unit occurs during the applicable control period, any price paid at the foreclosure sale that exceed the price established under subsection (b) plus any reasonable costs and fees of foreclosure must be paid into the Housing Initiative Fund. If a productivity housing unit is foreclosed after the control period, subsection (c) applies. If the unit sold was a rental unit, the Department must calculate the sale price that would have been permitted at the date of original rental as if the unit had been originally offered for sale.

  (f)   Bulk sales. This section does not prohibit the bulk sale or transfer of all or some rental productivity housing units if the buyer is bound by all covenants and controls on the productivity housing units.

**Sec. 25B-22. Compliance.**

  (a)   Covenants.

    (1)   This Article applies to the owner, any successor in interest, assignee, or other person with a legal or equitable interest in the productivity housing unit. Before recording the plat for a productivity housing project, the owner must execute and record covenants assuring that:

      (A)   the restrictions of this Article run with the land; and

      (B)   the covenants are binding on the owner, any assignee, mortgagee, subsequent purchaser, and any other party that receives title to the property.

    (2)   Covenants executed to satisfy paragraph (1) must be senior to all instruments securing permanent financing.

  (b)   Later deeds. The grantor must state, in any deed or instrument conveying title to a productivity housing unit, that the unit is subject to this Article until the restrictions are released under Section 25B-21 or other provision of law.

  (c)   Violations.

    (1)   The Director of Permitting Services may deny, suspend, or revoke any building or occupancy permit upon finding a violation of this Article.

    (2)   The Planning Board may revoke any previously approved preliminary plan of subdivision, sketch plan, or site plan, upon finding a violation of this Article.

    (3)   Any violation of this Article is a Class A violation.

### Article V. Workforce Housing

**Sec. 25B-23. Definitions.**

  In this Article, the following words have the following meanings:

  (a)   Area-wide median income means the latest published income level determined to represent the median income for the Washington area by the U.S. Department of Housing and Urban Development, adjusted for household size.

  (b)   Consumer Price Index means the latest published version of the Consumer Price Index for all Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or any similar index designated by regulation.

  (c)   Date of original sale means the date of settlement for purchase of a workforce housing unit.

  (d)   Date of original rental means the date that the first lease of a workforce housing unit takes effect.

  (e)   Department means the Department of Housing and Community Affairs.

  (f)   Developer means a person or other legal entity that seeks to develop a housing project.

  (g)   Director means the Director of the Department or the Director’s designee.

  (h)   Dwelling unit means a building or part of a building that provides complete living facilities for one family, including at a minimum facilities for cooking, sanitation, and sleeping.

  (i)   Housing Initiative Fund means the fund established under Section 25B-9.

  (j)   Workforce housing project means a housing or mixed-use project where dwelling units are sold or rented to households with incomes at or below 120% of the area-wide median income under an agreement between the developer and the Director.

  (k)   Workforce housing unit means a dwelling unit in a workforce housing project that is subject to rent limits or sales controls under this Article.

  (l)   Program means the workforce housing program.

**Sec. 25B-25. Execution of agreement; building permit issuance.**

  (a)   Agreement.

    (1)   After the developer of a housing project has obtained approval from the Planning Board of a site plan that includes the number of workforce housing units approved under any applicable provision of Chapter 59 and all other necessary regulatory approvals, the Director and the developer must execute an agreement assuring compliance with this Article by the developer and any successor in interest.  The Director must attach a copy of the approved site plan to this agreement.

    (2)   The agreement must incorporate a staging plan for the construction of workforce housing units, the mix of dwelling unit sizes and types, and the maximum selling price or annual rent for each unit.  The staging plan must require all workforce housing units to be built before or at the same time as the other dwelling units.  Where appropriate, the agreement must reflect conditions required as part of other regulatory approvals.

    (3)   The agreement must require that the number of efficiency and one-bedroom workforce housing units each must not exceed the ratio that market-rate efficiency and one-bedroom units respectively bear to the total number of market-rate units in the subdivision.  The Director must not approve an agreement that reduces the number of bedrooms required by this subsection in any workforce housing unit.

  (b)   Issuance of building permit.  The Director of Permitting Services must not issue a building permit for any development where workforce housing units are approved under Chapter 59 until the agreement required by subsection (a) is executed.  After an agreement is executed under subsection (a), the Director must certify to the Director of Permitting Services before a building permit is issued that all applicable requirements of this Article have been met.  If all workforce housing units are not built before or at the same time as other dwelling units as required in the staging plan, the Director of Permitting Services may:

    (1)   withhold any later building permit for any part of the same development until all workforce housing units designated in the staging plan are built;

    (2)   issue a stop work order, effective until all workforce housing units designated in the staging plan are built; or

    (3)   withhold any use and occupancy permit for other units in the development until all workforce housing units designated in the staging plan are built.

**Sec. 25B-26.Control of sale prices; rent limits; income eligibility; foreclosures.**

  (a)   Sales; control period.  The sale price of a workforce housing unit must be controlled under this subsection for 20 years after the date of original sale.  During the applicable control period, a workforce housing unit must only be sold to an individual with a household income that does not exceed 120% of the area-wide median income or a lower amount set by regulation.  Any workforce housing unit offered for sale, or for resale during the control period, must first be offered exclusively for 60 days to the Department and the Housing Opportunities Commission, in that order.  The Department and the Commission may buy a workforce housing unit at any time during the control period, and may resell the unit to an eligible person.  A resale by the Department or Commission starts a new control period.

  (b)   Resale price during control period.

    (1)   Resale price.  Except in a foreclosure proceeding, a workforce housing unit constructed or offered for sale under this Article must not be resold during the applicable control period for a price greater than the maximum sale price for a similar new workforce housing unit under applicable regulations on the date of the resale.

    (2)   Return to seller.  The Department must supplement any bona fide price that the seller of a workforce housing unit receives from the buyer under paragraph (1) so that the seller receives a total of the original sale price of the unit plus:

      (A)   an allowance for closing costs which were not paid by the initial seller, but which will be paid by the initial buyer for the benefit of a later buyer;

      (B)   the fair market value of any capital improvement that the Director finds was needed to maintain the equity of the unit;

      (C)   a percentage, set by regulation, of the difference between the unit’s appraised market value (as defined by applicable regulations) when the seller bought the unit and its appraised market value when the seller offered the unit for sale, which must not exceed 50% of the total price appreciation; and

      (D)   a reasonable sales commission.

The Department may use funds in the Housing Initiative Fund to pay all or part of the amount returned to the seller under this paragraph, to the extent provided in applicable regulations.

    (3)   Payment to Housing Initiative Fund.  If the bona fide price the seller receives is greater than the amount allowable under paragraph (2), the seller must pay the difference to the Fund.  The Director must find that the price and terms of a sale covered by paragraph (1) are bona fide and accurately reflect the entire transaction between the parties so that the full amount required under this Section is paid to the Fund.

  (c)   Resale price after control period ends.

    (1)   For the first sale of a workforce housing unit after the applicable control period ends that exceeds the allowable price specified under subsection (a), the seller must pay to the Housing Initiative Fund one-half of the excess of the total resale price over the sum of:

      (A)   the original appraised market value;

      (B)   a percentage of the unit’s original appraised market value equal to the increase in the cost of living as determined by the metropolitan area Consumer Price Index;

      (C)   the fair market value of capital improvements made to the unit between the date of original sale and the date of resale; and

      (D)   a reasonable sales commission.

The Director must adjust the amount paid into the Housing Initiative Fund in each case so that the seller retains at least $10,000 of the excess of the resale price over the sum of the items in subparagraphs (A) — (D).

    (2)   The Director must find that the price and terms of a sale covered by paragraph (1) are bona fide and accurately reflect the entire transaction between the parties so that the full amount required under paragraph (1) is paid to the Fund.  When the Director finds that the amount due the Fund is accurate and the Director of Finance receives the amount due, the Director must terminate the controls imposed by this section and execute a release of all restrictive covenants.

  (d)   Limits on rents. Unless the unit was previously sold under subsection (c), any workforce housing unit built or offered for rent under this Chapter must not be rented for 99 years after the date of original rental at a rent greater than the rent allowed for workforce housing units under this Article and applicable regulations. Rent may include parking but does not include utilities when they are paid by the tenant.  Different rents must be set when utility costs are paid by the owner and included in the rent.  During the applicable control period, a workforce housing unit must only be rented to an individual with a household income that does not exceed the limits set under this Article.

  (e)   Foreclosure.  If a workforce housing unit is sold in a foreclosure proceeding begun by a lending institution, the Director must terminate the workforce housing controls and execute a release of all restrictive covenants if all proceeds of the sale, if any, that must be paid to the Housing Initiative Fund have been paid.  If a foreclosure sale of a workforce housing unit occurs during the applicable control period, any price paid at the foreclosure sale that exceeds the price established under subsection (b), plus any reasonable costs and fees of foreclosure, must be paid into the Housing Initiative Fund.  If a workforce housing unit is foreclosed after the control period, subsection (c) applies.  If the unit sold was a rental unit, the Department must calculate the sale price that would have been permitted at the date of original rental as if the unit had been originally offered for sale.

  (f)   Bulk sales.  This section does not prohibit the bulk sale or transfer of all or some rental workforce housing units if the buyer is bound by all covenants and controls on the workforce housing units.

**Sec. 25B-27.Compliance.**

  (a)   Covenants.

    (1)   This Article applies to the owner and any successor in interest, assignee, or other person with a legal or equitable interest in a workforce housing unit.  Before recording the plat for a workforce housing project, the owner must execute and record covenants assuring that:

      (A)   the restrictions of this Article run with the land;

      (B)   the covenants are binding on the owner, any assignee, mortgagee, or later purchaser, and any other party that receives title to the property; and

      (C)   the County may create a lien to collect that portion of the sale price or foreclosure sale price of a workforce housing unit which exceeds the approved resale price.

    (2)   Any covenant executed to satisfy paragraph (1) must be senior to all instruments securing permanent financing.

  (b)   Later deeds.  The grantor must clearly and conspicuously state, in any purchase and sale agreement and any deed or instrument conveying title to a workforce housing unit, and the grantee must clearly and conspicuously acknowledge, that the unit is subject to this Article and the restrictions in the covenants until all restrictions are released under Section 25B-27 or another provision of law.  Any deed or other instrument conveying title to a workforce housing unit during the control period must be signed by both the grantor and grantee.  When a deed or other instrument conveying title to a workforce housing unit is recorded in the land records, the grantor must cause to be filed in the land records a notice of sale for the benefit of the County in the form provided by state law.

  (c)   Violations; enforcement.

    (1)   Any violation of this Article or regulations adopted under it is a class A violation.

    (2)   An occupancy permit must not be issued for any building to any applicant, or a successor or assign of any applicant, for any construction which does not comply with this Chapter.  The Director of Permitting Services may deny, suspend, or revoke any applicable building or occupancy permit if the Director finds that the applicant or permittee has committed a violation of this Article.  The Planning Board may revoke any previously approved preliminary plan of subdivision, site plan, or sketch plan, if the Board finds a violation of this Article.

    (3)   The Director may take legal action to stop or cancel any transfer of a workforce housing unit if any party to the transfer does not comply with all requirements of this Article.  The Director may recover any funds improperly obtained from any sale or rental of a workforce housing unit in violation of this Article, plus costs and interest at the rate prescribed by law from the date a violation occurred.

    (4)   In addition to or instead of any other available remedy, the Director may take leal action to:

      (A)   enjoin a workforce housing unit owner who violates this Article, or any covenant signed or order issued under this Article, from continuing the violation; or

      (B)   require an owner to sell a workforce housing unit owned or occupied in violation of this Article to the County, the Housing Opportunities Commission, or an eligible person.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 26. Housing and Building Maintenance Standards.

### Article I. General.

**Sec. 26-1. Purpose.**

  This Chapter is intended to protect the people of the County against the consequences of urban blight, assure the continued economic and social stability of structures and neighborhoods, and protect the health, safety and welfare of residents, by authorizing the enforcement of:

  (a)   minimum standards of health and safety, fire protection, light and ventilation, cleanliness, repair and maintenance, and occupancy for residential properties; and

  (b)   minimum standards of repair and maintenance for nonresidential properties.

**Sec. 26-2. Definitions.**

  In this Chapter, the following words and phrases have the following meanings unless the context clearly indicates otherwise:

  Basement: That portion of a building located below the first floor joists, at least half of whose clear ceiling height is above the mean level of the adjacent ground.

  Cellar: That portion of a building located below the first floor joists, at least half of whose clear ceiling height is below the mean level of the adjacent ground.

  Chief Administrative Officer or CAO: The Chief Administrative Officer or the CAO’s designee.

  Deadbolt lock: A single cylinder bolt lock which:

  (a)   operates with a thumb turn from inside and a key from outside the premises, and

  (b)   automatically engages when fully thrown and lacks a spring to extend or retract the bolt.

  Director: The Director of the Department of Housing and Community Affairs, or the Director’s designee.

  Dwelling: Any building which is wholly or partly used or intended to be used for residing, lodging, or sleeping by human occupants.  Dwelling includes a mobile home or personal living quarters building.  Dwelling does not include temporary housing or a fallout or emergency shelter.

  Dwelling unit: Any room or group of rooms located in a dwelling which forms a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating.  Dwelling unit includes a rooming unit.

  Enforcing agency:

  (a)   the Department of Housing and Community Affairs;

  (b)   any other agency of County government which the Chief Administrative Officer assigns to enforce this Chapter; or

  (c)   an applicable municipal agency in any municipality where this Chapter applies.

  Exterminate: Control or eliminate insects, rodents, or other vermin by:

  (a)   eliminating harborage points;

  (b)   removing or making inaccessible materials that may serve as food:

  (c)   lawful poisoning, spraying, fumigating, or trapping; or

  (d)   any other method approved by an enforcing agency.

  Garbage: All organic waste, consisting of the residue of animal, fruit or vegetable matter, resulting from the preparation, cooking, handling, or storage of food, but not including human or animal feces.

  Habitable room: A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating.  Habitable room does not include any bathroom, water closet compartment, laundry, pantry, foyer, communicating corridor, closet, recreation room, private workshop or hobby room, storage space, or fallout or emergency shelter.

  Habitable space: Any space in a dwelling unit or individual living unit except a bathroom, water closet compartment, laundry, pantry, foyer or communicating corridor, closet, recreation room, private workshop or hobby room, storage space, and fallout or emergency shelter.

  Individual living unit: A private living accommodation, located in a person living quarters building, which may contain complete sanitation facilities and equipment for incidental food preparation, such as small portable kitchen appliances, but does not contain complete cooking facilities, such as a stove, oven, or similar device.

  Infestation: The presence, in or around a dwelling, of any insect, rodent, or other vermin.

  Mobile home: A structure, transportable in one or more sections, which:

  (a)   is at least 8 body feet wide and 32 body feet long;

  (b)   is built on a permanent chassis;

  (c)   is designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities;

  (d)   includes plumbing, heating, air-conditioning, and electrical systems; and

  (e)   is used for living or sleeping by human occupants for more than 90 days, or more than 30 consecutive days, in any calendar year.

  Multiple dwelling: Any dwelling containing 2 or more dwelling units.

  Nonresidential structure: Any structure or part of a structure used for purposes other than human habitation, and its premises.

  Occupant: Any person, over one year of age, living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit, rooming unit, or individual living unit.

  Owner: Any person who, alone or jointly or severally with any other person:

  (a)   has legal title to any dwelling or dwelling unit, with or without having actual possession of the unit; or

  (b)   has charge, care, or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner.

  Personal living quarters building: Any building or portion of a building containing at least 6 individual living units which must have cooking facilities that the residents may share, and which may also have shared sanitation facilities.

  Plumbing: The following facilities and equipment: gas pipe, gas-burning equipment, water pipe, garbage disposal unit, waste pipe, water closet, sink, installed dishwasher, lavatory, bathtub, shower bath, installed clothes-washing machine, catch basin, drain, or vent; any similar supplied fixture; and all connections to a water, sewer, or gas line.

  Public nuisance: Any dwelling, dwelling unit, or nonresidential structure, or any part of any of them, that is:

  (a)   a threat or hazard to the health and safety of the community, including any vacant unsecured building, unprotected or abandoned well, open shaft, open basement, excavation, unsafe fence, unsafe stairway, or unsafe step;

  (b)   unsanitary, littered with rubbish or garbage, used for outdoor storage or abandonment of appliances for more than 48 hours or equipment which poses a threat of injury or danger to life;

  (c)   severely deteriorated, dilapidated, structurally unsafe, or fire-damaged;

  (d)   not equipped with properly functioning sanitary sewage and plumbing facilities;

  (e)   creating a condition that would or could result in substantial damage to another property;

  (f)   unsafe or unhealthful to any occupant, neighbor, employee, visitor, guest, or tradesman; or

  (g)   creating a visual blight.

  Recreational vehicle: A vehicle or attachment to a vehicle which is primarily designed as temporary living quarters.  A recreational vehicle may have its own motive power or be mounted on or towed by another vehicle.  Recreational vehicle includes a travel trailer, camping trailer, truck camper, or motor home.

  Rooming house: Any dwelling, or that part of any dwelling, which contains one or more rooming units, in which space is let or offered by the owner to 2 or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner.

  Rooming unit: Any room or group of rooms which forms a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating.

  Rubbish: All refuse, combustible or noncombustible, except garbage.  Rubbish includes any debris from building construction or reconstruction, dead tree, uprooted tree stump, rubble, street refuse, disabled machinery, bottle, can, waste paper, cardboard, sawdust pile, slash from sawmill operations, or other waste material.

  Security measure: A device, action, or precaution, approved by regulation, designed to protect against another person’s entry into a dwelling unit without permission.  Security measure includes a key control program, changing cylinder or pin settings between tenancies, and any device such as a deadbolt lock, cane bolt, header and threshold bolt, viewer, window lock or pin, charlie bar, or track lock.

  Shelter, fallout or emergency: A structure or part of a structure intended to protect human life from nuclear fallout, enemy action, storm, or a like emergency.

  Structure: Something which is built or constructed, including a part of a structure.

  Supplied: Paid for, furnished or provided by or under the control of an owner.

  Temporary housing: Any tent, recreational vehicle, or similar structure which is used for human shelter for not more than 90 days, nor more than 30 consecutive days, in any calendar year and complies with all applicable laws and regulations.

  Transient lodging facility: An Establishment defined and licensed under Chapter 54.

  Unused vehicle: A motor vehicle or trailer in, on, or by which any person or property may be transported on a public street, that is:

  (a)   inoperable or, if operable, not currently registered by a government agency which registers vehicles of that type in Maryland, and

  (b)   not completely enclosed in a garage or other building.

  An unused vehicle does not include any farm equipment which is kept on a property of 2 or more acres on which crops are grown and harvested, and which is used to grow and harvest crops.

  Ventilation: The process of supplying air to, or removing air from, any space by natural or mechanical means.

  Visual blight: Keeping, storing, scattering over, or accumulating any of the following which can be viewed at ground level from a public right-of-way or from neighboring premises:

  (a)   rubbish, lumber, packing materials, or building materials;

  (b)   abandoned, discarded or unused object or equipment, including any furniture, appliance, can or container, automobile part or equipment;

  (c)   abandoned, disabled, dismantled, or unused vehicle or part of a vehicle; or

  (d)   pile of dirt, mulch, sand, gravel, concrete, or other similar construction materials.

  Visual blight also includes any other condition or use of a building or surrounding land which because of its appearance, viewed at ground level from a public right-of-way or from neighboring premises, is likely to reduce the value of nearby property.  Visual blight does not include building or construction materials intended to be used for any repair or renovation activity for which a building permit was issued and has not expired, and stored for the time reasonably necessary to promptly complete the work for which the permit was issued.

  Workmanlike: Executed in a skilled manner; for example, general plumb, level, square, in line, undamaged, and without marring adjacent work.

  The words dwelling, dwelling unit, personal living quarters, rooming house, rooming unit, or transient lodging facility include any part of each and the premises of each.

**Sec. 26-3.  Applicability; exemptions.**

  (a)   Residential.  An owner and any occupant of a dwelling, individual living unit, or rooming unit must comply with all applicable provisions of this Chapter.  An owner must not occupy, or initially let to any other occupant, any vacant dwelling, individual living unit, or rooming unit unless it complies with all applicable provisions of law.

  (b)   Exemptions.  This Chapter does not apply to any sanitarium, hospital, nursing home, care home, child day care center, or similar institutional facility which is operated under a license issued by a state or County agency.

  (c)   Nonresidential.  Each owner of a nonresidential property must comply with all applicable provisions of this Chapter.

**Sec. 26-4. Compliance with other laws.**

  (a)   Other County laws apply.  In addition to this Chapter, each owner of property must also comply with any property and structure maintenance requirements in Chapter 8, Chapter 17, Chapter 22, Chapter 29, Chapter 48, Chapter 58, and Chapter 59.

  (b)   Historic properties.  If an enforcement action taken under this Chapter would directly affect any building or structure which has been designated on the master plan for historic preservation as a historic site or a historic resource in a historic district, or which is listed on the locational atlas and index of historic sites maintained by the Planning Board, the enforcing agency must apply for a historic area work permit under Section 24-7 or a permit under Section 24A-10, whichever applies, before the enforcing agency removes the building or structure, substantially alters its exterior features, or contracts to do either.

  c)   Conflict of laws.  If any provision of this Chapter conflicts with any other County, municipal, state, or federal law, the more stringent law applies.

**Sec. 26-5. Space, use, and location.**

  The owner of any dwelling or dwelling unit must assure compliance with the following standards during human habitation:

  (a)   Floor area, dwelling unit.  Every dwelling unit must contain at least 150 square feet of floor area for the first occupant and at least 100 additional square feet of floor area for every additional occupant.  The floor area of that part of any room where the ceiling height is less than 5 feet or where the room width is less than 7 feet must not be considered in computing the habitable space of the room to decide its maximum permissible occupancy.

  (b)   Floor area, sleeping.  In every dwelling unit of 2 or more rooms, every room occupied for sleeping purposes by one occupant must contain at least 70 square feet of habitable space, and every room occupied for sleeping purposes by more than one occupant must contain at least 50 square feet of habitable space for each occupant.  However, in a mobile home every room occupied for sleeping purposes by one occupant must contain at least 50 square feet of habitable space; by 2 occupants, at least 70 square feet of habitable space; and by more than 2 occupants, at least an additional 50 square feet of habitable space for each additional occupant.

  (c)   Floor area, individual living unit.  Each individual living unit must contain at least 150 square feet of floor area for each occupant.  The floor area of that part of any room where the ceiling height is less than 5 feet or where the room width is less than 7 feet must not be considered in computing the habitable space of the room to decide its maximum permissible occupancy.

  (d)   Ceiling height.  At least one-half of the floor area of every habitable room must have a ceiling height of at least 6 feet 8 inches, except that a beam, girder, duct or other obstruction may project to within 6 feet 4 inches of the finished floor.

  (e)   Cellar space.  Cellar space must not be used as habitable space without written permission from an enforcing agency.

  (f)   Basement space.  Basement space must not be used as habitable space unless, in addition to all other requirements of this Chapter:

    (1)   the floor and walls and are impervious to leakage of underground and surface runoff water and insulated against dampness; and

    (2)   the minimum aggregate glass area of windows required by this Chapter is located entirely above the grade of the ground adjoining the window area.

  (g)   Access to sleeping room.  The access to any sleeping room must not pass through another sleeping room.

  (h)   Privacy.  Each dwelling unit and individual living unit must be arranged to provide privacy, with doors and floor to ceiling walls.

**Sec. 26-6. Basic equipment and facilities.**

  All equipment and facilities must be properly installed, maintained, and kept in good repair.  The owner of any dwelling or dwelling unit must assure compliance with the following standards during human habitation:

  (a)   Electric service.  Where electric service is available from power lines which are not more than 300 feet away, each dwelling, dwelling unit, personal living quarters, transient lodging facility, and all public and common areas must be supplied with electric service, outlets and fixtures which are properly installed, maintained in good and safe working condition, and connected to the source of electric power in a manner consistent with applicable County regulations.  The capacity of the services and the number of outlets and fixtures must meet the following requirements:

    (1)   Every habitable room must have an electric service and outlets or fixtures, or both, capable of providing at least 3 watts per square foot of floor area.

    (2)   Every habitable room must have at least one floor or wall electric convenience outlet for each 60 square feet of floor area, and in no case less than 2 outlets.

    (3)   Every water closet compartment, bathroom, laundry room, furnace room and public hall must contain at least one supplied ceiling or wall electric light fixture.

    (4)   Every cooking area must be supplied with at least one circuit rated for at least 20 ampere service capacity.

    (5)   Circuit breakers, fuses and other circuit protection devices must:

      (A)   not exceed the rated capacity of the circuit; and

      (B)   be sufficient for normal household use.

    (6)   Each individual room air conditioning unit, regardless of its current rating, must be served by not less than an individual 20-amp circuit using No. 12 copper wire which terminates in a single receptable.

  (b)   Water and sewer service.

    (1)   All plumbing fixtures and systems must be installed and maintained as prescribed by applicable County or Washington Suburban Sanitary Commission regulations.

    (2)   Any dwelling unit on property where Washington Suburban Sanitary Commission water or sewer service is not available and a private water supply and sewage disposal system cannot be legally installed may receive a waiver under conditions set by regulation.

    (3)   In mobile homes, plumbing systems must be protected from freezing.

  (c)   Kitchen.

    (1)   Every dwelling unit and personal living quarters building must contain a room or space with the following equipment and facilities to store, prepare, and cook food:

      (A)   cooking and baking facilities;

      (B)   storage cabinets;

      (C)   a refrigerator and freezer (compartment or separate unit) for perishable food storage.  Each refrigerator must be capable of maintaining a temperature below 45 degrees Fahrenheit.  Each freezer or freezer unit must be capable of maintaining a temperature between 6 and 12 degrees Fahrenheit;

      (D)   a kitchen sink in good working condition, properly connected to a hot and cold running water system under pressure and an approved sewer system.

    (2)   Any cooking equipment which is installed in every individual living unit in a personal living quarters building need not be installed in a shared kitchen.  However, an individual living unit must not be equipped with complete cooking facilties.

    (3)   The owner of a rooming house must post in each occupied rooming unit a sign stating “No Cooking Permitted in This Room” in letters at least  inch high.

  (d)   Bathroom.  Each dwelling unit, personal living quarters building, and transient lodging facility must be equipped with a complete bathroom fixture group, consisting of a flush water closet, lavatory basin, and bathtub or shower in good working condition, installed and maintained as prescribed by applicable County or Washington Suburban Sanitary Commission regulations.

    (1)   The bathroom fixture group must be properly connected to an approved sewage disposal system and an approved hot and cold running water system under pressure, except that the flush water closet must be connected to an approved sewage disposal system and an approved cold running water system under pressure.

    (2)   The flush water closet, lavatory basin, and bathtub or shower need not be installed in the same room, but the room where any of them is installed must afford privacy to a person in that room.  A flush water closet and lavatory must be accessible from each bedroom without passing through another bedroom.

    (3)   Every personal living quarters building and every transient lodging facility that does not contain a flush water closet, lavatory basin, and bathtub or shower in each individual living unit must contain shared facilities, located in the building and accessible to all occupants from common halls or passageways.  At least one flush water closet, lavatory basin, and bathtub or shower must be installed for each 6 occupants or fraction of 6.  In a transient lodging facility where rooms are let only to males, flush urinals may be substituted for not more than half the required water closets.

  (e)   Rubbish and garbage storage.  Each dwelling unit, personal living quarters, and transient lodging facility must be supplied with adequate rubbish storage facilities and with adequate garbage disposal facilities or garbage storage containers as required by Chapter 48.

  (f)   Additional requirements for certain mobile homes.  Each mobile home, except a mobile home located in a licensed mobile home park, must be:

    (1)   placed on a permanent foundation which meets the requirements of Chapter 8; and

    (2)   securely tied down with ties and ground anchors which meet the requiremetns of Chapter 8.

**Sec. 26-7. Light, ventilation and heating, temperature control.**

  The owner of each dwelling or dwelling unit must assure compliance with the following standards during human habitation:

  (a)   Natural light.  Each habitable room must contain windows, skylights, shutters, monitors, glazed doors, transoms, glass block panels, or other light transmitting media open to the sky or to a public street, yard or court which comply with the requirements for lighting in Chapter 8.

    (1)   When windows and exterior doors are used to provide natural light and ventilation, their aggregate glass area must be at least 8 percent of the floor area of each habitable room.

    (2)   If walls or other portions of structures face a window of any habitable room and are located less than 3 feet from the window and extend above the ceiling of the room, the window must not be included in the required minimum total window area.

    (3)   If the only window in a room is a skylight in the ceiling, the minimum aggregate glass area of the skylight must be at least 15 percent of the floor area of the room.

    (4)   Alternate arrangements of windows, doors or other methods that will provide the equivalent minimum light performance as prescribed in Chapter 8 may be used, but every individual living unit must have at least one window which aggregate glass area greater than 4 percent of the floor area of all rooms in the individual living unit.

  (b)   Artificial light.  Each common hallway and stairway in a multiple dwelling and personal living quarters building must be adequately lighted with lighting facilities sufficient to provide at least 3 foot-candles of light at the floor or stair tread level at all times.  Each common hallway and stairway in a structure devoted solely to dwelling occupancy and containing not more than 4 dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.

  (c)   Ventilation.  Each habitable room must provide adequate ventilation that meets the minimum standards prescribed in Chapter 8.

    (1)   When ventilation is provided by windows and exterior doors, the total of the openable window or door area in each habitable room must be at least 45 percent of the minimum aggregate glass area of the window or skylight as required in subsection (a) or 4 percent of the floor area of every habitable room.

    (2)   Every window or opening to outdoor space, used or intended to be used for ventilation, must be supplied with screens or other method of insect control approved by the Director.

    (3)   Every window used or intended to be used for ventilation, and every other opening in any dwelling which might provide an entry for rodents, must be supplied with a screen or other device which effectively prevents their entrance.

  (d)   Light and ventilation for bathrooms.  Each bathroom and water closet compartment must comply with the light and ventilation requirements in Chapter 34 or applicable plumbing regulations of the Washington Suburban Sanitary District.

  (e)   Space and water heating.  Each dwelling or dwelling unit, personal living quarters building, and transient lodging facility must be supplied with space and water heating facilities which are properly installed and are maintained in safe and good working condition.  Either central or space heating may be used, but each must meet the following requirements:

    (1)   Central heating.  Each central heating unit or central hot water heating unit must:

      (A)   have each heat duct, steam pipe, or hot water pipe free of leaks and functioning properly to provide a sufficient amount of heat and hot water to the intended place of delivery;

      (B)   be equipped with seals between sections of hot air furnaces to prevent the escape of toxic gases into heat ducts;

      (C)   if the unit uses electricity, be connected to an electric circuit of sufficient capacity in an approved manner; and

      (D)   be provided with automatic safety devices which are installed and operated as required by applicable County regulations.

    (2)   Space heating; hot water.  Each space heating or hot water unit must:

      (A)   not use gasoline as a fuel;

      (B)   not be manufactured or designed to be portable if the unit uses solid, liquid, or gaseous fuel;

      (C)   if the unit uses a flame, be connected to a flue or vent as required by applicable County regulations;

      (D)   if the unit uses gaseous fuel, be connected with a non-flexible metal tubing;

      (E)   if the unit uses solid or liquid fuels, have a fire resistant panel beneath it;

      (F)   be located at least 2 feet away from any wall, or be equipped with insulation sufficient to prevent the overheating of any wall as prescribed by applicable standards of the American National Standards Association or the National Fire Protection Association;

      (G)   if the unit uses electricity, be connected to an electric circuit of sufficient capacity in an approved manner; and

      (H)   be installed and operated as required by applicable County regulations.

    (3)   Temperature control - space heating.

      (A)   Each owner of a dwelling unit or individual living unit where the heat is not under the control of the tenant must maintain a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.

      (B)   Each owner of a dwelling unit or individual living unit where the heat is under the control of the tenant must provide in working condition heating equipment capable of maintaining a temperature of at least 68 degrees Fahrenheit in each habitable room, bathroom, and water closet compartment at a distance of 3 feet above floor level.

      (C)   If the thermostat or other mechanism governing the heat in more than one dwelling unit in a multiple dwelling or individual living unit in a personal living quarters building is located in a dwelling unit or individual living unit where the occupant of that unit controls the heat delivery to other dwelling units or individual living units, the owner must provide each tenant with an emergency phone number to directly contact a person who has 24-hour access to adjust the heat and who will adjust the heat within 2 hours.

    (4)   Temperature control - hot water.  Water-heating facilities necessary to provide hot water required by this Chapter must be capable of heating water to a temperature that permits a sufficient amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees or more than 140 degrees Fahrenheit.  The supplied water-heating facilities must be capable of meeting applicable water heat requirements when heating facilities required under this Chapter are not operating.

  (f)   Temperature control – air conditioning in rental housing.

    (1)   For purposes of this subsection, rental housing has the meaning stated in Section 29-1, except that rental housing does not include:

      (A)   a detached single-family home; or

      (B)   a dwelling unit located on a site listed in the National Register of Historic Places.

    (2)   Except as provided in paragraph (3), between June 1 and September 30:

      (A)   Each owner of rental housing where the cooling is not under the control of the tenant must maintain a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at a distance of 3 feet above floor level.

      (B)   Each owner of rental housing where the cooling is under the control of the tenant must provide an air conditioning system capable of maintaining a temperature of no more than 80 degrees Fahrenheit (80° F.) in each habitable space at a distance of 3 feet above floor level.

      (C)   An owner of rental housing must provide a tenant an emergency phone number to directly contact a representative, with 24-hour access to adjust the thermostat, if the cooling system is incapable of maintaining the temperature required under paragraph (2)(A) and (2)(B) of this subsection.

    (3)   A landlord may apply for, and the Director may grant, an extension of up to six months to comply with the requirements of this Section if the Director finds that:

      (A)   the landlord must make electrical upgrades to the rental housing to comply with the requirements; and

      (B)   making the upgrades would cause financial hardship to the landlord.

    (4)   This subsection must not be construed to permit any violation of a fire safety requirement under Section 26-8(a).

  Sec. 3. Impairment of Leases.  This Act must not be construed to invalidate or impair a lease in effect on the effective date of the Act.

  Sec. 4. Financing.  The Executive must, subject to appropriation and applicable law, explore options to offer low-interest financing to landlords who need to upgrade their electrical systems to comply with the requirements of this Act.

**Sec. 26-8. Fire safety and security.**

  (a)   Fire safety - means of escape.

    (1)   Each dwelling unit, individual living unit, and rooming unit must have a safe, unobstructed means of escape leading to safe and open space at ground level, as required by Chapters 8 and 22.

    (2)   Each mobile home must have at least 2 exit doors which provide a means of unobstructed escape and are located at a sufficient distance from each other to assure safe escape from any part of the mobile home in a fire or emergency.  Each exterior mobile home door must:

      (A)   be constructed for exterior use;

      (B)   open outward;

      (C)   be capable of being opened from the inside by the use of a lever, knob, button, handle, or other device which does not require a key for operation from the inside; and

      (D)   provide a 26-inch wide clear opening, unless otherwise permitted as an emergency exit only.

    (3)   Each room in a mobile home designed expressly for sleeping purposes, unless it has an exit door, must have at least one outside window which:

      (A)   can be opened from the inside without using tools;

      (B)   has a clear opening of not less than 22 inches in the least dimension and 5 square feet in area, with the bottom of the opening not more than 4 feet above the floor; and

      (C)   if supplied with a screen or storm window, must have the screen or storm window readily removable without using a tool.

  (b)   Fire safety - smoke detectors.

    (1)   The owner of each occupied dwelling unit must provide smoke detectors in that dwelling unit as required by Section 22-96 and Section 17-37.

    (2)   Where an enforcing agency finds that smoke detectors have not been properly installed or maintained in working order, the agency must promptly report this fact to the Fire and Rescue Service or notify the nearest fire station.

  (c)   Doors off common areas, multi-family dwellings.  Any door in a multi-family dwelling which opens onto an exit access corridor must be self-closing and self-latching, and must have a minium 20-minute fire protection rating under the applicable fire safety provision.

  (d)   Security in multiple dwelling units and personal living quarters buildings.

    (1)   Each owner of a rental dwelling unit in any multiple dwelling or of a personal living quarters building must supply, install and maintain locks and other security measures for doors and windows.

    (2)   A person must not replace or alter any keyed lock, or place a new lock on the entrance of a dwelling unit, without first providing both the tenant and owner of that dwelling unit with a suitable functional key to operate the lock.  A tenant    must obtain permission from the owner, in writing, before installing a lock.

    (3)

      (A)   Every owner of a personal living quarters building or 2 or more contiguous rental dwelling units must alter the required deadbolt locks on all affected dwelling unit, personal living quarters, and individual living unit entrance doors between tenancies to protect against misuse of a master key or if the enforcing agency notifies the owner that the agency has reason to believe that a master key has been lost or stolen or is being used in the commission of a crime.

      (B)   The owner must restrict access to any master key, or any other key which operates more than one key cylinder.  Every master key must be accounted for at all times.  Master key records must be available for inspection by the enforcing agency or the police department during normal business hours.

    (4)   Door locks.

      (A)   Each swinging entrance and exit door to a personal living quarters building, individual living unit, or rental dwelling unit must have a deadbolt lock with a minimum one-inch throw, or another acceptable

        security device.  Security measures other than the manufacturer’s latch are not required for a door which only allows access to a balcony located at least 3 stories above the ground.

      (B)   Each sliding, double, french or paired exterior door less than 3 stories above the ground must be installed and maintained to protect the door from sliding or being pried out of its track, or forced open when locked.  One door of each sliding door structure must be stationary and secured in place by screws or pins.

    (5)   Viewers.  A viewer must be installed in each entrance or exit door to an individual living unit or rental dwelling unit, but a viewer need not be installed if a window, vision panel, or similar transparent device is located within 2 feet of the door and faces the external area in front of the door.

    (6)   Windows.  Each openable window in an exterior wall of a rental dwelling unit, personal living quarters building, or individual living unit that is located within reach of the ground or any adjacent surface must be constructed and maintained to protect it from being opened from the outside and from being pried out of its frame or track.

    (7)   Other locks required.  The owner of each multiple dwelling with rental dwelling units or personal living quarters building must lock any access panel to a roof, attic, crawl space, storage area, and any other area which is not used daily.

  (e)   Security in other rental dwelling units.  Each owner of any rental dwelling unit must supply, install, and maintain a lock for every door to the outside, and each door must close securely.  The owner must supply the tenant with a key which will operate the lock from the outside, and the lock must operate by a thumb turn from the inside.  A comparable lock may be substituted on any door with a thin frame.

  (f)   Address number.  Each dwelling must be numbered as required in Section 22-97.  Each individual unit in a dwelling must be numbered.

**Sec. 26-8A. Carbon monoxide alarm or detector required.**

  (a)   Applicability. The provisions of this Section apply to any occupied single-unit, two-unit, and townhouse unit, as defined in Chapter 59, for which a building permit was issued before January 1, 2008.

  (b)   Required.

    (1)   The owner of each occupied single-unit, two-unit, and townhouse dwelling unit containing a fuel burning appliance or attached garage must install carbon monoxide detection and warning equipment.

    (2)   Carbon monoxide alarms or detectors must be installed as follows:

      (A)   outside of each separate dwelling unit sleeping area and in the immediate vicinity of the bedrooms; and

      (B)   on every occupiable level of a dwelling unit, including basements, excluding attics and crawl spaces.

    (3)   A carbon monoxide alarm or detector must:

      (A)   be located on the wall, ceiling, or other location as specified in the manufacturer’s published instructions that accompany the unit; and

      (B)   be installed and maintained under NFPA 720.

  (c)   Equipment.

    (1)   Single station carbon monoxide alarms.

      (A)   A single station carbon monoxide alarm must be battery operated or must receive its primary power from the building wiring system.

      (B)   A plug-in device may satisfy this requirement if it is securely fastened to the structure and installed as directed by the manufacturer’s installation instructions.

      (C)   A hard wired or plug-in carbon monoxide alarm must be equipped with battery back-up.

    (2)   Combination smoke detector/carbon monoxide alarms.

      (A)   A carbon monoxide alarm may be combined with a smoke detector if the device complies with this Section, Section 22-96, and applicable State law.

      (B)   A combination smoke detector/carbon monoxide alarm must receive its primary power from the building wiring when that wiring is served from a commercial source, and when primary power is interrupted, must receive power from a battery.

      (C)   A combination smoke detector/carbon monoxide alarm must have permanent wiring.  The only disconnecting switch allowed is that which is required for over-current protection. Smoke alarm features of a combination smoke detector/carbon monoxide alarm must be interconnected.

  (d)   Exceptions. A dwelling unit that does not itself contain a fuel-burning appliance or have an attached garage, but is located in a building with a fuel-burning appliance or an attached garage, does not need to be equipped with a carbon monoxide alarm if:

    (1)   the sleeping unit or dwelling unit is located more than one story above or below any story which contains a fuel-burning appliance or attached garage;

    (2)   the sleeping unit or dwelling unit is not connected by ductwork or ventilation shafts to any room containing a fuel-burning appliance or to an attached garage; and

    (3)   the building is equipped with a common area carbon monoxide alarm system, which includes carbon monoxide detectors and audible notification appliances, installed and maintained in a manner that satisfies this Section and NFPA 720.

  (e)   Orders to install; penalty.

    (1)   If an enforcing agency finds that a dwelling unit does not have a carbon monoxide detector as required under this Section, the enforcing agency must order the owner to install a carbon monoxide alarm or detector under Section 26-12.

    (2)   Notwithstanding Section 26-16, a violation of this Section is a Class C violation.

**Sec. 26-9. Maintenance of dwelling units.**

  Unless otherwise stated, the owner of each dwelling or dwelling unit must assure compliance with the following standards at all times.  All installation, repair, and replacement must be performed in a workmanlike manner and with materials having properties and qualities substantially equal to or better than the original materials.

  (a)   Basic requirements.

    (1)   Each structure must be maintained in good repair.

    (2)   Each window, door, and hatchway must be maintained in sound working condition.

    (3)   In any renovation, addition or new construction of a dwelling or other structure on the premises, the owner must complete each exterior surface, including windows, wall siding, and roof within one year after the building permit was first issued, or within one year after construction started if no building permit was required.  This subsection does not apply to any dwelling containing more than 4 dwelling units.

    (4)   Each supplied facility, piece of equipment, or utility which is required under this Chapter must be constructed or installed so that it will function safely and effectively, and must be maintained in satisfactory working condition.

    (5)   Each owner of a multiple dwelling or personal living quarters building must maintain:

      (A)   the shared or common area of the land and buildings in clean and sanitary condition; and

      (B)   all equipment and facilities in laundry rooms and other shares spaces in clean condition and good working order.

    (6)   Each occupant of a dwelling, dwelling unit, or individual living unit must maintain in safe and sanitary condition that part of the dwelling, dwelling unit, individual living unit, and premises which the occupant occupies and control.

    (7)   An owner or occupant must not cause any service, facility, equipment, or utility which is required by this Chapter to be removed or discontinued for any occupied dwelling, except for a temporary interruption that is necessary while repairs or alterations are actually taking place, or during a temporary emergency when discontinuance of service is approved by an enforcing agency.  If a rental dwelling unit or individual living unit is not equipped with a separate meter for a utility, the owner must make sufficient utility payments to prevent the utility service from being discontinued.

    (8)   All rubbish and garbage must be stored and maintained in approved containers as required by Chapter 48. Rubbish and garbage must not remain outside of approved storage containers, or containment areas approved for bulk objects, for more than 24 hours.

      (A)   The owner must provide a sufficient number of containers for storage of rubbish and garbage to prevent overflow and must maintain the containers as required by Chapter 48.

      (B)   Each occupant of a dwelling, dwelling unit, or individual living unit must dispose of all rubbish and garbage in a clean and sanitary manner by placing it in appropriate containers as required by Chapter 48.

    (9)   Each occupant of a dwelling containing a single dwelling unit must exterminate any insects, rodents, or other vermin in or on the premises.  Each occupant of a dwelling unit or individual living unit in a dwelling containing more than one unit must exterminate if that unit is the only infested unit.  The owner must exterminate if the infestation:

      (A)   includes more than one unit or the shared or common areas of a dwelling, or

      (B)   was caused by the owner’s failure to maintain the dwelling in a rat-proof or reasonably insect-proof condition.

    (10)   The exterior surfaces of each structure and the interior surfaces of all common areas in each multi-family dwelling must be maintained free of graffiti, as defined in Section 32-12A.

    (11)   All water must be drained and conveyed from every roof and paved surface so it does not cause dampness in any wall, ceiling or floor.

    (12)   Each owner, after notice, must eliminate any condition which creates a public nuisance in a manner that will prevent the nuisance from reoccurring.

    (13)   A person must not store any unused vehicle on residential property for more than 30 days unless a person living in the household has received an extension under Section 26-17A.

  (b)   Exterior.

    (1)   Each foundation, floor, wall, ceiling, and roof must be reasonably weather-tight, water-tight, rodent-proof, free from foreign matter, and capable of affording privacy.

    (2)   Each window, exterior door, and hatchway must be reasonably weather-tight, water-tight, and rodent-proof.  Each occupant must hang all window screens unless the owner has agreed to do so.

    (3)   All exterior surfaces must be adequately protected from water seepage and against decay.  All exterior surfaces must be free of flaking, peeling, or loose paint.

    (4)   The owner must maintain the paved or gravel surface of each entry apron, driveway, sidewalk and walkway, parking lot, and patio in good, serviceable, and safe condition.

    (5)   Each lawn and other land not covered by a structure must be reasonably free of erosion or gullying.  Any grass or weeds must not be allowed to grow more than 12 inches high where required by Chapter 58.  Shrubbery, trees, vines, hedges, and other vegetation, including dead trees and branches, must be maintained so they do not pose a danger to health or safety.

      (A)   The owner of a multiple dwelling or personal living quarters, the owner of a vacant building, each occupant of a single-family dwelling, and any occupant of a dwelling unit in a multifamily dwelling who controls a lawn or yard area, must keep grass and weeds below any required height limit.

      (B)   The owner must keep the premises free of erosion or gullying and replace damaged ground cover.

      (C)   The owner must maintain shrubbery, trees, vines, hedges, and other vegetation.

    (6)   Each owner must direct any exterior lighting away from the windows of any adjacent dwelling unit or individual living unit.

  (c)   Interior.

    (1)   Each plumbing fixture and water and waste pipe must be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.  Each occupant of a dwelling unit or individual living unit must maintain all plumbing fixtures in the unit in a clean and sanitary condition and must exercise reasonable care in their use and operation.

    (2)   Each water closet compartment floor surface and bathroom floor surface must be constructed and maintained reasonably impervious to water and to permit the floor to be easily maintained in a clean and sanitary condition.

    (3)   All walls, ceilings, floors, interior woodwork, doors and windows must be maintained in sound condition and good repair, and free of flaking, peeling, or loose paint.  Only lead-free paint may be used.

    (4)   The owner of a rental dwelling unit or individual living unit must repaint the painted interior surfaces of the unit:

      (A)

        (i)   if after the third year of tenancy, the paint is stained, or is not intact and cleanable; and

        (ii)   this condition is not due to tenant abuse; and

      (B)   at least every 5 years.

      Any painting required under this subsection may be postponed for 5 years or until a change in occupancy, whichever occurs first, if an occupant certifies that all occupants do not want the unit to be painted at the scheduled time.

    (5)   All floor coverings must be in good repair and sanitary condition.

**Sec. 26-10. Maintenance of nonresidential property.**

  The owner of each nonresidential property, including any property converted from residential use, must comply with the following requirements:

  (a)   Grounds maintenance.  Each lawn or other land not covered by a structure must be properly maintained reasonably free of erosion, gullying, and missing ground cover.  All weeds and grass must be cut periodically, and must not grow more than 12 inches high when required by Chapter 58.  Lawns, shrubbery, trees, vines, hedges, dead trees or branches, and other vegetation must be maintained so they do not endanger public health or safety.

  (b)   Structure maintenance.  Each structure must be structurally sound and maintained in good repair.  Each surface exposed to the elements and susceptible to deterioration must be painted or provided with a suitable, weather-resistant protective coating sufficient to prevent deterioration.

  (c)   Exterior surfaces.  Each exterior surface and appurtenance, such as a wall, window, door, roof, canopy, step, walkway, planter box, or sign, must be maintained in good condition, with materials having properties and qualities substantially equal to the original materials, and substantially free from damage and deterioration.  Each exterior surface must be maintained free of flaking, peeling, or loose paint, and graffiti as defined in Section 32-12A.

  (d)   Rubbish and garbage.  All rubbish and garbage must be stored in approved containers as required by Chapter 48.  The owner and each tenant of a nonresidential structure are both responsible for providing sufficient rubbish and garbage containers to prevent overflow, and for maintaining the premises as required by Chapter 48.  Litter, rubbish, refuse, and garbage must not remain on the property outside of approved storage containers, or containment areas approved for bulk objects, for more than 24 hours.  An owner or tenant of any nonresidential property must not let trash, litter, or rubbish be carried to or deposited on any street, sidewalk or other public or private property.

  (e)   Paved surfaces.  The paved and gravel surfaces of each entry apron, driveway, sidewalk, and parking lot must be maintained in good, serviceable, and safe condition.

  (f)   Public nuisance.  Each owner, after notice, must eliminate any condition which creates a public nuisance in a manner that will prevent its reoccurrence.

**Sec. 26-11. Inspections; warrants; right of entry of inspectors and owners.**

  (a)   Inspection by agency.  An enforcing agency may inspect the condition of any dwelling, nonresidential structure, and other premises to safeguard the health and safety of occupants and the public.

  (b)   Administrative search warrant.  The enforcing agency may apply to a judge of the District Court or Circuit Court for an administrative search warrant to enter any premises regulated under this Chapter to conduct a code enforcement inspection.

  (c)   Application for warrant.  The applicant for the warrant must, in writing and under oath, particularly describe the premises to be searched and the nature, scope, and purpose of the proposed search.

  (d)   Grounds for issuance.  A judge may issue the warrant if the judge finds that:

    (1)   the applicant is authorized or required by law to make the inspection;

    (2)   the applicant has demonstrated that the inspection of the premises is sought:

      (A)   as a result of evidence of an existing violation of this Chapter or other law; or

      (B)   as a result of a general and neutral administrative plan to conduct fire inspections or a condition of a rental property license which authorizes periodic inspections;

    (3)   the owner, tenant, or other individual in charge of the property has denied access to the property, or after making a reasonable effort the applicant has been unable to contact any of these individuals for oral communication; and

    (4)   the inspection is sought for health, safety, and general welfare related purposes.

  (e)   Described premises.  An administrative search warrant issued under this Section must describe the premises to be searched.  The inspection must not exceed any limit specified in the warrant.

  (f)   Time period.  An administrative search warrant issued under this Section must be executed and returned to the judge who issued it not later than:

    (1)   the time specified in the warrant, which must not exceed 30 days; or

    (2)   if no time period is specified in the warrant, 15 days after it is issued.

  (g)   Information confidential.  Any information obtained under an administrative search warrant is confidential and must not be disclosed, except:

    (1)   in an administrative or judicial proceeding arising out of a violation relating to the purpose for which the warrant was issued and within the scope of the warrant; or

    (2)   to an owner or occupant of the premises.

  (h)   Access.  Each occupant of a dwelling or nonresidential structure must give the owner access to the dwelling or nonresidential structure at all reasonable times to make repairs or alterations or take other action necessary to comply with this Chapter or an order issued under this Chapter.

  (i)   Determination of lead agency.  When a violation of this Chapter also falls under the jurisdiction of another County department or office, the Chief Administrative Officer must determine which agency will investigate possible violations and enforce this Chapter.

**Sec. 26-12. Notice of violation; order to comply.**

  If an enforcing agency finds a violation of this Chapter, except for occupancy of a condemned dwelling or dwelling unit under Section 26-13(c), the enforcing agency may order action to be taken and, if it so orders, must notify the person responsible.  The notice and order must:

  (a)   be in writing;

  (b)   describe in general terms a remedial action which, if taken, will achieve compliance with this Chapter;

  (c)   specify a reasonable time to perform any required action;

  (d)   be served on the owner or occupant as the order requires.  A notice and order is properly served if:

    (1)   a copy is served personally;

    (2)   a copy is sent by certified mail to the last known address of the owner or occupant;

    (3)   a copy is posted in a conspicuous place on or near the dwelling affected by the notice; or

    (4)   the owner or occupant is served by any other method authorized by state law.

  (e)   also be sent to the Historic Preservation Commission if any affected building or structure:

    (1)   has been designated on the master plan for historic preservation as a historic site or a historic resource in a historic district, or

    (2)   is listed on the locational atlas and index of historic sites published by the Planning Board.

**Sec. 26-13. Designation of unfit dwellings and unsafe nonresidential structures; condemnation.**

  (a)   Standards for condemnation.  The enforcing agency may condemn as unfit for human habitation any individual living unit, dwelling, or dwelling unit or its premises, or as unsafe for human occupancy or use any nonresidential structures or its premises, which:

    (1)   is entirely or partly so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;

    (2)   lacks, entirely or party, illumination, ventilation, heating, water supply, or sanitation facilities, as required by this Chapter;

    (3)   is, because of its general condition, unsanitary or otherwise dangerous to the health or safety of the occupants or the public;

    (4)   contains unsafe equipment, including any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container, or other equipment, on the premises or in the structure which is in disrepair or a condition that the Director finds presents a hazard to the life, health, property, or safety of the occupants or the public;

    (5)

      (A)   is vacant and unoccupied for the purpose for which it was built;

      (B)   has remained substantially in that condition for at least one year; and

      (C)   has been cited for 5 or more violations of this Chapter, none of which has resulted in a ‘not guilty’ finding by a court; or

    (6)   is a public nuisance.

  (b)   Notice required.  The enforcing agency must attempt to notify the owner of each individual living unit, dwelling or dwelling unit, and nonresidential structure condemned for human habitation, occupancy, or use.  The enforcing agency also must post a warning placard on the property.

  (c)   Vacating condemned property.

    (1)   Any person occupying an individual living unit, dwelling, or dwelling unit when it is condemned as unfit for human habitation must vacate the condemned premises within a reasonable time ordered by the enforcing agency.

    (2)   Any person occupying or using a nonresidential structure when it is condemned as unsafe for human use or occupancy must vacate the building or structure immediately after a warning placard is posted.

    (3)   A person must not occupy or use, and an owner must not allow a person to occupy or use, an individual living unit, dwelling, dwelling unit, or nonresidential structure which has been condemned as unfit for human habitation or unsafe for human occupancy or use until the enforcing agency approves the occupancy or use and removes the placard.  The enforcing agency may remove the placard if all defects on which the condemnation was based have been eliminated.

  (d)   Removal of placard.  A person must not deface or remove a placard from any individual living unit, dwelling, dwelling unit, or nonresidential structure, except as authorized by the enforcing agency.

  (e)   Secure from entry.  Each owner of a condemned or abandoned structure must:

    (1)   secure all windows and doors which are accessible from the ground, from an adjacent structure, or by the reasonably foreseeable use of a ladder, table, or other device, and

    (2)   keep them secured against unauthorized entry.

**Sec. 26-14. Repair or removal of condemned buildings or structures.**

  (a)   Order of demolition.  If the owner of any building, structure, or premises condemned under this Chapter does not bring the building, structure, or premises into full compliance with this Chapter, or demolish and remove it, during the time specified by the enforcing agency in the order of condemnation or any extension, the enforcing agency may, after 30 days’ written notice to the owner, order the building or structure to be demolished, any excavation to be filled, and the property cleared so that it will be in a safe condition.

  (b)   Cost charged to owner.  The County may charge the cost of any action taken under subsection (a) to the owner of the property and collect it as taxes on real property or other debts are collected.  The charge is a lien on the property.

**Sec. 26-15. Severe conditions and corrective actions.**

  (a)   Severe conditions.  If the enforcing agency finds that immediate action is needed to protect the public health and safety as a result of a violation of this Chapter, Chapter 22, Chapter 8, or Chapter 17, the enforcing agency may, without notice, conference, or hearing, order the owner to correct or abate the violation.

    (1)   The order must be hand-delivered to the owner.  If the order cannot be hand- delivered, the order must be posted on the property in a conspicuous location on or near each dwelling or nonresidential structure affected by the order.

    (2)   If the owner does not abate or correct the violation as directed after the order is delivered or posted, the enforcing agency may take any action reasonably necessary to abate or correct the condition or may contract to have the necessary action taken.

    (3)   If an enforcing agency proposes to take any action under this subsection that would directly affect any building or structure which has been designated on the master plan for historic preservation as a historic site or a historic resource in a historic district, the enforcing agency must make its best effort to consult with the Chair of the Planning Board or the Chair’s designee before the enforcing agency removes the building or structure, substantially alters any exterior feature, or contracts to do either.

  (b)   Violation, affect on adjacent property.  If an enforcing agency finds that any violation of this Chapter affects neighboring properties or the health or safety of the occupants or the public, the enforcing agency may order necessary actions by notice and service under subsection (a).  If the actions are not taken in the time and manner prescribed, the enforcing agency may authorize an officer, agent or employee of the County, or a contractor, to execute the order.

  (c)   Costs charged to owner.  The owner is liable to the County for all reasonable and necessary costs the County incurs as a result of an action taken under subsection (a) or (b).  The costs constitute a debt owed the County and may be placed on the tax bill as a lien on the property and collected as ordinary taxes are collected, or collected as any other debt.

**Sec. 26-16. Penalty for violation of Chapter.**

  Any violation of this Chapter or any regulation issued under it is a class A violation.  Each day a violation exists is a separate offense.

**Sec. 26-17. Waivers.**

  (a)   Conditions for waiver.  An enforcing agency may waive any provision of this Chapter with respect to an owner occupied dwelling unit if:

    (1)   no violation presents an immediate danger to the health, safety, or welfare of an occupant of a dwelling or the public; and

    (2)

      (A)   the property owner is experiencing extreme financial hardship, has insufficient resources, and cannot obtain financing to rehabilitate the dwelling to comply with this Chapter;

      (B)   physical conditions of the site or other conditions beyond the owner’s control make it impossible to bring the dwelling into compliance with this Chapter; or

      (C)   legal or other unusual constraints, such as unclear title or a probate dispute, prevent or delay the owner from bringing the dwelling into compliance with this Chapter.

  (b)   Revocation of waiver.  An enforcing agency may revoke a waiver if:

    (1)   a danger to health, safety or welfare is presented or would be presented if the waiver continued; or

    (2)   the circumstances that justified the waiver change.

  (c)   Limit of waiver.  Nothing in this Section prevents the reasonable enforcement of this Chapter or alleviates the requirement to maintain each dwelling, dwelling unit, and nonresidential structure in as sanitary and healthful condition as possible.

**Sec. 26-17A. Unused vehicle storage extensions.**

  The Director may grant an owner or occupant of a residential property an extension to store an unused vehicle on residential property for more than 30 days for good cause shown.  Good cause may include:

  (a)   the owner of the vehicle is recovering from an illness or accident;

  (b)   the owner of the vehicle is on a foreign assignment for the United States Government;

  (c)   the owner demonstrates extreme financial hardship;

  (d)   suspension of the driver’s license of the owner of the vehicle; or

  (e)   historic vehicle restoration if the owner can show that the project will be complete in a definite period of time.

**Sec. 26-18. Regulations.**

  The County Executive may adopt regulations under method (2) to administer this Chapter and adopt standards for materials and equipment.

**Sec. 26-18A. Outreach on Quality of Life Issues.**

  The Executive must submit quarterly reports to the Council that includes activities, plans, and objectives of Executive branch departments to address instances in which an aggregation of problems has led to diminished quality of life for affected residents in an affected community. Contents of the annual report can include recommendations to increase enforcement of violations of County laws related to housing maintenance standards, parking, and solid waste disposal. Every quarterly report must include a section on accessory dwelling units. The accessory dwelling unit section must identify any problems and actions taken or planned actions to eliminate those problems. The Executive, or the Executive’s designee, must hold semiannual meetings with County residents to discuss these problems.

### Article Ii. Foreclosed Property Registry.

**Sec. 26-19. Foreclosed Property Registry Penalty.**

  (a)   Definitions. In this Section, the following words have the meanings indicated:

    Department means the Department of Housing and Community Affairs.

    Director means the Director of the Department.

    Foreclosed Property Registry means the internet-based Foreclosed Property Registry established by the State Department of Labor, Licensing, and Regulation as required by Section 14-126.1 of the Real Property Article of the Maryland Code.

    Foreclosure purchaser means the person identified as the purchaser on the report of sale required by Maryland Rule 14-305 for a foreclosure sale of residential property.

  (b)   Registration required. A foreclosure purchaser must submit any required registration to the Foreclosed Property Registry as required by Section 14-126.1 of the Real Property Article of the Maryland Code.

  (c)   Penalties. Any violation of this Article is a civil violation. The maximum penalty for a violation of this Article is $1,000 for an initial or repeat offense.

### Article Iii. Unmaintained Vacant Property.

**Sec. 26-20. Definitions.**

  In this Article, the following terms have the meanings indicated:

  Department means the Department of Housing and Community Affairs.

  Director means the Director of the Department or the Director’s designee.

  Fit for occupancy means ready for immediate occupancy as a residence.

  Occupied means the use of one’s dwelling as a residence on a regular basis.

  Public nuisance has the same meaning as in Section 26-2.

  Vacant dwelling means residential real property improved by a dwelling which is not occupied. A vacant dwelling includes a unit in a condominium. A dwelling is only a vacant dwelling if the Director determines that there is no resident for which an intent to return and occupy the dwelling can be shown. To determine whether a dwelling is vacant the Director must consider:

    (1)   past due utility notices and/or disconnected utilities;

    (2)   accumulated mail;

    (3)   no window covering;

    (4)   no furniture observable;

    (5)   open accessibility;

    (6)   deferred maintenance; and

    (7)   the dwelling is boarded up.

  Unmaintained vacant dwelling means a vacant dwelling not maintained as required by Chapter 26, Article 1.

**Sec. 26-21. Applicability.**

  This Article does not apply to any real property that is

  (a)   owned by:

    (1)   the government of the United States or its instrumentalities;

    (2)   the State of Maryland or its instrumentalities; or

    (3)   a foreign government or its instrumentalities;

  (b)   under active construction or undergoing active rehabilitation, renovation, repair, or demolition, or under a building permit to make the building fit for occupancy or to be demolished;

  (c)   for a period not to exceed 24 months, the subject of a probate proceeding or the title is the subject of litigation, including a foreclosure proceeding; or

  (d)   maintained as required by Chapter 26, Article 1.

**Sec. 26-22. Designation of unmaintained vacant dwellings; inspection.**

  (a)   The Director must identify unmaintained vacant dwellings throughout the County. The Director must notify the owner in writing that the owner’s dwelling has been designated as an unmaintained vacant dwelling and of the owner’s right to seek reconsideration of this designation and appeal the decision under Section 26-25.

  (b)   Inspections required.

    (1)   Inspections required. The Director must inspect every unmaintained vacant dwelling at least annually to ensure that:

      (A)   the dwelling complies with all applicable laws, including Chapter 26, Article I; and

      (B)   vacancy of the dwelling is not:

        (i)   detrimental to the public health, safety, and welfare;

        (ii)   a hazard to police officers or firefighters entering the dwelling in an emergency; or

        (iii)   a public nuisance.

    (2)   Additional inspections authorized. The Director may inspect an unmaintained vacant dwelling more often than annually to ensure compliance with this Article.

**Sec. 26-23. Exemptions.**

  (a)   The Director may grant an exemption from the requirement in Section 26-22 for any real property that is:

    (1)   in compliance with 26-22(a) and the property owner has been actively seeking in good faith to rent or sell the property if:

      (A)   the time period for sale or rent does not exceed 1 year from the initial listing, offer, or advertisement of sale or rent of a residential building; and

      (B)   the building has a valid certificate of occupancy;

    (2)   for a period not to exceed 12 months, the subject of a pending application for a necessary approval for development before the Planning Board, Board of Appeals, or Office of Zoning and Administrative Hearings; or

    (3)   for a period not to exceed 24 months, the subject of a probate proceeding.

  (b)   The cumulative time period that a vacant dwelling may be exempted from this Article must not exceed 3 years.

  (c)   An application for an exemption must be made on a form the Director prescribes.

  (d)   A person that believes the Director has incorrectly denied the person’s application for an exemption may appeal that decision under Section 26-25.

**Sec. 26-24. Fees; lien.**

  (a)   Fees. The County Executive must set one or more fees by regulation under Method (2). The fee must increase for larger numbers of inspections performed that the Director determines are necessary to ensure compliance with this Section.

  (b)   Lien. Any unpaid fee under this Article constitutes a lien on the property and may be collected in the same manner as taxes are collected.

**Sec. 26-25. Right to appeal.**

  (a)   Within 10 days after the Director sends written notice that an owner’s property has been designated as an unmaintained vacant dwelling, the owner may petition the Director for reconsideration by filing the form prescribed by the Director. Within 30 days after receiving the petition, the Director must issue a notice of final determination.

  (b)   Any person aggrieved by a designation or notice of final action of the Director under this Article may, within 15 days after the Director sends written notice of the action, appeal that action to the Circuit Court under the Maryland Rules of Procedure for judicial review of a final administrative agency decision. An appeal does not stay the Director’s action. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

**Sec. 26-26. Annual report.**

  By March 1 each year, the Director must submit to the County Executive and County Council a report on the Department’s activities related to unmaintained vacant dwellings. The report must include:

  (a)   the zip code of each property inspected during the prior calendar year;

  (b)   for each property inspected, a summary of violations by number found and number corrected;

  (c)   the number of citations issued to each property owner during the prior calendar year; and

  (d)   the amount of fees collected from each property owner during the prior calendar year.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 27. Human Rights and Civil Liberties.

### Article I. Commission on Human Rights.

#### Division 1. Discrimination in Public Accommodations.

**Sec. 27-10. Scope.**

  (a)   This division applies to every public accommodation of any kind in the County whose facilities, accommodations, services, commodities, or use are offered to or enjoyed by the general public either with or without charge, such as:

    (1)   restaurants, soda fountains, and other eating or drinking places, and all places where food is sold for consumption either on or off the premises;

    (2)   inns, hotels, and motels, whether serving temporary or permanent patrons;

    (3)   retail stores and service establishments;

    (4)   hospitals, health care institutions, domiciliary care homes, nursing homes, personal care homes, and clinics;

    (5)   motion picture, stage, and other theaters and music, concert, or meeting halls;

    (6)   circuses, exhibitions, skating rinks, sports arenas and fields, amusement or recreation parks, picnic grounds, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool rooms, and swimming pools;

    (7)   public conveyances, such as automobiles, buses, taxicabs, trolleys, trains, limousines, boats, airplanes, and bicycles;

    (8)   utilities, such as water and sewer service, electricity, telephone, and cable television;

    (9)   streets, roads, sidewalks, other public rights-of-way, parking lots or garages, marinas, airports, and hangars; and

    (10)   places of public assembly and entertainment of every kind.

  (b)   In this Chapter, “public accommodation” includes any service, program, or activity offered to or used by the general public.

  (c)   Except as provided in Section 27-11B, this division does not apply to accommodations that are distinctly private or personal.

**Sec. 27-11. Discriminatory practices – in general.**

  (a)   An owner, lessee, operator, manager, agent, or employee of any place of public accommodation in the County must not, with respect to the accommodation:

    (1)   make any distinction with respect to any person based on race, color, sex, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender expression, HIV status, or gender identity in connection with:

      (A)   admission;

      (B)   service or sales; or

      (C)   price, quality, or use of any facility or service;

    (2)   display, circulate or publicize or cause to be displayed, circulated or publicized, directly or indirectly, any notice, communication, or advertisement that states or implies:

      (A)   any distinction in the availability of any facility, service, commodity, or activity related to the accommodation that would violate paragraph (1), or

      (B)   that the patronage or presence of any person is unwelcome, objectionable, unacceptable, or not desired or solicited on account of any person's race, color, sex, marital status, religious creed, ancestry, national origin, disability, sexual orientation, gender expression, HIV status, or gender identity;

    (3)   retaliate against any person because that person:

      (A)   lawfully opposed any discriminatory practice under this division; or

      (B)   filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this division;

    (4)   assist in, compel, or coerce any discriminatory practice under this division;

    (5)   obstruct or prevent enforcement or compliance with this division; or

    (6)   attempt directly or indirectly to commit any discriminatory practice under this division.

  (b)   A person must not refuse to make any readily achievable modification that would give a person with a disability equal opportunity to use and enjoy the public accommodation.

**Sec. 27-11A. Discriminatory practices – specific protections for LGBTQ individuals in care facilities.**

  (a)   Legislative findings and statement of policy.

    (1)   The County has a goal to ensure that every resident can live without fear of discrimination based on sex—including on the basis of gender identity or sexual orientation. To achieve this goal the county will:

      (A)   protect LGBTQ community members from discrimination in all public facilities, including health and personal care facilities;

      (B)   ensure medical providers respect the gender identity and pronouns of all patients;

      (C)   strengthen access to care facilities for sexual minorities and all gender identities; and

      (D)   ensure that all public accommodations in Montgomery County adhere to non-discrimination laws.

    (2)   The County Council finds that ending and preventing harassment among LGBTQ individuals requires substantial coordination and cooperation among federal, state, and local governments, as well as private sector service providers and community organizations.

  (b)   Definitions. In this Section, the following terms have the meanings indicated.

    Care facility or facility means a place of public accommodation that provides direct personal care or health care to individuals, such as a hospital, clinic, nursing home, domiciliary care home, or personal care home.

    Harass includes requiring an individual to show identity documents to gain entrance to a restroom available to other individuals of the same gender identity.

  (c)   Discriminatory practices prohibited under Section 27-11 include when an owner, lessee, operator, manager, agent, or employee of any care facility in the County, based on an individual’s sexual orientation, gender identity, gender expression, or HIV status:

    (1)   denies admission to a facility, transfers or refuses to transfer the individual within a facility or to another facility, or discharges or evicts an individual from a facility;

    (2)   denies a request by individuals to share a room in a facility;

    (3)   if rooms are assigned by gender, assigns, reassigns, or refuses to assign a room to a transgender individual other than in accordance with the individual’s gender identity, unless at the individual’s request;

    (4)   prohibits an individual from using, or harasses an individual who seeks to use or does use, a restroom available to other individuals of the same gender identity, regardless of whether the individual is making a gender transition or appears to be gender-nonconforming;

    (5)   willfully and repeatedly uses an individual’s incorrect name or pronouns after being clearly informed of the correct name or pronouns;

    (6)   denies an individual the right to wear or be dressed in clothing, accessories, or cosmetics that are allowed for any other individual;

    (7)   restricts an individual’s right to associate with other individuals, including the right to consensual sexual relations, unless the restriction uniformly applies to all individuals in a nondiscriminatory manner;

    (8)   denies or restricts medical or nonmedical care; or

    (9)   provides medical or nonmedical care in a manner that, to a similarly situated reasonable individual, unduly demeans the individual’s dignity or causes avoidable discomfort.

  (d)   Notice requirements. A facility must post prominently, and must include with any materials that describe the facility’s nondiscrimination policies, a notice that:

    (1)   meets the requirements of subsection (e); and

    (2)   is in a form prescribed by the Director.

  (e)   The notice required under subsection (d) must include:

    (1)   a statement that the law prohibits discrimination, including bullying, abuse, or harassment, on the basis of:

      (A)   actual or perceived sexual orientation, gender identity, gender expression, or HIV status; or

      (B)   an association with another individual on account of that individual’s actual or perceived sexual orientation, gender identity, gender expression, or HIV status; and

    (2)   information about filing a complaint with the Commission on Human Rights.

**Sec. 27-11B. Gender-Inclusive Single-User Restrooms.**

  (a)   Definitions.  In this Section, the following terms have the meanings indicated:

    Gender-inclusive signage means a sign or display identifying a restroom that does not indicate a specific gender or contains descriptive language, such as “restroom”, “bathroom”, or “toilet”, or a picture or icon indicating the restroom’s availability for use by any individual regardless of gender or gender identity. A gender-inclusive signage may include a picture or icon of a toilet.

    Place of public accommodation has the meaning stated in Section 27-10.

    Public single-user restroom means a single-occupancy restroom for public use with at least one toilet and an entry door that can be locked from the inside by the occupant. A public single-user restroom does not include a private restroom in a residence, hospital, inn, hotel, motel, or restrooms that are only accessible from a private room or office.

  (b)   Gender-inclusive public single-user restroom – required.  A public single-user restroom, existing or newly built, in a place of public accommodation or County-owned building, must be:

    (1)   made available for use by individuals of any gender; and

    (2)   identified with gender-inclusive signage.

  (c)   Enforcement and Penalties.

    (1)   Who may enforce.  The following have the authority to enforce this Section:

      (A)   The Department of Permitting Services;

      (B)   The Department of Health and Human Services; and

      (C)   any other agency designated by the Chief Administrative Officer.

    (2)   A person authorized to enforce this Section must not issue a citation unless the violation still exists 30 days after an initial notice of violation.

    (3)   A violation of this Section is a Class A violation.

#### Division 2. Discrimination in Real Estate.

##### Subdivision A. Discrimination in Housing

**Sec. 27-12. Discriminatory housing practices.**

  (a)   A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:

    (1)   refuse, or refuse to negotiate, to sell, broker, appraise, lease, sublease, rent, assign, or otherwise transfer the title, leasehold, or other interest in any housing;

    (2)   represent that housing is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when it is available;

    (3)   otherwise deny or withhold any housing from any person;

    (4)   include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of any housing, any clause, condition, or restriction discriminating against any person in the use or occupancy of that housing; or

    (5)   discriminate in the furnishing of any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy of any person.

  *(b)   A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age, discriminate in:

    (1)   lending or brokering money;

    (2)   guaranteeing, servicing, or purchasing loans;

    (3)   accepting a deed of trust or mortgage;

    (4)   making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of any housing;

    (5)   fixing the rates, terms, conditions, or provisions of any financial assistance; or

    (6)   extending any other service in connection with housing finance.

  (b)    A lending institution must not because of race, color, religious creed, ancestry, national origin, sex marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, or age, discriminate in:

    (1)   lending money;

    (2)   guaranteeing loans;

    (3)   accepting a deed of trust or mortgage;

    (4)   making available funds for the purchase, acquisition, construction, alteration, rehabilitation, repair, or maintenance of any housing;

    (5)   fixing the rates, terms, conditions, or provisions of any financial assistance; or

    (6)   extending any other service in connection with housing finance.

  *(c)   Without limiting the general application of Subsection (b), a person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:

    (1)   Engage in steering, which means:

      (A)   restricting or attempting to restrict a person’s choices because of factors other than a person’s income or credit level in connection with seeking, negotiating, buying, or renting a dwelling, including seeking a mortgage loan for a dwelling;

      (B)   discouraging a person from a particular mortgage loan with more favorable terms if the person may qualify for that particular mortgage loan;

      (C)   directing a person away from a housing or mortgage loan product, program, or service with more favorable terms if the person may qualify for that particular product, program, or service; or

      (D)   offering less favorable mortgage loan terms than would otherwise be offered;

    (2)   Make available a mortgage loan which:

      (A)   includes the financing of single premium credit life insurance;

      (B)   provides for excessive upfront points, excessive fees, or excessive prepayment penalties; or

      (C)   provides compensation paid directly or indirectly to a person from any source.

  (d)

    (1)   A person must not:

      (A)   publish or circulate, or cause to be published or circulated, any housing notice, statement, listing, or advertisement;

      (B)   announce a policy, or use any form of application for the purchase, lease, rental, or financing of any housing; or

      (C)   make any record or formal business inquiry in connection with the prospective purchase, lease, rental, or financing of any housing;

  indicating that race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age could influence or affect any act described in subsections (a), (b), and (c).*

    (2)   This subsection does not prohibit:

      (A)   use of a logo or other means of advertising that housing is suitable or adapted to use by persons with a disability; or

      (B)   keeping records or making reports required by federal, State, or County law.

  (e)   A person must not:

    (1)   assist in, compel, or coerce any discriminatory practice under this subdivision,

    (2)   obstruct or prevent enforcement or compliance with this subdivision, or

    (3)   attempt directly or indirectly to commit any discriminatory practice under this subdivision.

  (f)   A person must not:

    (1)   directly or indirectly induce or attempt to induce any person to transfer an interest in any housing by representations regarding the existing or potential proximity of real property owned, used, or occupied by any person of any particular race, sex, color, religious creed, ancestry, national origin, disability, source of income, sexual orientation, gender identity, age, the presence of children, or family responsibilities.

    (2)   promote, induce, influence, or attempt to promote, induce, or influence by the use of postal cards, letters, circulars, telephone, visitation, or any other means, directly or indirectly, a property owner, occupant, or tenant to list for sale, sell, remove from, lease, assign, transfer, or otherwise dispose of any housing having the effect of inciting neighborhood unrest or community tension in any street, block, neighborhood, or any other area by referring to the race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age of actual or anticipated neighbors, tenants, or other prospective buyers or occupants of any housing.

    (3)   make or cause another person to make a statement or in any other manner attempt to incite neighborhood unrest or community tension in any street, block, neighborhood, or any other area to obtain a listing of any housing for sale, rental, assignment, transfer, or other disposition by referring to the race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age of actual or anticipated neighbors, tenants, or other prospective buyers or occupants of any housing where the statement is false or materially misleading or where there is insufficient basis to judge its truth or falsity to warrant making the statement.

    (4)   make any representation to any prospective purchaser or lessee that any housing in a particular block, neighborhood, or area may undergo, is undergoing, or has undergone a change with respect to racial, color, religious, nationality, presence of children, family responsibilities, source of income, disability, sex, sexual orientation, gender identity, age, or ethnic composition.

    (5)   place a sign or other display either purporting to offer for sale, lease, assignment, transfer, or other disposition, or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer, or otherwise dispose of any housing that is not in fact available or offered for sale, lease, assignment, transfer, or other disposition.

    (6)   induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, sex, color, religious creed, ancestry, national origin, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age in the area will or may result in:

      (A)   lower property values;

      (B)   increased criminal or antisocial behavior in the area; or

      (C)   a decline in quality of the schools serving the area.

    (7)   induce or attempt to induce the sale or listing for sale of any housing by representing that the presence or anticipated presence of persons of any particular race, sex, color, religious creed, ancestry, sexual orientation, gender identity, presence of children, family responsibilities, source of income, or national origin in the area will or may result in a change in the racial, color, religious, age, nationality, or ethnic composition of the block, neighborhood, or area where the property is located.

  (g)   A person must not retaliate against a person for:

    (1)   lawfully opposing any discriminatory practice under this subdivision, or

    (2)   filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this subdivision.

  (h)   A person, must not because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age deny any other person:

    (1)   access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of buying, selling, or renting housing in the County, or

    (2)   discriminate against any person in the terms or conditions of the access, membership, or participation in any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of buying, selling, or renting housing.

  (i)   A person must not discriminate against a person with a disability in the sale or rental of housing such as by:

    (1)   refusing to allow a person with a disability to make reasonable modifications to existing premises that the person does or would occupy, despite the person’s willingness and ability to pay for the modifications, and reasonably restore any interior modification upon vacating, if the modifications are necessary to provide full enjoyment of the premises; or

    (2)   refusing to make reasonable accommodations necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.

**Sec. 27-13. Posting of notices; reports.**

  (a)    A notice prepared by the Commission, summarizing this subdivision and explaining how to file a complaint, must be posted in a conspicuous place by:

    (1)   each real estate broker, real estate salesperson, real estate appraiser, and lending institution where the terms of a sale, lease, or appraisal of real estate is normally negotiated; and

    (2)   each person who operates a multi-unit residential building that contains more than 2 dwelling units where the rental of a dwelling unit is normally negotiated.

  (b)    A real estate broker, real estate salesperson, or person who owns or manages a building containing 2 or more rental dwelling units must submit to the Commission whatever reports relating to housing under the person's control that the Commission decides is  necessary to carry out this subdivision. A person must not provide false information in a report. The identity of persons and housing contained in reports submitted under this Section must be confidential.

  (c)    Every person subject to subsection (b) must prepare and retain for a period of 120 days from the date of submission to them all applications for rental of housing and any other records that Commission regulations require for filing reports under subsection (b).

  (d)    A violation of this section is a class A violation. Each month that a violation continues to exist constitutes a separate offense. The Commission is responsible for enforcing this section.

**Sec. 27-14.  Applicability of division.**

  (a)    This division does not apply to:

    (1)   The rental or leasing of a part of a dwelling in which the owner is residing; provided, that the dwelling must continue to be used by the owner thereof as a bona fide residence for the owner and any member of the owner’s family; provided further, that the dwelling does not contain more than two (2) rental or leasing units.

    (2)   The rental or leasing of a dwelling by any religious corporation, association, or society to a person of a particular religion whose rental or leasing therein is connected with the carrying on by such corporation, association, or society of its purely religious activities.

  (b)    The prohibitions in this division against discriminating on account of age, the presence of children, or family responsibilities do not apply to any:

    (1)   Housing for the elderly that is required by federal, state, county, or municipal law to restrict occupancy to individuals of a minimum age and other members of their household over 18 years old;

    (2)   Housing whose declaration, bylaws, charter, or other incorporating documents restrict that housing to occupancy by individuals 62 years old or older and other members of their household over 18 years old;

    (3)   Retirement community located in a planned retirement community zone as defined in section 59-C-7.4;

    (4)   Housing that the Commission finds limited occupancy to adults on or before February 5, 1984; and

    (5)   Housing, subsidized in whole or in part by the county, that provides:

      (A)   Housing for adults and children who are undergoing a transition in their lives because of a change in their family relationships;

      (B)   Child care services;

      (C)   Career guidance; and

      (D)   Counseling services.

  (c)    The provisions of this division do not require a person to:

    (1)   Violate or contribute to the violation of laws restricting the occupancy of a dwelling unit to a maximum number of people; or

    (2)   Enter into a contract with a person under the age of eighteen (18) years.

  (d)    The prohibitions in this division against discriminating because of source of income do not prohibit:

    (1)

      (A)   a commercially reasonable verification of a source and amount of income, or

      (B)   a commercially reasonable evaluation of the stability, security, and creditworthiness of any source of income; or

    (2)

      (A)   except as provided in Section 27-15A, the eviction of or refusal to rent to any person because of that person or a family member's drug-related criminal activity or violent criminal activity, or

      (B)   the refusal to consider income derived from any criminal activity.

**Sec. 27-15. Licensing and licensing authorities.**

  (a)    Whenever it appears that the holder of a license or franchise issued by any agency or authority of the state or county is a person found to be after proper hearing in violation of this division, the commission may take such action it deems advisable or desirable, notwithstanding any other action it may take or may have taken under the authority of this division, and may refer to the proper licensing agency or authority the facts and identities of all persons involved in that finding for such action as the agency or authority in its judgment considers appropriate based upon the facts thus disclosed to it.

  (b)    Nothing in this division shall be deemed to relieve any agency or authority of the state or county of its obligation to take immediate and independent action regarding a matter filed with it that also may be the subject of a complaint filed with the commission.

  (c)    If a complaint is filed against a person licensed by the state real estate commission and the Director finds that reasonable grounds exist to believe the law has been violated, the Director must promptly transmit a copy of the Director’s findings and the complaint to the real estate commission for such action as the commission considers appropriate. The Director must promptly forward to the real estate commission the final disposition of any  complaint previously forwarded to the commission.

(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.

**Sec. 27-15A. Fair criminal history and credit screenings in rental housing.**

  (a)   Definitions. As used in this Section:

  Applicant means a person who applies to lease or rent housing in the County. Applicant includes any person who resides or will reside with a person who applies to lease or rent housing in the County.

  Arrest record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime.

  Conditional offer means an offer of housing conditioned solely on:

    (1)   the results of an inquiry into the applicant’s criminal record; or

    (2)   another contingency expressly communicated to the applicant at the time of the offer.

  Conviction record means information regarding a sentence arising from a verdict or plea of guilty or nolo contendre, including a sentence of incarceration, a fine, a suspended sentence, and a sentence of probation.

  Criminal record report means a record of a person’s arrest and conviction history obtained from any source.

  Housing provider means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity offering to sell, rent, or provide housing in the County. Housing provider includes the County government, but does not include the United States, any State, or any other local government. Housing provider does not include a lessor of property under Section 27-14(a) or a lessor of an accessory dwelling unit.

  Inquiry or inquire means any direct or indirect conduct intended to gather information, using any mode of communication. Inquiry or inquire does not include a question about an applicant’s conviction record or arrest record when the existence of the record is disclosed by the applicant voluntarily and not in response to a question.

  Pending criminal accusation means an existing written accusation that an individual has committed a crime, in the form of an indictment or information under the Criminal Procedure Article of the Maryland Code.

  (b)   Transparency of criminal history and credit requirements in rental applications.

    (1)   A housing provider must disclose in any rental application:

      (A)   the processes the provider uses to inquire into the criminal history and credit history of an applicant; and

      (B)   requirements of the provider regarding an applicant’s credit history and criminal record report.

    (2)   The housing provider must not alter the processes and requirements under paragraph (1) for an applicant whose application is pending.

    (3)   A housing provider must retain for one year from the date of the rental application a copy of each applicant’s completed statement or addendum as required under Section 29-28(h)(2) that details the process under paragraph (1). Upon request, the addendum may be subject to inspection and review by the Director of the Office of Human Rights.

  (c)   Criminal records inquiry on application. A housing provider must not require an applicant to disclose on a rental application the existence or details of the applicant’s arrest record or conviction record.

  (d)   Preliminary inquiry into criminal record. A housing provider must not, at any time before the extension of a conditional offer to the applicant:

    (1)   require the applicant to disclose whether the applicant has an arrest record or conviction record, or otherwise has been accused of a crime;

    (2)   conduct a criminal record check regarding the applicant; or

    (3)   inquire of the applicant or others about whether the applicant has an arrest record or conviction record or otherwise has been accused of a crime.

  (e)   Prohibition against inquiry into certain criminal records. A housing provider must not at any time require an applicant to disclose, conduct a criminal record check solely to determine, or otherwise inquire of the applicant or others, whether:

    (1)   the applicant has been arrested for, or has an arrest record for, a matter that did not result in a conviction; or

    (2)   the applicant has an arrest record or a conviction record for, or otherwise has been accused of:

      (A)   trespass under §§ 6-402 or 6-403 of the Criminal Law Article of the Maryland Code;

      (B)   theft as a misdemeanor under § 7-104 of the Criminal Law Article of the Maryland Code;

      (C)   a refusal or failure to leave public buildings or grounds under § 6-409 of the Criminal Article of the Maryland Code;

      (D)   indecent exposure under § 11-107 of the Criminal Article of the Maryland Code;

      (E)   public urination under § 32-17-A of this Code;

      (F)   an open container violation under § 10-125 of the Criminal Law Article of the Maryland Code;

      (G)   possession of marijuana as a misdemeanor or civil violation under Title 5 of the Criminal Article of the Maryland Code;

      (H)   a first conviction of disturbance of the peace or disorderly conduct under § 10-201 of the Criminal Law Article of the Maryland Code;

      (I)   a vehicle law violation under the Transportation Article of the Maryland Code;

      (J)   except as provided in subsection (g), a conviction of a misdemeanor if at least 2 years have passed since:

        (i)   the date of the conviction; and

        (ii)   the date that any period of incarceration for the misdemeanor ended; or

      (K)   a matter for which records:

        (i)   are confidential under § 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code; or

        (ii)   have been expunged under §§ 10-101 – 10-110 of the Criminal Procedure Article of the Maryland Code.

  (f)   Consideration of Certain Records Prohibited. Except as provided in subsection (g), a housing provider must not base a rental decision upon any item in an arrest record or a conviction record described under subsection (e).

  (g)   Consideration of Sex Crimes Permitted. A landlord may:

    (1)   inquire into a pending criminal accusation or a conviction record for:

      (A)   a crime of a sexual nature under Title 3 of the Criminal Law Article of the Maryland Code; or

      (B)   a violation of Sections 11-102, 11-103, 11-104, 11-305, or of Title 11, Subtitle 3, of the Criminal Law Article of the Maryland Code;

    (2)   inquire into an applicant’s presence on a sex offender registry; and

    (3)   base a rental decision upon a pending criminal accusation or a conviction record under paragraph (1) of this subsection, or upon an applicant’s presence on a sex offender registry.

  (h)   Rescission of a conditional offer based on criminal record.

    (1)   If a housing provider intends to rescind a conditional offer based on an item or items in the applicant’s criminal record report, before rescinding the conditional offer the provider must:

      (A)   provide the applicant with a copy of any criminal record report;

      (B)   notify the applicant of the intention to rescind the conditional offer and the items that are the basis for the intention to rescind the conditional offer; and

      (C)   delay rescinding the conditional offer for 7 days to permit the applicant to give the housing provider notice of inaccuracy of an item or items on which the intention to rescind the conditional offer is based.

    (2)   If a housing provider decides to rescind a conditional offer based upon the criminal record report of an applicant, the provider must notify the applicant of the rescission of the conditional offer in writing.

  (i)   Retaliation. A housing provider must not:

    (1)   retaliate against any person for:

      (A)   lawfully opposing any violation of this Section; or

      (B)   filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Section; or

    (2)   obstruct or prevent enforcement or compliance with this Section.

  (j)   A person aggrieved by an alleged violation of this Section may file a complaint with the Director of the Officer of Human Rights under Section 27-7.

  (k)   The County Executive:

    (1)   may adopt Method (2) regulations to implement the provisions of this Section; and

    (2)   must endeavor to inform prospective applicants and housing providers of their rights and responsibilities under this Section.

  (l)   Exemption. The prohibitions and requirements of this Section do not apply if the inquiries prohibited by this Article are expressly required by an applicable federal or State law or regulation.

  (m)   Posting of disclosure notice - required.

    (1)   A housing provider must post a disclosure statement regarding an application for rental housing:

      (A)   on a website operated and controlled by the housing provider; and

      (B)   in an obvious and conspicuous place of a leasing office available for tenants.

    (2)   The disclosure statement under this subsection must read: “In accordance with Section 27-15A of the Montgomery County Code, a housing provider may not ask questions related to criminal arrest or a conviction before a conditional offer for rent is made to an applicant unless otherwise permitted by law.”

  (n)   Inspection of rental application. Each quarter during a calendar year, the Director must randomly conduct an inspection of completed rental applications submitted by an applicant to a landlord for any licensed rental building that has 10 or more units to ensure compliance with this Chapter. Failure of an owner to provide the dated and signed rental application with its contents for review may be considered a violation of this Chapter.

  (o)   Annual reporting. By October 1 of each year, the Director of Office of Human Rights, must coordinate with the Director of Department of Housing and Community Affairs, to provide an annual report to the County Council that includes disaggregated data on the following:

    (1)   the number of complaints received by the Office of Human Rights regarding the denial of a rental application by a housing provider;

    (2)   the specific reason an application under paragraph (1) was denied;

    (3)   the number of complaints filed with the Office of Human Rights for failure to comply with this Section;

    (4)   the number of complaints filed under this Section compared to other types of discriminatory complaints received by the Office of Human Rights;

    (5)   summary findings of the inspections performed under subsection (n); and

    (6)   any other related data pertinent to this Act.

##### Subdivision B. Discrimination in Commercial Real Estate.

**Sec. 27-16. Discriminatory practices in commercial real estate.**

  (a)   A person must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, gender identity, or age:

    (1)   refuse or refuse to negotiate to sell, lease, sublease, rent, assign, or otherwise transfer commercial real estate;

    (2)   represent that commercial real estate is not available for inspection, sale, lease, sublease, rental, assignment, or other transfer when it is available;

    (3)   deny or withhold commercial real estate from any person;

    (4)   include in the terms, conditions, or privileges of any sale, lease, sublease, rental, assignment, or other transfer of commercial real estate any clause, condition, or restriction discriminating against any person in the use or occupancy of the real estate; or

    (5)   discriminate in furnishing any facilities, repairs, improvements, or services, or in the terms, conditions, privileges, or tenure of occupancy.

  (b)   A lending institution must not, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, gender identity, or age:

    (1)   discriminate in lending money, guaranteeing loans, accepting a deed of trust or mortgage, or otherwise making available funds to acquire, construct, alter, rehabilitate, repair, or maintain commercial real estate; or

    (2)   discriminate in fixing the rates, terms, conditions, or provisions of financial assistance, or in extending service in connection with financial assistance.

  (c)   A person must not because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:

    (1)   publish or circulate, or cause to be published or circulated, any commercial real estate notice, statement, listing, or advertisement;

    (2)   announce a policy, or use any form of application for the purchase, lease, rental, or financing of commercial real estate; or

    (3)   make any record or formal business inquiry in connection with the prospective purchase, lease, rental, or financing of any commercial real estate.

This subsection does not prohibit the use of a logo or other means of advertising that any commercial real estate is suitable or adapted to use by persons with a disability.

  (d)   A person must not:

    (1)   assist in, compel, or coerce any discriminatory practice prohibited by this subdivision,

    (2)   obstruct or prevent enforcement or compliance with this subdivision, or

    (3)   attempt directly or indirectly to commit any discriminatory practice.

  (e)   A person must not:

    (1)   induce or attempt to induce, by direct or indirect methods, any person to transfer commercial real estate by representations regarding the existing or potential proximity of real estate owned, used, or occupied by any person of any particular race, color, religious creed, ancestry, national origin, sex, marital status, disability, sexual orientation, gender identity, age, the presence of children, or family responsibilities;

    (2)   represent to any prospective purchaser or lessee that any commercial real estate in a particular area may undergo, is undergoing, or has undergone a change with respect to racial, color, religious creed, ancestry, nationality, marital status, disability, presence of children, family responsibilities, sex, sexual orientation, gender identity, ethnic composition, or age of occupants of the area; or

    (3)   place a sign or other display either purporting to offer for sale, lease, assignment, transfer, or other disposition, or tending to lead to the belief that a bona fide offer is being made to sell, lease, assign, transfer, or otherwise dispose of any commercial real estate that is not in fact available or offered for sale, lease, assignment, transfer, or other disposition, because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, sexual orientation, gender identity, or age.

  (f)   A person must not retaliate against any person for:

    (1)   lawfully opposing any discriminatory practice under this subdivision; or

    (2)   filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this subdivision.

  (g)   A person must not because of race, color, religious creed, ancestry, national origin, sex, marital status, disability, presence of children, family responsibilities, source of income, sexual orientation, gender identity, or age:

    (1)   deny any other person access to or membership or participation in any multiple- listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of buying, selling, or renting commercial real estate; or

    (2)   discriminate against any person in the terms or conditions of the access, membership, or participation in any multiple-listing service, real estate brokers’ organization, or other service, organization, or facility relating to the business of buying, selling, or renting commercial real estate.

**Sec. 27-17. Exemptions.**

  (a)    Section 27-16A does not apply to religious institutions or organizations or charitable or educational organizations operated, supervised, or controlled by religious institutions or organizations which give preference to members of the same religion in a real estate transaction, as long as membership in such religion is not restricted by race, color, sex, or national origin.

  (b)    In the case of age, the following is not an unlawful practice:

    (1)   Inquiring about a person's age to determine a pertinent element of credit-worthiness;

    (2)   Using empirically derived credit systems that consider age if such systems are based on statistically sound data;

    (3)   Offering credit life insurance or credit disability insurance, in conjunction with any mortgage loan, to a limited age group;

    (4)   Refusing to grant a mortgage loan to a person under the age of eighteen (18) years.

**Sec. 27-18. Enforcement.**

  (a)    If the Director, with respect to a violation of this subdivision, (1) does not conciliate a complaint after the parties have, in good faith, attempted conciliation, (2) does not effect an assurance of discontinuance or settlement agreement, or (3) finds that a complaint is not susceptible of conciliation, in addition to the authority provided in Section 27-7, the Director may (1) transmit the matter to the County Attorney for appropriate legal action, or (2) advise the complainant of the complainant's right to take appropriate legal action.

  (b)    Nothing in this subdivision prevents any person from exercising any right or seeking any remedy to which that person is otherwise entitled, or from filing any complaint with any other agency or court. If an action involving the same parties is pending before any other agency or court, the commission must advise the complainant to incorporate the allegations of the complaint in the previous action where appropriate.

(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.

#### Division 3. Discrimination in Employment.

**Sec. 27-19. Discriminatory employment practices.**

  (a)    A person must not because of the race, color, religious creed, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, family responsibilities, or genetic status of any individual or disability of a qualified individual, or because of any reason that would not have been asserted but for the race, color, religious creed, ancestry, national origin, age, sex, marital status, disability, sexual orientation, gender identity, family responsibilities, or genetic status:

    (1)   For an employer:

      (A)   fail or refuse to hire, fail to accept the services of, discharge any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment; or

      (B)   limit, segregate, or classify employees in any way that would deprive or tend to affect adversely any individual’s employment opportunities or status as an employee; or

      (C)   subject an individual to harassment, including sexual harassment;

    (2)   For an employment agency: fail or refuse to refer for employment, assign job classifications to, classify or refer for employment, or otherwise discriminate against, any individual;

    (3)   For a labor organization:

      (A)   exclude or expel from its membership, or otherwise discriminate against any individual;

      (B)   limit, segregate, or classify its membership or classify, or fail or refuse to refer for employment, any individual in any way that would deprive or tend to deprive any individual of equal employment opportunities, or affect adversely the individual's employment opportunities or status as an employee or as an applicant for employment; or

      (C)   cause or attempt to cause an employer to discriminate against an individual in violation of this section; or

    (4)   For an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training programs: discriminate against any individual in admission to, or employment in, any program established to provide apprenticeship or other training.

  (b)   Definitions.

    (1)   The term “discriminate” in subsection (a) includes excluding, or otherwise denying, equal job opportunity or benefits to, a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.

    (2)   The term “harassment” in subsection (a) includes verbal written, or physical conduct, whether or not the conduct would be considered sufficiently severe or pervasive under precedent applied to harassment claims, when:

      (A)   the conduct is based upon an individual’s race, color, religious creed, ancestry, national origin, age, sex, marital status, sexual orientation, gender identity, family responsibilities, genetic status, or disability;

      (B)

        (i)   submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

        (ii)   submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or

        (iii)   the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating a working environment that is perceived by the victim to be abusive or hostile; and

      (C)   a reasonable victim of discrimination would consider the conduct to be more than a petty slight, trivial inconvenience, or minor annoyance.

    (3)   The term “sexual harassment” in subsection (a) includes unwelcome sexual advances, requests for sexual favors, or other verbal, written, or physical conduct of a sexual nature, whether or not the conduct would be considered sufficiently severe or pervasive under precedent applied to harassment claims, when:

      (A)

        (i)   submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

        (ii)   submission to or rejection of the conduct is used as a basis for employment decisions affecting the individual; or

        (iii)   the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating a working environment that is perceived by the victim to be abusive or hostile; and

      (B)   a reasonable victim of discrimination would consider the conduct to be more than a petty slight, trivial inconvenience, or minor annoyance.

  (c)   A person must not:

    (1)   retaliate against any person for:

      (A)   lawfully opposing any discriminatory practice prohibited under this division; or

      (B)   filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this division;

    (2)   assist in, compel, or coerce any discriminatory practice prohibited under this division;

    (3)   obstruct or prevent enforcement or compliance with this division; or

    (4)   attempt directly or indirectly to commit any discriminatory practice prohibited under this division.

  (d)

    (1)   Except as provided in paragraph 2, a person must not print, publish, or cause to be printed or published, any notice or advertisement indicating any preference, limitation, or specification based on race, color, religious creed, ancestry, national origin, age, sex, marital status, disability, sexual orientation, gender identity, family responsibilities, or genetic status relating to:

      (A)   employment by an employer;

      (B)   membership in or any classification or referral for employment by a labor organization; or

      (C)   any classification or referral for employment by an employment agency.

    (2)   This subsection does not prohibit a notice or advertisement from indicating a preference, limitation, or specification that is a bona fide occupational qualification for employment reasonably necessary to the normal operation of the particular business or enterprise.

  (e)    Notwithstanding any other provision of this division, it is not an unlawful employment practice:

    (1)   for an employer to hire and employ employees, for an employment agency to classify or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining programs, to admit or employ any individual in any program, on the basis of race, color, religious creed, age, sex, marital status, national origin, ancestry, disability, sexual orientation, gender identity, family responsibilities, or genetic status based on a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise;

    (2)   for a religious corporation, association, or society to hire and employ employees of a particular religion; or

    (3)   for an employer to deny employment on the basis of religious creed if the observance, practice, or belief cannot be reasonably accommodated by an employer without causing undue hardship on the conduct of the employer's business.

  (f)    Notwithstanding any other provision of this division, it is not unlawful for any employer to observe the terms of a bona fide seniority system or any bona fide employee benefit plan, such as a retirement, pension, or insurance plan, that is not a subterfuge to evade the provisions and purposes of this division, except that an employee benefit plan must not excuse an employer's failure to hire any qualified person.

  (g)

    (1)

      (2)   Except as provided in paragraph (2), an employer must not discharge or in any other manner discriminate or retaliate against an employee because the employee:

      (A)   has inquired about, discussed, or disclosed the wages of the employee or another employee; or

      (B)   asserts any right under this subsection.

    (2)   The prohibition against retaliation for wage disclosure under paragraph (1) does not apply to an employee who has access to wage information of other employees or applicants as part of the employee’s essential job functions and discloses the wages of other employees or applicants to individuals who do not otherwise have access to the information, unless the disclosure is in response to:

      (A)   a formal complaint or charge;

      (B)   in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer; or

      (C)   is consistent with the employer’s legal duty to furnish information.

  (h)   Notwithstanding any other provision of this division, a physician or other licensed medical professional may use genetic information about, and consider the genetic status of, an employee to evaluate whether a disease, medical condition, or disability that is currently manifest is preventing the employee from performing the essential functions of the position if:

    (1)   the genetic information is provided to the employee in writing as soon as the information is available;

    (2)   the genetic information is not disclosed to any other person (including the employer) without the employee's voluntary, written consent;

    (3)   the genetic information is maintained as a medical record separate from the employee's employment records; and

    (4)   no other law prohibits:

      (A)   the medical professional from collecting or using the genetic information, or

      (B)   the employer from considering the disease or disability, or the employee's genetic status.

  (i)   This division does not prohibit genetic monitoring of biological effects of toxic substances in the workplace if:

    (1)   the employee has provided prior voluntary, informed consent in writing to participate in the monitoring;

    (2)   the employee receives the results of the monitoring, including both aggregate information and any information regarding the specific employee, as soon as results are available;

    (3)   the monitoring complies with all other laws, such as regulations protecting human subjects in research; and

    (4)   the employer (other than a licensed medical professional involved in the genetic monitoring) receives results of the monitoring only in aggregate terms that do not disclose the identity of any specific employee.

  (j)   An employer must not require an employee to obtain or reveal any genetic information that the employer is prohibited from considering under this division.

  (k)   An employer may require an employee to adhere to reasonable workplace appearance, grooming, and dress standards that are nondiscriminatory and not precluded by any provision of state or federal law.  However, an employer must allow an employee to appear, groom, and dress consistent with the employer’s gender identity.

  This Section is discussed in Belfiore v. Merchant Link LLC, 236 Md. App. 32, 180 A.3d 230 (2018).  In Prince of Peace Lutheran Church v. Linklater, 421 Md. 664, 28 A.3d. 1171 (2011), the Court cited Section 27-19, comparing it to its federal counterpart.  Section 2-19 is quoted in Hawkins v. Rockville Printing & Graphics, Inc., 189 Md. App.  1, 983 A.2d 531 (2009) and in Gasper v. Ruffin Hotel Corp. of Maryland, Inc., 183 Md. App. 211, 960 A.2d 1228 (2008).  Section 27-19 is cited in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008).  Section 27-19 is quoted in Jacob v. Didlake Corp., 2007 U.S. Dist. LEXIS 4095 (Jan. 19, 2007).  Section 27-19 is cited in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007).  Section 27-19 is cited, interpreted, and compared with Haw. Rev. Stat. § 378-2 in Haas v. Lockheed Martin Corp.. 396 Md. 469, 914 A.2d 735 (2007).  Section 27-19 is cited in Archdiocese of Washington v. Moersen, 399 Md. 637, 925 A.2d 659 (2007); in Jordan v. Alternative Resouces Corp., 447 F.3d 324 (4th Cir. 2006) (vacated on hearing); and in Heiko v. Colombo Savings Bank, 434 F.3d 249 (4th Cir. 2006), in which the complaint involved a claim under the Montgomery County Code and the Americans with Disabilities Act.  Section 27-19 is interpreted and quoted in Haas v. Lockheed Martin Corp., 396 Md. 469, 494 (2007), where the court held that the statute of limitations for employment claims under Montgomery County law runs from the date the discharge actually occurred and not from the earlier date on which the complainant was notified of the termination.  Section 27-19 is cited in Ridgely v. Montgomery County, 164 Md. Appl 214, 883 A.2d 182 (2005), where the court held that firefighter’s narcolepsy prevented him from performing his duties but did not prevent him from working a different job and, therefore, did not support a claim of disability based on a disability.   Section 27- 19 is quoted in Cohen v. Montgomery County Health and Human Services, 149 Md. App. 578, 817 A.2d 915 (2003), where the Court held that the employee’s claim that the County’s delay in providing reasonable accommodation for her disability stated a cause of action for employment discrimination based on disability.  A portion of Section 27-19 was held to be constitutionally invalid and the words “to perform purely religious functions” were severed from the section in Montrose Christian School Corp. v. Carver and Walsh, 363 Md. 565, 770 A.2d 111 (2001).  The above section is described and interpreted in Broadcast Equities v. Montgomery County, 123 Md. App. 363, 718 A.2d 648 (1998), vacated, Montgomery County v. Broadcast Equities, Inc., 360 Md. 438, 758 A.2d 995 (2000) (Broadcast Equities, Inc. failed to exhaust its administrative remedies before the Human Relations Commission). The above section is interpreted in Weathersby v. Kentucky Fried Chicken Nat’l. Mgt. Co., 86 Md.App. 533, 587 A.2d 569 (1991) and quoted in Hanna v. Emergency Medicine Associates, P.A., 77 Md.App. 595, 551 A.2d 492 (1989).  Section 27-19 is cited in Hopkins v. Baltimore Gas and Electric Company, 77 F.3d 745 (4th Cir. 1996), a sexual harassment case, as an example of the enactment of local laws addressing sexual orientation.  Section 27-19(b) is cited in  Weathersby v. Kentucky Fried Chicken Nat’l. Mgt. Co., 804 F.Supp. 756 (D.Md. 1992).

  Sec. 1. Short Title. This Act may be cited as the Genetic Information Employment Rights Act of 2000.

  Sec. 2. Findings.  The County Council finds that:

  (a) Genetic status can be used as a proxy for otherwise illegal grounds for discrimination, such as discrimination based on religion, race, nationality, sex, or age, providing a loophole in employment protections previously guaranteed by County law.

  (b) The threat of discrimination in employment based on the actual or perceived genetic status of an employee (including an applicant for employment) discourages genetic testing that could prevent or reduce disease or disabilities, provide peace of mind for individuals at risk for certain genetic conditions, and improve medical knowledge through genetic research.

  (c) Montgomery County, as home to the Human Genome Project of the National Institutes of Health, the Food and Drug Administration, Celera Genomics, and other public and private institutions at the cutting edge of genetic research, is an international center for the discovery of genetic knowledge to improve public health and welfare that depends on clinical research volunteers who live and work in the County.

  (d) Other than an Executive Order protecting federal employees, federal, state, and local employment laws generally have not kept pace with recent, rapid advances in genetic testing and therapies.

  Sec. 4. Regulations.  All County regulations in effect when this Act becomes law [March 21, 2001] continue in effect, except that any reference in a regulation to employment discrimination includes discrimination based on genetic status, as provided in this Act.  Within 120 days after this Act becomes law [March 21, 2001], the County Executive and the Human Relations Commission must submit to the Council, for approval under method (2), any amendments to their respective regulations necessary to implement this Act.

  Sec. 5. Public Education Program. The Human Relations Commission must, within 90 days after this Act becomes law [March 21, 2001], propose to the County Council and County Executive a public education program to inform employers, employees, genetic research and testing organizations, and the general public about County law regarding employment discrimination based on genetic information.  In developing the proposed program, the Commission should consider the advice of employee and employer groups, genetics researchers, human rights organizations, and other interested individuals and organizations. This Section does not limit any authority or duty of the Commission under Chapter 27 of the County Code.

**Sec. 27-20. Notice to be posted; reports and records.**

  (a)    Every employer, employment agency, and labor organization must keep posted in conspicuous places on its premises, where notices to employees, applicants for employment, and membership are customarily posted, a notice in the form and language approved by the Commission, summarizing the pertinent provisions of this division and how to file a complaint.

  (b)    Every employer, employment agency and labor organization, subject both to this division and to title VII of the Civil Rights Act of 1964, must furnish to the Commission all reports that are required by the Equal Employment Opportunity Commission established under the Civil Rights Act of 1964.

  (c)    Every employer, employment agency and labor organization subject to this division must preserve all regularly kept personnel or employment records (including application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination rates of pay or other terms of compensation and selection for training or apprenticeship) for the term of the employee's employment and a period of 6 months following termination of employment. Where a charge of discrimination has been filed against an employer, employment agency or labor organization under this division, the respondent must preserve all personnel records, including employment applications, relevant to the charge or action until final disposition of the charge or action.

**Sec. 27-21. Reports and records of person under investigation.**

  In connection with any investigation of a complaint filed under this division, the executive director or the director's designee may:

  (a)   request the reports and relevant records of any person being investigated or proceeded against that:

    (1)   may relate to employment practices prohibited by this division; and

    (2)   are relevant to matters raised in the complaint or similar matters; and

  (b)   interview any persons necessary in carrying out the purposes of this division.

#### Division 4. Discrimination Through Intimidation

**Sec. 27-22. Discrimination through intimidation.**

  A person must not: willfully and maliciously destroy, injure, or deface another person's real or personal property, or willfully and maliciously injure another person, with the intent to intimidate or attempt to intimidate any person because of race, religion, national origin, disability, sexual orientation, or gender identity.

**Sec. 27-23. Parental liability.**

  (a)    If a child under 18 years old commits an act prohibited by Section 27-22, the child's parent or legal guardian, other than a foster parent or public agency, may be held liable for all damages arising out of a single incident.  Liability must not exceed $5,000, including any civil penalty.  A parent may not be held liable under this Section unless first afforded a reasonable opportunity to be heard and to present relevant evidence.  A parent who cannot, or because of extenuating circumstances should not, pay may be excused from liability under this Section.

  (b)    Liability under subsection (a) may be imposed directly on the child, depending on the child's age and circumstances.  A child's liability under this subsection supercedes the parent's liability.

**Sec. 27-24. Alternative service; anti-hate/violence fund.**

  (a)    The County Executive may, by regulation under method (3), allow any civil penalty and damages payable to the County under this division by a child or an adult to be paid in kind by performing alternative community service.

  (b)    Any funds received by the County as restitution under this division must be deposited to the anti-hate/violence fund created in Section 35-13A, or, if the anti-hate/violence fund no longer exists, into the general fund.

**Sec. 27-25. Reliance on prior judicial decisions.**

  Any judicial determination that an act prohibited by Section 27-22 or comparable state law has been committed is admissible as proof of the act in a proceeding brought under this article involving the same acts.

**Sec. 27-26. Partnership Fund for victims of hate/violence.**

  (a)   Fund established.

    (1)   There is a Partnership Fund for victims of hate/violence.

    (2)   The Fund is created to compensate victims of hate/violence for personal injury and property damage caused by the hate/violence incident.

    (3)   The Commission on Human Rights must define what conduct is an act of hate/violence.

    (4)   The County Executive must designate a subcommittee of the Committee on Hate/Violence to administer the Partnership Fund.  In this Section, subcommittee refers to this subcommittee.

  (b)   Contributions.

    (1)   The subcommittee should solicit and deposit private contributions to the Fund. The subcommittee may spend up to 10 percent of the Fund to publicize the Fund and solicit private contributions.

    (2)   The County must contribute $25,000 per year to the Fund to the extent that funds are appropriated.

    (3)   The County government must also contribute $2 for every $1 of private contributions to the Fund, up to an additional $30,000 per a year, to the extent that funds are appropriated.

  (c)    Victim compensation.

    (1)   The subcommittee may pay a victim of hate/violence up to $2,000 from the Fund for each incident of hate/violence to compensate the victim for property damage caused by the hate/violence incident.

    (2)   The subcommittee may pay a victim of hate/violence up to $4,000 from the Fund for each incident of hate/violence to compensate the victim for personal injuries caused by the hate/violence incident.  Personal injury awards must be limited to actual damages for medical expenses, psychological services, or lost wages.  Lost wages must be based solely on employment income and must be calculated based on an individual’s gross average weekly wage immediately before the incident of hate/violence.

    (3)   A victim of hate/violence may not receive more than $8,000 from the Fund in any 12-month period.

  (d)   Police report.  A police report, filed over the telephone or in person to an appropriate law enforcement agency within 7 days after an act of hate/violence occurred or was discovered, must be submitted with all claims.  The subcomittee may waive this requirement if an individual had good cause for not filing a police report.

  (e)    Reduction of compensation. The subcommittee must reduce any payment from the Fund by any amount the victim receives or is entitled to receive from any private or public source as compensation for damages from the hate/violence incident.  The Fund may pay for lost wages only to the extent that compensation is not available from an employer for vacation, sick, or any other type of leave, insurance, the State victim compensation program, the County victim assistance program, or any other source arising from the same incident.

  (f)    False claims. Any person who makes a false claim under this Section:

    (1)   commits a Class A violation; and

    (2)   must reimburse the Fund for any payments received under this Section.

  (g)    Regulations. The County Executive may adopt regulations to implement this Section under method (2).

**Sec. 27-26A. Coordination of fair housing activities.**

  The director must coordinate the activities of all County departments, offices, and agencies to prevent discrimination in housing and test compliance with housing discrimination laws. The director must designate a staff member at an appropriate managerial level as the County's fair housing coordinator. After consulting appropriate County officials and private citizens, the Commission must:

  (a)   encourage housing industry participation in activities promoting fair housing, and maintain liaison with industry representatives;

  (b)   test compliance with housing discrimination laws;

  (c)   assess information needs, and assure that appropriate County agencies are gathering and analyzing the necessary data to monitor compliance with housing discrimination laws;

  (d)   Reserved.

  (e)   maintain a bibliography of information and databases relevant to housing discrimination;

  (f)   promote education and training to achieve fair housing; and

  (g)   provide staff support for meetings and activities of the interagency fair housing coordinating group.

**Sec. 27-26B. Interagency fair housing coordinating group.**

  (a)    The County Executive must designate an interagency fair housing coordinating group. The purpose of the coordinating group is to facilitate and promote the County's efforts to prevent discrimination in housing.

  (b)    The County Executive appoints the members of the coordinating group, subject to confirmation by the County Council.  The coordinating group consists of one or more employees of each of the following agencies:

    (1)   Office of Community Outreach in the Office of the Chief Administrative Officer;

    (2)   Human Rights Commission;

    (3)   Housing Opportunities Commission;

    (4)   Department of Housing and Community Affairs;

    (5)   Community service centers;

    (6)   Department of Health and Human Services;

    (7)   Commission for Women; and

    (8)   Commission on People with Disabilities.

  (c)   The Executive also may designate, subject to confirmation by the County Council, one or more members of the Executive's staff, and employees of any other County department or office, to serve on the coordinating group. The Executive must also invite the County Council, the Montgomery County public schools, the Montgomery County Economic Development Corporation, and the Maryland-National Capital Park and Planning Commission to designate one or more staff members to serve as full members of the group.

  (d)    The Executive must designate a chair of the coordinating group, subject to confirmation by the County Council. The chair or the Executive may call meetings. The group may form its own subcommittees.

  (e)    Meetings of the coordinating group and its subcommittees are subject to the Maryland Open Meetings law. In order to create a public forum and encourage diverse participation, the Executive must invite representatives of the housing industry and active community groups to participate in meetings. The group must not be governed by Chapter 2 or Chapter 2A.

  (f)    With staff support from the Fair Housing Coordinator, the coordinating group must submit to the County Council and County Executive an annual report on housing discrimination in the County. This report must:

    (1)   assess County, State and Federal laws prohibiting discrimination in housing, and evaluate their enforcement in the County;

    (2)   recommend changes in law, policy, programs or priorities needed to reduce discrimination in housing;

    (3)   include a work program for the coming year;

    (4)   include a progress report on the previous year's work program; and

  (5)   include the views of the Fair Housing Coordinator and any member whose views differ from those of the report.

### Article II. Commission for Women.

**Sec. 27-27. Statement of policy.**

  It is hereby declared to be the public policy of Montgomery County, Maryland, to eliminate discrimination or prejudice of any form that may exist on account of sex; to fully utilize the potential of each citizen, regardless of sex, in order to preserve our democratic way of life; and to provide equal opportunities to all citizens, regardless of sex, in employment, education, home and community services, and before the law.

**Sec. 27-28. Created; composition; appointment; terms of office and compensation of members; meetings, etc.**

  (a)   Creation and composition; appointment of members; chairperson. There is a Commission for Women. The Commission consists of 15 members appointed by the County Executive subject to confirmation by the County Council. Nine members are appointed from among those applicants who have been nominated and recommended for appointment by organizations within the County whose interests relate to the status of women. Six members are appointed from among those applicants applying on their own behalf. The Commission must elect one of its members as chairperson and another as vice chairperson, each to serve at the pleasure of the Commission, and such other officers as it determines. Representatives of the Board of Education and the Department of Health and Human Services serve as ex officio members of the Commission. Any city, town, village and special taxing area in the County may appoint one representative to serve as an ex officio member of the Commission.

  (b)   Terms: vacancies; reappointments. The term of office of each of the appointive members shall commence on July 1 of the year of appointment and shall be for a period of 3 years. Of the members first appointed, 5 shall be appointed for terms which will expire in one year, 3 of whom shall be nominees of County-wide organizations and 2 of whom shall be individual applicants; the same shall be appointed for terms which shall expire in 2 years; and the same for terms which shall expire in 3 years. Vacancies shall be filled by appointment for the unexpired terms. The members shall continue in office until their successors are appointed and have qualified and members shall be eligible for reappointment.

  (c)   Compensation. Members of the Commission receive no compensation for their services.

  (d)   Meetings; reports. The commission shall meet at the call of the chairperson as frequently as required to perform its duties, but no less than once each month.  A majority of the members of the Commission shall constitute a quorum for the transaction of business, and a majority of those present at any meeting shall be sufficient for any official action taken by the Commission. The Commission shall submit an annual report to the County Executive and County Council summarizing its activities, needs, recommendations and the degree to which the goals of the Commission are being met.

**Sec. 27-29. Powers and duties generally.**

  The commission shall have the power and it shall be its duty:

  (a)   To develop when necessary an information and referral system for all services in the county related specifically to the needs of women, to cooperate with the community services coordinating commission and to develop other services when a need for such services is determined.

  (b)   To research, assemble, analyze and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs of women and in the elimination of prejudice and discrimination on account of sex; and to institute and conduct educational and other programs, meetings and conferences to promote equal rights and opportunities for all persons regardless of their sex. In performance of its duties, the commission shall cooperate with interested citizens, community, business, professional, technical, educational and civic organizations.

  (c)   To cooperate with the county executive and all governmental agencies concerned with matters within the jurisdiction of the commission.

  (d)   To study and investigate by means of public or private meetings, conferences and public hearings, conditions which may result in unmet needs or in discrimination or prejudice because of sex.

  (e)   To advise and counsel the residents of the county, the county council, the county executive and the various departments of county, state and federal governments on matters involving the needs of women and on matters relating to discrimination or prejudice on account of sex, and to recommend such procedures, program or legislation as it may deem necessary and proper to promote and insure equal rights and opportunities for all persons, regardless of their sex.

  (f)   To work to remove inequalities due to unmet needs or discrimination or prejudice on the basis of sex in such areas as housing, recreation, employment, education, community services and related matters.

  (g)   To adopt, under method (2) of section 2A-15 of this Code, such regulations as may be necessary to carry out the purposes of this article; to keep a record of its activities and minutes of all meetings; such records and minutes shall be on file and shall be open to the public at reasonable business hours upon request.

  (h)   To prepare and submit to the county executive a budget to include the recommended appropriation for its own operation. In submitting a recommended budget for carrying out the operation of the commission, the county executive shall take into consideration the recommendations of the commission.

**Sec. 27-30. Committees generally; advisory committees.**

  The chairman of the commission may, with the approval of the commission appoint committees from its members to assist in carrying out any of the functions and duties of the commission. Any committee appointed shall consist of not less than three (3) members. The chairman of the commission may also appoint advisory committees of citizens and at least one (1) commission member as in his judgment will aid in effectuating the purposes of the commission. The committee and advisory committee actions shall not be deemed to be the action of the commission and shall in no way bind the commission or its members.

**Sec. 27-31. Advisory council.**

  An advisory council, composed of representatives from organizations interested in the activities of the commission, shall be established to advise the commission. Unaffiliated individuals may attend advisory council meetings, but may not vote. Advisory council action shall not be deemed to be the action of the commission and shall in no way bind the commission or its members.

**Sec. 27-32. Volunteers; consultants.**

  The commission may engage the services of volunteer workers and consultants without salary as they may find necessary from time to time and may engage other workers and consultants in accordance with the laws of the county subject to budget appropriations to assist it in carrying out its duties. Services of an individual as a volunteer worker or consultant for the commission shall not be considered as service of employment bringing such individual within any merit system of the county or the state.

**Sec. 27-33. Reserved.**

**Sec. 27-33A. Fees.**

  (a)   The county executive by executive order may impose user fees on participants in the programs, services, or activities conducted by the commission for women. Fees must not exceed the reasonable cost of administering the program, service, or activity.

  (b)   The Director may waive the user fee charged to a participant if:

    (1)   The waiver would promote the purposes of this article; and

    (2)   The participant cannot afford to pay the fee.

(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.

### Article III. Commission on Aging.

**Sec. 27-34. Statement of policy.**

  It is hereby declared to be the public policy of the county to promote and initiate programs to improve conditions of the aging or elderly in the county; to work toward elimination of restrictions which impede older citizens from full participation in the mainstream of community life; and to assist and stimulate all levels of government and the community to be more responsive to the needs of the county's older citizens.

**Sec. 27-35. Creation; composition; appointment; terms and compensation of members; meetings; quorum; reports.**

  (a)    Creation and composition; appointment of members; election of officers. There is hereby established a commission on aging with at least eighteen (18) members appointed by the Executive, subject to confirmation by the Council. After considering the recommendations of the commission, the Executive must appoint a majority of members who are older citizens.  In addition, each member must be:

    (1)   a County resident; and

    (2)   an individual who is or has been active in business, industry, labor, community service, religion, welfare, education, the professions, or representatives of major organizations or agencies significantly concerned with the problems of aging.

The Executive must appoint 1 member of the Mental Health Advisory Committee and 1 member of the Commission on Veterans Affairs. The commission must elect the following officers and directors from the members appointed by the Executive: chair, vice chair, secretary, budget and finance advisor, each to serve at the pleasure of the commission, and directors and such other officers as it determines.

  (b)    Terms; reappointments. The term of office of each of the appointed members is 3 years. A member must not serve more than 2 consecutive terms. Members shall continue in office until their successors are appointed and approved.

  (c)    Compensation. Members of the commission receive no compensation for their services.

  (d)    Meetings; reports. The commission shall meet at the call of the chairman as frequently as required to perform its duties, but no less than six (6) times each year. A majority of the members of the commission shall constitute a quorum for the transaction of business,and a majority of those present at any meeting shall be sufficient for any official action taken by the commission. The commission shall submit an annual report to the county executive and the county council summarizing its activities, needs, recommendations and the degree to which the goals of the commission are being met.

**Sec. 27-36. Executive secretary; additional personnel and facilities.**

  There shall be an executive secretary of the commission, who shall be a merit system employee. Other personnel and facilities may be authorized as provided by appropriations.

**Sec. 27-37. Powers and duties generally.**

  The commission shall have the power and it shall be its duty:

  (a)   To research, assemble, analyze and disseminate pertinent data and educational materials relating to activities and programs which will assist in meeting the needs and solving the problems of the aging; to cooperate with public and private agencies, organizations and individuals in identifying and solving the problems of the aging; and to develop and conduct, as appropriate, in cooperation with county government, other services and programs dealing with the problems and needs of the aging.

  (b)   To review plans of primary concern to the aging that are developed by other commissions, agencies, offices and departments of the county government.

  (c)   To develop an information and referral system for all services in the county related specifically to the needs of the aging.

  (d)   To institute and conduct educational and other programs, meetings and conferences to promote the welfare of the aging. In the performance of its duties, the commission shall cooperate with all interested citizens, community, business, professional, technical, educational, health and civic organizations.

  (e)   To cooperate with the county executive and all governmental agencies concerned with matters within the jurisdiction of the commission.

  (f)   To study and investigate by means of public or private meetings, conferences and public hearings, conditions which may result in unmet needs or in discrimination or prejudice because of age.

  (g)   To advise and counsel the residents of the county, the county council, the county executive and the various departments of county, state and federal governments on matters involving the needs of the aging, and to recommend such procedures, programs or legislation as it may deem necessary and proper to promote and ensure equal rights and opportunities for all persons, regardless of their age.

  (h)   To work to remove the unmet needs or discrimination or prejudice on the basis of age in such areas as housing, recreation, employment, education, community services and related matters.

  (i)   To adopt such rules and procedures as may be necessary to carry out the purposes of this article; to keep a record of its activities and minutes of all meetings; such records and minutes shall be on file and shall be open to the public at reasonable business hours upon request.

  (j)   To prepare and submit to the county executive a budget to include the recommended appropriation for its own operation. In submitting a recommended budget for carrying out the operation of the commission, the county executive shall take into consideration the recommendations of the commission, and if requested by the commission, grant a hearing to the commission.

**Sec. 27-38. Committees.**

  The chairman of the commission may, with the approval of the commission, appoint committees from its members to assist in carrying out any of the functions and duties of the commission.

**Sec. 27-39. Volunteer workers and consultants.**

  The commission may engage the services of volunteer workers and consultants without salary as it may find necessary from time to time, and may engage other workers and consultants in accordance with the laws of the county, subject to budget appropriations to assist it in carrying out its duties. Services of an individual as a volunteer worker or consultant for the commission shall not be considered as service or employment bringing such individual within any merit system of the county or the state.

### Article IV. Community Action Agency.

**Sec. 27-40. Statement of policy.**

  It is the public policy of the County to promote programs to create an awareness of poverty; promote coordination among private and public agencies concerned with poverty; promote better use of existing resources and develop leadership among poor citizens to solve community problems; and develop broad community strategies to attack the basic causes of poverty.

**Sec. 27-41. Creation and organization.**

  (a)   Established; purpose. There is a Community Action Agency within the Executive branch of the County government.  The Agency creates and maintains community action programs to encourage the use of  public and private resources to enable low-income people to become self-sufficient; to reduce poverty in the County; to involve the low-income population in developing and carrying out anti-poverty programs in the County; and to make government more responsive to the needs of low-income people.

  (b)   Governing board and staff. The community action agency consists of:

    (1)   the Community Action Board; and

    (2)   merit system employees of the County government, including an executive director and other staff necessary to assist the Board.  The Board generally directs and supervises the staff.

  (c)   Board-Composition; membership.

    (1)   The Community Action Board consists of not more than 24 nor less than 15 members.

    (2)   At least one-third of the members must be representatives of low-income persons in the county, and one-third must be public officials or their representatives.  The balance of the Board must be composed of officials or members of business, industry, labor, religious, private welfare, private education, minority, civic, and other major private organizations interested in activities of the agency.

  (d)   Appointment; term of office.

    (1)   Public Official Members.  The County Executive must appoint, subject to confirmation by the County Council, officials of the County government and other public agencies in the County, or voting representatives of the officials, to serve on the Board.  The Council may, in its discretion, recommend a Councilmember or other Council representative to serve on the Board.  The Executive must consider for appointment public officials recommended by the Board.  The Executive (who is not subject to confirmation), or the Executive’s designee, is a public member of the Board.  Public-official members, or their representatives:

      (A)   collectively must comprise at least one-third of the membership of the Board; and

      (B)   serve at the pleasure of the Executive..

    (2)   Private Organization Members. The Executive must appoint, subject to confirmation by the Council, representatives of the private organizations to serve on the Board.   These members serve either a 1-, 2-, or 3-year term, as designated by the Executive.  In appointing members under this subparagraph, the Executive must consider individuals and organizations recommended by the Board.  The terms of private organization members end October 1 of the appropriate year.

    (3)   Low-Income Representatives.

      (A)   The Executive must appoint, subject to confirmation by the Council, members who represent low-income County residents. In making an appointment under this subparagraph, the Executive must consider the recommendation of the Community Action Board regarding a candidate selected by low-income County residents.  Low-income representative members serve either a 1-, 2-, or 3-year term, as designated by the County Executive.  The Board must recommend to the Executive an individual to fill any vacancy on the Board.  The terms of all members representing low-income residents end October 1 of the appropriate year.

      (B)   The Board must establish a democratic procedure for low-income residents to select candidates for nomination, each of whom must live in a specific geographic area of the County.  Individuals participating in the selection of a candidate must be at least 18 years old, reside in the specific geographic area of the County, and have income that does not exceed the limits established under subparagraph (D).

      (C)   For each person nominated under this paragraph, the Executive must explain in writing to the Council how the nominee was selected by a democratic method designed to ensure that the nominee is representative of the poor in the area the nominee would represent.

      (D)   A low-income person, for the purpose of this article, is a person whose income does not exceed amounts set by Executive Order after considering the recommendations of the Board.

    (4)   Vacancies. Except as provided in paragraph (5), each member of the Board continues to serve after the member’s term expires until the Council confirms a successor, who serves the remainder of the member’s term.

    (5)   A private-organization member selected under paragraph (2) or a low-income representative selected under paragraph (3) must not serve on the Board for more than 5 consecutive or 10 total years.

  (e)   Officers of the Board. The officers of the Board are the chair, vice-chair, and secretary, elected annually by the Board under procedures adopted by the Board.

  (f)   Compensation. The members of the Board serve without compensation.

  (g)   Meetings; quorum. The Board holds meetings at regular intervals at least 6 times per year. A majority of the members of the Board is a quorum for conducting business.  The Board may act on a majority vote of those present. The Board or its designated members should meet from time to time with the County Executive, the County Council, and other public officials to promote the Board’s functions.

  (h)   Nonpartisan nature. The Community Action Agency must not participate in partisan political activities or sectarian activities.  The Agency may advocate on behalf of, or discuss public issues affecting, low-income people.

**Sec. 27-42. General powers and duties of Board.**

  To accomplish the purposes for which the Community Action Agency is established, the Community Action Board may:

  (a)   Make recommendations on the initiation and development of the community action program;

  (b)   Recommend to the county executive an annual budget to support the community action program and develop grant applications in support thereof;

  (c)   Decide changes in the community action program within the limits of the annual budget;

  (d)   Recommend expenditures within available appropriations or budgetary allocations for the community action program;

  (e)   Recommend transfers between and within programs within available appropriations or budgetary allocations;

  (f)   Give general advice on the administration of projects carried out in implementation of the community action program;

  (g)   Accept, use and account for contributions of property and services from organizations or individuals for purposes consistent with the community action program;

  (h)   Participate in recruiting and screening candidates for the position of executive director; and recommend a candidate or candidates for executive director; participate in the performance evaluation of or any personnel actions concerning the executive director;

  (i)   Recommend the type and number of personnel required to staff the organization and carry out approved projects;

  (j)   Adopt, amend and repeal bylaws, and adopt regulations under method (2) of section 2A- 15 of this Code governing the manner in which its activities may be conducted and the powers vested in it may be exercised;

  (k)   Provide advice and recommendations to the county executive, county council and other public and private agencies;

  (l)   Establish communications with the community concerning programs and policies affecting low-income persons;

  (m)   Perform all lawful actions as may be necessary or appropriate to achieve the purposes for which the community action agency is established, including the selection of low-income representatives;

  (n)   Carry out such operations as the county government may specifically authorize or provide.

**Sec. 27-43.  Committees and advisers.**

  (a)   The Board must establish an executive committee and other subcommittees necessary to assist in performing the functions of the Board.

  (b)   The chair of the Board may appoint a person to advise the Board from public agencies not represented on the Board or from interested citizens in the county. An adviser may participate in meetings of the Board and the executive committee but is not entitled to vote. An advisers may serve as a member of a subcommittee and vote at subcommittee meetings.

**Sec. 27-44. Authority of executive director.**

  The executive director may, after considering the Community Action Board’s recommendations:

  (a)   recommend to the Chief Administrative Officer appointment of Agency staff;  and

  (b)   authorize the expenditure of funds.

**Sec. 27-45. Reports.**

  The Community Action Board annually must report to the County Executive, the County Council, and the public on the Board’s activities .

**Sec. 27-46. Repeal of current resolution.**

  Resolution No. 6-1332, dated June 18, 1968, the current resolution establishing the community action committee, is hereby rescinded, and any section therein inconsistent with this article is hereby declared null and of no effect or force.

### Article V. Commission on Children and Youth.

**Sec. 27-47. Statement of policy.**

  The County Council believes that a Commission on Children and Youth is necessary to advise the County Council, County Executive, Department of Health and Human Services and the Board of Education, on the development of coordinated community and government policies, programs and services which support children, youth and families. The objectives of the Commission are: To identify the needs of children and youth according to age, location and special services required; to identify all existing services, public and private, available to children, youth and families; to identify those changes in public policy, service delivery, and funding necessary to improve the supporting services available to children, youth and families; and to serve as the community voice for children and youth and to be a forum for discussion with youth. The Commission on Children and Youth should coordinate work with the Commission on Child Care and should not duplicate the work of the Commission on Child Care.

**Sec. 27-48. Commission on Children and Youth Generally.**

  (a)   Creation and appointment. There is a Commission on Children and Youth. The County Executive appoints Commission members, subject to County Council approval. The Commission has 27 members, including the following:

    (1)   one representative from the:

    (A)   public school system;

    (B)   private schools in the County; and

    (C)   Department of Recreation.

    (2)   The Department of Health and Human Services has 2 representatives.

The remaining 22 members should be equally divided among individuals with recent experience in agencies providing services to children and youth, youth and young adults, and parents. The County Executive appoints the Chair and the Vice-Chair of the Commission, subject to County Council approval. A County government representative must not be the Chair or Vice-Chair. Commission members may make recommendations to the County Executive about appointment of the Chair and Vice-Chair.

  (b)   Terms of office. The term of a member is 3 years, except that a youth or young adult member is appointed for one year from June 1 to May 30.

  (c)   Compensation. Members of the Commission must not receive compensation for their services.

  (d)   Meetings. The Commission meets on the call of the Chair as required to perform its duties but not less than 6 times each year.

  (e)   Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (f)   Staff. The Department of Health and Human Services provides the necessary staff support to the Commission for the conduct of the Commission's formal sessions.

**Sec. 27-49. Duties and responsibilities.**

  The Commission has the following duties and responsibilities:

  (a)   Initiate recommendations for such procedures, programs or legislation as it may deem necessary to promote the well-being of children, youth and families in the community;

  (b)   Hold public hearings, initiate interagency conferences and create special task forces in order to identify and assess needs, review services, programs and policies and plan new strategies for supporting children, youth and families;

  (c)   Collect data on the needs of children and youth, as well as services delivered by public and private agencies in the County;

  (d)   Evaluate and review the implementation of County policies and programs affecting children, youth and families, including but not limited to: Early childhood education, health and nutrition, neglected and dependent children and youth, children/ youth with special needs and prevention and treatment of delinquency;

  (e)   Recommend annual priorities which the County government should follow for improving services in support of children, youth, and families;

  (f)   Review and promote the coordination of services between and among all agencies serving children and youth in this County;

  (g)   Review, assess and make recommendations regarding funding of proposals utilizing public funds to be spent in behalf of children and youth;

  (h)   Give recommendations to the County Executive and County Council for new sources of public funds for children and youth;

  (i)   Review standards for licensing and operation of services to children and youth.

  (j)   Serve as the children's council as established by Article 49D of the Annotated Code of Maryland and perform the duties and functions provided therein;

  (k)   Provide effective public information on children's programs and services in the County;

  (l)   Participate in the activities of the State Office for Children and Youth;

  (m)   Solicit advice and suggestions from public and private agencies, and their professional staffs, concerned with problems of children and youth through the establishment of committees or other appropriate means;

  (n)   Formulate bylaws and operating procedures necessary to carry out responsibilities;

  (o)   Supervise and coordinate activities of the Youth Advisory Committee as a subcommittee of the Commission; and

  (p)   Advise the County Council, County Executive, Department of Health and Human Services, and Board of Education in matters relating to children, youth, and families.

**Sec. 27-49A. Citizens Review Panel for Children.**

  (a)   Creation.   The Citizens Review Panel for Children is established.

  (b)   Appointment.  The County Executive must appoint the members of the Citizens Review Panel, subject to County Council confirmation.  The Executive must appoint the chair and vice-chair of the Citizens Review Panel, subject to Council confirmation.  A member of the Citizens Review Panel may recommend individuals to the Executive to serve as the chair and vice-chair.

  (c)   Membership.

    (1)   The Citizens Review Panel has 9 to 14 members.

      (A)   The Executive must appoint 7 members.  No more than 3 members may be members of the Commission on Children and Youth who are separately confirmed by the Council as Panel members.

      (B)   One member each must be a County resident selected under State law by:

        (1)   the State Citizens Review Board for Children; and

        (2)   the State Council on Child Abuse and Neglect.

      (C)   The Executive may appoint, subject to confirmation by the Council, not more than 5 additional non-voting members to provide technical and professional advice to the Panel about child protective services.  These members must have experience in preventing and treating child abuse and neglect, such as child advocates, volunteers of the court-appointed special advocate program, attorneys who represent children, parents and consumer representatives, and health and human services professionals.  These members each serve a term of 3 years.  A panel member should consider the advice of these members, but must exercise independent judgment in evaluating their advice.

    (2)   Each member of the Panel must be a volunteer who:

      (A)   exercises the member's own free will in all deliberations of the Panel;

      (B)   acts independently of any outside influence, particularly the member's employer;

      (C)   does not represent any agency or organization; and

      (D)   is not a County or State employee, or spouse or domestic partner of an employee, whose participation would be inconsistent with County Council policies regarding appointment of government employees to boards, committees, and commissions.

  (d)   Duties.  The Citizens Review Panel must:

    (1)   implement State law regarding local citizens review boards;

    (2)   examine the policies and procedures of State and local agencies and, where appropriate, specific cases to evaluate the extent to which these agencies in the County are effectively fulfilling their responsibilities to implement the child protection standards and State plan under 42 U.S.C. § 5106a(b) and any other criteria that the panel considers important for the protection of children;

    (3)   report the Panel's findings to the Executive, the Council, the State Citizens Review Board for Children, and the State Council on Child Abuse and Neglect;

    (4)   within 60 days after the end of each fiscal year, prepare and make available to the public a report summarizing the Panel's activities during the fiscal year; and

    (5)   carry out other duties as requested to assist the County Department of Health and Human Services, the State Citizens Review Board for Children, and the State Council on Child Abuse and Neglect.

  (e)   Terms of office.  The term of a Panel member is 3 years.

  (f)   Compensation.  Members of the Panel must not receive compensation for their services.  A member may receive reimbursement for expenses incurred in connection with the member's service on the Panel, subject to appropriations.

  (g)   Meetings.  The Citizens Review Panel must meet at least once every 3 months at the call of the chair.

  (h)   Access to information.  Federal law requires the State to provide any case information requested by the Panel that is necessary for the Panel to carry out its functions.  County agencies and employees must provide any case or other information that the Panel decides is necessary or useful to carry out its functions.  Each member of the Panel is subject to State laws that restrict or prohibit disclosure of:

    (A)   identifying information about a specific child protection case; or

    (B)   certain other information.

  (i)   Staff.  Federal law requires the State to provide staff support to the Citizens Review Panel.  The County Department of Health and Human Services may provide staff support to the Panel if the State reimburses the County for the full cost of the support.

  Transition.

  (a) When making initial appointments to the Citizens Review Panel, the County Executive must appoint 2 members to a one-year term, 2 members to a two-year term, and 3 members to a three-year term.

  (b) The Executive must appoint the members of the Advisory Group under Code Section 27-49A(j), as added by this Act, to initial terms of 1, 2, or 3 years, coincident with the term of a Panel member, so that the terms of no more than 2 members of the group expire in the same calendar year.

  (c) A member who serves for 18 months or less in a Panel or Advisory Group position during the position's initial term of one or two years is eligible for reappointment as if the member had not previously served in the position.

### Article VI. Commission on People with Disabilites.

**Sec. 27-50. Statement of policy.**

  A Commission on People with Disabilities is necessary to advise the County government on the coordination and development of policies for people with disabilities. The County government adopts the policy that no qualified person with a disability should, on the basis of their disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the County government. The County government endorses Section 504 of the Rehabilitation Act of 1973 as amended, 29 U.S.C. 794, and agrees to comply with federal regulations implementing Section 504.

**Sec. 27-51. Commission-Composition and appointments; meetings; staff.**

  (a)    Composition and appointment. There is a Commission on People with Disabilities. The Commission has 25 voting members, and at least 6 nonvoting members, including:

    (1)   13 voting members who are people with a disability;

    (2)   3 voting members who are parents of people with disabilities;

    (3)   9 voting members who represent organizations and agencies that provide services or represent people with disabilities;

    (4)   one nonvoting member from the:

      (A)   Department of Recreation;

      (B)   Department of Transportation;

      (C)   Human Rights Commission; and

      (D)   Commission on Veterans Affairs; and

    (5)   two nonvoting members from the Department of Health and Human Services.

The County Executive appoints Commission members. The County Executive appoints voting members subject to confirmation by the County Council. The County Executive may appoint additional nonvoting members from other governmental agencies. All appointments are for a 3-year term beginning October 1, except appointments to fill unexpired terms. If a vacancy occurs on the Commission, the County Executive should appoint a successor to complete the unexpired term within 60 days of the occurrence of the vacancy. After receiving recommendations of Commission members, the County Executive must appoint the chairperson and vice chairperson of the Commission, subject to confirmation by the County Council.

  (b)   Compensation. Members of the Commission receive no compensation for their services.

  (c)   Meetings. The Commission meets on the call of the chairperson as frequently as required to perform its duties, but not less than 6 times each year.

  (d)   Staff support. The Department of Health and Human Services must provide the staff support necessary for the Commission to perform its duties.

**Sec. 27-52. Duties.**

  The Commission has the following duties:

  (a)   review programs and services for people with disabilities, including identifying unmet needs and gaps in services;

  (b)   identify, analyze, and evaluate barriers to programs and services for people with disabilities;

  (c)   review reports and publications of government agencies providing services to people with disabilities;

  (d)   review federal, state and local legislation that concerns or would affect people with disabilities;

  (e)   study ways to maximize the use of facilities and services available to people with disabilities;

  (f)   conduct open meetings to provide direct communication among people with disabilities, private and public organizations, and the general public regarding programs and services for people with disabilities;

  (g)   initiate conferences of interagency planning group and create special task forces to identify and assess needs and promote the coordination of services among public and private agencies, departments, and organizations that provide services and programs for people with disabilities;

  (h)   identify and recommend to the County Executive and the County Council appropriate sources of state and federal funding for services and programs for people with disabilities;

  (i)   make recommendations for procedures, programs, and legislation to promote the well- being of people with disabilities;

  (j)   submit an annual report by November 1 each year to the County Council and the County Executive that includes:

    (1)   the status of services and programs for people with disabilities in the County;

    (2)   recommendations for the more effective delivery of services and programs to people with disabilities; and

    (3)   annual budget and policy priorities for delivery of services to people with disabilities;

  (k)   advise the Department of Health and Human Services in carrying out the duties and responsibilities imposed by federal laws affecting people with disabilities; and

  (l)   make recommendations to the Department of Health and Human Services about the County's contribution to programs and services for people with disabilities.

**Sec. 27-52A. Advocacy.**

  The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

### Article VII. Committee for Ethnic Affairs.

**Sec. 27-53. Committee for Ethnic Affairs-Established; membership; terms of membership; chairperson.**

  (a)   Establishing the Committee. The Committee for Ethnic Affairs is established for an indefinite term.

  (b)   Membership.

    (1)   All members must be appointed by the County Executive and confirmed by the County Council.

    (2)   There must be 26 members, of whom:

      (A)   14 are identified with ethnic groups in the County; and

      (B)   12 are identified with the general public, including the business and education communities.

  (c)   Terms of members. Each member must be appointed for a 3-year term that begins on April 1, except for a member appointed to complete an unexpired term.

  (d)   Chairperson. The Committee must elect a chairperson. The chairperson serves a one- year term, unless reelected.

**Sec. 27-54. Responsibilities of the Committee.**

  The Committee should:

  (a)   create a forum for all ethnic groups in the County, help to integrate diverse communities in the County, and identify existing and potential problems and possible solutions.

  (b)   advise the County Executive, County Council, and the Office of Minority and Multicultural Affairs on public policy that relates to ethnic affairs;

  (c)   emphasize the richness of the lingual and cultural diversity in the County, including the promotion of interaction and interchange among ethnic groups;

  (d)   advise the Office of Minority and Multicultural Affairs about the organization of an annual heritage festival to celebrate ethnic diversity in the County;

  (e)   advise the Office of Minority and Multicultural Affairs about ways of introducing and welcoming permanent and temporary residents from other countries to the County and integrating them into the community;

  (f)   advise the Office of Minority and Multicultural Affairs about special needs of ethnic groups for public services, including interpreters, health, housing, employment, and education, and monitor any programs that provide these services;

  (g)   advise the Office of Minority and Multicultural Affairs about providing information in as many languages as possible;

  (h)   advise the Office of Minority and Multicultural Affairs about promoting involvement of all ethnic groups in the government, business, and community affairs of the County; and

  (i)   communicate with the Maryland State Ethnic Heritage Commission and other comparable public and private organizations.

**Sec. 27-55. Annual ethnic heritage festival.**

  (a)   The Office of Minority and Multicultural Affairs must:

    (1)   organize an annual ethnic heritage festival; and

    (2)   provide for citizen participation in the festival planning.

  (b)   The Committee should assist the Office of Minority and Multicultural Affairs in planning the festival.

**Sec. 27-56. Reports.**

  (a)   By December 1 each year, the Committee must report to the County Executive, the County Council, and the Office of Minority and Multicultural Affairs.

  (b)   The report must include a summary of the activities, accomplishments, plans, and objectives of the Committee.

**Sec. 27-57. Committee support.**

  The Office of Minority and Multicultural Affairs must provide appropriate support to assist the Committee in its work.

**Sec. 27-58. Meetings.**

  (a)   Frequency. The committee meets at the direction of the chairperson at least 6 times each year.

  (b)   Procedures.

    (1)   A majority of the members of the Committee must be present for the Committee to conduct any official business.

    (2)   If a majority of members attending a meeting agree, the Committee may take an action.

**Sec. 27-59. Compensation of members.**

  Members do not receive compensation for serving on the committee.

**Sec. 27-60. Committee in advisory category.**

  The committee is in the advisory category established in section 2-143 of this Code.

**Sec. 27-61. Advocacy.**

  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

### Article VIII. HUMAN TRAFFICKING PREVENTION COMMITTEE.

**Sec. 27-62. Human Trafficking Prevention Committee.**

  (a)   Members. The Executive must appoint, subject to confirmation by the Council, a Human Trafficking Prevention Committee. The Committee must have 17 voting members and up to 10 ex-officio nonvoting members. At least 9 of the voting members must, when appointed, either reside in or be an employee of the County.

    (1)   Voting members. The voting members must broadly reflect the geographic, economic, and social diversity of the County. Each voting member should be associated with an organization involved in addressing some aspect of human trafficking or have a direct interest in an issue related to human trafficking.

      (A)   One voting member should be an employee of the Montgomery County Public Schools.

      (B)   One voting member should be an employee of the County State’s Attorney’s Office.

      (C)   One voting member should be a member of the Montgomery County Judiciary.

      (D)   One voting member should be an employee of the County Sheriff’s Office.

      (E)   One voting member should be a designee of the County Council.

      (F)   One voting member should be an employee of the County Police Department.

      (G)   One voting member should be an employee of the County Department of Health and Human Services.

      (H)   One voting member should be an employee of the County Office of Intergovernmental Relations.

      (I)   One voting member should be an employee of the County Department of Correction and Rehabilitation.

      (J)   One voting member should be a member of the County’s Commission for Women.

      (K)   One voting member should be a member of the Criminal Justice Coordinating Commission.

      (L)   Two voting members should be from two different advocacy organizations.

      (M)   One voting member should be an owner or employee of a non-profit service provider.

      (N)   One voting member should be an academic advisor.

      (O)   Two voting members should be a public member with a direct interest in the prevention of human trafficking.

    (2)   Nonvoting members.

      (A)   The Committee must also include the following ex officio nonvoting members:

        (i)   the Council President or the President’s designee;

        (ii)   the County Executive or the Executive’s designee;

        (iii)   the Director of the Department of Permitting Services or the Director’s designee;

        (iv)   the Director of the Commission on Human Rights or the Director’s designee; and

        (v)   the Director of the Office of Community Partnerships or the Director’s designee.

      (B)   The Committee may also include the following ex officio nonvoting members:

        (i)   One Senator or the Senator’s designee from the Montgomery County Delegation selected by the Chair of the County’s Senate Delegation;

        (ii)   One Delegate or the Delegate’s designee from the Montgomery County Delegation selected by the Chair of the County’s House Delegation; and

        (iii)   the President or the President’s designee of an appropriate health care agency located in the County that serves victims of human trafficking.

    (3)   Term. Each voting member serves a 3-year term. A voting member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.

    (4)   Compensation. Voting and nonvoting members must receive no compensation for their services.

    (5)   Removal. The Executive, with the consent of the Council, may remove a member for neglect or inability to perform the duties of the office, misconduct in office, or a serious violation of law. Before the Executive removes a member, the Executive must give the member notice of the reason for removal and a reasonable opportunity to reply.

  (b)   Chair and Vice Chair. The Committee must annually elect one voting member as chair and another as vice chair, and may elect other officers.

  (c)   Meetings. The Committee may meet at the call of the chair as often as required to perform its duties, but at least six times each year. The Committee must also meet if a majority of the voting members submit a written request for a meeting to the chair at least 7 days before the proposed meeting. A majority of the voting members are a quorum for the transaction of business, and a majority of voting members present at any meeting with a quorum may take an action.

  (d)   Staff. The Commission for Women must provide the Committee with staff, offices, and supplies as are appropriate for it.

  (e)   Duties. The Committee must:

    (1)   adopt rules and procedures as necessary to perform its functions;

    (2)   keep a record of its activities and minutes of all meetings, which must be kept on file and open to the public during business hours upon request;

    (3)   develop and distribute information about human trafficking in the County;

    (4)   promote educational activities that increase the understanding of human trafficking in the County;

    (5)   develop and recommend interagency coordinated strategies for reducing human trafficking in the County;

    (6)   advise the Council, the Executive, County agencies, and State elected officials about human trafficking in the County, and recommend policies, programs, legislation, or regulations necessary to reduce human trafficking;

    (7)   submit an annual report by October 1 of each year to the Executive and Council on the activities of the Committee, including the source and amount of any contributions received to support the activities of the Committee; and

    (8)   establish three subcommittees: the Legislative Subcommittee; the Victim Services Subcommittee; and the Education and Outreach Subcommittee.

  (f)   Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

### Article IX. Committee Against Hate/Violence.

**Sec. 27-63. Committee Against Hate/Violence.**

  (a)   Members. The County Executive must appoint, subject to confirmation by the County Council, a Committee Against Hate/Violence.  The Committee consists of 15 voting members and 6 ex- officio nonvoting members. Each voting member must, when appointed, reside in the County.

    (1)   Voting members. The voting members must broadly reflect the geographic, economic, and social diversity of the County.

      (A)   At least 9 voting members should be identified with ethnic or other groups in the County frequently subject to acts of hate/violence.

      (B)   At least 2 voting members should be parents of school-age children.

      (C)   At least one voting member should be identified with the County business community.

    (2)   Nonvoting members. The County Council, County Executive, Department of Police, Commission on Human Rights, Montgomery County Public Schools, and Montgomery College, should each designate an ex-officio nonvoting member of the Committee.

    (3)   Term. Each voting member serves a 3-year term.  A voting member must not serve more than 2 consecutive full terms.  A member appointed to fill a vacancy serves the rest of the unexpired term.  Members continue in office until their successors are appointed and qualified.

    (4)   Compensation. Voting members receive no compensation for their services.

    (5)   Removal. The County Executive, with the consent of the County Council, may remove a voting member for neglect of or inability to perform the duties of the office, misconduct in office, or serious violation of law.  Before the Executive removes a member, the Executive must give the member notice of the reason for removal and a fair opportunity to reply.  Section 2-148(c) applies only to voting members of the Commission.

  (b)   Chair and Vice Chair. The Committee must annually elect one voting member as chair and another as vice chair, and may elect other officers.

  (c)   Meetings. The Committee meets at the call of the chair as often as required to perform its duties, but at least 10 times each year.  The Committee must also meet if a majority of the voting members file a written request for a meeting with the chair at least 7 days before the proposed meeting.  A majority of the voting members are a quorum for the transaction of business, and a majority of the voting members present at any meeting may take any official action.

  (d)   Staff. The Office of the Commission on Human Rights must provide the Committee with staff, offices, and supplies as are appropriated for it.

  (e)   Duties. The Committee must:

    (1)   adopt rules and procedures as necessary to perform its functions;

    (2)   keep a record of its activities and minutes of all meetings, which must be kept on file and open to the public during business hours upon request;

    (3)   develop and distribute information about hate/violence in the County;

    (4)   promote educational activities that demonstrate the positive value of ethnic and social diversity in the County;

    (5)   advise the County Council, the County Executive, and County agencies about hate/violence in the County, and recommend policies, programs, legislation, or regulations necessary to reduce the incidence of acts of hate/violence;

    (6)   submit an annual report by October 1 to the Executive and Council on the activities of the Committee, including the source and amount of any contribution received to support the activities of the Committee; and

    (7)   establish a subcommittee, with members designated by the Executive under Section 27-26(a)(4), to manage the Partnership Fund for Victims of Hate/Violence.

  (f)   Contributions. The Committee may solicit and accept contributions from public and private sources to support the activities of the Committee notwithstanding any provision of Chapter 19A to the contrary.  Committee staff must not solicit or accept contributions for the Committee, but may be assigned administrative tasks related to Committee fundraising.

  (g)   Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

### Article X. Displaced Service Workers Protection Act.

**Sec. 27-64. Definitions.**

  (a)   As used in this Article:

    Awarding authority means any person that awards or enters into a service contract or subcontract with a contractor to be performed in the County.  Awarding authority includes the County, but does not include a Federal, State, or municipal government, or a common ownership community, as defined in Section 10B-2(b).

    Contractor means any person, including a subcontractor, which enters into a service contract to be performed in the County and employs more than 20 service employees in the entire company.

    Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.

    Person means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ persons or enter into a service contract.

    Service contract means a contract between an awarding authority and a contractor to provide security, janitorial, building maintenance, food preparation, or non-professional health care services in a facility located in the County which is used as a:

    (1)   private school;

    (2)   hospital, nursing care facility, or other health care provider;

    (3)   institution, such as a museum, convention center, arena, airport, or music hall;

    (4)   multi-family residential building or complex with more than 30 units; or

    (5)   commercial building or office building occupying more than 75,000 square feet.

    Service contract also includes a contract awarded by the County for residential solid waste, recycling, or yard waste collection and disposal.

    Service employee means an individual employed on a full or part-time basis by a contractor as a:

    (1)   building service employee, including a janitor, security officer, groundskeeper, door staff, maintenance technician, handyman, superintendent, elevator operator, window cleaner, or building engineer;

    (2)   food service worker, including a cafeteria attendant, line attendant, cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, or merchandise vendor;

    (3)   non-professional employee performing health care or related service; or

    (4)   a driver, helper, or mechanic performing services on a County contract for residential solid waste, recycling, or yard waste collection and disposal.

    Service employee does not include:

    (1)   a managerial or confidential employee;

    (2)   an employee who works in an executive, administrative, or professional capacity;

    (3)   an employee who earns more than $30 per hour; or

    (4)   an employee who is regularly scheduled to work less than 10 hours per week.

    Successor contractor means a contractor that:

    (1)   is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days;

    (2)   has purchased or acquired control of a property located in the County where service employees were employed at any time during the previous 90 days; or

    (3)   terminates a service contract and hires service employees as its direct employees to perform services that are substantially similar, within 90 days after a service contract is terminated or cancelled.

  (b)   This Article does not limit the ability of an awarding authority to terminate a service contract or replace a contractor with another contractor.

**Sec. 27-65. Transition employment period.**

  (a)   Awarding authority. At least 15 days before a service contract is terminated, an awarding authority must:

    (1)   request the terminated contractor to give the successor contractor a complete list of the name, date of hire, and job classification of each service employee working on the service contract;

    (2)   give the successor contractor a complete list of the name, date of hire, and job classification of each service employee of the terminated contractor working on the service contract;

    (3)   notify the collective bargaining representative, if any, of the affected service employees of the pending termination of the service contract; and

    (4)   ensure that the terminated contractor conspicuously posts, at any affected work site, a written notice to all affected service employees describing the pending termination of the service contract and the employee rights provided by this Article.

    (5)   Where the County is the awarding authority in this Section:

      (A)   terminated or cancelled means a termination for default, termination for convenience, or mutual termination as defined in Chapter 11B and the County procurement regulations; and

      (B)   this Section does not apply to a County service contract awarded by an emergency procurement or direct purchase as defined in Chapter 11B and the County procurement regulations.

  (b)   Successor contractor.

    (1)   Subject to paragraphs (3) and (4), each successor contractor must offer to retain each affected service employee at an affected site for 90 days or until the successor contract is terminated, whichever is earlier.

    (2)   Each successor contractor must give each affected service employee a written offer of employment for the 90 day transition period and send a copy to the employee’s collective bargaining representative, if any.  Each offer must:

      (A)   state the date by which the service employee must accept the offer; and

      (B)   allow the employee at least 10 days after receiving the notice to accept the offer.

    (3)   Each successor contractor may:

      (A)   offer employment to less than all of the affected service employees during the 90 day transition period if the successor contractor:

        (i)   finds that fewer service employees are required to perform the work than the terminated contractor had employed;

        (ii)   maintains a preferential hiring list of those employees not retained; and

        (iii)   hires any additional service employees from the list until all affected service employees have been offered employment; and

      (B)   refuse to retain a service employee who fails a pre-employment ineligibility test administered by the successor contractor if the successor contractor:

        (i)   routinely requires all service employees to undergo the ineligibility test as a condition of employment; and

        (ii)   adopted the ineligibility test as part of a written employment policy prior to bidding on the successor contract.

    (4)   Notwithstanding any other provision in this Subsection, a successor contractor awarded a County contract for residential solid waste, recycling, or yard waste collection and disposal must offer employment to the affected service employees during the 90 day transition period only to the extent the successor contractor needs to hire new employees to perform work on the contract.

    (5)   Each successor contractor must not discharge a service employee retained under this Section without just cause during the transition period.

**Sec. 27-66. Enforcement.**

  A service employee who was not offered employment or who was discharged during the transition period in violation of this Article, may file a complaint with the Director under Section 27-7.

### Article Xi. County Minimum Wage.

**Sec. 27-67. Findings and definitions.**

  (a)   Findings.

    (1)   Many persons employed in the County are paid wages which are insufficient to sustain minimum standards of living in the County.

    (2)   Minimum standards of living in the County are higher than the minimum standards of living in many other areas of the State.

    (3)   Minimum wage standards in the County are necessary to:

      (A)   promote the health and welfare of County residents;

      (B)   safeguard employers and employees against unfair competition;

      (C)   increase the stability of industry in the County;

      (D)   increase the buying power of employees in the County; and

      (E)   decrease the need for the County to spend public money for the relief of employees who also live in the County.

  (b)   Definitions.  As used in this Article:

    Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.

    Employ means to engage a person to work for compensation.

    Employee means any person permitted or instructed to work or be present by an employer in the County and who is an employee subject to the minimum wage requirements of the Federal Act or the State Act.

    Employer means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operating and doing business in the County that employs 1 or more persons in the County in addition to the owners. Employer includes the County government, but does not include the United States, any State, or any other local government.

    Federal Act means the federal Fair Labor Standards Act of 1938, as amended.

    State Act means the Maryland Wage and Hour Law, as amended.

    Wage means all compensation that is due to an employee for employment.

**Sec. 27-68. Minimum wage required.**

  (a)   County minimum wage.  Except as provided in subsections (c) and (d), an employer must pay wages to each employee for work performed in the County at least the greater of:

    (1)   the minimum wage required for that employee under the Federal Act;

    (2)   the minimum wage required for that employee under the State Act; or

    (3)   $15.00 per hour plus any annual adjustments under subsection (b).

  (b)   Annual adjustment.  The Chief Administrative Officer must adjust the minimum wage rate required under Subsection (a)(3), effective July 1, 2022, and July 1 of each subsequent year, by the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for Washington-Baltimore, or a successor index, for the previous calendar year. The Chief Administrative Officer must calculate the adjustment to the nearest multiple of five cents, and must publish the amount of this adjustment not later than March 1 of each year.

  (c)   Exclusions.  The County minimum wage does not apply to an employee who:

    (1)   is exempt from the minimum wage requirements of the State or Federal Act; or

    (2)   is under the age of 19 years and is employed no more than 20 hours per week.

  (d)   Opportunity wage.  An employer may pay a wage equal to 85% of the County minimum wage to an employee under the age of 20 years for the first six months that the employee is employed.

  (e)   Retaliation prohibited.  A person must not:

    (1)   retaliate against any person for:

      (A)   lawfully opposing any violation of this Article; or

      (B)   filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Article; or

    (2)   obstruct or prevent enforcement or compliance with this Article.

  (a)   until July 1, 2022, for a large employer as defined in subsection (d):

    (1)   effective July 1, 2018, $12.25 per hour;

    (2)   effective July 1, 2019, $13.00 per hour;

    (3)   effective July 1, 2020, $14.00 per hour; and

    (4)   effective July 1, 2021, $15.00 per hour.

  (b)   until the minimum wage under this subsection is equal to the minimum wage required under Section 27-68, for a mid-sized employer as defined in subsection (d):

    (1)   effective July 1, 2018, $12.00 per hour;

    (2)   effective July 1, 2019, $12.50 per hour;

    (3)   effective July 1, 2020, $13.25 per hour;

    (4)   effective July 1, 2021, $14.00 per hour;

    (5)   effective July 1, 2022, $14.50 per hour;

    (6)   effective July 1, 2023, $15.00 per hour; and

    (7)   effective July 1, 2024 until it is equal to the minimum wage required under Section 27-68, the minimum wage required under this subsection must be adjusted each year, to the nearest multiple of five cents, by:

      (A)   the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for Washington-Baltimore, or a successor index, for the previous calendar year; plus

      (B)   if the increase under subparagraph (A) is less than $0.50, one percent of the minimum wage required for the prior year, up to a total increase of $0.50.

  (c)   until the minimum wage under this subsection is equal to the minimum wage required under Section 27-68, for a small employer as defined in subsection (d):

    (1)   effective July 1, 2018, $12.00 per hour;

    (2)   effective July 1, 2019, $12.50 per hour;

    (3)   effective July 1, 2020, $13.00 per hour;

    (4)   effective July 1, 2021, $13.50 per hour;

    (5)   effective July 1, 2022, $14.00 per hour;

    (6)   effective July 1, 2023, $14.50 per hour;

    (7)   effective July 1, 2024, $15.00 per hour; and

    (8)   effective July 1, 2025 until it is equal to the minimum wage required under Section 27-68, the minimum wage required under this subsection must be adjusted each year, to the nearest multiple of five cents, by:

      (A)   the annual average increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for Washington-Baltimore, or a successor index, for the previous calendar year; plus

      (B)   if the increase under subparagraph (A) is less than $0.50, one percent of the minimum wage required for the prior year, up to a total increase of $0.50.

  (d)   In this Section:

    (1)   large employer means an employer who employs 51 or more employees;

    (2)   mid-sized employer means:

      (A)   an employer who employs between 11 and 50 employees; or

      (B)   an employer who employs 11 or more employees and:

        (i)   has tax exempt status under Section 501(c)(3) of the Internal Revenue Code; or

        (ii)   provides “home health services” as defined by 42 C.F.R. § 440.70 or “home or community-based services” as defined by 42 C.F.R. § 440.180, and receives at least 75% of gross revenues through state and federal Medicaid programs.

    (3)   small employer means an employer who employs 10 or fewer employees.

  (e)   For the purposes of subsections (a), (b), and (c), an employer’s number of employees must be calculated based upon the employer’s average number of employees per calendar week during the preceding calendar year for any and all weeks during which at least one employee worked for compensation.  For employers that did not have any employees during the preceding calendar year, the employer’s number of employees must be calculated based upon the average number of employees who worked for compensation per calendar week during the first 90 calendar days of the current year in which the employer engaged in business.  An employer’s number of employees must be calculated at the time the employer first becomes subject to this Act, and that employer remains subject to the applicable schedule under subsection (a), (b), or (c), regardless of the number of employees employed by the employer in subsequent years.

  (f)

    (1)   On or before January 31 of each year beginning in 2018 through 2024, to ensure that economic conditions can support a minimum wage increase scheduled under Section 2 of this Act, the Director of Finance must make a determination and certify to the Executive and Council whether each of the following conditions is met:

      (A)   total private employment for Montgomery County decreased by 1.5% over the period from April 1 to June 30 of the previous year.  The calculation must compare total private employment in June to total private employment in April, as reported by the Maryland State Department of Labor, Licensing, and Regulation’s Quarterly Census of Employment and Wages data series;

      (B)   total private employment for Montgomery County decreased by 2.0% over the period from January 1 to June 30 of the previous year.  The calculation must compare total private employment in June to total private employment in January, as reported by the Maryland State Department of Labor, Licensing, and Regulation’s Quarterly Census of Employment and Wages data series;

      (C)   the Gross Domestic Product of the United States, as published by the U.S. Department of Commerce, has experienced negative growth for the preceding two quarters; and

      (D)   the National Bureau of Economic Research has determined that the United States economy is in recession.

    (2)   If, in any year, the Director of Finance certifies that a condition in subparagraphs (A) through (D) of paragraph (1) is met, the Executive may, on or before February 10 of that year, temporarily suspend the minimum wage increases scheduled under subsections (a), (b), and (c) of Section 2 of this Act for that year.

    (3)   If the Executive temporarily suspends the scheduled minimum wage increases for a year, all dates specified in subsections (a), (b), and (c) that follow the temporary suspension must be postponed by an additional year.

    (4)   The Executive must not temporarily suspend scheduled minimum wage increases under this Section more than two times.

**Sec. 27-69. Tipped employees.**

  (a)   Definition.  As used in this Section, tipped employee means:

    (1)   an employee who:

      (A)   is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips;

      (B)   has been informed by the employer about the provisions of this Section; and

      (C)   has kept all of the tips that the employee received.

    (2)   Notwithstanding paragraph (1)(C), this Section does not prohibit the pooling of tips.

  (b)   Computation of wage.  Except as provided in subsection (c), an employer may include, as part of the wage of a tipped employee:

    (1)   an amount that the employer sets to represent the tips of the employee; or

    (2)   if the employee or representative of the employee satisfies the Director that the employee received a lesser amount in tips, the lesser amount.

  (c)   Limit.  The tip credit amount that the employer may include under subsection (b) must not exceed the County minimum wage less $4.00 per hour.

  (d)   Reports.  An employer who employs a tipped employee in the County must submit a quarterly wage report within 30 days after the end of each quarter to the Director certifying that each tipped employee was paid the minimum wage required by this Section.

  (e)   Online reporting system.  The executive must establish an internet based reporting system as an optional method for an employer of a tipped employee to submit the quarterly wage report required by subsection (d).

**Sec. 27-70. Enforcement.**

  (a)   A covered employee who was paid a wage rate less than the County minimum wage in violation of this Article may file a complaint with the Director under Section 27-7.

  (b)   The County Executive must delegate the authority to enforce this Article to a State agency that:

    (1)   enforces the State Act; and

    (2)   is legally authorized to enforce the County minimum wage.

  (a)   effective October 1, 2014, $8.40 per hour;

  (b)   effective October 1, 2015, $9.55 per hour; and

  (c)   effective July 1, 2016, $10.75 per hour."

  (a)   effective October 1, 2014, $8.40 per hour;

  (b)   effective October 1, 2015, $9.55 per hour; and

  (c)   effective October 1, 2016, $10.75 per hour.”

### Article Xii. Fair Criminal Record Screening Standards.

**Sec. 27-71. Findings and purpose; definitions.**

  (a)   Findings.

    (1)   The U.S. Department of Justice’s Bureau of Justice Statistics (BJS) estimates that over 92 million Americans, roughly one in three adults, have a criminal history record involving an arrest or conviction.

    (2)   According to the BJS, nearly 700,000 people a year return to their communities from incarceration, and many are job seekers who are ready and able to become part of the work force.

    (3)   Studies indicate that job applicants are often precluded from even getting an interview when applications require disclosure of whether the applicant has a criminal record.

    (4)   Lack of employment is a significant cause of recidivism, which threatens public safety and disrupts the financial and general stability of affected families and communities.

    (5)   Increased government expenditures on law enforcement and social programs, necessitated by the inability of people with criminal records to find gainful employment, are an impediment to the County reaching its potential for economic growth.

    (6)   Increasing employment of people with criminal records improves public safety and reduces the financial burden on government.

    (7)   In 2012, the United States Equal Employment Opportunity Commission (EEOC) issued enforcement guidance regarding employers’ use of criminal background information in making employment-related decisions, recommending that the use of such information is job related and consistent with business necessity.

  (b)   Purpose.  It is the purpose of this Article to:

    (1)   assist in the successful reintegration into the workforce of people with criminal records by removing improper barriers to employment; and

    (2)   enhance the health and safety of the community by assisting people with criminal records to lawfully provide for themselves and their families.

  (c)   Definitions.  As used in this Article:

  Applicant means a person who is considered or who requests to be considered for employment in the County by an employer or a current employee who requests to be considered for a promotion.

  Arrest record means information indicating that a person has been apprehended, detained, taken into custody, held for investigation, or otherwise restrained by a law enforcement agency or military authority due to an accusation or suspicion that the person committed a crime.

  Conditional offer means an offer of employment or an offer of a promotion that is conditioned solely on:

    (1)   the results of the employer’s later inquiry into the applicant’s criminal record; or

    (2)   another contingency expressly communicated to the applicant at the time of the offer.

  Conviction record means information regarding a sentence arising from a verdict or plea of guilty or nolo contendre, including a sentence of incarceration, a fine, a suspended sentence, and a sentence of probation.

  Criminal record report means a record of a person’s arrest and conviction history obtained from any source.

  Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.

  Employee means a person permitted or instructed to work or be present by an employer in the County.

  Employer means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operating and doing business in the County that employs 1 or more persons in the County. Employer includes the County government, but does not include the United States, any State, or any other local government.

  Employment means:

    (1)   any work for compensation; and

    (2)   any form of vocational or educational training, with or without compensation.

  Inquiry or Inquire means any direct or indirect conduct intended to gather information, using any mode of communication.

  Inquiry or Inquire does not include:

    (1)   a question about an applicant’s conviction record or arrest record when the existence of the record is disclosed by the applicant voluntarily and not in response to a question by the employer; or

    (2)   a question about an applicant’s employment history shown on the application or the applicant’s resume.

  Vulnerable adult means an adult who lacks the physical or mental capacity to provide for his or her own daily needs.

**Sec. 27-72. Prohibited inquiries; retaliation.**

  (a)   Inquiry on application. An employer must not require an applicant or potential applicant to disclose on an employment application the existence or details of the applicant’s or potential applicant’s arrest record or conviction record.

  (b)   Preliminary inquiry into criminal record. In connection with the proposed employment of an applicant, an employer must not, at any time before the extension of a conditional offer to the applicant:

    (1)   require the applicant to disclose whether the applicant has an arrest record or conviction record, or otherwise has been accused of a crime;

    (2)   conduct a criminal record check on the applicant; or

    (3)   inquire of the applicant or others about whether the applicant has an arrest record or conviction record or otherwise has been accused of a crime.

  (c)   Prohibition against inquiry into certain criminal records. In connection with the proposed employment of an applicant, an employer must not at any time require an applicant to disclose, conduct a criminal record check to determine, or otherwise inquire of the applicant or others, whether:

    (1)   the applicant has been arrested for, or has an arrest record for, a matter that did not result in a conviction; or

    (2)   the applicant has an arrest record or a conviction record for, or otherwise has been accused of:

      (A)   a first conviction of:

        (i)   trespass under §§ 6-402 or 6-403 of the Criminal Law Article of the Maryland Code; or

        (ii)   disturbance of the peace under § 10-201 of the Criminal Law Article of the Maryland Code;

      (B)   a conviction of a misdemeanor if at least 3 years have passed since:

        (i)   the date of the conviction; and

        (ii)   the date that any period of incarceration for the misdemeanor ended; or

      (C)   a matter for which records:

        (i)   are confidential under § 3-8A-27 of the Courts and Judicial Proceedings Article of the Maryland Code; or

        (ii)   have been expunged under §§ 10-101 – 10-110 of the Criminal Procedure Article of the Maryland Code.

  (d)   Consideration of Certain Records Prohibited. An employer must not base a hiring or promotion decision upon any item in an arrest record or a conviction record described under subsection (c).

  (e)   Retaliation. An employer must not:

    (1)   retaliate against any person for:

      (A)   lawfully opposing any violation of this Article;

      (B)   filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Article; or

    (2)   obstruct or prevent enforcement or compliance with this Article.

**Sec. 27-73. Rescission of a conditional offer based on criminal record.**

  (a)   If an employer intends to rescind a conditional offer based on an item or items in the applicant’s arrest record or conviction record, before rescinding the conditional offer the employer must:

    (1)   provide the applicant with a copy of any criminal record report;

    (2)   notify the applicant of the intention to rescind the conditional offer and the items that are the basis for the intention to rescind the conditional offer; and

    (3)   delay rescinding the conditional offer for 7 days to permit the applicant to give the employer notice of inaccuracy of an item or items on which the intention to rescind the conditional offer is based.

  (b)   If an employer decides to rescind a conditional offer based on the arrest record or conviction record of an applicant, the employer must notify the applicant of the rescission of the conditional offer in writing.

  (c)   Except as provided in this Section regarding the rescission of a conditional offer, nothing in this Article requires an employer to give notice to an applicant of any action of the employer or the basis for any action.

**Sec. 27-74. Exemptions.**

  (a)   The prohibitions and requirements of this Article do not apply if the inquiries prohibited by this Article are expressly authorized by an applicable federal, State, or County law or regulation.

  (b)   The prohibitions and requirements of this Article do not apply to the County Police Department, the County Fire and Rescue Service, or the County Department of Corrections and Rehabilitation.

  (c)   The prohibitions and requirements of this Article do not apply to an employer that provides programs, services, or direct care to minors or vulnerable adults.

  (d)   The prohibitions and requirements of this Article do not apply to an employer hiring for a position that requires a federal government security clearance.

**Sec. 27-75. Enforcement and Regulations.**

  (a)   A person aggrieved by an alleged violation of this Article may file a complaint with the Director under Section 27-7.

  (b)   The Executive must adopt Method (2) regulations to implement the provisions of this Article, including regulations necessary to inform prospective employees and employers of their rights and responsibilities under Section 27-72.

### Article Xiii. Earned Sick and Safe Leave.

**Sec. 27-76. Findings and Definitions.**

  (a)   Findings.

    (1)   Many persons employed in the County do not receive earned sick and safe leave.

    (2)   The absence of earned sick and safe leave often results in the unnecessary spread of disease in the County when:

      (A)   an employee without earned sick and safe leave is forced to work while ill; or

      (B)   a parent without earned sick and safe leave is forced to send a sick child to day care or school.

    (3)   Minimum standards for earned sick and safe leave in the County are necessary to:

      (A)   promote the health and welfare of County residents;

      (B)   safeguard employers and employees against unfair competition;

      (C)   increase the stability of industry in the County; and

      (D)   decrease the need for the County to spend public money for the relief of employees who also live in the County.

  (b)   Definitions.  As used in this Article:

    Abuse has the meaning defined in Section 4-501 of the Family Law Article of the Maryland Code, as amended.

    Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.

    Domestic violence means abuse against a person eligible for relief.

    Earned sick and safe leave means paid leave away from work that is provided by an employer under §27-77 and can be used for the purposes described in §27-79.  Earned sick and safe leave includes paid time off that can be used by the employee for any purpose.

    Employ means to engage a person to work for compensation.

    Employee means any person permitted or instructed to work or be present by an employer in the County, including a domestic worker as defined in Section 11-4B(b).  Employee does not include:

    (1)   an individual who:

      (A)   does not have a regular work schedule with the employer;

      (B)   contacts the employer for work assignments and is scheduled to work the assignments within 48 hours after contacting the employer;

      (C)   has no obligation to work for the employer if the individual does not contact the employer for work assignments; and

      (D)   is not employed by a temporary placement agency;

    (2)   an individual who regularly works 8 hours or less each week; or

    (3)   an individual who is an independent contractor.

    Employer means any person, individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operating and doing business in the County that employs 1 or more persons in the County in addition to the owners.  Employer includes the County government, but does not include the United States, any State, or any other local government.

    Family member means:

    (1)   a biological child, adopted child, foster child, or stepchild of the employee;

    (2)   a child for whom the employee has legal or physical custody or guardianship;

    (3)   a child for whom the employee is the primary caregiver;

    (4)   a biological parent, adoptive parent, foster parent, or stepparent of the employee or the employee’s spouse;

    (5)   the legal guardian of the employee;

    (6)   an individual who served as the primary caregiver of the employee when the employee was a minor;

    (7)   the spouse of the employee;

    (8)   a grandparent of the employee;

    (9)   the spouse of a grandparent of the employee;

    (10)   a grandchild of the employee;

    (11)   a biological, adopted, or foster sibling of the employee; or

    (12)   the spouse of a biological, adopted, or foster sibling of the employee.

    Health care provider means an individual licensed under State law to provide medical services.

    Person eligible for relief has the meaning stated in Section 4-501 of the Family Law Article of the Maryland Code, as amended.

    Sexual assault means:

    (1)   rape, sexual offense, or any other act that is a sexual crime under Title 3, Subtitle 3 of the Criminal Law Article of the Maryland Code, as amended;

    (2)   child sexual abuse under Section 3-602 of the Criminal Law Article of the Maryland Code, as amended; or

    (3)   sexual abuse of a vulnerable adult under Section 3-604 of the Criminal Law Article of the Maryland Code, as amended.

    Stalking has the meaning stated in Section 3-802 of the Criminal Law Article of the Maryland Code, as amended.

    Tipped employee means an employee who:

    (1)   is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips;

    (2)   has been informed by the employer about the provisions of this Section; and

    (3)   has kept all of the tips that the employee received.

**Sec. 27-77. Earned Sick and Safe Leave Required.**

  (a)   Earned sick and safe leave.  An employer must provide each employee earned sick and safe leave for work performed in the County paid at the same rate and with the same benefits as the employee normally earns.  A tipped employee must be paid at least the County minimum wage required under Section 27-68 for each hour the employee uses earned sick and safe leave.  An employer with fewer than 5 employees must provide each employee with both paid and unpaid sick and safe leave for work performed in the County as required in subsection (c).  An employee must accrue paid leave before accruing unpaid leave in a calendar year.

  (b)   Rate of accrual for an employer with 5 or more employees.  The paid earned sick and safe leave provided under subsection (a) must accrue at a rate of at least 1 hour for every 30 hours an employee works in the County, except an employer with 5 or more employees must not be required to allow an employee to:

    (1)   earn more than 56 hours of earned sick and safe leave in a calendar year; or

    (2)   use more than 80 hours of earned sick and safe leave in a calendar year.

  (c)   Rate of accrual for an employer with fewer than 5 employees.  The earned sick and safe leave provided under subsection (a) must accrue at a rate of at least 1 hour for every 30 hours an employee works in the County, except an employer with fewer than 5 employees must not be required to allow an employee to:

    (1)   earn more than 32 hours of paid earned sick and safe leave and 24 hours of unpaid earned sick and safe leave in a calendar year; or

    (2)   use more than 80 hours of earned sick and safe leave in a calendar year.

  (d)   Retaliation prohibited.  A person must not:

    (1)   retaliate against any person for:

      (A)   lawfully opposing any violation of this Article; or

      (B)   filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Article; or

    (2)   obstruct or prevent enforcement or compliance with this Article.

**Sec. 27-78. Minimum Earned Sick and Safe Leave Standards.**

  (a)   An employer may award earned sick and safe leave as the leave accrues during the calendar year or may award the full amount that an employee would earn over the entire calendar year at the beginning of a calendar year.

  (b)   To calculate the rate of accrual of earned sick and safe leave for an employee who is exempt from the overtime provisions of the Federal Fair Labor Standards Act, the employer must assume the employee worked the number of hours worked in a normal workweek up to 40 hours each workweek.

  (c)   Unless an employer awards the full amount of earned sick and safe leave that the employee would earn over the entire calendar year at the beginning of a calendar year, an employer must permit an employee to carry the balance of any unused earned sick and safe leave over to the next calendar year, but an employer must not be required to permit an employee to carry over more than 56 hours of unused earned sick and safe leave.

  (d)   If an employee is allowed to use earned sick and safe leave before it has accrued, or if an employee who receives the full amount of earned sick and safe leave at the beginning of the year and uses more than would have been earned up to that time, the employer may deduct the amount paid for the earned sick and safe leave from the wages paid to the employee on the termination of employment if:

    (1)   the employer and employee mutually consented to the deduction as evidenced by a document signed by the employee; and

    (2)   the employee leaves the employment of the employer before the employee has accrued the amount of earned sick and safe leave that was used.

  (e)   If an employee is rehired by an employer to work in the County within 9 months after leaving the employment, the employer must reinstate any unused earned sick and safe leave that the employee had when the employee left the employment except for when the employee voluntarily leaves work without good cause as defined in MD. LABOR & EMPL. CODE ANN. §8-1001.

  (f)   An employer may permit an employee to use earned sick and safe leave before the amount needed by the employee accrues.

  (g)   An employer must permit an employee to earn sick and safe leave during an initial 90-day probationary period, but may prohibit an employee from using earned sick and safe leave during an initial 90-day probationary period.

  (h)   This Article must not be construed to:

    (1)   require an employer to compensate an employee for unused earned sick and safe leave when the employee leaves the employer’s employment;

    (2)   prohibit an employer from adopting or retaining a general paid leave policy that meets the minimum requirement of this Article; or

    (3)   affect a provision of a contract, a collective bargaining agreement, an employee benefit plan, or any other agreement that requires the employer to provide general paid leave benefits that meet the minimum requirements of this Article.

**Sec. 27-79. Use of Earned Sick and Safe Leave.**

  (a)   An employee may use earned sick and safe leave:

    (1)   to care for or treat the employee’s mental or physical illness, injury, or condition;

    (2)   to obtain preventive medical care for the employee or the employee’s family member;

    (3)   to care for a family member with a mental or physical illness, injury, or condition;

    (4)   if the employer’s place of business has closed by order of a public official due to a public health emergency;

    (5)   if the school or child care center for the employee’s family member is closed by order of a public official due to a public health emergency;

    (6)   to care for a family member if a health official or health care provider has determined that the family member’s presence in the community would jeopardize the health of others because of the family member’s exposure to a communicable disease;

    (7)   for the birth of a child, or for the placement of a child with the employee for adoption or foster care;

    (8)   to care for a newborn, newly adopted, or newly placed child within one year of birth, adoption, or placement; or

    (9)   if the absence from work is due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member and the leave is used:

      (A)   by the employee to obtain for the employee or the employee’s family;

        (i)   medical attention needed to recover from a physical or psychological injury due to domestic violence, sexual assault, or stalking;

        (ii)   services from a victim services organization related to the domestic violence, sexual assault, or stalking; or

        (iii)   legal services, including preparing for or participating in a civil or criminal proceeding related to the domestic violence, sexual assault, or stalking; or

      (B)   during the time that the employee has temporarily relocated due to the domestic violence, sexual assault, or stalking.

  (b)   To use earned sick and safe leave, an employee must:

    (1)   request leave from the employer as soon as practicable after the employee determines that the employee needs to take leave;

    (2)   notify the employer of the anticipated duration of the leave; and

    (3)   comply with any reasonable procedures established by the employer when requesting and taking leave.

  (c)   An employer must not require an employee who requests earned sick and safe leave to search for or find an individual to take the employee’s place while the employee takes leave.

  (d)   An employer must not require an employee to:

    (1)   disclose specific details of the mental or physical illness, injury, or condition of the employee or the employee’s family member; or

    (2)   provide as certification any information that would violate the Federal Social Security Act or the Federal Health Insurance Portability and Accountability Act.

  (e)   By mutual consent of the employee and the employer, the employee may work additional hours or trade shifts with another employee during a pay period to make up the amount of work hours that the employee missed for which the employee could have used earned sick and safe leave.

  (f)   An employee may take earned sick and safe leave in the smallest increment that the employer’s payroll system uses to account for absences or work time, except that an employee must not be required to take earned sick and safe leave in an increment of more than 4 hours.

  (g)   An employer must provide an employee with a written statement of available earned sick and safe leave each time the employer pays wages to the employee.  An employer may satisfy this requirement through an online system where the employee can access their own earned sick and safe leave balances.

  (h)   An employer may require an employee who uses more than 3 consecutive days of earned sick and safe leave to provide reasonable documentation to verify that the leave was used appropriately.

**Sec. 27-80. Notice.**

  (a)   An employer must notify the employees that they are entitled to earned sick and safe leave under this Article.

  (b)   The notice must include:

    (1)   a statement of how earned sick and safe leave is accrued;

    (2)   the permitted uses of earned sick and safe leave;

    (3)   a statement that the employer must not retaliate against an employee for exercising the rights granted by this Article; and

    (4)   information about the employee’s right to file a complaint with the Director for a violation of any rights granted by this Article.

  (c)   The Director must create and publish a model notice in English, Spanish, and any other language that the Director finds is necessary that may be used by an employer to comply with subsection (b).

  (d)   An employer may provide notice by:

    (1)   displaying the model notice or another notice containing the same information in a conspicuous and accessible area at each of the employer’s work locations in the County;

    (2)   including the model notice or another notice containing the same information in an employee handbook or other written guidance distributed to all employees; or

    (3)   distributing the model notice or another notice containing the same information to each employee when the employee is hired.

**Sec. 27-81. Records.**

  (a)   An employer must keep, for at least 3 years, a record of:

    (1)   earned sick and safe leave accrued by each employee; and

    (2)   earned sick and safe leave used by each employee.

  (b)   After giving the employer notice and determining a mutually agreeable time for the inspection, the Director may inspect a record kept under subsection (a) for the purposes of determining whether the employer is complying with this Article.

**Sec. 27-82. Enforcement.**

  (a)   A covered employee who did not receive earned sick and safe leave in violation of this Article may file a complaint with the Director under Section 27-7.

  (b)   The County Executive may delegate the authority to enforce this Article to a State agency that is legally authorized to enforce the County earned sick and safe leave requirements.

### Article Xiv. Racial Equity and Social Justice Advisory Committee.

**Sec. 27-83. Racial Equity and Social Justice Advisory Committee.**

  (a)   Members. The Executive must appoint, subject to confirmation by the Council, a Racial Equity and Social Justice Advisory Committee. The Committee must have 17 voting members.

    (1)   Voting members. The members must reflect a range of ethnicities, professional backgrounds, socioeconomic status, and places of origin to reflect the racial, economic, and linguistic diversity of the County’s communities, with an emphasis on those most disproportionately impacted by inequities. Each member should have some experience in redressing disparate impacts based on race and social justice issues.

      (A)   One member should be a designee of a public education system in the County.

      (B)   One member should be the Chair of the Housing Opportunities Commission or the Chair’s designee.

      (C)   One member should be a designee of the County Council.

      (D)   One member should be an employee of the County Department of Health and Human Services.

      (E)   One member should be an employee of the County Department of Correction and Rehabilitation.

      (F)   One member should be a sworn officer of the County Police Department.

      (G)   One member should be the Chair of the Montgomery County Planning Board or the Chair’s designee.

      (H)   Ten members should be a public member with experience in redressing disparate impacts based on race and social justice issues. Each public member must reside in the County.

    (2)   Term. Each member serves a 3-year term. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.

    (3)   Compensation. Except for the 10 public members, members must receive no compensation for their services. Each of the 10 public members may receive an annual stipend of $2,000.00 and reimbursement for expenses incurred in serving.

  (b)   Chair and Vice Chair. The Committee must annually elect one member as chair and another as vice chair and may elect other officers.

  (c)   Meetings. The Committee may meet at the call of the chair as often as required to perform its duties, but at least 6 times each year. The Committee must also meet if a majority of the members submit a written request for a meeting to the chair at least 7 days before the proposed meeting. A majority of the members are a quorum for the transaction of business, and a majority of members present at any meeting with a quorum may take an action.

  (d)   Staff. The Office of Racial Equity and Social Justice must provide the Committee with staff, offices, and supplies as are appropriate.

  (e)   Duties. The Committee must:

    (1)   adopt rules and procedures as necessary to perform its functions;

    (2)   keep a record of its activities and minutes of all meetings, which must be kept on file and open to the public during business hours upon request;

    (3)   develop and distribute information about racial equity and social justice in the County;

    (4)   promote educational activities that increase the understanding of racial equity and social justice in the County;

    (5)   recommend coordinated strategies for reducing racial and social justice inequity in the County;

    (6)   advise the Council, the Executive, and County agencies about racial equity and social justice in the County, and recommend policies, programs, legislation, or regulations necessary to reduce racial and social justice inequity;

    (7)   meet periodically with the racial equity and social justice lead for each department and office; and

    (8)   submit an annual report by December 1 of each year to the Executive and Council on the activities of the Committee.

  (f)   Advocacy. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (g)   The Executive may establish one or more limited issue task forces to study and make recommendations on a specific racial equity and social justice issue. A limited issue task force established by the Executive ceases to exist once it has completed its assigned task. The appointment of members of a limited issue task force must not be subject to confirmation by the Council. Each recommendation of a limited issue task force must be shared with the Council, the Executive, and the Racial Equity and Social Justice Advisory Committee.

Transition and Effective Date.

(a)   The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020.

(b)   Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020.

### Article Xv. Minimum Work Week for Building Maintenance Workers.

**Sec. 27-84. Definitions.**

  As used in this Article:

  Building maintenance worker means an individual employed at a covered location performing janitorial services. A building maintenance worker does not include:

    (1)   a managerial or confidential employee;

    (2)   an employee who works in an executive, administrative, or professional capacity;

    (3)   an employee who earns more than twice the wage requirement established under Section 11B-33A; or

    (4)   an employee who temporarily replaces a building maintenance worker who is absent for less than one week.

  Covered employer means any person, individual, proprietorship, partnership, joint venture, corporation, Limited Liability Company, trust, association, or other entity operating and doing business in the County that employs one or more persons as a building maintenance worker at a covered location in the County. Covered employer includes the County government, but does not include the United States, any State, or any other local government.

  Covered leave means paid or unpaid leave voluntarily used by a building maintenance worker as authorized by Federal, State, or County law, a collective bargaining agreement, or a written employee handbook.

  Covered location means an office building or contiguous group of office buildings under common ownership or management occupying a total of 350,000 square feet or more in the County with an occupancy rate of 50% or more. Covered location does not include:

    (1)   an office building or group of office buildings owned by the United States, any State, or any local government; or

    (2)   a building used primarily for apartment or condominium dwelling units, retail stores, hospitals, schools, warehouses, parking garages, or data centers.

  Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.

  Employ means to engage a person to work for compensation.

  Minimum work week means the minimum number of compensated hours provided to a building maintenance worker in any work week.

  Office means a room, set of rooms, or a building where the business of a commercial or industrial organization or of a professional person is conducted.

  Work week means a fixed regularly recurring period of 168 hours or 7 consecutive 24 hour periods.

**Sec. 27-85. Minimum work week; enforcement.**

  (a)   Minimum work week. Except as provided in subsection (b), the minimum work week for each employee working as a building maintenance worker at a covered location for a covered employer must be at least 30 hours unless the employee is taking covered leave.

  (b)   A covered employer may preserve up to 30% of the total hours scheduled for all building maintenance workers at a covered location for part-time workers with a minimum shift of 4 hours per day and 20 hours per week per covered building maintenance worker.

  (c)   Complaints. A building maintenance worker who is aggrieved by a violation of this Article may file a complaint with the Director under Section 27-7.

  (d)   Retaliation prohibited. A person must not:

    (1)   retaliate against any person for:

      (A)   lawfully opposing any violation of this Article; or

      (B)   filing a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under this Article; or

    (2)   obstruct or prevent enforcement or compliance with this Article.

### Article Xvi. Employee Health Care Privacy.

**Sec. 27-86. Prospective Employees – Health Care Privacy.**

  (a)   Definitions. As used in this section:

  Americans with Disabilities Act means the federal Americans with Disabilities Act of 1990, as amended.

  Applicant means an individual seeking or applying for employment by an employer.

  Business-related health information means health care information that is necessary to evaluate whether an applicant meets a minimum qualification for a position.

  Director has the meaning stated in Section 27-6.

  Employee has the meaning stated in Section 27-6.

  Employer has the meaning stated in Section 27-6.

  Health care means any care, treatment, or procedure by a health care provider:

    (1)   to diagnose, evaluate, rehabilitate, manage, treat, or maintain the physical or mental condition of a patient or recipient; or

    (2)   that affects the structure or any function of the human body.

  Health care information means any individually identifiable information related to health care.

  Minimum qualification means a mandatory qualification that:

    (1)   must be met to perform the required job functions of the position; and

    (2)   was posted publicly prior to the acceptance of any application for the position.

  Sexual and reproductive health information means health care information related to any aspect of reproductive health, including abortion care, miscarriage, contraception, sterilization, pregnancy, sexually transmitted disease, fertility treatment, gender affirming care, and family planning.

  (b)   Requesting or considering health care information – Limitations.  Except as provided in subsection (d), an employer must not:

    (1)   request or seek health care information regarding an applicant; or

    (2)   consider health care information as a factor in determining whether to hire an applicant.

  (c)   Requesting reproductive health information – Prohibited.  The employer must not request or consider an applicant’s sexual and reproductive health information.

  (d)   This Section does not prohibit:

    (1)   an employer from requesting or seeking business-related health care information;

    (2)   an employer from considering business-related health care information solely to determine whether an applicant meets a minimum qualification;

    (3)   an applicant from voluntarily submitting, or an employer from processing, a request for a reasonable accommodation under the Americans with Disabilities Act related to the job application process; or

    (4)   if the applicant is already employed by the employer, an applicant from disclosing, or the employer from requesting, health care information necessary for:

      (A)   enrolling in or processing employee benefits;

      (B)   making or processing workers’ compensation claims;

      (C)   making or processing leave requests; or

      (D)   complying with applicable state or federal law.

  (e)   An applicant aggrieved under this section may file a complaint with the Director under Section 27-7.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 27A. Individual Water Supply and Sewage Disposal Facilities.

**Sec. 27A-1. Intent.**

  It is the intent of this chapter to assure an adequate supply of potable water for use on an individual lot, and to protect the public health by providing sanitary methods for the disposal of sewage on an individual lot. It is the general policy that connections must be made to community water supply and sewerage systems when such systems abut the lot, except when sewer or water service is unavailable by policy determination as stated in the county's comprehensive water supply and sewerage systems plan. It is intended that permits for individual water supply and sewage disposal systems will be issued only when community systems are unavailable, inadequate or connections are not economically feasible.

**Sec. 27A-2. Definitions.**

  The following words and phrases have the following meanings:

  Director: The Director of the Department of Permitting Services or the Director's designee.

  Individual sewage disposal system: A system, other than a public or community system, which receives liquid wastes or human excreta, or both, generated on the same lot. It includes a sewage treatment unit, effluent disposal area and related appurtenances.

  Individual water supply system: A well or other approved source of water, and all appurtenances thereto, including pumps and piping, for delivery of an adequate supply of potable water for use on the same lot.

  Permit: A written permission issued by the Director for the construction and/or maintenance of an individual water supply system or an individual sewage disposal system.

  Person: Any institution, individual, partnership, governmental entity, public or private corporation or other entity.

  Potable water: Water which is safe for human consumption.

  Lot: A measured parcel of land having fixed boundaries and designated on a plat or survey, together with any recorded easement satisfactory to the Director.

  Well: Any excavation that is drilled, cored, bored, driven, dug, jetted or otherwise constructed when the intended use of such an excavation is for the location, extraction or artificial recharge of ground water.

**Sec. 27A-3. Duties and responsibilities of director.**

  (a)   The director shall be responsible for the administration and enforcement of this chapter. The director shall receive applications, collect fees and issue permits for the construction, installation and maintenance of individual water supply and sewage disposal systems, and for related facilities and services, inspect the premises for which such permits have been issued; and enforce compliance with the provisions of this chapter and any rules and regulations promulgated hereunder.

  (b)   When there is evidence of hardship created by strict application of the provisions of this chapter, the director may, in writing, waive or vary such provision upon written application of the owner or his designated representative, provided that the public health and safety are assured.

**Sec. 27A-4. Regulations.**

  After consulting with the Washington Suburban Sanitary Commission, the Montgomery County Planning Board, and any other concerned agency, the county executive may adopt, under method (2) of section 2A-15 of this Code, regulations to implement this chapter.

**Sec. 27A-5. Permits.**

  (a)   It shall be unlawful for any person to construct, alter or extend an individual water supply system or an individual sewage disposal system within the county unless he holds a valid permit issued by the director in the name of such person, for the specific  construction, alteration or extension proposed.

  (b)   It shall be unlawful for any person to collect, transport and dispose of the solid and liquid contents of chemical toilets, holding tanks, septic tanks, seepage pits and privies unless he holds a valid permit issued by the director in the name of such person.

  (c)   All applications for permits shall be made to the director, who shall issue a permit upon compliance by the applicant with provisions of this chapter and any rules and regulations adopted hereunder.

  (d)   All applications shall be in writing, shall be signed by the applicant and shall include all information specified in rules and regulations adopted in accordance with the provisions of this chapter, and any other necessary information required by the director in accordance with this chapter.

  (e)   The County Executive must adopt a schedule of fees for permits required under this Chapter and related services such as special inspections, and field permits for the collection, transport, and disposal of solid and liquid wastes.  The County Executive must set these fees by executive regulation under method (3), except that fees for well inspection and testing must be set by executive regulation under method (2).

**Sec. 27A-6. Inspections.**

  (a)   The director is authorized and directed to make such inspections as are necessary to determine satisfactory compliance with the provisions of this chapter and any rules and regulations promulgated hereunder.

  (b)   It shall be the duty of the owner or occupant of a property to give the director access to the property at reasonable times for the purpose of making such inspections as are necessary to determine compliance with the provisions of this chapter and any rules and regulations promulgated hereunder.

  (c)   The director is authorized to establish procedures leading to the resolution of differences in field interpretations of this chapter, and the regulations promulgated hereunder.

**Sec. 27A-7. Abatement of excreta disposal nuisances.**

  It shall be unlawful for any person to discharge or cause to be discharged, sewage or sewage disposal effluent directly or indirectly into the ground surface, groundwaters, surface waters, storm sewers or abandoned wells, or maintain or operate a sewage disposal system in such a manner that it becomes a nuisance or adversely affects the public health, safety or welfare.

**Sec. 27A-8. Penalties.**

  Any persons violating the provisions of this chapter shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day that the violation continues shall be a separate offense.

**Sec. 27A-9. Conflicts of law.**

  Nothing in this chapter shall be construed to repeal or affect any powers, responsibilities or functions provided under state law.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 29. Landlord-Tenant Relations.

### Article I. In General.

**Sec. 29-1. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Accessory apartment or accessory dwelling unit: A residential unit that is:

  (a)   Either:

    (1)   In or added to an existing one-family dwelling, or

    (2)   In a separate accessory structure on the same lot as an existing one-family dwelling; and

  (b)   For use as a complete, independent living facility with provision within the accessory dwelling unit for cooking, eating, sanitation, and sleeping.

  Affected tenant: Any tenant whose health, safety and welfare is, or reasonably may be, impaired by a defective tenancy.

  Apartment complex: A set of related buildings that have the same landlord and that all contain multifamily rental dwelling units.

  Apartment hotel: Any building or portion of a building designated for or containing both guest rooms and dwelling units.

  Commission: The Commission on Landlord-Tenant Affairs.

  Common ownership community:

  (a)   a development subject to a declaration enforced by a homeowners' association, as those terms are used in State law;

  (b)   a condominium, as that term is used in State law; and

  (c)   a cooperative housing project, as that term is used in State law.

  Common ownership community fees means fees charged by the entity authorized to impose a fee on the owner or occupant of a housing unit in a common ownership community for services or the benefit of common areas in the community.

  County laws: Unless otherwise indicated, Chapter 27, Article II of Chapter 8, Chapter 22, Chapter 26 and Chapter 59 and all other housing-related laws and regulations.

  Defective tenancy: Any condition in rental housing that violates a term of the lease, this Chapter, or any other law or regulation.

  Department: The Department of Housing and Community Affairs.

  Director: The Director of the Department of Housing and Community Affairs or the Director's designee.

  Dwelling unit: That portion of a building that is designated, intended, or arranged for use or occupancy as a residence by one or more persons.  Dwelling unit includes:

  (a)   personal property, including a mobile home as defined in Section 29-66, located in the  County if the personal property is offered for lease as a residence;

  (b)   real property on which the personal property is situated (or will be situated) and that is necessary for the convenient use of the personal property; and

  (c)   property owned by the landlord that is available for use by the tenant in connection with the tenant's occupancy for which the tenant must pay rent.

  Dwelling unit does not include a rented room in a single family dwelling unit.

  Dwelling unit, multifamily:

  (a)   a dwelling unit that shares a common entrance from the outside with other dwelling units in the same building;

  (b)   a dwelling unit in a structure where units are arranged above or below, or next to, another dwelling unit;

  (c)   an accessory dwelling unit; or

  (d)   an individual living unit.

  Dwelling unit, single-family: A dwelling unit that has at least one direct entrance from the outside for the exclusive use of its occupants.  A single family dwelling unit may be detached from other dwelling units or share a side or rear wall with another dwelling unit.

  Governing body of a common ownership community: The council of unit owners, board of directors, or any other body authorized by an association document to adopt binding rules or regulations.

  Individual living unit: A private living accommodation, located in a personal living quarters building, that a tenant must agree to occupy for longer than 30 days, that may contain complete sanitation facilities and equipment for incidental food preparation, such as small portable kitchen appliances, but must not contain complete cooking facilities, such as a stove, oven, or similar device.

  Landlord: The owner, the owner's agent, lessor, or sublessor of the dwelling unit authorized to exercise any aspect of the management of the premises, except persons engaged solely in custodial and maintenance functions. In a condominium housing structure, the owner of any dwelling unit that is designated, intended, or arranged for use or occupancy as a residence by one or more persons and for which the owner receives consideration, and the owner's agent, is a landlord. In a cooperative housing structure, any person having an ownership interest in the legal entity that holds title to the cooperative housing structure and enjoys exclusive use of a dwelling unit and for which the party who has an ownership interest in the legal entity receives consideration for leasing the dwelling unit is a landlord.

  Lease: Any written agreement that establishes or modifies the terms, conditions, rules, regulations or any other provisions concerning the use and occupancy of a dwelling unit.

  Personal living quarters building: Any building or portion of a building that:

  (a)   contains at least 6 individual living units,

  (b)   has cooking facilities that the residents may share, and

  (c)   may also have shared sanitation facilities.

  Rental housing: Any structure, or combination of related structures and appurtenances, including a personal living quarters building and a mobile home park as defined in Section 29-66(1), in which a landlord provides to a tenant for consideration one or more dwelling units. Rental housing does not include:

  (a)   any transient housing, such as a guest room in an apartment hotel, boarding house, tourist home, inn, motel, hotel, school dormitory, hospital, or medical facility; or

  (b)   any housing operated for religious or eleemosynary purposes.

  Security deposit: Any payment of money, including the payment of the last month's rent before it is due, given to a landlord to offset nonpayment of rent or damage to the leased premises.

  Tenant: Any person who occupies a dwelling unit for living or dwelling purposes with the landlord's consent.

**Sec. 29-2. Legislative findings.**

  The County Council finds that there is often unequal bargaining power between landlords and tenants; that the common law principles under which leases are interpreted as grants of right of possession rather than mutual and dependent covenants evolved in an agricultural setting and are ill-suited to the modern residential setting of this urban county; that, in order to facilitate fair and equitable arrangements, foster the development of housing that will meet the minimum standards of the present day and promote the health, safety and welfare of the people, it is necessary and appropriate that the County appoint a commission and assign responsibilities to the Department to determine certain minimum rights and remedies, obligations and prohibitions, for landlords and tenants of certain kinds of residential property.

**Sec. 29-3. Purposes and policies.**

  (a)   This Chapter must be liberally construed and applied to promote its underlying purposes and policies.

  (b)   The underlying purposes and policies of this chapter are:

    (1)   To simplify and clarify the law governing the rental of dwelling units.

    (2)   To encourage landlords and tenants to maintain and improve the quality of housing in this county.

    (3)   To assure fair and equitable relations between landlords and tenants.

    (4)   To revise and modernize the law of landlord and tenant to serve more realistically the needs of an urban society developing in the County.

**Sec. 29-4. Applicability of chapter.**

  (a)   Subject to State law, this Chapter regulates and determines the legal rights, remedies and obligations of the parties and beneficiaries of any rental agreement concerning any rental dwelling unit located in the County.

  (b)   Any provision in a rental agreement, whether written or oral, that conflicts with this chapter is unenforceable under Section 29-28. An unenforceable provision does not affect other provisions of the agreement that can be given effect without the unenforceable provision.

  (c)   Any dwelling unit occupied by a person who has an ownership interest in the unit or by a person who is a relative of the landlord is exempt from this Chapter.  In this subsection, an ownership interest includes an interest owned by the landlord, the landlord's spouse or a minor child of either, jointly or severally, that exceeds in value 3 percent of the invested capital or capital stock of any business entity that owns or manages the dwelling unit.  In this subsection, relative means:

    (1)   the landlord's siblings, parents, grandparents, children and grandchildren, and their spouses; and

    (2)   the landlord's spouse and the spouse's siblings, parents, grandparents, children and grandchildren, and their spouses.

  (d)   Limited equity cooperatives are not subject to this Chapter.

**Sec. 29-5. Landlord-tenant affairs.**

  (a)   In selecting staff to carry out the responsibilities of the Department under this Chapter, the Director should consider the recommendations of the Commission. In proposing a budget to carry out this Chapter and in authorizing personnel and facilities, the County Executive should consider the recommendations of the Director and the Commission.

  (b)    The Department has jurisdiction over all complaints filed under this Chapter except as provided in Section 29-38.

  (c)    The Department has jurisdiction over all licenses granted, denied, revoked, suspended, or refused under this Chapter. In connection with this authority, each landlord must make available to the Director for inspection at reasonable times all rental housing and records necessary to enforce this Chapter or investigate any complaints filed under this Chapter.

**Sec. 29-6. Duties of Director.**

  In addition to any other power, duty, or responsibility assigned in this Chapter, the Director has the following duties:

  (a)   The Director may initiate investigations and conciliations of any alleged or apparent violation of this Chapter. In connection with this authority, all landlords must make available to the Director for inspection at reasonable times all rental housing and records necessary to enforce this Chapter or resolve any complaints filed under it.

  (b)   The Director must encourage landlords to meet with bona fide tenant associations or organizations upon a good faith request by an association or organization.

  (c)   In addition to any other duties, the Director must assist the Commission in carrying out its duties and implementing Commission regulations adopted under Section 29-10.

  (d)   In the case of condominium and cooperative rental units, the Director must encourage complaining parties to contact the council of unit owners or its designated agent or the board of directors of the condominium or cooperative, when appropriate, to attempt to resolve the dispute before filing a complaint under Article V.

  (e)   The Director may issue a subpoena to compel a landlord or tenant to produce relevant documents, papers, books, records or other evidence when a complaint has been filed under this Chapter.

  (f)   The Director must publish and maintain on the County website a model lease, drafted in clear language understandable to persons without legal training. The Director must make the model lease available in English, Spanish, French, Chinese, Korean, Vietnamese, and other languages, as determined necessary by the Director.

  (g)   The Director must publish and maintain on the County website, in a printable format, a Landlord-Tenant Handbook to serve as a practical guide for landlords and tenants summarizing their respective rights and responsibilities. The Director must make the Landlord-Tenant Handbook available in English, Spanish, French, Chinese, Korean, Vietnamese, and other languages, as determined necessary by the Director. The Director must review the handbook at least biennially and revise it as necessary.

  (h)   The Director must report on rental housing inspections to the Executive and the Council, by September 1 of each year. The report must include:

    (1)   the address of each property inspected during the prior fiscal year;

    (2)   the address of each property that has been inspected or is scheduled to be inspected on an annual or triennial basis during the current fiscal year;

    (3)   for each property inspected:

      (A)   a summary of violations by:

        (i)   number found;

        (ii)   number corrected; and

        (iii)   type of violation; and

      (B)   the status of any incomplete inspections.

    (4)   for each property required to have a corrective action plan under Section 29-22 in the prior fiscal year or during the current fiscal year, a list of:

      (A)   violations found;

      (B)   violations corrected; and

      (C)   the status of the corrective action plan;

    (5)   the number of citations issued to each landlord during the prior and current fiscal years;

    (6)   the amount of fines collected from each landlord during the prior and current fiscal years; and

    (7)   the number of calls to the County concerning rental housing complaints, by language of the caller.

  (i)   The Director must provide advocacy services and assistance to tenants in relation to their rights under this Chapter.

**Sec. 29-7. Cooperation in administration of Chapter.**

  The Commission, Department, and all County governmental agencies concerned with housing and real property must cooperate in the administration of this Chapter. The Commission and Department may, subject to the approval of the Chief Administrative Officer, use employees and facilities of other County departments in carrying out this Chapter, and these departments must make their resources available to the Commission and Department as approved by the Chief Administrative Officer.

**Sec. 29-8. Enforcement procedure.**

  (a)   Any violation of this Chapter, unless expressly specified otherwise, is a class A violation.

  (b)   If enforcing this Chapter requires the County to initiate criminal or civil proceedings, the County Attorney must initiate those proceedings after receiving a referral from the Commission or the Department. After the Commission or the Department has referred a matter to the County Attorney, the County Attorney must initiate appropriate legal action, as provided under this Chapter or any other applicable law, against any person that the Commission or the Department finds to be in violation.  However, if the County Attorney believes that additional information or action by the Commission or the Department is necessary to enable the County Attorney to take appropriate action, the County Attorney may refer the matter back to the Commission or the Department. Nothing in this Chapter limits the authority of the County Attorney to initiate prosecution or bring a civil action for violation of any County law or regulation whether or not the Commission or the Department has noted a violation of this Chapter.

  (c)   Recovery of attorney’s fees.  If the County is the prevailing party in any enforcement action, the County may recover costs and reasonable attorney’s fees.

### Article II. Commission on Landlord-Tenant Affairs.

**Sec. 29-9.  Creation; composition; applicant disclosure; term of office; compensation.**

  (a)   Creation.  The County Executive must appoint, subject to confirmation by the County Council, a Commission on Landlord-Tenant Affairs.

  (b)   Composition.

    (1)   The Commission has 12 members and 3 alternate members.  Each member must be a County resident.

    (2)   Four members and one alternate member each must be:

      (A)   an owner of rental housing located in the County;

      (B)   a manager, or an employee of a manager, of rental housing located in the County; or an attorney who primarily represents owners or managers of rental housing; or

      (C)   nominated by an organization that represents owners or managers of rental housing located in the County.

    (3)   Four members and one alternate member each must be:

      (A)   a tenant of rental housing in the County, or

      (B)   an attorney who primarily represents tenants of rental housing; or

      (C)   nominated by an organization that represents tenants of rental housing located in the County.

      A member appointed under this paragraph must not derive a substantial portion of his or her income from rental housing.

    (4)   Four members and one alternate member must be selected from the public at large.  A member appointed to represent the public at large must not be qualified for appointment under subparagraph (2)(A), (2)(B), (3)(A), or (3)(B), or otherwise derive a substantial portion of his or her income from rental housing or tenants of rental housing.

    (5)   As used in this subsection, an attorney primarily represents either owners and managers of rental housing, or tenants of rental housing, if at the time of appointment the attorney appeared in 10 or more landlord-tenant cases in any jurisdiction, and represented that type of client in more than 60% of the attorney's landlord-tenant cases, in the preceding 12 months.  As used in this subsection, a "substantial portion" of a person's income means, measured at the time of appointment, either:

      (A)   $10,000 or more of that person's family income during the preceding calendar year, or

      (B)   the ownership of more than 5% of any rental housing unit, or any ownership interest in any business that owns or manages rental housing.

      The Director must adjust the $10,000 amount in the preceding sentence each year by the increase or decrease in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, for the preceding calendar year, rounded to the nearest multiple of $10.

  (c)   Member disclosure.

Each member of the Commission must submit the financial disclosure statement required under Chapter 19A within 15 days after the Council confirms the member.

  (d)   Term.  The term of each member of the Commission is 3 years.  Each member continues to serve until a successor is appointed and confirmed.

  (e)   Compensation.  Members of the Commission serve without compensation, except reimbursement for expenses as appropriated.

  (f)   Termination of Term.  The term of a member terminates immediately if the member no longer qualifies to serve under subsection (b).  In that case, the alternate for the category under which a member was appointed automatically succeeds to the remainder of that member’s term.

  (g)   Vacancy.  The Executive must appoint a qualified person to fill each vacancy on the Commission within 30 days after the vacancy occurs.  The Council must decide whether to confirm the person that the Executive appoints within 30 days after the Executive submits the appointment to the Council.  A vacancy occurs when a member's term expires or a member resigns, dies, or is removed from office.

**Sec. 29-10. Powers and duties generally.**

  In addition to any other power, duty, or responsibility provided in this Chapter, the Commission has the following powers and duties:

  (a)   The Commission may adopt regulations under method (2) as necessary to carry out this Chapter.

  (b)   The Commission may enforce this Chapter through any appropriate means, including:

    (1)   providing any services available through the Department;

    (2)   awarding money damages against a landlord or tenant for the benefit of either, as provided in this Chapter;

    (3)   ordering repairs by a landlord or tenant;

    (4)   investigating and conciliating any violation of or complaint filed under this Chapter, and investigating any matter relating to a license to operate a rental housing; and

    (5)   imposing a monetary penalty against a landlord or tenant when a penalty is specified in a law enforced by the Commission, including an award up to three times the amount of any part of a security deposit withheld by a landlord without a reasonable basis.

  (c)   The Commission must provide information that the County Council or County Executive may require.

**Sec. 29-11. Officers; meetings; quorum; voting.**

  (a)   Officers.  The Commission must elect from its members a chair, vice-chair, and any other officers the Commission deems necessary.  Each officer serves at the pleasure of the Commission.

  (b)   Meetings.

    (1)   The chair calls all Commission meetings.

    (2)   The Commission must meet as often as necessary to perform its duties, but not less often than once each month.

    (3)   The chair must call a meeting within 10 days after receiving a request from a majority of the members.

  (c)   Quorum.

    (1)   A majority of the members of the Commission is a quorum for the transaction of business.

    (2)   Any official action of the Commission requires a majority vote of the members present at the meeting, but not less than 5 members.

  (d)   Alternates.  If a Commission member is absent from a meeting, the alternate for the category under which the absent member was appointed may participate and vote at that meeting in place of the absent member.

**Sec. 29-12. Staff services.**

  The Department must provide staff support to the Commission.

**Sec. 29-13. Ex-officio members; committees; advisory committees.**

  (a)    The Commission may, in its discretion, appoint non-voting ex-officio members to assist in the performance of its duties.

  (b)    The chair of the Commission may, with the approval of the Commission, appoint committees from its members to assist in carrying out any function of the Commission. Any committee appointed must consist of not less than 3 members, and no more than 2 members of any committee may be from any group listed in Section 29-9(b)(2), (3), or (4). Committee actions are not the actions of the Commission and do not bind the Commission or its members.

  (c)    The chair of the Commission may appoint advisory committees of citizens and at least one Commission member who in the judgment of the chair will aid the Commission in carrying out this Chapter. Advisory committee actions are not the actions of the Commission and do not bind the Commission or its members.

**Sec. 29-14. Commission panels authorized; decisions; appeal.**

  (a)    When warranted by the size of the caseload or length of required hearings, the chair of the Commission may designate 3 members of the Commission, one of whom must be a tenant member, one of whom must be a landlord member and one of whom must be a public at large member, to sit as a panel to conduct a hearing on any complaint or appeal pending before the Commission. The chair must designate one panel member to serve as panel chair. Depending on the extent to which panels are used, the chair of the Commission must rotate panel membership among members of the Commission.

  (b)    If a Commission panel hears a matter, any panel member must not participate in the final decision if the member has not attended each session of the hearing. All official action by the panel must be taken by the vote of not less than 2 members of the panel. If a Commission member's term expires while the member serves on a hearing panel, that member may continue to participate in the panel until the panel has rendered a final decision.

  (c)    Except as otherwise provided in this Section, the provisions of this Chapter pertaining to the conduct of hearings before the Commission apply to hearings conducted by Commission panels.

  (d)    Decisions of a Commission panel are final and may be appealed to the Circuit Court as if they were decisions of the full Commission.

  (e)    If a Commission panel is unable to decide any complaint or appeal pending before it due to a tie vote resulting from the failure of any panel member to vote, the complaint or appeal must be referred to the entire Commission for the Commission's decision, based on the record established before the Commission panel, without further hearing.

**Sec. 29-15. Reports to County Executive and County Council.**

  The Commission must, within 30 days following each quarter of the calendar year, report to the County Executive and County Council on the number of complaints filed during that quarter, and the nature and disposition of each complaint. This report must list all court cases arising under this Chapter.

### Article III. Licensing of Rental Housing.

**Sec. 29-16. Required.**

  (a)    The owner of a dwelling unit must obtain a rental housing license before operating the dwelling unit as rental housing. If the owner is a corporation, the corporation must be qualified to do business in Maryland under state law.  Each owner must certify to the Department the name, address and telephone number of an agent who resides in Maryland and is qualified to accept service of process on behalf of the owner.

  (b)    The Director must issue three classes of rental housing licenses.  Class 1 is a multifamily rental housing license. Class 2 is a single-family rental housing license.  Class 3 is a single-family accessory apartment license.

  (c)    A Class 1 rental housing license is required for each apartment complex and personal living quarters building, and for each multifamily dwelling unit operated as rental housing.  A Class 2 rental housing license is required for each single-family dwelling unit operated as rental housing.  A Class 3 license is required for each single-family residence with an accessory apartment that does not have a special exception approved before May 20, 2013.

  (a) issue a rental housing license for more than six personal living quarters buildings; or

  (b) issue a rental housing license for more than one personal living quarters building in any policy area designated in the County Growth Policy.

  The Department must issue an annual report not later than February 1 each year which must describe each personal living quarters building licensed during the previous year and may contain any other information about personal living quarters buildings that would assist the Council and Executive in deciding whether to allow further licensing of personal living quarters buildings beyond that allowed under this Section."

**Sec. 29-17. Notice of Chapter 53A required.**

  The Director must not issue a license to operate rental housing that is subject to Chapter 53A unless a notice is recorded in County land records that transfer of an interest in the rental housing is subject to Chapter 53A.

**Sec. 29-18. Penalty for failure to license or to comply with Commission orders or summons.**

  (a)    Any person has committed a class A violation if the person:

    (1)   operates, attempts to operate, or permits the operation of rental housing that the person owns without first having obtained a rental housing license, or

    (2)   does not comply with a Commission order or summons.

    If a person stops operating rental housing, no penalty will apply during the sixty-day period that tenants have to vacate the housing as specified in Section 29-25.

  (b)    In addition to any criminal or other penalty provided in this Chapter, the County Attorney may initiate an appropriate civil action to correct any violation of this Article under Section 29-8, and any court with jurisdiction may issue restraining orders, temporary or permanent injunctions or other appropriate relief.

**Sec. 29-19. Licensing procedures.**

  (a)    To obtain a rental housing license, the prospective operator must apply on a form furnished by the Director and must pay the required fee. If the Director notifies the applicant of any violation of law within 30 days, the Director may issue a temporary license for a period of time the Director finds necessary to achieve compliance with all applicable laws.

  (b)   Accessory dwelling unit rental license.

    (1)   An owner of a lot or parcel in a zone that permits accessory dwelling units must obtain a license to operate an accessory dwelling unit to live in or to rent if:

    (A)   the owner places a sign provided by the Director on the lot of the proposed accessory dwelling unit within 5 days after the Director accepts an application license. The sign must identify any requested waivers under Section 29-26(b). The sign provided by the Director must remain in place on the lot for a period of time and in a location determined by the Director.

      (B)   the principal dwelling or accessory dwelling unit is the primary residence of the applicant for an accessory dwelling unit rental license.  Evidence of primary residence includes:

        (i)   the owner’s most recent Maryland income tax return;

        (ii)   the owner’s current Maryland driver’s license; or

        (iii)   the owner’s real estate tax bill for the address of the proposed accessory dwelling unit;

      (C)   the applicant certifies to the Director that an accessory dwelling unit is not prohibited by any common ownership community governing documents and any common ownership community fees for the dwelling unit are no more than 30 days past due; and

      (D)   the Director finds that:

        (i)   the accessory dwelling unit satisfies the standards for an accessory dwelling unit in Section 59.3.3.3 and if needed, a Hearing Examiner granted a waiver under Section 29-26; or

        (ii)   the accessory dwelling unit was approved under Article 59-G as a special exception under the Zoning Ordinance applicable before October 30, 2014 or under 2014 Zoning Ordinance § 59.3.3.3 as a conditional use.

    (2)   Upon receipt of an application for an accessory dwelling unit license, the Director must:

      (A)   send a copy of the application to the Office of Zoning and Administrative Hearings and the governing body for any applicable common ownership community, within 5 days after the date the application was accepted by the Director;

      (B)   inspect the lot or parcel identified in the application and the proposed accessory dwelling unit;

      (C)   complete a report on any repairs or improvements needed to approve the application;

      (D)   issue a report on all required findings within 30 days after the date the application was accepted by the Director;

      (E)   post a copy of the Director’s report on findings on the internet web site identified on the applicant’s sign; and

      (F)   issue or deny a new license 30 days after the issuance of the Director’s report unless:

        (i)   a timely objection is filed under Section 29-26; or

        (ii)   improvements to the property are required before the license may be approved.

    (3)   The Director may renew a license for an accessory dwelling unit at the request of the applicant if:

      (A)   the applicant:

        (i)   attests that the number of occupants will not exceed the requirements of Section 26-5 and there will be no more than 2 residents in the dwelling unit who are older than 18 years;

        (ii)   attests that one of the dwelling units on the lot or parcel will be the primary residence of the owner; and

        (iii)   acknowledges that by obtaining a license the applicant gives the Director the right to inspect the lot or parcel including the accessory dwelling unit.

    (4)   The Director may renew a Class 1 license for an accessory dwelling unit that was approved as a special exception, as a Class 1 license if the conditions of the special exception remain in effect and the applicant is in compliance with those conditions.

    (5)   The Director may transfer an accessory dwelling unit license to a new owner of a licensed dwelling unit if the new owner applies for the transfer. The conditions and fees for any transfer are the same as the conditions and fees for a license renewal.

    (6)   The Director must maintain a public list and map showing each Class 3 license and each accessory dwelling unit with a Class 1 license.

  (c)    Where a rental building has not been completely constructed or renovated, the Director may issue a temporary license for that part of the building that has been completely constructed or renovated if the landlord has:

    (1)   obtained a temporary certificate of occupancy under Chapter 8; and

    (2)   complied with all other applicable laws.

However, the temporary license expires when a license to operate the entire building is issued.

  (d)    The Director must not issue a rental housing license for a personal living quarters building unless the applicant has submitted a satisfactory management plan. The plan must specify who will manage the building and explain what the manager will do to achieve acceptable levels of safety, sanitation, and security in the building's common areas.

  (e)   Common ownership community fees.

    (1)   The Director must not issue or renew a rental housing license for a dwelling unit in a common ownership community unless the owner certifies that the common ownership community fees for the dwelling unit are no more than 30 days past due.  If a common ownership community decides to charge a fee to certify that the common ownership fees for a dwelling unit have been paid, the fee must be no more than $25.

    (2)   The Director may deny, suspend, revoke, or refuse to renew a housing rental license for a dwelling unit in a common ownership community if the governing body of a common ownership community submits proof of unpaid common ownership community fees for the dwelling unit through:

      (A)   a recorded statement of lien obtained under the Maryland Contract Lien Act; or

      (B)   an unsatisfied judgment against the owner.

  (f)   Each licensee must give the Department a current address for the receipt of mail.  If the Department sends first class or certified mail to the licensee at the designated address and the mail is returned as undeliverable, the Department may treat the mail as having been received.

**Sec. 29-20. Fees.**

  (a)   Except as provided in subsections (b) and (c), the annual license fee per dwelling unit is:

    (1)   for a Class 1 multi-family rental facility license:

      (A)   $44.00 per dwelling unit in an apartment complex or an accessory dwelling unit approved by special exception; and

      (B)   $59.00 per dwelling unit for all others;

    (2)   for a Class 2 single-family rental facility license, $101.00 per dwelling unit;

    (3)   for a Class 3 accessory dwelling unit license $101.00 per unit.

  (b)   Fee exemption for an accessory dwelling unit occupied by an individual with disabilities.

    (1)   A license applicant is exempt from any fee associated with the licensure of an accessory dwelling unit occupied by an individual with disabilities.

    (2)   To establish that an individual with disabilities occupies an accessory dwelling unit, a license applicant annually must certify, on a form provided by the Director, that an occupant of the accessory dwelling unit:

      (A)   receives Social Security Disability benefits based on blindness or disability under Title II of the Social Security Act, as amended;

      (B)   receives Supplemental Security Income benefits based on blindness or disability under Title XVI of the Social Security Act, as amended;

      (C)   receives disability compensation from the U.S. Department of Veterans Affairs;

      (D)   is the beneficiary of an ABLE account under Section 529A of the Internal Revenue Code, as amended; or

      (E)   has a written certification, signed by a physician licensed in the State of Maryland, that the individual:

        (i)   has a severe medically determinable impairment that results in marked and severe functional limitations, which have lasted, or can be expected to last, for at least 12 months or to result in death; or

        (ii)   is blind, which means the individual has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.

    (3)   If the Director requests evidence sufficient to verify the information certified under this subsection, the license applicant or licensee must provide such evidence.

    (4)   The Director must protect the confidentiality of any individual health information received under this Section to the maximum extent permitted by law.

  (c)   Annual fee exemption for a rent-free accessory apartment.

    (1)   A license applicant is exempt from the annual license fee under subsection (a) for an accessory apartment if the applicant does not charge rent for the apartment.

    (2)   To qualify for an exemption under this subsection, a license applicant annually must certify, on a form provided by the Director, that the applicant does not charge rent for the apartment.

    (3)   If the Director requests evidence sufficient to verify the information certified under this subsection, the license applicant or licensee must provide such evidence.

  (d)   By method (3) regulation, the Executive may establish annual fees that are:

    (1)   higher than those specified in subparagraph (a); and

    (2)   in amounts sufficient to pay the costs of administering this Chapter.

**Sec. 29-21. Display of license.**

  The licensee for an apartment complex or a personal living quarters building must display the rental housing license in the lobby, vestibule, rental office, or other prominent public place on the premises during the entire period the license is effective.  In all other licensed rental dwelling units the landlord need not display the license.

**Sec. 29-22. Inspection of rental housing.**

  (a)   Except as provided in this Section, the Director must inspect each apartment complex and personal living quarters building licensed as rental housing, at least once within each three-year period to determine if it complies with all applicable laws.  The Director may inspect an apartment complex or personal living quarters building more often than the triennial inspection.

  (b)   The Director must inspect, at least once each year, any rental housing which, after inspection, the Director:

    (1)   finds in violation of any applicable law that adversely affects the immediate health and safety of the tenants, including:

      (A)   rodent or insect infestation affecting 20% or more units in a building;

      (B)   extensive and visible mold growth on interior walls or surfaces exposed to the occupied space;

      (C)   windows that do not permit a safe means of egress;

      (D)   pervasive and recurring water leaks that result in chronic dampness, mold growth, or personal property damage in more than one unit; or

      (E)   lack of one or more working utilities that is not shut off due to tenant non-payment, including:

        (i)   natural gas;

        (ii)   electricity;

        (iii)   water;

        (iv)   sewage disposal; or

    (2)   determines to be a troubled property, under a procedure established by method (2) regulation that:

      (A)   classifies violation types by severity; and

      (B)   rates properties by:

        (i)   severity of violations; and

        (ii)   quantity of violations.

  (c)   The Director must require a corrective action plan for any property subject to annual inspections under subsection (b). A property required to develop and implement a corrective action plan must be inspected at least once each year until the Director determines that the corrective action plan has been successfully completed.

  (d)   The Director may inspect any other rental housing if the Director receives a complaint or a request from a landlord or tenant or believes that the rental housing does not comply with all applicable laws.

  (e)   As a condition of receiving a license under this Chapter, a landlord must agree to:

    (1)   allow access to the Department for any inspection required under this Chapter or Chapter 26;

    (2)   notify any affected tenant whose unit requires inspection at least 72 hours in advance of a scheduled inspection under subsection (a) of this Section; and

    (3)   when subject to annual inspection under subsection (b), provide quarterly updates to the Director listing all maintenance requests received by the landlord from tenants.

  (f)   If an inspection indicates that any rental housing does not comply with all applicable laws, the Director must notify the landlord in writing and order correction of each violation within a specified period of time. If the landlord does not correct the violation in the specified period of time, the Director may:

    (1)   authorize a tenant to:

      (A)   have the violation corrected by a licensed contractor selected from a list maintained by the Director; and

      (B)   deduct the reasonable cost of the repair up to the amount of one month’s rent, from the tenant’s rent; or

    (2)   revoke the license or take other remedial action under Section 29-25.

  (g)   A landlord of licensed rental housing notified after initial inspection of a violation of applicable laws must pay the cost of the third, and subsequent inspections, as established by regulation, if the violation is not corrected by the second inspection.

  (a)   The Director must, by July 1, 2019, inspect a sample of each multifamily rental property for which a certificate of occupancy was issued before January 1, 2015.

  (b)   The Director must provide to the Council, by January 15, 2017, a plan to inspect rental housing under subsection (a) that includes:

    (1)   a means of prioritizing inspections;

    (2)   standardized inspections for all units; and

    (3)   an estimate of the cost for conducting the inspections.

**Sec. 29-23. License terms and renewal.**

  Each license must be issued for a term of one year, renewable for additional one-year terms, subject to payment of the license fee and compliance with all applicable laws. Renewal of licenses must follow procedures established by the Director.

**Sec. 29-24. Transferability.**

  (a)    If an applicant for or the holder of a license transfers ownership or no longer is an agent for the licensed rental housing or changes address, the applicant or licensee must notify the Department within 10 days of the change. The Director may reject an application or suspend or revoke a license if the applicant or licensee does not notify the Department as required by this subsection.

  (b)    Any person who takes over the operation of licensed rental housing may transfer the license for the unexpired portion of the term for which it was issued by applying to the Director within 15 days after taking over operation and paying a license transfer fee of at least $5 per dwelling unit, but not exceeding $25. Nothing in this Section affects the validity of any sale, transfer, or disposition of any interest in real estate.  This subsection does not apply to accessory dwelling units.

  (c)    Whenever the ownership of any rental housing changes hands, the transferor must notify all tenants of the name, address and office location of the transferee. If the transferee is a corporation, the transferor must list the name and address of the resident agent of the transferee.

**Sec. 29-25. Denial, revocation or suspension.**

  (a)    The Director may revoke, deny, or suspend a license for all or part of any rental housing at any time if the landlord, after 10 days' written notice, does not eliminate or initiate bona fide efforts to eliminate violations of applicable laws. Revocation, denial or suspension of a license is in addition to, and not a substitute for, any other penalties  provided for the violations.

  (b)    If a license is revoked or any application, including an application for license renewal, is denied, and the landlord stops renting the housing, the landlord must give any tenants occupying the housing 2 months written notice to vacate the premises.  The 2 month period must begin on the first day of the month after service of the notice. In addition, a copy of the notice must be delivered to the Director.

  (c)   Any person aggrieved by an action of the Director under this Article may, within 10 days after receiving written notice of the action, appeal that action to the Commission by filing a notice of appeal with the Director. Except for the revocation of a license, an appeal does not stay the Director's action unless the Commission stays the action for good cause. An appeal does not stay revocation of a license.

  (d)   Within 15 days after a notice of appeal is filed, the Commission or a panel designated under Section 29-14 must conduct a hearing, at which the person aggrieved must have an opportunity to be heard. The hearing must be open to the public and the Commission must maintain records and minutes. The Commission may summon all witnesses it deems necessary. A summons so issued must be signed by the chair of the Commission or the chair's designee and requires the attendance of named persons and the production of relevant documents and records. Failure to comply with the summons is a violation of this Chapter.

  (e)   Within 10 days after the hearing, the Commission or Commission panel must, by order, either reverse, modify, or affirm the action appealed.  The Commission or Commission panel must issue its findings, opinions, and orders in writing and provide a copy to the person aggrieved. The Commission may extend the time for any hearing and the issuance of any findings, opinions, and orders.

**Sec. 29-26. Appeals, Waivers, and Objections.**

  (a)   Any person aggrieved by a final action of the Commission rendered under this Article may appeal to the Circuit Court under the Maryland Rules of Procedure for judicial review of a final administrative agency decision. An appeal does not stay enforcement of the Commission’s order.

  (b)   Waivers and objections concerning any new accessory dwelling unit license.

    (1)   The applicant for a new license for an accessory dwelling unit may request a waiver of a standard to the extent allowed by Section 59.3.3.3 or object to an adverse finding of fact by the Director by filing a waiver or an objection and a request for a hearing with the Office of Zoning and Administrative Hearings.

    (2)   Any other aggrieved person may file an objection and request for a hearing with the Office of Zoning and Administrative Hearings by:

      (A)   objecting to any finding of fact by the Director; or

      (B)   alleging that on-street parking is inadequate.

    (3)   A request for a waiver or an objection must be submitted to the Office of Zoning and Administrative Hearings within 30 days after the date of the Director’s report and must state the basis for the waiver or objection.

    (4)   The Hearing Examiner must send notice of an adjudicatory hearing to the applicant and any aggrieved person who filed an objection within 10 days after the waiver or objection is received and conduct any such hearing within 30 days of the date the objection is received unless the Hearing Examiner determines that necessary parties are unable to meet that schedule.

    (5)   The Hearing Examiner may only decide the issues raised by the waiver or objection.

    (6)   The Hearing Examiner may waive on-site parking standards if:

      (A)   the available on-street parking for residents within 300 feet of the proposed accessory dwelling unit would permit a resident to park on- street near his or her residence on a regular basis; and

      (B)   the proposed accessary dwelling unit is not likely to reduce the available on-street parking within 300 feet of the proposed accessory apartment.

    (7)   The Hearing Examiner may find that more than the minimum on-site parking must be required as a condition of the license and may impose other conditions to assure adequate parking on granting the waiver.

    [(8)]   [Reserved.]

    (9)   The Hearing Examiner may consolidate public hearings on any requested waivers and any objections to the Director’s findings that involve the same license application.

    (10)   The Hearing Examiner must issue a final decision within 30 days after the close of the record of the adjudicatory hearing. If both a waiver request and an objection relating to the same accessory apartment license application are filed, the Hearing Examiner must issue a final decision within 30 days after the close of the record in both cases.

    (11)   The Director must issue or deny the license based on the final decision of the Hearing Examiner.

    (12)   Any party aggrieved by the Hearing Examiner’s decision on an objection or a waiver may request the Circuit Court to review the Hearing Examiner’s final decision under the Maryland Rules of Procedure.  An appeal to the Circuit Court does not automatically stay the Director’s authority to grant a license.

### Article IV. Landlord-Tenant Obligations.

**Sec. 29-27. Contents of lease.**

  Each lease for rental housing located in the County must:

  (a)   Not contain a waiver of notice to quit.

  (b)   Contain no waiver of the landlord's liability for damage caused by the landlord's negligence or violation of any applicable laws, and provide for reimbursement to the tenant for any damage sustained by the tenant due to the negligence of the landlord.

  (c)   Acknowledge the landlord's responsibility for maintenance of the rental housing and incorporate by reference Chapter 8, Chapter 22, Chapter 26, and Chapter 59, as an express warranty of habitability and covenant to repair.

  (d)   Except as provided in subsection (c), incorporate no collateral agreement or provision by reference unless a copy of the collateral agreement or provision is attached to all copies of the lease.

  (e)   Not authorize any confession of judgment for rent due.

  (f)   Contain no provision for penalty for late payment in excess of 5 percent of the amount of rent due for the rental period for which payment is delinquent.

  (g)   Contain no waiver of any right or protection afforded under this Chapter.

  (h)   Contain no provision authorizing the lessor to take possession of the leased premises or the tenant's personal property on the premises without formal legal process.

  (i)   Require itemization of all charges for repair of damages to the premises, claimed by the landlord or tenant, and providing that the charges must be substantiated upon written request.

  (j)   Require the deposit of all security deposits in accordance with state law.

  (k)   Notify the tenant where the tenant can inspect a copy of the rental housing license.

  (l)   Require a minimum of 10 days before late fees may be charged.

  (m)   Contain a covenant that the landlord will deliver the leased premises and all common areas in a clean, habitable and sanitary condition, free of rodents and vermin, and in complete compliance with all applicable laws. In a condominium or cooperative housing structure, the landlord is required to deliver only the dwelling unit in a clean, habitable and sanitary condition, free of rodents and vermin, and in complete compliance with all applicable laws.

  (n)   Contain no agreement by a tenant to:

    (1)   waiver the right to a trial by jury;

    (2)   pay court costs that exceed actual costs awarded by a court; or

    (3)   pay legal costs or attorney fees other than those awarded by a court after the court finds that the fees and costs are reasonable.

    In addition, any agreement obligating a tenant to pay a landlord's attorney's fees must:

    (4)   provide that attorney's fees are not part of the tenant's rent and need not be paid to redeem the premises in a nonpayment of rent action; and

    (5)   obligate the landlord to pay the tenant's attorney's fees if the tenant is the prevailing party in the legal action and fees are awarded by a court.

  (o)   Require written receipts for all cash or money orders paid by the tenant to the landlord for rent, security deposits or otherwise.

  (p)   Specify that the landlord may enter any dwelling unit if the landlord has given due notice to the tenant and the tenant has not reasonably objected, to:

    (1)   make necessary repairs, decorations, alterations or improvements;

    (2)   supply services only by mutual agreement during normal business hours, except in an emergency; or

    (3)   exhibit the dwelling unit to prospective buyers, mortgagees, or tenants only during normal business hours, including weekends, except as the landlord and tenant otherwise agree;

    but nothing in this subsection prevents the landlord from entering any dwelling unit in an emergency situation or, after due notice, when the landlord is required to allow the Department access for an inspection under this Chapter or Chapter 26, or when the landlord has good cause to believe the tenant may have damaged the unit or may be in violation of this Chapter.

  (q)   Permit the tenant to sublease the dwelling unit with the landlord's written permission, which the landlord must not unreasonably withhold. This subsection does not apply to:

    (1)   a rental dwelling unit in a common ownership community if a valid legal restriction prohibits subleasing;

    (2)   an accessory dwelling unit;

    (3)   a mobile home under Section 29-66; or

    (4)   an individual living unit.

  (r)   Contain no provision for a lien on behalf of the landlord on the tenant's chattels, except as provided by state law.

  (s)   Allow the tenant to terminate the lease upon 30 days’ written notice to the landlord due to:

    (1)   an involuntary change of employment from the Washington metropolitan area;

    (2)   the death of major wage earner;

    (3)   unemployment;

    (4)   the tenant or the tenant’s child being a victim of domestic violence;

    (5)   a landlord harassing the tenant or violating the tenant’s privacy rights;

    (6)   the tenant or tenant’s spouse:

      (A)   being 62 years of age or older;

      (B)   being unable to live independently; and

      (C)   needing to move to a nursing home or other senior citizen housing;

    (7)   the tenant being incarcerated or declared mentally incompetent;

    (8)   the landlord’s failure to correct a violation of applicable law that adversely affects the immediate health and safety of the tenant, as described in Section 29-22(b)(1), in the tenant’s unit or a common area available for use by the tenant, within 30 days after being ordered to do so by the Department if:

      (A)   the tenant has allowed the landlord access to make the required repairs; and

      (B)   after reinspection within the prescribed time period, the Department determines that the violation has not been corrected; or

    (9)   other reasonable cause beyond the tenant’s control.

Except for the reason listed in paragraph (s)(8), the lease may provide that in the event of termination under this provision, the tenant is liable for a reasonable termination charge not to exceed the lower of one month’s rent or actual damages sustained by the landlord.

  (t)   Allow the tenant to convert a one-year lease to a two-year lease within 30 days after signing the lease, unless the one-year lease was offered by the landlord consistent with subsection 29-28(c).

  (u)   Notify the tenant that:

    (1)   general information and assistance is available from the Department regarding:

      (A)   questions about any addenda to the lease;

      (B)   evictions; and

    (2)   the tenant is entitled to a hard copy of the Landlord-Tenant Handbook as required under subsection 29-28(f) and that the Landlord-Tenant Handbook is available on the County website.

  (v)   Permit the tenant to correct violations of applicable law in the unit and deduct the reasonable cost of the repairs from the tenant’s rent as authorized by the Director under subsection 29-22(f).

  (w)   Contain a plain language summary of tenant rights and responsibilities, in a form established by the Executive by method (2) regulation that includes, at a minimum:

    (1)   the term of the lease;

    (2)   the amount of the rent;

    (3)   the date on which the rent is due;

    (4)   the tenant’s responsibility, if any, for utility costs;

    (5)   a list of additional tenant rights and responsibilities under the lease; and

    (6)   information about services available to tenants from the Department and the Commission.

  (x)   Contain a statement that a property or liability insurance policy purchased by the landlord does not provide coverage for the personal belongings of a tenant and the statement must specify whether the tenant is required to obtain renter’s insurance under the terms of the lease agreement. The statement must be acknowledged by each tenant with a signature or initials.

  (y)   Provide information about whether the building is fully protected by an automatic sprinkler system.

  (z)   Contain an emergency safety plan for a multifamily building approved by the Department of Permitting Services under Section 22-74.

  (a)(a)   include the addendum under Section 29-28(h)(2) that was signed and dated by the occupying tenant.

  (a)   The plain language summary required under Section 29-27, as amended in Section 1, must be included with all leases entered into or renewed after the effective date of the regulation establishing the form of the plain language summary.

  In Kessler v. Equity Management, Inc., 82 Md. App. 577, 572 A.2d 1144 (1990), the court upheld the requirement that a landlord provide prior notice to a tenant before entering leased premises, as specified in § 29- 26(q) and held that the right to prior notice was unaffected by the tenant’s arrearage in payment of rent.  Provisions in a former County law similar to subsections (a) and (f) above were upheld in County Council for Montgomery County v. Investors Funding Corp., 270 Md. 403, 312 A.2d 225 (1973). Such case also held that the County cannot prohibit oral leases.

**Sec. 29-28. Leasing requirements generally.**

  (a)    A copy of each written lease form used by a landlord must be filed with the Director.

  (b)    Each landlord must give each prospective tenant a copy of the proposed lease. Prospective tenants must have the right to examine the proposed lease at any location the tenant chooses.

  (c)    The landlord must offer each lease for an initial term of two years, and a two-year term at each renewal, unless the landlord has reasonable cause to offer a different term.

    (1)   This subsection does not apply to:

      (A)   a rental unit located in a common ownership community if an applicable legal restriction prohibits a 2-year lease;

      (B)   an accessory dwelling unit;

      (C)   a mobile home under Section 29-66; or

      (D)   an individual living unit.

    (2)   As used in this subsection, reasonable cause means a situation in which a two- year lease would create undue hardship or expense for a landlord.  Reasonable cause includes the sale of a dwelling unit if settlement is likely to occur within two years, a bona fide contract to sell the dwelling unit within two years, or a planned conversion to a condominium or cooperative within two years.  If the landlord claims reasonable cause exists under this subsection, the landlord must attach to the lease a statement explaining the reasonable cause and advising the prospective tenant of the tenant’s right to challenge the cause by filing a complaint with the Department.

    (3)   The landlord must include the following statement in each lease, or as an addendum to an oral lease, and assure that it is signed and dated by the parties:

      Montgomery County law requires each landlord to offer each prospective tenant a lease for an initial term of two years, and a two-year term at each renewal, unless the landlord has reasonable cause to do otherwise.  The tenant may accept or reject this offer.  Before signing this lease, the tenant confirms that (initial and date one option):

      (A)   The landlord offered me a two-year lease term and I accepted it.

      (B)   The landlord offered me a two-year lease term but I rejected it.

      (C)   The landlord gave me a statement:

        (i)   explaining why the landlord had reasonable cause not to offer me a two-year lease term; and

        (ii)   telling me that I can challenge the landlord's action by filing a complaint with the Montgomery County Department of Housing and Community Affairs.

    (4)   Nothing in this subsection precludes a landlord and tenant from negotiating a lease for a term longer or shorter than 2 years after the prospective tenant has been offered and has rejected a 2-year lease term.

    (5)   A complaint alleging a violation of this subsection must be filed not later than 180 days after the first day of the tenancy that is the subject of the complaint.

  (d)    Any lease term that contradicts this Chapter is not enforceable by the landlord.

  (e)    Before giving a notice of past-due rent, issuing a written quit and vacate notice, or beginning any judicial proceeding to regain the leased premises, a landlord must notify the tenant that general information and assistance regarding evictions are available from the Department.

  (f)   At the beginning of a lease term, each landlord must provide each tenant with a copy of the Landlord-Tenant Handbook unless the tenant signs a statement declining a hard copy and accepting referral to the Landlord-Tenant Handbook maintained on the County website.

  (g)   Unless the tenant is in breach of the lease, if a landlord does not intend to offer an existing tenant a renewed lease term, the landlord must give the tenant 60 days’ notice of the landlord’s intent to terminate tenancy at the lease expiration.

  (h)   Rental applications. A rental application must:

    (1)   comply with the requirements of Section 27-15A; and

    (2)   include a statement or addendum on a form prescribed by the Director of the Department that is signed and dated by the applicant, which details the processes for screening criminal history and credit history as required under Section 27-15A(b)(1).

  (i)   A landlord must not increase the rent included on a completed rental application:

    (1)   within 7 calendar days of the application; or

    (2)   based upon any discriminatory purpose prohibited under Chapter 27, including the source of income of the prospective tenant.

  Provisions of a prior County ordinance which were similar to subsection (c) above were upheld in County Council for Montgomery County v, Investors Funding Corp., 270 Md. 403, 312 A.2d 225 (1973).

  Provisions of a prior County ordinance dealing with evictions were held invalid as in conflict with state law in County Council for Montgomery County v. Investors Funding Corp., 270 Md. 403, 312 A.2d 225 (1973).

**Sec. 29-29. Obligations of tenants.**

  Each tenant must, in addition to all other applicable legal requirements:

  (a)   Keep that part of the premises that the tenant occupies and uses as clean, sanitary, and safe as the conditions of the premises permit.  A tenant of a single-family dwelling unit must cut any grass and weeds periodically and must not allow grass and weeds to grow more than 12 inches high.

  (b)   Dispose from the dwelling unit all rubbish, garbage and other organic or flammable waste in a clean and sanitary manner. A tenant of a single-family dwelling unit also must provide and maintain appropriate receptacles to remove ashes, rubbish, and garbage.

  (c)   Keep all plumbing fixtures as clean and sanitary as their condition permits.

  (d)   Properly use and operate all electrical and plumbing fixtures.

  (e)   Not permit any person on the premises with the tenant's permission to willfully or wantonly destroy, deface, damage, impair, or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances.

  (f)   Comply with all covenants, rules, and requirements that are brought to the attention of the tenant, that the tenant consents to in writing, and that are reasonably necessary to preserve the property of the landlord, other tenants, or any other person.

  (g)   not knowingly or willingly touch, damage, remove or alter any indoor mercury service regulator on the premises of any rental property.

**Sec. 29-30. Obligations of landlords.**

  (a)    Each landlord must reasonably provide for the maintenance of the health, safety, and welfare of all tenants and all individuals properly on the premises of rental housing. As part of this general obligation, each landlord must:

    (1)   Comply with all applicable provisions of any federal, state, or county law or regulation governing the maintenance, construction, use, or appearance of the dwelling unit and common areas.

    (2)   Keep all areas of the building, grounds, facilities, and appurtenances in a clean, sanitary, and safe condition.

    (3)   Make all repairs and arrangements necessary to put and keep the dwelling unit and the appurtenances in as good a condition as they were, or should by law or agreement have been, when the tenancy began.  However, a lease for a single-family dwelling unit may provide that a tenant must pay, up to a maximum annual amount set by executive regulation, for the costs of maintenance of the dwelling unit, but not for replacement of or repairs to structural elements of the building, major appliances, or electrical, plumbing, heating, or air conditioning systems unless replacement or repair of these items is required because of actions of the tenant or any person for whom the tenant is legally responsible.

    (4)   Maintain all electrical, plumbing, and other facilities and conveniences supplied by the landlord in good working order.

    (5)   Supply and maintain appropriate receptacles to remove trash, and pay for its frequent removal. However, the landlord of a single-family dwelling unit must pay for the frequent removal of trash, but need not provide or maintain appropriate receptacles.  A lease for a single-family dwelling unit may require a tenant to pay for trash collection service if that service is provided directly by a private trash hauler and the dwelling unit is not located in a County collection district.

    (6)   Supply water and hot water as reasonably required by the tenant and adequate heat as required by Chapter 26. In a dwelling unit located in a common ownership community, the landlord must provide water, hot water and adequate heat to the extent that the landlord is responsible for providing these services.  This subsection does not impair any provision in a lease that obligates a tenant to pay for gas, heating oil, electricity, water, or sewer service that the tenant uses.

    (7)   For each unit in a building constructed before July 1, 1978, and for which units are not individually metered, provide the tenant with all information required under the Public Utilities Article of the Maryland Code and applicable COMAR provisions governing:

      (A)   electric and gas submeters; and

      (B)   energy allocation systems.

    (8)   Display in the lobby, vestibule, rental office, or other prominent public place on the premises, a sign in a form approved by the Director that includes information in English, Spanish, French, Chinese, Korean, Vietnamese, and other languages as determined necessary by the Director, about:

      (A)   filing a complaint under this Chapter; and

      (B)   the retaliatory practices prohibited under this Chapter.

    (9)   Except when required for reasonable maintenance and repair, supply and maintain air conditioning service either through individual air conditioning units or a central air conditioning system in a safe and good working condition so that it meets the requirements of Section 26-7.  This paragraph must not be construed to impair any provision in a lease that obligates a tenant to pay for gas or electricity that the tenant uses.  The Executive must adopt Method (2) regulations to implement the requirements of this paragraph, including regulations to define reasonable maintenance and repair.

    (10)   comply with Section 29-35C.

    (11)   comply with Section 29-35D.

    (12)   comply with Section 29-35E.

    (13)   Prepare and maintain an emergency safety plan in compliance with Section 22-74.

  (b)   If the duty imposed by subsection (a)(1) is incompatible with, or greater than, a duty imposed by any other part of this Section, subsection (a)(1) governs.

  (c)    Subsections (a)(2) and (a)(5) do not apply to a dwelling unit located in a condominium or cooperative housing structure.

  Sec. 3. Impairment of Leases.  This Act must not be construed to invalidate or impair a lease in effect on the effective date of the Act.

  Sec. 4. Financing.  The Executive must, subject to appropriation and applicable law, explore options to offer low-interest financing to landlords who need to upgrade their electrical systems to comply with the requirements of this Act.

  (b)   The requirement that landlords provide certain information concerning electric and gas utility billing under Section 29-30, as amended in Section 1, takes effect 180 days after this Act becomes law.

**Sec. 29-31. Landlord notice requirements.**

  (a)   Each landlord of an apartment complex in the County must:

    (1)   post a durable notice in an accessible, conspicuous and convenient place in each building to which the notice applies; or

    (2)   distribute the notice directly to all tenants.

  The notice must contain the name or title and telephone number of at least one responsible representative of the building management who may be reached 24 hours a day, 7 days a week.

  (b)   A landlord renting any dwelling unit that is not located in an apartment complex must give the lessee the name, title and telephone number of at least one responsible representative of the landlord who may be reached 24 hours a day, 7 days a week.

  (c)   Before a tenant executes a lease for an initial term of 125 days or longer, the owner of the dwelling unit must give the tenant a copy of any rule, regulation, declaration, or covenant that binds the owner and affects the use and occupancy of the unit or any common area associated with the unit.  The lease must expressly state that any obligation of the owner that affects the use and occupancy of the unit or any common area associated with the unit is enforceable against the tenant.

  (d)   Notification of building-wide outages, maintenance, and repairs. A landlord must provide notice to all tenants if an apartment complex has any scheduled or unscheduled building-wide outage, maintenance, repair, or disruption of essential services related to the following:

    (1)   electricity;

    (2)   water;

    (3)   heat;

    (4)   power generator; or

    (5)   elevator.

  (e)   Contents of the notice.

    (1)   A notice required under subsection (d) must be sent at least 7 days before a scheduled service interruption; or

    (2)   in the absence of an emergency, at least 24 hours before an unscheduled service interruption; and

    (3)   contain the following:

      (A)   the date of proposed scheduled work or service interruption;

      (B)   the estimated time of repair; and

      (C)   information regarding the communication method that will be used to provide updates about service interruption until the issue is resolved.

  (f)   Posting and electronic delivery of notice. The landlord must:

    (1)   post the notice in an accessible, conspicuous, and convenient location in the building; and

    (2)   if feasible, send electronically to all tenants either by:

      (A)   email;

      (B)   text message; or

      (C)   online tenant portal.

**Sec. 29-31A. Evictions – Notice requirements.**

  (a)   Advance notice – required.

    (1)   After a court has issued a warrant of restitution, the landlord must, at least 14 days before the scheduled date of repossession as set by the Sheriff, provide written notice to the tenant of the date on which the warrant of restitution is scheduled to be executed by:

      (A)   sending the notice by first-class mail with certificate of mailing;

      (B)   posting the notice on the front door of the leased premises and taking a date-stamped photograph of the notice posted on the front door; and

      (C)   if the landlord knows or has on file the e-mail address or cellphone number of the tenant, sending the notice electronically to the tenant by an e-mail message or a text message.

    (2)   The landlord must:

      (A)   provide written notice under paragraph (1) to the tenant in the manner and format required under Title 8 of the Real Property Article of the Maryland Code, as amended;

      (B)   include with the notice a written statement that:

        (i)   identifies a URL established by the Department under paragraph (3) of this subsection; and

        (ii)   informs the tenant that information and resources related to eviction are available at the URL; and

      (C)   at least 14 days before the scheduled date of repossession as set by the Sheriff, provide to the Department, in the manner and format required by the Director:

        (i)   a copy of the full written notice required under paragraph (1) pursuant to Title 8 of the Real Property Article of the Maryland Code, as amended; and

        (ii)   a copy of the written statement provided to the tenant under paragraph (B) of this subsection.

    (3)   The Department must establish and maintain a URL that provides current information and resources for residents experiencing eviction. The Department must update the URL at least once per year in consultation with the Services to End and Prevent Homelessness.

  (b)   Information sharing. The Department must:

    (1)   maintain a record of each notice it receives under subsection (a); and

    (2)   immediately upon receipt of a notice under subsection (a), share the notice with the Department of Health and Human Services.

  (c)   Penalties.

    (1)   A landlord commits a Class A civil violation if the landlord:

      (A)   fails to provide notice as required under this Section; or

      (B)   intentionally provides false or misleading information to a tenant under this Section.

    (2)   The penalties under this Section are in addition to any actual damages, reasonable attorney’s fees and costs, injunctive relief, and other remedies available to the tenant under state law.

**Sec. 29-32. Prohibited retaliatory practices.**

  (a)    No landlord may make any changes in the landlord's leasing or business practices with respect to any dwelling unit subject to this Chapter to avoid compliance with any provision of this Chapter.

  (b)    A landlord must not evict or attempt to evict, or take any other retaliatory action against any tenant who exercises any rights conferred upon the tenant by this Chapter or any tenant who assists another tenant in exercising those rights.  As used in this subsection, "other retaliatory action" includes any unreasonable rent increase, threat, coercion, harassment, or violation of privacy, and any reduction in the quality or level of services available to the tenant that is not authorized by this Chapter or state law.  Evictions or attempted evictions prohibited by this subsection are "retaliatory evictions".

  (c)   A landlord must not actually or constructively evict or attempt to evict a tenant from, or deny a tenant access to, the dwelling unit occupied by the tenant without following the judicial process authorized in state law to obtain possession of the dwelling unit.

**Sec. 29-33. Rights of tenants generally.**

  (a)    Tenants have the right to self-organization; to form, join, meet, or assist one another within or without tenant organizations; to meet and confer through representatives of their own choosing with landlords; to engage in other concerted activities for the purpose of mutual aid and protection; and to refrain from any such activity.

  (b)   Tenants and tenant organizations have the right of free assembly in the meeting rooms and other areas suitable for meetings within rental housing during reasonable hours and upon reasonable notice to the landlord to conduct tenant organization meetings. A landlord must not charge a tenant organization or a group of tenants seeking to form a tenant organization a fee for the first meeting of each month held to discuss landlord- tenant issues, but the landlord may charge a reasonable fee for other uses of the meeting rooms or common areas. The charge must not exceed the regular schedule of fees for the facility to other groups. The landlord may also impose reasonable terms and conditions on the use of the meeting rooms or common areas if those terms and conditions do not undermine the purposes of this Section.

  (c)    Tenants and resident tenant organizations have the right to distribute freely and post in centrally located areas of rental housing literature concerning landlord-tenant issues if the origin of the literature is properly identified.

  (d)    Tenant organizations may file complaints under any provision of this Chapter in a representative capacity on behalf of those tenants who have authorized representation. Nothing in this Chapter permits any tenants' organization to represent exclusively any tenant or class of tenants unless specifically authorized to do so.

**Sec. 29-34. Reduction in service or equipment.**

  (a)    Any tenant subject to a reduction or elimination of service or equipment which the landlord is required to maintain and that the landlord provided when the tenancy began may file a complaint under this Chapter, alleging breach of the lease. The Commission, after completing the administrative process specified in Article V and finding such a breach, may award damages, order the landlord to reduce the rent in an amount commensurate with the actual cost savings accruable to the landlord as a result of reducing the service or equipment, or both.

  (b)    Any transfer or conversion of responsibility from the landlord to the tenant of any utility payments, including submetering and individual metering systems, must comply with the following process:

    (1)   A landlord must not transfer responsibility for utility payments to an existing tenant unless the affected tenant receives written notice of the transfer at least 2 months before the conversion takes effect. The date of receipt must not be counted as part of the 2-month period.  Written notice may be delivered to the tenant by any reasonable means. However, a notice has not been delivered unless the notice was mailed via the United States Postal Service to the tenant's dwelling unit or a signed receipt is obtained from the tenant or the tenant's representative. If the tenant is notified by mail, the landlord must certify, by affidavit dated at the time of mailing, that the landlord has mailed the notice.  The landlord must retain a copy of the affidavit in the landlord's records.  For the purposes of these notice requirements, the day after the postmark date is the date of delivery if the notice was delivered to the proper person by the Postal Service.  It is presumptive evidence in favor of the landlord that proper notice was given if these procedures are followed. There is a rebuttable presumption that proper notice was not delivered if these procedures are not followed.

    (2)   The notice of the utility conversion must be accompanied by an offer to reduce the affected tenant's rent in an amount commensurate with the actual utility consumption experienced by the landlord during the previous 24 months at the utility rate in effect at the time of the conversion. The offer of reduced rent must be based on the average actual utility consumption at the property, less common area utility expenses. The offer may also be based on reasonable factors such as unit size, unit location, and, at the discretion of the landlord, other unusual circumstances. The offer must be made in the form of a monthly reduction in rental rates effective on the date of the conversion.

    (3)   Any lease or renewal lease must disclose the landlords' intent, if any, to transfer or convert responsibility for utility payments to the tenant during the term of the lease. Failure to make this disclosure allows a tenant to terminate the lease. For the purpose of this Section, the term "intent" means that the landlord has entered into a contract to install submeters or individual meters or applied for electrical permits for their installation.

    (4)   The transfer of financial responsibility for utilities must take effect at the start of a rent payment cycle.

    (5)   After completing the notice procedures in subsection (b)(1), the landlord during normal business hours may enter the tenant's unit, after a two-day written notice and without reasonable objection from the tenant, to install metering, wiring, and other equipment necessary to the utility conversion. Access for all other purposes is governed by Section 29-27(p).

    (6)   Any submetering action must comply with regulations of the state Public Service Commission.

  (c)    Subsections (a) and (b) do not allow a landlord to reduce or eliminate any essential service or equipment required by law. Subsections (a) and (b) do not apply to temporary interruptions of service or equipment otherwise maintained by the landlord. In the case of temporary interruptions of service or equipment, the Commission may award the tenant actual damages, if any, that resulted from a breach of the lease or the negligence of the landlord.

**Sec. 29-35. Keeping of household pets by elderly or disabled tenants.**

  (a)    Definitions. In this Section, the following words have the meanings indicated.

    (1)   Disabled means a physical or mental impairment that substantially limits one or more major life activities, or a person who has a record of such an impairment or is regarded as having such an impairment.

    (2)   Elderly means at least 60 years old.

  (b)    Prohibition. A landlord must not prevent or attempt to prevent an elderly or disabled tenant from keeping a household pet unless at the time occupancy begins the landlord gives the tenant a written lease that specifically prohibits the tenant from keeping a household pet.

  (c)    Liability. A tenant is liable for damage that the tenant's household pet does to the premises.

  (d)    Rules.

    (1)   A landlord may make reasonable rules governing the type, size, and number of pets allowed, disposal of pet waste, and aspects of pet conduct and pet control related to protection of the health, comfort, and safety of other tenants and the property of the landlord.

    (2)   Even if a landlord has not prohibited household pets under subsection (b), a landlord may require a tenant to remove a household pet from the premises if:

      (A)   The landlord gives the tenant written warning of a violation of rules made under this subsection; and

      (B)   The tenant does not correct the violation within 7 days after the landlord gives the warning.

    (3)   The Executive may issue a regulation under method (3) to specify what are reasonable rules under this subsection.

**Sec. 29-35A. Bicycle parking fees.**

  (a)   A landlord, the governing body of a common ownership community, or the owner or operator of a non-residential property that rents parking spaces for motor vehicles and bicycles must not charge rent or any other fee for parking a bicycle that exceeds the following fraction of any rent or fee charged for parking a motor vehicle:

    (1)   one-sixth, for a secure, fully enclosed bicycle locker; or

    (2)   one-tenth, for any other bicycle parking space.

  (b)   This Section does not require a landlord, a governing body, the owner or operator of a non-residential property, or any other person to charge rent or fees for bicycle parking.

**Sec. 29-35B. Relocation Expenses.**

  (a)   Definitions. As used in this Section:

  Permanently displaced tenant means a tenant that is required to vacate rental housing for 30 days or more because the rental housing is condemned as unfit for human habitation under Section 26-13.

  Temporarily displaced tenant means a tenant that is required to vacate rental housing for less than 30 days because the rental housing is condemned as unfit for human habitation under Section 26-13.

  (b)   Relocation payment required. Except as provided in subsection (f), a landlord must pay a relocation payment to a permanently or temporarily displaced tenant.

  (c)   Relocation amount.

    (1)   Permanently displaced tenants. For a permanently displaced tenant, the landlord must, within 72 hours of the posting of the condemnation:

      (A)   return to the permanently displaced tenant the tenant’s security deposit with required interest;

      (B)   pay to the permanently displaced tenant any pro rata rent for the remainder of the month; and

      (C)   pay to the permanently displaced tenant the greater of:

        (i)   3 months’ fair market value rent for a unit of comparable size, as established by the most current Federal Department of Housing and Urban Development schedule of fair market rents for the zip code of the rental housing being vacated; or

        (ii)   3 months’ of the tenant’s rent under the lease at the time of relocation.

    (2)   Temporarily displaced tenants.

      (A)   For a temporarily displaced tenant, the landlord must, within 24 hours of the posting of the condemnation:

        (i)   provide alternative, safe, legal, comparable housing, as determined by the Department, for the temporarily displaced tenant and the tenant’s belongings for the displacement period; and

        (ii)   pay for the costs of the immediate relocation of the temporarily displaced tenant and the tenant’s belongings.

      (B)   At the end of the displacement period, the landlord must pay the costs to move the tenant and the tenant’s belongings back to the tenant’s original rental housing.

      (C)   If the replacement housing provided under subsection (c)(2)(A) is not comparable, the landlord must pay an approved allowance determined by regulation.

      (D)   A landlord must ensure that the lease in effect at the time of a temporarily displaced tenant’s return to the tenant’s original rental housing contains lease provisions substantially similar to the lease in effect at the time of displacement, including provisions regarding the length of the lease term and the amount of rent due.

    (3)   Alternative payment.

      (A)   Notwithstanding the relocation payment required under this Section, a landlord and tenant may agree to an alternative arrangement if the alternative arrangement:

        (i)   is of equal benefit to the tenant; and

        (ii)   is evidenced by a written agreement between the tenant and the landlord that meets the criteria in subsection (c)(3)(B).

      (B)   A written agreement detailing the alternative arrangement must contain:

        (i)   the names of the current occupants of the condemned rental housing;

        (ii)   the address of the condemned rental housing;

        (iii)   a statement indicating the amount of the relocation payment to which the tenant is entitled under subsection (c)(1) or (c)(2);

        (iv)   a statement that the tenant has waived the right to the relocation payment;

        (v)   a description of the alternative arrangement; and

        (vi)   the address, if known, of the location to which the tenant plans to move.

  (d)   Proof of compliance. Within 5 days after the displaced tenant vacates the rental housing, a landlord must provide the Department with a copy of the check or money order provided to the displaced tenant and a receipt signed by the tenant.

  (e)   First right to reoccupy.

    (1)   A landlord must provide a permanently displaced tenant with the first right to reoccupy rental housing on the site once the rental housing becomes habitable.

    (2)   The landlord must provide the permanently displaced tenant with written notice of the tenant’s first right to reoccupy. The notice must include the landlord’s current address and telephone number which the tenant can use to contact the landlord.

    (3)   It is the tenant’s responsibility to provide the landlord with the tenant’s current address and/or telephone number to be used for future notification.

    (4)   When the rental housing becomes habitable, the landlord must give written notice by certified mail to the tenant informing the tenant that the housing is ready for occupancy.

    (5)   If the landlord cannot locate a previous tenant after 2 attempts over a 2-week period, the landlord is deemed to be in compliance with the requirements of this Section and the tenant’s right to reoccupy is forfeited.

    (6)   A permanently displaced tenant must notify a landlord of the tenant’s intent to reoccupy the rental housing within 15 days after the landlord notifies the tenant that the rental housing is ready to be occupied. A permanently displaced tenant must reoccupy the rental housing within 20 days after the tenant notifies a landlord of the tenant’s intent to reoccupy the rental housing.

    (7)   A permanently displaced tenant may waive the right to reoccupy the rental housing at any time after displacement.

  (f)   Exception. A landlord is not required to provide a relocation payment or first right to reoccupy rental housing if the Director determines the rental housing is condemned due to events that are beyond the control of the landlord.

**Sec. 29-35C. Replacement of indoor mercury service regulators.**

  (a)   Definition. For purposes of this section, an indoor mercury service regulator means equipment that:

    (1)   is installed and owned by a gas utility company to regulate the supply of natural gas to a structure;

    (2)   contains mercury; and

    (3)   is located inside a structure.

  (b)   Applicability.

    (1)   Except as provided in paragraph (2), this section applies to a landlord of a multifamily dwelling in a structure built before 1968.

    (2)   This section does not apply to a landlord of a dwelling unit in a common ownership community.

  (c)   Required landlord efforts. A landlord must make reasonable efforts to:

    (1)   take a photograph of any meter that could be an indoor gas service regulator located on any rental property leased by the landlord;

    (2)   provide a copy of the photograph to the gas utility company; and

    (3)   cooperate with the gas utility company to schedule the replacement of any indoor mercury service regulator.

  (d)   Notification.

    (1)   The landlord must notify the tenant in writing within 30 days after the gas utility company informs the landlord that the indoor mercury service regulator is replaced.

    (2)   The landlord must provide a copy of the notice to the Department.

  (e)   Enforcement.

    (1)   The Department must enforce this section under Section 29-8.

    (2)   A violation of this section is a Class A violation.

  (f)   Database. The Department must maintain data, in a searchable form available to the public, regarding notifications received by the Department under subsection (d).

**Sec. 29-35D. Window guards.**

  (a)   Applicability.

    (1)   This section applies to any multifamily dwelling unit.

    (2)   This section does not apply:

      (A)   to a ground-floor or basement window;

      (B)   to a window containing an air-conditioning unit, if the unit is bolted to the window opening and not surrounded by an open space exceeding 4 inches;

      (C)   to a window that is not designed to open; or

      (D)   to the extent that a window guard would cause a violation of a fire safety requirement, or an egress requirement, under Chapter 26, Chapter 8, or Chapter 22.

  (b)   Window guards required.

    (1)   For purposes of this section, a window guard means a physical barrier or limiting device attached to a window to prevent occupants from falling out of the window.

    (2)   The landlord of a multifamily dwelling must install and maintain a window guard in each window of a habitable room if:

      (A)   a child of age 10 or younger occupies the dwelling unit; or

      (B)   a tenant of the dwelling unit requests in writing the installation of window guards.

    (3)   A window guard installed under paragraph (2) must meet minimum safety standards prescribed by the Director.

    (4)   The Executive may adopt method (2) regulations to implement the requirements of this section. The regulations may include procedures for the Director to approve a landlord’s request for a variance, to use a safe alternative to a window guard in a particular window, if a window guard meeting the requirements of paragraph (3) is infeasible in the window.

    (5)   The Director must conduct outreach and educate landlords and tenants of multifamily dwelling units about the requirements of this section, including through:

      (A)   the Department’s website;

      (B)   sample notification and lease language; and

      (C)   the Landlord-Tenant Handbook.

  (c)   Responsibility of tenants and other persons. A person must not:

    (1)   obstruct or interfere with the installation of a window guard required under this section; or

    (2)   remove or disable a window guard required under this section.

  (d)   Notification to tenants; lease requirements.

    (1)   Notice required. The landlord of a multifamily dwelling unit must, at the time of a lease signing, a lease renewal, or a notification of a rent increase, notify the tenant of the unit about the requirements under this section.

    (2)   Notification requirements at the time of a rent increase or a lease renewal. At the time of a notification of a rent increase or of a lease renewal, the notification under paragraph (1) must:

      (A)   be in writing;

      (B)   be provided to the tenant in the form and manner prescribed by the Director; and

      (C)   include, at a minimum, a checklist, to be signed and dated by the tenant, that indicates:

        (i)   whether a child of age 10 or younger occupies or will occupy the dwelling unit;

        (ii)   if no child of age 10 or younger occupies or will occupy the dwelling unit, whether the tenant requests a window guard; and

        (iii)   whether an existing window guard requires repair or maintenance.

    (3)   Follow-up notifications. If a landlord does not receive a signed notification from the tenant within 30 days after providing the notification to the tenant under paragraph (2), and does not otherwise have actual knowledge of the need or desire for window guards, then the landlord must provide a second notification to the tenant under paragraph (2).

    (4)   Leasing requirements. The landlord:

      (A)   must include in the lease, or an addendum to the lease, the requirements of this section; and

      (B)   must not charge the tenant for the installation or maintenance of a window guard under this section.

    (5)   The lease or addendum under paragraph (4) must include a statement, signed and dated by the tenant, that indicates:

      (A)   whether a child of age 10 or younger occupies or will occupy the dwelling; and

      (B)   if no child of age 10 or younger occupies or will occupy the dwelling unit, whether the tenant requests a window guard.

**Sec. 29-35E. Radon Testing.**

  (a)   Definitions.  In this Section, the following terms have the meanings indicated:

  Action Level means the level of radon in a building, which if, equal to or above the United States Environmental Protection Agency’s (EPA) recommended action level, triggers mitigation.

  Mitigation means measures designed to permanently reduce indoor radon concentrations.

  Multifamily dwelling has the same meaning as in Section 29-1.

  Radon has the same meaning as stated in Section 40-13C(a).

  Radon test has the same meaning as in Section 40-13C(a).

  Radon hazard means exposure to indoor radon concentrations at or in excess of the United States Environmental Protection Agency’s recommended radon action level.

  Single-family home means a single-family detached or attached residential building. A single-family home does not include a residential unit in a condominium or a cooperative housing corporation.

  Tenant has the same meaning stated in Section 29-1.

  (b)   Applicability.  This Section applies to all ground-contact or basement unit(s) of a residential rental in:

    (1)   a single-family home; or

    (2)   a multifamily dwelling building.

  (c)   Radon testing - required.  A landlord of a single-family home or multifamily dwelling building must conduct a radon test before leasing a unit to a prospective tenant. Test results must be within three (3) years before the date of the lease.

  (d)   Lease requirements.  At the time of lease signing, the landlord must provide to the tenant and certify in the lease, or an addendum to the lease, the following:

    (1)   a copy of radon test results that indicates any concentration of radon is below the Environmental Protection Agency’s recommended action level of 4 picocuries per liter (pCi/L);

    (2)   the radon test was performed less than three (3) years before the date of the lease; and

    (3)   a copy of the Environmental Protection Agency’s pamphlet on radon guide for tenants or an equivalent pamphlet approved for use by the Department of Environmental Protection. The copy of the pamphlet may be an electronic link to the applicable website, or if requested by the tenant, a hard copy.

  (e)   Testing and notification by existing tenants.  An existing tenant may conduct a radon test or hire a radon professional to test a dwelling unit covered by this Section. If the test results indicate that radon hazard is present at a level of 4 pCi/L or higher, the tenant must:

    (1)   in writing; and

    (2)   within 14 days after the test results, notify the landlord and provide the landlord with a copy of the test results.

  (f)   Mitigation of radon. A landlord who receives notice under subsection (e), must:

    (1)   within 14 days after notice, initiate a follow-up radon test, in accordance with EPA-recommended standards for testing, to confirm any presence of radon hazard; and

    (2)   within 90 days after confirmed results:

      (A)   mitigate the premises to reduce radon below the action level of 4 pCi/L; and

      (B)   provide the tenant with a final copy of test results performed by a radon professional that indicates radon has been reduced below the action level.

  (g)   Cost of testing.  The landlord is responsible for the cost of any follow-up, confirmation, or retesting of radon in a dwelling unit.

  (h)   Dispute of testing results.  If there is a case of conflicting test results, where the test result provided by a tenant is at or above the action level and a test result by a landlord is below the action level, the following applies to determine the prevailing test results:

    (1)   testing performed in compliance with the EPA-recommended standard, by a radon professional (for hire) must supersede tests not performed by a radon professional;

    (2)   if both tests are performed by radon professionals, long-term testing results must supersede short-term test results; or

    (3)   if both tests are equally valid, as specified in subsections (1) and (2), and the dispute remains, then a mutually agreed upon third-party radon professional must retest in accordance with EPA-recommended standards.

  (i)   Disclosure of radon.  A landlord must disclose in writing to each tenant in a residential rental building, within 14 days after a confirmed radon test, any elevated radon concentrations (above EPA’s recommended radon action level) that are known to be present within the dwelling.

  (j)   Termination of lease.  A tenant has the right to terminate a lease, if the landlord fails to mitigate under subsection (f), without loss of security deposit or any other financial penalty. A tenant must provide, in writing, to the landlord a notice of the intent to terminate and vacate the premises. The notice may be effective either immediately upon receipt by the landlord, or as agreed upon by both parties, to allow the tenant to find alternative housing.

### Article V. Complaints.

**Sec. 29-36. Tenants' complaints.**

  (a)   If any affected tenant has reason to believe that a defective tenancy exists, has given the landlord notice of the tenant's complaint alleging a defective tenancy, and the landlord does not make a bona fide effort to rectify the defective condition within one week after the notice has been given, the affected tenant may file with the Director a complaint in writing. The complaint must state the name and address of the landlord, the premises in question, and the particulars of the alleged defective tenancy.

  (b)   If any prospective tenant believes that a landlord has violated Sections 29-27 or 29-28, the prospective tenant may file a written complaint with the Director stating the name and address of the landlord, the premises in question, and the details of the alleged violation.

**Sec. 29-37. Landlords' complaints.**

  If any landlord has reason to believe that a tenant has created or permitted the existence of a defective tenancy, has given the tenant notice of the landlord's complaint alleging a defective tenancy, and the tenant does not make a bona fide effort to rectify the defective condition within one week after the notice has been given, the landlord may file with the Director a complaint in writing.  The complaint must state the name and address of the tenant and the particulars of the alleged defective tenancy.

**Sec. 29-38. Joint and concurrent jurisdiction.**

  (a)   The Department must refer any complaints that allege in substance any violation of Chapter 8, Chapter 22, Chapter 26, Chapter 59, or any other law enforced by any other County department, agency, or office to the appropriate department, agency, or office. The other department, agency, or office must keep the Department informed of any action taken.

  (b)   If the complaint contains allegations that fall jointly within the jurisdiction of 2 or more County departments, agencies, or offices and the allegations are nonseverable, the Department must investigate the complaint with the assistance of the other department, agency, or office.

**Sec. 29-39. Investigation of complaints.**

  (a)   After the filing of any complaint, the Director must investigate whether there are reasonable grounds to believe that the allegation is true and decide whether a violation of this Chapter has occurred or a defective tenancy exists.

  (b)   If at any time after a complaint is filed, the Director believes the health, safety, welfare, or well being of a tenant is placed in immediate danger, the Director may take immediate action to provide appropriate relief, including notifying the chair or vice-chair of the Commission who must decide whether an emergency meeting of the Commission is necessary.

**Sec. 29-40. Procedure when violation of Chapter or defective tenancy not found.**

  If the Director, after investigating a complaint, finds no reasonable grounds to believe that a violation of this Chapter has occurred or a defective tenancy exists, the Director must so inform the Commission.  The Commission may, in its discretion, dismiss the complaint or order further investigation.

**Sec. 29-41. Procedure when violation of Chapter or defective tenancy found.**

  (a)   If the Director, after investigating a complaint, finds reasonable grounds to believe that a violation of this Chapter has occurred or a defective tenancy exists, the Director must attempt to conciliate the matter by initial conference and persuasion with all interested parties and their representatives.

  (b)   The initial conciliation conferences must be informal and confidential, and nothing said or done during the initial conferences may prejudice the rights of any party.  The initial conciliation conference must occur within 30 days after the complaint is filed unless the Director finds good cause for delaying it.

  (c)   The Director's obligation to conciliate a complaint under this Section is satisfied if either party does not appear at a scheduled conference after receiving at least 10 days' notice.

**Sec. 29-42. Conciliated complaints generally.**

  (a)    If a complaint is conciliated, the terms of conciliation agreed to by the parties may be reduced to writing and incorporated into a consent agreement to be signed by the parties. The agreement must be for conciliation purposes only and is not an admission by any party that a violation of this Chapter has occurred or a defective tenancy exists. Consent agreements must be signed on behalf of the Director.

  (b)    It is a violation of this Chapter to fail to adhere to any provision of a consent agreement. Any failure by the Commission to enforce a violation of any consent agreement does not  waive any rights contained in the agreement of the nonviolating party or the Commission.

**Sec. 29-43. Failure to conciliate complaints.**

  If the Director (1) does not conciliate a complaint after the parties have, in good faith, attempted conciliation, (2) does not effect an informal conciliation agreement or formal consent agreement, or (3) finds that a complaint is not susceptible of conciliation, the Director must notify the Commission immediately. The Commission may thereafter schedule a hearing to decide whether a violation of this Chapter has occurred or a defective tenancy exists.

**Sec. 29-44. Commission hearing.**

  (a)   When a hearing before the Commission or a Commission panel deals with a controversy arising under this Article, the Commission must serve on the person against whom a complaint has been filed (the "respondent") a summons describing the nature and specifics of the complaint, the provision of law allegedly violated, a concise factual statement of the acts alleged to constitute a defective tenancy, and the relief sought.  The Commission must serve on all interested parties a notice of the time and place of hearing. The respondent or an authorized representative may file a statement with the Commission before the hearing.

  (b)   The hearing must be open to the public. However, either party may request, in writing, a private hearing that may be granted at the discretion of the Commission. The Commission may subpoena all witnesses it deems necessary. The hearing must be held not less than 30 days after service of the statement of charges and summons.

  (c)   Any summons must be signed by the chair of the Commission or the panel and must require the attendance of named persons and the production of relevant documents and records. Failure to comply with a summons is a violation of this Chapter.

  (d)   The parties may present testimony and evidence under oath, or by affirmation. The Commission must keep a full record of the hearing.  The record, if the hearing is public, must be open to inspection by any person. On request by any party to the proceeding, the Commission must furnish that party a copy of the hearing record, if any, and the charges to meet costs.

  (e)   The Commission may, on its own motion, after notifying all parties, extend the time for any hearing and the issuance of any findings, opinions, and orders.

**Sec. 29-45. Relief pending Commission hearing.**

  If, at any time after a complaint has been filed, the Commission believes that appropriate civil action to preserve the status quo or to prevent irreparable harm appears advisable, the Commission may refer the matter to the County Attorney to bring any action necessary to preserve the status quo or to prevent such irreparable harm, including temporary restraining orders and preliminary injunctions.

**Sec. 29-46. Commission action when violation not found.**

  If, at the conclusion of the hearing, the Commission or panel finds, based on a preponderance of the evidence of record, that the respondent has not violated this Chapter or caused a defective tenancy or has not allowed a defective tenancy to continue for an unreasonable period of time, the Commission or  panel must publish written findings of fact and conclusions of law based on the record and dismiss the complaint or order any other appropriate action.

**Sec. 29-47. Commission action when violation found.**

  (a)    If, at the conclusion of the hearing, the Commission or panel finds, based on a preponderance of the evidence of record, that a violation of this Chapter has occurred or a defective tenancy exists, the Commission or panel must publish written findings of fact and conclusions of law based on the record and issue an order. The order may require the respondent to stop any unlawful conduct and take appropriate action to comply with this Chapter. The order may also contain a notice that if the Commission determines that the respondent has not, after 30 calendar days after service of the Commission's or panel's order, made a bona fide effort to comply with the order, the Department may take appropriate action and the Commission may refer the matter to the County Attorney for enforcement.

  (b)   If the Commission or panel finds that a landlord has caused a defective tenancy, it may award each party to the complaint one or more of the following remedies:

    (1)   Immediate termination of the lease, and relief from any future obligations under the terms of the lease;

    (2)   Return of the party's security deposit or any part of the deposit that the landlord has wrongfully withheld;

    (3)   An award under Section 29-10(b) of up to three times the amount of any security deposit that the landlord has wrongfully withheld. When making this award, the Commission must consider the egregiousness of the landlord’s conduct in wrongfully withholding all or part of the deposit, whether the landlord acted in good faith, and any prior history by the landlord of wrongful withholding of security deposits;

    (4)   Return of all or part of any rent already paid to the landlord after the landlord was notified of the condition;

    (5)   An award of damages sustained by the tenant as a result of the defective tenancy, limited to the actual damage or loss incurred by the tenant.  The award must not exceed $2,500 per affected dwelling unit.

    (6)   A reasonable expenditure to obtain temporary substitute rental housing in the area.

    (7)   An order permitting a tenant to correct the condition that constitutes the defective tenancy and abating the tenant’s rent in an amount equal to the reasonable cost incurred by the tenant.

    (8)   After a retaliatory or illegal eviction as defined in Section 29-32, reasonable attorney’s fees incurred by the affected tenant in defense of the retaliatory or illegal eviction. The award must not exceed $1,000.00.

  (c)    If the Commission or panel finds that a tenant has caused a defective tenancy, it may award the landlord one or more of the following remedies:

    (1)   The landlord may immediately terminate the lease and gain possession of the premises under state law.

    (2)   An award of damages to be paid by the tenant sustained as a result of a defective tenancy, limited to the landlord's actual damage or loss.  The award must not exceed $2,500.00, with a credit for any damages deducted from a security deposit.

  (d)   Any award of damages under this Section not paid within 30 days after the award may be enforced by the person to whom the award was granted in any court of competent jurisdiction.  Any court of competent jurisdiction may grant judgment plus interest from the date of the award.

**Sec. 29-48. Penalty for failure to comply with Chapter requirements, Commission orders, or summonses.**

  (a)    Any person who does not comply with any Commission order or summons issued under this Article has committed a class A violation.

  (b)    If a Commission order does not award monetary relief and a person, rather than comply with a Commission order, stops operating rental housing, that person must give any tenants occupying the premises in question 60 days' written notice to vacate the premises, beginning on the first day of the month after service of the notice. A copy of the notice must be delivered to the Director. No penalty applies during the 60-day period that tenants have to vacate the facility if the holder of the license to operate the rental housing returns it to the Director.

  (c)    In addition to any criminal or other penalty provided in this Chapter, compliance with an order of the Commission may be enforced by injunctive or other appropriate legal action to correct any violation of this Article, and any court with jurisdiction may issue restraining orders, temporary or permanent injunctions, or other appropriate relief.

**Sec. 29-49. Appeals.**

  Any person aggrieved by a final action of the Commission under this Article may appeal to the Circuit Court under the Rules of Procedure for a review of those actions. If the Commission has ordered a monetary award, the person appealing the Commission's order must post a bond with the Circuit Court in the amount of the award if the appellant seeks a stay of enforcement of the award.

**Sec. 29-50. Alternative relief.**

  Nothing in this Chapter prevents any person from exercising any right or seeking any remedy to which that person might otherwise be entitled, or from filing any complaint with any other agency or court.

### Article Vi. Central Data Collection, Rent Guidelines, and Rent Stabilization.

**Sec. 29-51. Rental housing data collection.**

  (a)    The County Executive must establish procedures to collect and analyze housing data for rental dwelling units in the County, and must make every effort to centralize the data collection functions to minimize the burden for landlords.

  (b)    The reporting process is mandatory for landlords of licensed rental housing, including new dwelling units as they come on the market and all vacant units.

  (c)    The data must be collected annually.

  (d)    The Director must use a survey form for collecting data designed to minimize the repeated reporting of unchanged information, while maintaining an accurate data base.

  (e)   The Director, at a minimum, must include in the survey a questionnaire for each landlord to certify whether the occupying tenant completed a criminal history and credit screening addendum as required under Section 29-28(h)(2). The survey form must request the date of the signed addendum.

  (f)   The housing data collected must be used to measure the supply and availability of rental housing, as well as other operating characteristics. Each landlord must provide the following to the County:

    (1)   The location of each rental facility, including the zip code;

    (2)   Structure type;

    (3)   Year built;

    (4)   Distribution of units by standard bedroom sizes;

    (5)   The number of units by bedroom size that were re-rented during the month;

    (6)   The number of vacant days applicable to those units;

    (7)   The rent charged for each rental unit;

    (8)   The rent charged for each re-rented unit before vacancy; and

    (9)   The new turnover rent charged for each re-rented unit.

  (g)   Each landlord must maintain records for each project on an aggregate basis containing the following information, that must be made available to the County upon request:

    (1)   A description of utilities that are included in the rent;

    (2)   The landlord's actual monthly utility costs, including gas, electric, heating, fuel, trash removal, and water and sewer;

    (3)   The availability of certain amenities, including air conditioning, wall-to-wall carpeting, dishwasher, garbage disposal, washer/dryer in apartment unit or on the site, patio-balcony, swimming pool and tennis courts;

    (4)   The actual operating expenses, by category;

    (5)   The actual operating revenues, by category;

    (6)   A schedule of any other fees and income; and

    (7)   Tenant rent/income ratio for prospective tenants that protects the confidentiality of personal income information and that is available to the landlord as part of the normal renting process.

  (h)   Each landlord of a rental dwelling unit in a common ownership community must report to the governing body of the common ownership community the rental status of each unit owned by the landlord.  Any status change must be reported to the governing body, or its delegated agent, within 10 days after the change.

  (i)   The governing body of a common ownership community must file with the Department information provided by the landlord identifying each dwelling unit in the community that is rented by the owner to another person. The information must identify the unit and the name and address of the landlord to the extent that the landlord provides this information.

  (j)   The Director is primarily responsible for controlling rental housing data surveys for the County. The Director must share this information with other governmental agencies that need it without invading individual privacy. In this regard, the Director must coordinate survey activities with other County departments, and make available to the departments the results of all surveys in accordance with applicable procedure.

  (k)   The Director must publish, unless the publication is prohibited under State law, the information collected in the rental housing data survey on the County website, including a table listing all rental housing consisting of two or more dwelling units by unit type and building type.

  (l)   Any landlord who violates any provision of this Section is liable for payment of a civil penalty in an amount not to exceed $1,000 for each violation.

**Sec. 29-52. Referral services.**

  (a)    The County Executive must develop and operate a central referral service for the use of tenants, landlords, and government agencies. The operation of the referral service may be contracted to the Housing Opportunities Commission.

  (b)    Housing information and referral services to be offered must include, but are not limited to:

    (1)   Counseling services to tenants who need alternative housing or financial assistance;

    (2)   Validation of tenants' need for alternative housing;

    (3)   Determination of eligibility for available financial assistance for housing programs based upon income;

    (4)   Listing of agencies that can assist in locating housing;

    (5)   Listing of available financial assistance programs.

  (c)    In coordination with other public and private agencies, the Director must maintain a listing of the location and characteristics of vacant dwelling units, and their rent rates.

**Sec. 29-53. Voluntary rent guidelines; review of rent increases.**

  (a)   The County Executive must issue annual voluntary rent increase guidelines not later than March 1 of each year.  The Executive must publish the guidelines in the County Register and on the County website.

  (b)   The guidelines must be based on the increase or decrease in the residential rent component of the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA) as published by the United States Department of Labor, Bureau of Labor Statistics, or any successor index, for the preceding calendar year, unless an alternative standard better reflecting the costs of rental housing in the County is established by regulation.

  (c)   The Department should encourage landlords to hold rent increases at the lowest level possible.  The Department may review any rent increase that appears to be excessive and encourage the landlord to reduce, modify, or postpone the increase.

**Sec. 29-54. Rent adjustments; notice requirements.**

  (a)    A landlord must not increase the rent until 90 days after the landlord gives the tenant written notice of the increase.  A landlord must not impose more than one rent increase on a tenant in any 12-month period.  Each written rent increase notice must contain the following information:

    (1)   The amount of monthly rent immediately preceding the effective date of the proposed increase (old rent), the amount of monthly rent proposed immediately after the rent increase takes effect (new rent), and the percentage increase of monthly rent.

    (2)   The effective date of the proposed increase.

    (3)   The applicable rent increase guideline issued under Section 29-53.

    (4)   A notice that the tenant may ask the Department to review any rent increase that the tenant considers excessive.

    (5)   Other information that the landlord deems useful in explaining the rent increase.

    An otherwise valid notice of a rent increase is not invalid because the notice contained an incorrect rent increase guideline number if the landlord reasonably believed that the number was correct.

  (b)    Written notice may be delivered to the tenant by any reasonable means. However, a notice has not been delivered unless the notice is mailed via the United States Postal Service to the tenant's dwelling unit, or unless a signed receipt is obtained from the tenant or the tenant's representative. If the tenant is notified by mail, other than registered or certified mail, the landlord must certify, by affidavit dated at the time of mailing, that the landlord has mailed the notice.  The landlord must retain a copy of the affidavit in the landlord's records.

  (c)    For the purposes of these notice requirements, the day after the postmark date is the date of delivery if the notice was delivered to the proper person by U.S. mail. If any notice is sent by U.S. certified or registered mail, the receipt or registration is presumptive evidence that the notice was delivered to the party to which addressed, and the date of the receipt or registration is the postmark date.

  (d)    When the last day for performing any act prescribed under this Chapter falls on a Saturday, Sunday or legal holiday, the performance of that act is timely if it is performed on the next day that is not a Saturday, Sunday or legal holiday.

**Sec. 29-55. Rent increases and late fees following the COVID-19 state of emergency – prohibited.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated.

  Emergency means the catastrophic health emergency declared by the Governor of Maryland on March 5, 2020, as amended or extended by the Governor, under Section 14-3A-02 of the Public Safety Article of the Maryland Code.

  Tenant has the meaning stated in Section 29-1. Tenant includes an existing tenant. Tenant does not include a prospective tenant.

  (b)   Rent increases above guidelines – when prohibited. A landlord must not increase a tenant’s rent to an amount that exceeds the voluntary rent guidelines under Section 29-53 if:

    (1)   the rent increase would take effect during the emergency; or

    (2)   notice of the rent increase does not comply with subsection (c) and Section 29-54.

  (c)   Notices of rent adjustments.

    (1)   During the emergency and until May 15, 2022, a landlord must not notify a tenant of a rent increase if the increase would exceed the voluntary rent guidelines under Section 29-53.

    (2)   If a landlord provided notice of a rent increase to a tenant prior to the emergency and the increase would exceed the voluntary rent guidelines under Section 29-53, the landlord must inform the tenant in writing:

      (A)   to disregard the notice; or

      (B)   that the increase is amended to be less than or equal to the voluntary rent guidelines under Section 29-53.

  (d)   Late fees – when prohibited. A landlord must not charge a fee to a tenant for the nonpayment or late payment of rent due during the emergency, or due between the expiration of the emergency and May 15, 2022, unless the landlord first provides to the tenant, in a form prescribed by the Director:

    (1)   a notification that the tenant may qualify for the waiver of late fees under subsection (e); and

    (2)   an attestation for the tenant to sign to receive the waiver.

  (e)   A landlord must waive late fees for the nonpayment or late payment of rent due during the emergency, or due between the expiration of the emergency and May 15, 2022, if a tenant attests, in the application prescribed by the Director under subsection (d), that the tenant:

    (1)   has experienced a COVID-19 related financial hardship;

    (2)   has a gross household income at or below 50% of the area median income for the previous 30 days, or for the 2020 tax year; and

    (3)   has been a Montgomery County resident since August 2020 or earlier.

  (f)   A landlord must not require proof of, or challenge the veracity of, a tenant’s attestation under this Section.

  (g)   Notice of expiration of emergency. The Department must post on its website information about the requirements of this Section, including the date that the emergency expired, and the date that requirements under this section expire.

  Sec. 4.  Short title.  This Act may be cited as the “COVID-19 Renter Relief Act”.

**Sec. 29-56.Rent stabilization – definitions.**

  Definitions.  In Sections 29-56 through 29-62, the following terms have the meanings indicated:

  Banked amount means the dollar amount of an annual rent increase allowance that a landlord did not use to increase the rent for a regulated unit.

  Base rent means rent charged for a regulated rental unit under a lease, exclusive of any rental discounts, incentives, concessions, or credits that are:

    (1)   offered by the landlord;

    (2)   accepted by the tenant; and

    (3)   itemized in the lease separate from the rent.

  Capital improvements mean permanent structural alterations to a regulated unit intended to enhance the value of the unit. Capital improvements include structural alterations required under federal, state, or County law. Capital improvements do not include ordinary repair or maintenance of existing structures.

  CPI-U means the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria Area, published by the U.S. Bureau of Labor Statistics.

  Regulated rental unit or regulated unit means a rental unit that is not exempted under Section 29-60.

  Substantial renovation means permanent alterations to a building that:

    (1)   are intended to enhance the value of the building; and

    (2)   cost an amount equal to at least 40 percent of the value of the building, as assessed by the State Department of Assessments and Taxation.

**Sec. 29-57. Annual rent increase allowance.**

  (a)   Annual rent increase allowance.  The Director annually must calculate a rent increase allowance for regulated rental units equal to the lesser of:

    (1)   CPI-U plus 3 percent; or

    (2)   6 percent.

  (b)   Publication.  The Director must publish the annual rent increase allowance in the County Register and on the County website.

  (c)   Duration.  A rent increase allowance under subsection (a) remains in effect for a 12-month period, beginning July 1st of each year and ending on June 30th of the following year.

**Sec. 29-58. Rent increases – in general; vacant units; and limited surcharges for capital improvements.**

  (a)   In general.  Except as provided under subsection (b), upon a lease renewal or new lease agreement, a landlord must not increase the rent of a regulated rental unit to an amount greater than:

    (1)   the base rent; plus

    (2)   the rent increase allowance under Section 29-57; plus

    (3)   any banked amount; and

    (4)   does not exceed 10 percent of the base rent.

  (b)   Troubled or at-risk properties.  Subject to Method (2) regulations adopted by the Director, a regulated unit located in a property designated by the Department as “troubled” or “at risk” under Section 29-22(b) must not increase rent in excess of an amount the Director determines necessary to cover costs required to improve habitability.

  (c)   Rent increase – vacant unit.  Subject to Method (2) regulations, the Director must determine the allowable annual rent increase for a regulated unit that returns to the market for rent after being vacant for more than 12 months with no active lease, either by a written or oral agreement.

  (d)   Limited surcharge for capital improvements.  Subject to subsection (e), the Director must grant a landlord’s petition to add a surcharge to the amount permitted under subsection (a) if, in accordance with Method (2) regulations, the Director determines:

    (1)   the surcharge is limited to an amount necessary to cover the costs of capital improvements to the regulated unit, excluding the costs of ordinary repair and maintenance;

    (2)   the surcharge does not take effect until after the capital improvements are completed;

    (3)   if the capital improvements are for all rental units within the building, the surcharge:

      (A)   is divided equally among the units;

      (B)   is prorated over at least 96 months; and

      (C)   does not exceed 20 percent of the base rent;

    (4)   if the capital improvements apply only to certain regulated rental units within the building, the surcharge:

      (A)   is divided equally among the affected units;

      (B)   is prorated over at least 60 months; and

      (C)   does not exceed 15 percent of the base rent;

    (5)   the surcharge for each unit ends once the costs of the capital improvements, including any interest and service charges, have been recovered by the landlord;

    (6)   the capital improvements would protect or enhance the health, safety, and security of the tenants or the habitability of the rental housing;

    (7)   if the capital improvements would result in energy cost savings:

      (A)   the savings would be passed on to the tenant; and

      (B)   either:

        (i)   the improvements would result in a net savings in the use of energy in the building; or

        (ii)   the improvements are intended to comply with applicable law;

    (8)   the capital improvements are depreciable under the federal Internal Revenue Code;

    (9)   the applicant has certified to the Director the costs of the capital improvements, including any interest and service charge; and

    (10)   the applicant has certified to the Director that required governmental permits and approvals have been granted.

  (e)   Surcharge – additional requirements.

    (1)   A landlord must maintain, and must make available to a tenant upon request, all plans, contracts, specifications, and permits related to any capital improvements for which a surcharge has been granted.

    (2)   Immediately upon the completion of capital improvements under this Section, a landlord must permit the return to affected rental units of any tenants displaced due to the improvements.

**Sec. 29-59. Fair return.**

  (a)   Fair return rent increase.  In accordance with this Section and Method (2) regulations adopted by the Director:

    (1)   a landlord may apply to the Director to increase rent for a regulated unit in an amount that exceeds the annual rent increase allowance; and

    (2)   the Director must grant the application if the Director finds that the increase is necessary for the landlord to obtain a fair return on the regulated unit.

  (b)   For purposes of this Section, fair return means a return on investment:

    (1)   sufficient to offset operating expenses; and

    (2)   commensurate with returns on investments in other enterprises having comparable risks.

  (c)   The Director must adopt Method (2) regulations necessary to implement the requirements of this Section, including regulations to establish:

    (1)   a formula to determine the rent increase necessary to obtain a fair return for a regulated unit;

    (2)   application requirements, including the information an applicant must submit to demonstrate the rent necessary to obtain a fair return;

    (3)   a uniform system and procedures for processing applications;

    (4)   criteria the Director must use to evaluate and to grant or deny an application; and

    (5)   the duration of a rent increase approved under this Section.

**Sec. 29-60. Exempt rental units.**

  (a)   Exemptions.  The requirements of Section 29-58 do not apply to:

    (1)   a newly constructed unit that has been offered for rent for less than 23 years;

    (2)   a unit in a licensed facility, the primary purpose of which is the diagnosis, cure, mitigation, and treatment of illnesses;

    (3)   a unit in a facility owned or leased by an organization exempt from federal income taxes under Section 501(c)(3) of the Internal Revenue Code if the primary purpose of the organization is to provide temporary shelter for qualified clients;

    (4)   an owner-occupied group house;

    (5)   a religious facility, including a church, synagogue, parsonage, rectory, convent, and parish home;

    (6)   a transient lodging facility subject to Chapter 54;

    (7)   a school dormitory;

    (8)   a licensed assisted living facility or nursing home;

    (9)   a building originally designed and constructed to contain only 2 dwelling units, one of which the owner currently occupies as a principal residence;

    (10)   an accessory dwelling unit;

    (11)   a unit subject to a regulatory agreement with a governmental agency that restricts occupancy of the unit to low and moderate income tenants;

    (12)   subject to Method (2) regulations issued by the Department, a unit located within a substantially renovated building if:

      (A)   the substantial renovation occurred within the prior 23 years; and

      (B)   the building is not in violation of Chapters 8, 26, or 29; and

    (13)   a rental unit owned by a landlord who:

      (A)   owns 2 or fewer rental units within the County; and

      (B)   is either:

        (i)   a natural person; or

        (ii)   the trust or estate of a decedent.

  (b)   Expiration of exemption.  An exemption under subsection (a) expires when the conditions entitling the unit or facility to an exemption cease to exist.

**Sec. 29-61. Regulation of fees.**

  (a)   Regulations.  The Director must issue Method (2) regulations regarding limitations on fee increases or new fees charged by the landlord to the tenant for a regulated rental unit.

  (b)   Fee schedule.  At the discretion of the Director, a fee schedule may be included, as a part of the regulations.

**Sec. 29-62. Rent stabilization data collection.**

  (a)   In accordance with the requirements under Section 29-51, a landlord must comply with and submit data to the Department regarding regulated rental units, rents, fees charged to tenants, and notices of rent increases.

  (b)   The annual rental housing survey data collected by the Department under Section 29-51 must be made available for the Council to review and determine the effectiveness and compliance with this Act.

**Sec. 29-63 — Sec. 29-65.Reserved by 2000 L.M.C., ch. 32, § 1.**

### Article VII. Property Standards for Mobile Home Parks.

**Sec. 29-66. Definitions.**

  In this article, the following words have the meanings indicated:

    (1)   Mobile home means a structure that is:

      a.   Intended for residential use;

      b.   Transportable in one (1) or more sections;

      c.   Eight (8) body feet or more in width and is thirty-two (32) body feet or more in length;

      d.   Built on a permanent chassis; and

      e.   Designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

    (2)   Mobile home does not mean a recreational vehicle as defined in section 59-A-2.1 of the Zoning Ordinance of this Code.

    (3)   Mobile home park or park means any plot of ground upon which two (2) or more mobile homes occupied for dwelling or sleeping purposes are located, whether or not a charge is made for the accommodations.

    (4)   Mobile home space means a plot of ground within a mobile home park designed to accommodate one (1) mobile home.

    (5)   Owner means the owner of a mobile home park.

    (6)   Recreational vehicle means a vehicle that is:

      a.   Mounted on wheels for use on highways and streets;

      b.   Propelled or drawn on its own or other motor power;

      c.   Of a size or weight that does not require special highway movement permits when drawn by a motorized vehicle;

      d.   Primarily designed and constructed to provide temporary living quarters for recreational, camping, or travel use; and

      e.   Of a body width of no more than eight (8) feet and a body length of no more than thirty-two (32) feet when factory-equipped for the road.

**Sec. 29-67. Reserved for mobile homes.**

  (a)   Space in mobile home parks must be used exclusively for mobile homes. A person must not locate a recreational vehicle, tent, camper, or similar housing on a space in a mobile home park.

  (b)   A recreational vehicle, camper, or similar housing that is located on a mobile home space when this article takes effect may remain where it is located until:

    (1)   Its owner either sells or moves it; or

    (2)   The occupant at the time this law takes effect moves. At that time, subsection (a) applies.

**Sec. 29-68. Requirements for park plan.**

  The owner must assure the following minimum requirements in the design and operation of the park:

  (a)   Drainage. The park must be properly graded to ensure adequate drainage and freedom from stagnant pools of water.

  (b)   Location and space requirements.

    (1)   The owner must locate a mobile home on a space in a manner that provides clearance of at least ten (10) feet side to side, eight (8) feet end to side, or six (6) feet end to end between any other unit or any building.

    (2)   Every mobile home must be at least six (6) feet from any property line bounding the park. Where the mobile home space abuts another mobile home park, the owner may maintain existing setbacks.

    (3)   A mobile home that is located on a mobile home space when this article takes effect may remain in place on that space. However, if the owner of the mobile home sells or moves it, or the occupant at the time this article takes effect moves, the provisions of subsections (b)(1) and (2) apply.

    (4)   The owner of a park must not increase the number of mobile home spaces in the park above the number licensed when this article takes effect.

  (c)   Driveways and roads. All mobile home spaces must abut on a road or driveway that is at least twenty (20) feet wide and that has unobstructed access to a public road. All roads and driveways must be hard surfaced, well marked, and, at night, well lighted.

  (d)   Road signs. Every road must be clearly marked with the road name. All road and traffic signs must be clearly visible and readable at night.

  (e)   Electrical outlets. The owner must provide each mobile home space with an electrical outlet supplying adequate power of at least one hundred ten (110) volts. The department must approve each outlet.

**Sec. 29-69. Water supply.**

  The owner must provide to each space an accessible and adequate supply of safe and potable water that meets the requirements of the State Department of Health and Mental Hygiene and the County Department of Health and Human Services.

**Sec. 29-70. Sewage disposal.**

  The owner must provide access to a public or private sewer system that meets the requirements of applicable ordinances and state and county regulations.

**Sec. 29-71. Mobile home installation.**

  An owner must ensure the installation of a mobile home conforms to the standards of the manufacturer for foundations, piers, or other supports and for the use of tiedowns and anchors.

**Sec. 29-72. Independent mobile homes.**

  Only completely independent mobile homes, with built-in sanitation facilities, are permitted in mobile home parks. The owner must provide each mobile home with a water and sewer outlet that meets the Washington Suburban Sanitary Commission (WSSC) regulations. Each mobile home must have water and sewer equipment that is compatible with the equipment required by the WSSC.

**Sec. 29-73. Maintenance of premises; insect and rodent control.**

  (a)   The owner must ensure all buildings and the grounds of the park are maintained in a clean, sightly condition and must keep them free of any condition that will menace the health or constitute a nuisance to any occupant or the public.

  (b)   The owner must eliminate all harborage places for rodents and hosts of insect vectors. The owner must eliminate or effectively treat all breeding places for flies and mosquitoes.

**Sec. 29-74. Garbage receptacles; collection and disposal of garbage and rubbish.**

  The owner must provide a tightly covered metal garbage can for each mobile home space, keep the cans in sanitary condition at all times, and provide tight metal covers for the cans. The owner must ensure garbage and rubbish is collected and disposed at least once a week.

**Sec. 29-75. Fire protection.**

  The mobile home park must comply with the applicable sections of the Montgomery County Fire Safety Code, including the Standard for Fire Safety Criteria for Mobile Home Installations, Sites and Communities (National Fire Protection Association (NFPA)501A). The owner may appeal any notice and order process requiring correction of violations of the Fire Safety Codes from the department of fire and rescue services as provided in chapter 22 of this Code.

**Sec. 29-76. Supervision.**

  The licensee, owner, or an authorized attendant or agent must be accessible at all times to keep the park, and the facilities and equipment of the park, in a clean, orderly, and sanitary condition. A licensee, owner, authorized attendant, or agent is responsible for complying with the provisions of this article. The director may serve a licensee, owner, authorized attendant, or agent with a notice and order to correct, a citation, or an injunction.

**Sec. 29-77. Appeals procedure.**

  (a)   A person served with a notice and order to correct may file a written appeal with the director. The person served with a notice and order to correct has ten (10) calendar days from the date of receipt of the notice and order to file the appeal. The appeal must include a brief statement specifying the grounds for appeal. The filing of an appeal does not stay an order.

  (b)   Upon timely receipt of an appeal in which the petitioner requests a meeting, the director must conduct a conference within five (5) work days. Any representative that the petitioner selects may accompany the petitioner. The director must give the petitioner an opportunity to show cause why the director should withdraw or modify the notice and order. The director may postpone an appeal conference up to ten (10) work days.

  (c)   Within seven (7) calendar days following a meeting to consider an appeal, the director must issue a written decision that either sustains, modifies, or rescinds the disputed notice and order.

  (d)   In cases where the petitioner files a timely appeal but does not request a meeting with the director, the director must evaluate all available data, including the initial notice and order, reports of subsequent inspections, and any written submissions offered by the petitioner. Within fifteen (15) calendar days after an appeal is filed, the director must issue a written decision that either sustains, modifies, or rescinds the disputed notice and order.

  (e)   A petitioner may appeal a decision of the director to the board of appeals within thirty (30) days after the director issues the decision. However, if the director's decision concerns a fire or health violation, the petitioner may appeal within ten (10) days after the director issues the decision.

  (f)   This section does not foreclose the right of the owner, agent, operator, and the chief administrative officer to conciliate grievances that arise from notices of violations and orders to correct.

  (g)   This section does not prevent any person from exercising any right or seeking any remedy the person might otherwise be entitled to or from filing any compliant with a court.

**Sec. 29-78. Waivers or variances.**

  (a)   The director may waive or vary the requirements of this article for up to six (6) months after making an investigation. Any extension or renewal of a waiver or variance requires the approval of the board of appeals.

  (b)   The director must issue the waiver or variance in writing, and must keep a copy available for public inspection during regular business hours.

**Sec. 29-79. Penalty for violation of article.**

  The violation of any provision in this article is punishable as a class A violation under section 1-19 of this Code.

**Sec. 29-80. Regulations.**

  The county executive may adopt regulations under method (2) of section 2A-15 of this Code to implement this article.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 29A. Legislative Oversight.

**Sec. 29A-1. Title.**

  This chapter shall be known as the "Montgomery County legislative oversight act."

**Sec. 29A-2. Findings.**

  The county council regards economical and efficient management and the judicious use of public funds and resources as a primary responsibility of the various public agencies and departments. The expanded scope, complexity and cost of county government necessary to respond to increased needs and demands of county residents make it essential that each county department, agency and instrumentality, and each government related and funded entity, have strong financial management and sound management practices and controls. County growth has added to the duties and responsibilities of government officials and employees. Every available tool is needed to help in the administration of programs and the expenditure of funds in accordance with the needs of county citizens as those needs are expressed through actions of the county council.

  On several occasions the county council has recognized the need for assurance that the manner in which certain programs and activities are being operated is in the best interests of the county. Staff and time limitations on the part of the council have, in most cases, made impossible the investigation and evaluation by the council itself. Frequently the council has found it necessary to rely on review and evaluation by the officials responsible for the programs and activities in question or by entities directly or indirectly related to those programs and activities. It is clear to the council that this procedure is no longer a satisfactory method to assure confidence in the integrity and efficiency of county government and government related activities within the community. A sound on-going mechanism for objective review and evaluation outside the programs and activities under consideration is urgently needed. The council intends this chapter to provide the means for determining how well management, financial and program responsibilities of organizations using county funds are carried out.

**Sec. 29A-3. Purpose.**

  The purpose of this chapter is to provide a mechanism to review and enhance economy and efficiency in the management and operation of county government, other public agencies and government related and funded activities. This chapter is intended to facilitate maximum results for each tax dollar spent in the county, to bring about cost savings wherever possible, and to assure that the mandate and intent of federal, state and local legislation affecting the county is carried out in the best possible manner to meet community needs.

**Sec. 29A-4. Reserved.**

**Sec. 29A-5. Office of Legislative Oversight—Responsibilities, powers and duties.**

  (a)    General responsibilities.

    (1)   The Office shall serve as a principal means through which the county council exercises its legislative oversight functions.

    (2)   The overall responsibility of the Office shall be to determine the effectiveness of funding and legislation approved and enacted by the council in meeting community needs. Emphasis shall be on the relationship between benefits derived from services performed and the public costs involved in providing those services.

    (3)   The Office shall provide the council with information, analyses and recommendations concerning the management and operations of public and private agencies and instrumentalities for which funds are appropriated or approved by the council or which directly or indirectly use funds appropriated or approved by the council.

  (b)    Powers and duties. In addition to any other power, duty, or responsibility provided in this Chapter, the Office has the following powers and duties:

    (1)   Review and evaluate financial controls and accountability, efficiency of management and utilization of resources, internal controls, and effectiveness of program results of the various departments, agencies and entities using funds appropriated or approved by the county council.

    (2)   Report on conditions found, identify weaknesses, and suggest ways and means for improvement of financial and operating management, including prescribed principles and standards of accountability and internal controls.

    (3)   Evaluate new legislative proposals and requests for appropriations in terms of availability and effectiveness of existing resources to meet the needs and to fulfil the purposes of the new proposals.

    (4)   Conduct special audits, surveys and investigations at the request of the county council.

    (5)   Conduct special program or budget analyses on selected operational units, programs, functions, and activities.

    (6)   Structure the review and evaluation program of the Office so as to avoid duplication of effort and to make maximum use of all available resources.

    (7)   Allocate resources to those areas known or considered to be of direct interest to the county council in accordance with the work program approved by the council for the office.

    (8)   Report to the county council and to the general public its findings and recommendations in the manner provided in section 29A-9 of this chapter.

    (9)   Administer contracts with the certified public accountant employed by the council to conduct the annual audit of county transactions pursuant to the county charter.

    (10)   Develop uniform review and evaluation procedures, guidelines and regulations for the conduct and explanation of audits, surveys and investigations under this chapter. Regulations that may be issued pursuant to this chapter shall be adopted under method (2) of section 2A-15 of this Code.

    (11)   Employ consultants and technical advisors as might be necessary to carry out the purposes of this chapter in accordance with funds appropriated by the county council.

    (12)   Review all post audit reports by certified public accountants hired by other public county and bi-county agencies and request comments from agency directors on the certified public accountant's findings.

    (13)   Review all executive branch internal audit and program evaluation reports and request comments from agency directors.

    (14)   Report to the county council on contract administration and performance, using a random sample of county contracts.

**Sec. 29A-6. Office of Legislative Oversight—Work program.**

  (a)    The Office shall prepare an annual work program, which shall be submitted to the county council for approval or modification.

  (b)    The work program recommended by the Office shall allocate available resources based on:

    (1)   Statutory requirements.

    (2)   Council requests and indication of council interest.

    (3)   Potential areas of improvement in management and financial controls and operations.

    (4)   Areas which have been identified as involving weaknesses in management and financial controls and operations.

    (5)   Programs with large expenditures, assets or revenues.

    (6)   Operational units, programs, functions, and activities identified by the Council as requiring special program or budget analyses and review.

**Sec. 29A-7. Access to records and information; retaliation prohibited.**

  (a)    The Office of Legislative Oversight shall have access to, and the right to examine, any pertinent books, documents, papers or records of any department, agency or instrumentality or any contractor with the county or its instrumentalities necessary to carry out the responsibilities assigned hereunder.

  (b)    Included within the scope of this section shall be such information as is necessary to determine powers, duties, activities, organization, financial transactions and methods of operation, management and accountability.

  (c)    No employee of the county government or any instrumentality of the county and no employee of any contractor with the county or any of its instrumentalities shall be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the Office of Legislative Oversight in connection with any activity of that Office carried out pursuant to the provisions of this chapter.

**Sec. 29A-8. Power of council to subpoena witnesses and administer oaths.**

  Upon request by the director, and pursuant to the authority contained in chapter 2, section 2-20 of this Code, the county council may issue subpoenas for witnesses, and the presiding member of the council may administer the oath or affirmation to any witness who may be examined before the council or a council committee in connection with any investigation, inquiry or survey authority pursuant to this chapter.

**Sec. 29A-9. Reports.**

  (a)    The report by the Office of each audit, survey or investigation conducted pursuant to this chapter shall be submitted in writing to the county council. Except as otherwise provided in subsection (b) of this section, all reports shall be made available by the council to:

    (1)   The general public; and

    (2)   The director of any agency or department that is the subject of a report. Thirty (30) days after receipt, the agency or department director shall give the county written comments on the report findings. The agency or department director shall also give the county council status reports on actions taken to resolve the problems indicated in the report findings. The status reports shall be given every six (6) months, from the date of the director's comments, until all problems are resolved.

  (b)    Within 15 days after receiving a written report from the Office, the Council must determine whether the report, or any part of the report, must not be made public. The only basis on which a report, or any part of a report, must not be made public is if the report or part contains information that would not be available for public inspection under Subtitle 6, Title 10 of the State Government Article of the Maryland Code.

  (c)    If a report, or any part of a report, is not made public by the council, the Office shall promptly release to the public a general summary of the report or part together with the reasons why the report or part was not made public.

**Sec. 29A-10. Penalties.**

  Anyone failing to respond to a valid request by the Office pertinent to the matter under consideration for the production of records and information pursuant to section 29A-7 of this chapter, anyone failing to respond to a subpoena issued by the council pursuant to section 29A-8 of this chapter, anyone who knowingly gives false or misleading information in connection with any audit, survey or investigation conducted pursuant to this chapter, or anyone who retaliates against or who threatens retaliation against any person for that person's furnishing of information or cooperation in any investigation or inquiry conducted pursuant to this chapter shall be punished for a class A violation as set forth in section 1-19 of chapter 1 of this Code.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 30. Licensing and Regulations Generally.

**Sec. 30-1. Picnics, dances, soirees, parties, and other entertainment—License or permit required.**

  It shall be unlawful for any person to hold in the county any picnic, dance, soiree, party, or other entertainment for gain or profit to which the general public is admitted, without having first obtained a permit or license for the activity.

**Sec. 30-2. Same-Authority to regulate, etc.**

  The fees for licenses issued under this chapter shall be of such an amount as the county executive by regulation, adopted under method (3) of section 2A-15 of this Code, may set from time to time and shall not exceed the cost of administering this chapter. The permit fee so fixed shall be submitted with the application and is not refundable in whole or in part. The county executive is authorized to adopt such regulations, under method (3) of section 2A-15 of this Code, in connection with such permit, license and fee, as are necessary to protect the public health, safety and welfare.

**Sec. 30-3. Penalty for violations of section 30-1.**

  (a)   Any violation of Section 30-1 or any regulation issued under it is a class A violation.

  (b)   Notwithstanding Section 1-19, for any violation of Section 30-1 occurring at a residential property, the civil penalty must be in an amount not to exceed $5,000, except that this Section 30-3(b) does not apply when the entire gain or profit derived from the prohibited activity directly benefits an organization registered under a following section of the Internal Revenue Code: § 501(c)(3), § 501(c)(4), § 501(c)(5), § 501(c)(6), § 501(c)(7); § 501(c)(8); § 501(c)(10); § 501(c)(19); § 501(k); or § 527.

  (c)   Notwithstanding Section 1-19, for any violation of a following section occurring at a residential property during the same occurrence as a violation of Section 30-1, the civil penalty for each violation must be in an amount not to exceed $5,000, except that this Section 30-3(c) does not apply when the entire gain or profit derived from the prohibited activity directly benefits an organization registered under a following section of the Internal Revenue Code: § 501(c)(3), § 501(c)(4), § 501(c)(5), § 501(c)(6), § 501(c)(7); § 501(c)(8); § 501(c)(10); § 501(c)(19); § 501(k); or § 527:

    (1)   Section 31B-5;

    (2)   Section 59.3.1.6 of the Zoning Ordinance; or

    (3)   Section 59.3.5.10 of the Zoning Ordinance.

**Sec. 30-4. Benefit performances.**

  (a)   A bona fide non-profit organization may conduct a performance for the exclusive benefit of a volunteer fire department, or a charitable, benevolent, patriotic, fraternal, educational, religious or civic object. A benefit performance includes an outdoor or indoor carnival, fair, picnic, dance, card party, bazaar, concert, contest, horse show, exhibition, lecture, barbecue, or dinner, to which the public is invited or admitted, with or without charge for admission. The net proceeds must benefit solely the non-profit organization.

  (b)   Before conducting any benefit performance, any organization must obtain from the Director of Permitting Services a written permit under this Chapter. A benefit performance must be managed by the organization that will benefit from it, and may be operated by or with a contractor of that organization.

  (c)   Any person who conducts a benefit performance in violation of this Section has committed a class A violation.

**Sec. 30-5. Public amusements, clubhouses, sanitariums, hospitals, etc.-Generally.**

  (a)   The council is hereby empowered to prescribe by law for the licensing and regulation within the limits of the county any place of public amusement or recreation, pleasure parks, picnic grounds, clubhouses, theatrical exhibitions, baseball grounds, bowling alleys, billiard halls or poolrooms, camp-meeting grounds, graveyards, sanitariums, hospitals, homes for the aged, private educational institutions, orphan asylums, homes for children and convalescent homes, signs or signboards, roadside stands or establishments; and in order to safeguard the public health, safety, morals and welfare, to pass regulations for the purpose of carrying out the powers herein granted or to authorize the county executive to issue regulations to implement any law; provided, that such regulations shall contain proper standards for the exercise of the discretion conferred herein and shall operate uniformly; provided further, that the power of the council to license, regulate or limit clubhouses shall not apply to the clubhouses of country clubs which were in existence and operation on January 1, 1927, and which on that date had a public or private list of fifty (50) or more bona fide members paying dues and which on that date maintained on the club premises at least two (2) of the following athletic facilities for their membership:

    (1)   A golf course of nine (9) holes or more;

    (2)   Two (2) or more tennis courts; or

    (3)   A swimming pool not less than forty (40) feet in length and twenty (20) feet in width.

  (b)   Any regulation adopted under this section shall be adopted under method (2) of section 2A-15 of this Code.

**Sec. 30-6. Same-Licensing.**

  It shall be unlawful for any person to operate, set up, establish or conduct any business or enterprise mentioned in the preceding section of this Code, unless such person shall first obtain a license, if such is required by any rule, regulation or law passed under the authority of the preceding section, for the operation of such business enterprise and shall pay such sum as may be fixed as a license fee for the business or enterprises so operated or established; provided, that any person, house, company, association or body corporate that shall operate or establish any business or enterprise mentioned in the preceding section without first having procured the license prescribed, shall be guilty of a misdemeanor and shall be fined as prescribed by law not more than one thousand dollars ($1,000.00) for such offense or such other penalty as provided in such law.

**Sec. 30-7. Pawnbrokers-Defined.**

  The term "pawnbroker" includes any person or members of a corporation or firm who loans money on deposits or pledge on personal property or other valuable thing, other than securities or printed evidences of indebtedness, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back at a stipulated price.

  "(a)   Notwithstanding any provision of Chapter 8, Chapter 59, or any other County law to the contrary, the Director of the Department of Permitting Services must not issue or allow the transfer of a certificate of use and occupancy between July 22, 1997, and September 30, 1998, for any nonresidential use of property by a pawnbroker.

  (b)   Notwithstanding any provision of Chapter 8, Chapter 59, or any other County law to the contrary, any certificate of use and occupancy issued between July 22, 1997, and September 30, 1998, for the nonresidential use of property by a pawnbroker is void.

  (c)   Subsections (a) and (b) do not prohibit the Director from issuing a use and occupancy certificate for the nonresidential use of property ("new location") by a pawnbroker that holds a valid use and occupancy certificate for the use of another property ("current location") in the County if:

    (1)    both the current location and the new location are owned by the same property owner;

    (2)    the new location adjoins the current location directly or through one or more properties owned by the same property owner;

    (3)    the total floor space (square footage) of the new location is not more than 100 percent larger than the total floor space of the current location; and

      (4)    the pawnbroker surrenders the use and occupancy certificate for the current location when the Director issues a certificate for the new location.

  (d)   In this Act, pawnbroker means a pawnbroker as defined in Section 30-7 of the County Code or Section 12-101(e) of the Maryland Secondhand Precious Metal Object Dealers and Pawnbrokers Act."

**Sec. 30-8. Same-Regulation and licensing generally.**

  (a)   The council is hereby authorized to provide by law for the regulation and licensing of pawnbrokers and their activities, as it shall deem necessary to promote the public health, safety, morals and welfare of the community.

  (b)   Any regulation adopted under this section shall be adopted under method (3) of section 2A-15 of this Code.

**Sec. 30-9. Closing-out sales-Authority to regulate.**

  The council is hereby authorized and empowered to provide by law for the licensing and conduct of any sale which is advertised to be a termination of business or a cessation of the operation of such business or a transfer to a new name or any other such sale in connection with which there is any representation by the individual, partnership, voluntary association or corporation conducting such sale, that the sale is being conducted or is required or compelled to be conducted, for reason of economic or business distress, or inability to continue business for any reason; or any other expression or characterization closely similar to any of the foregoing and calculated to convey to the public the information or belief that upon the disposal of the goods to be placed on sale, the business being conducted at any location will cease, or be discontinued, or otherwise be vacated or transferred, surrendered or handed over to a successor in business or conducted under a new name; or a sale in anticipation of, or in avoidance of termination, liquidation, revision, windup, discontinuation, conclusion, dissolution or abandonment.

**Sec. 30-10. Closing-out sales.**

  (a)   Definition.

    (1)   In this section, "closing-out sale" means any sale in connection with which the person conducting the sale represents that the sale is being conducted, or must be conducted, for reasons of

      (A)   economic or business distress,

      (B)   inability to continue business at the same location, or

      (C)   the age or health of an owner of the business.

    (2)   "Closing-out sale" includes any sale advertised, represented or held under the designation of "going out of business," "discontinuance of business," "selling out," "liquidation," "lost our lease," "must vacate," "forced out," "removal" or any similar designation, but does not include the closing out of an item of merchandise.

  (b)   License required.

    (1)   A person must not advertise or offer for sale in the County merchandise under the description of “closing-out sale” or merchandise damaged by fire, smoke, water or otherwise, unless the owner of the business obtains a license to conduct the sale from the Director of the Office of Consumer Protection.

    (2)   The owner of the business where the proposed sale will take place must file an application with the Director, in writing and under oath, at least 14 days before the opening date of the sale, disclosing all relevant facts relating to the sale, including:

      (A)   the first and last dates of the proposed sale;

      (B)   the date when the owner of the business intends to stop the operations of the business at the location or locations listed in the application;

      (C)   a complete inventory of the merchandise to be sold;

      (D)   a list of all persons with an ownership interest in the business if the business does not have publicly-traded shares;

      (E)   the text of all advertising that will be placed in print or electronic media in connection with the proposed sale; and

      (F)   all details necessary to locate exactly and identify the merchandise to be sold.

    (3)   If the Director is satisfied from the application that the proposed sale is consistent with the proposed advertising, the Director may issue a license, upon payment of a fee in an amount set by regulation under method (3).

    (4)   The Director must not issue a license if the person conducting the proposed sale or any owner of the business had authority, alone or with others, to stop the operations or change the location of a business that conducted a closing-out sale within the previous 3 years unless:

      (A)   the proposed sale will be conducted under the direction of a federal bankruptcy trustee; or

      (B)   the person conducting the proposed sale or any owner of the business did not have a significant ownership or managerial role in the previous closing-out sale.

  (c)   Buying new stocks for closing-out sale prohibited.

    (1)   A person must not order any merchandise for the purpose of selling it at a closing-out sale.

    (2)   Any unusual purchase and additions to a stock of merchandise within 60 days before an application for a license to conduct a closing-out sale is filed, while the application is pending, or during the sale is prima facie evidence that the purchases and additions to stock were made for the purpose of selling them at the sale. An unusual purchase or addition to a stock of goods is a purchase or addition not made in the ordinary course of business.

  (d)   Penalty for violation of this section. Any violation of this section is a class A violation. Each day a violation continues is a separate offense.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 30-11. License fees generally.**

  The council shall fix and enforce a uniform schedule of fees for licensing any class of business or enterprise as it may deem necessary, or the county executive by regulation, adopted under method (3) of section 2A-15 of this Code, may establish such fees, not to exceed the reasonable costs of licensing and enforcement. All fees so determined shall be collected and paid over to the director of finance for the use of the county.

**Sec. 30-12. Alcoholic beverages—Consumption on public property.**

  The County Executive may, under Method 3, adopt regulations governing the consumption of alcoholic beverages on “public property” as that phrase is defined in Title 19, Subtitle 2 of Article 2B of the Maryland Code.

**Sec. 30-13. Uniform Trader’s License Fee.**

  (a)   The County selects a uniform license fee for a trader’s license under Section 17-1807.1 of the Business Regulation Article of the Maryland Code.

  (b)   The trader’s license in the County must be $15 under Section 17-1808(b) of the Business Regulation Article of the Maryland Code.

  Sec. 3. Submission of Selection.  On or before October 1, 2020, the Director of Finance or the Director’s designee must notify the State, using a form provided by the State Comptroller and the State Department of Assessments and Taxation, of the County’s selection of a uniform trader’s license fee under this Act.

  Sec. 4. Revocability of Selection.  Under Section 17-1801.1 of the Business Regulation Article of the Maryland Code, the selection of a uniform $15 trader’s license fee is “irrevocable”.  However, the County reserves its right to revoke its selection if the State amends Sections 17-1807.1 or Section 17-1808(b) of the Business Regulation Article, including if the State raises the license fee above $15.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 30A. Montgomery County Municipal Revenue Program.

**Sec. 30A-1. Established.**

  There is hereby established a program to reimburse municipalities within the County for those public services provided by the municipalities which would otherwise be provided by the County government.

**Sec. 30A-2. Qualification of municipal public services for County reimbursement.**

  Municipal public services shall qualify for County reimbursement if the following conditions are met:

  (1)   the municipality provides the service to its residents and taxpayers;

  (2)   the service would be provided by the County if it were not provided by the municipality;

  (3)   except for police services, the service is not actually provided by the County within the municipality;

  (4)   the comparable County service is funded from tax revenues derived partially from taxpayers in the participating municipality; and

  (5)   the municipality actually funds the service.

**Sec. 30A-3. Determination of amount of reimbursement.**

  (a)   In general. Subject to the provisions of section 30A-4 and subsections (b) through (e) of this section, each participating municipality shall be reimbursed by an amount determined by the County Executive to approximate the amount the County would incur to provide transportation, police, crossing guards, and park maintenance services in the municipality.

  (b)   Transportation. For transportation-related expenses, reimbursements must be equal to the County’s average per mile or per item expenditures for the three most recent fiscal years multiplied by the number of miles or items in each municipality.

  (c)   Park maintenance. For park maintenance related expenses:

    (1)   reimbursements for fiscal year 2023 must be:

      (A)   for Section 3 of the Village of Chevy Chase: $4,800;

      (B)   for the Town of Chevy Chase: $11,453;

      (C)   for the Village of Friendship Heights: $89,813;

      (D)   for the Town of Kensington: $46,242; and

      (E)   for the City of Takoma Park: $93,942; and

    (2)   reimbursements for subsequent fiscal years must be increased above the amounts specified under paragraph (1) by the annual percentage change to the Consumer Price Index for the Washington, D.C. Metropolitan Area, as determined by the United States Department of Labor, Bureau of Labor Statistics.

  (d)   Police. Subject to Section 35-5, reimbursements for police expenses must be the greater of an amount equal to:

    (1)   the costs the County would incur to provide police services in the municipality if the municipality did not provide police services, as determined by a quadrennial utilization assessment performed by the County; or

    (2)   the cost to the County of one full-time officer.

  (e)   Crossing guards. For crossing guards, reimbursements must be based on the costs the County would incur to provide crossing guard services in the municipality as determined by a quadrennial utilization assessment performed by the County.

**Sec. 30A-4. Limitations on expenditures.**

  All expenditures by the County under the authority of this chapter shall be subject to the limits of the funds appropriated by the County Council.

**Sec. 30A-5. Timeline of annual certifications, notifications, and payments.**

  (a)   No later than September 15 of the preceding fiscal year, in accordance with Section 6-305(f) of the Tax-Property Article of the Maryland Code, the County will advise all municipalities within the County of any reasonable supporting documentation required to provide sufficient detail for the County to calculate the reimbursement.

  (b)   Any municipality within the County which desires to participate in the County municipal revenue program will submit not later than November 15 of the preceding fiscal year to the County a certification of eligible services and the documentation required under subsection (a).

  (c)   The County will notify each municipality of the reimbursement amounts it will receive in each fiscal year no later than February 15 of the preceding fiscal year.

  (d)   Reimbursement payments to municipalities will be made once per year, no later than October 1 of that fiscal year.

  (e)   The County will provide each municipality participating in the municipal revenue program with the calculations supporting the reimbursement payment.

**Sec. 30A-6. County tax rate in certain municipalities.**

  (a)   Reduced tax rate. Pursuant to Section 6-305 of the Tax-Property Article of the Maryland Code, before June 30 the County Council may set for the coming taxable year a general County property tax rate on assessments of properties in any municipality at a rate that is less than the general County tax rate on assessments of properties in parts of the County outside of the municipality if the municipality:

    (1)   lies partly in Montgomery County and partly in another county;

    (2)   performs fire and rescue services in whole or in part in lieu of the County performing those services; and

    (3)   the conditions in subsection (d) are met.

  (b)   Performance of services. The municipality may perform fire and rescue services by actually providing the services or by paying for all or part of the costs and expenses of fire and rescue services.

  (c)   Amount of tax rate. The general County property tax rate on assessments of properties in the municipality must be less than the general County property tax rate on assessments outside of the municipality by the amount of the tax rate established for the Fire Tax District for the same taxable year.

  (d)   Conditions for reduced rate. The municipality, on or before June 15, must present satisfactory written evidence to the County Council demonstrating that the municipality for the coming taxable year:

    (1)   has levied a general municipal property tax on all assessments of properties in the municipality equal to the tax rate proposed to be set for the Fire Tax District for the coming taxable year; and

    (2)   will collect and remit to Montgomery County the full amount of taxes imposed on assessments of properties in the municipality under paragraph (d)(1) in partial payment of the costs and expenses of providing fire and rescue services in the municipality.

  (e)   Allocation of funds. Taxes received from the municipality must be allocated by the County as follows:

    (1)   taxes on assessments of properties in the Montgomery County section of the municipality will be placed in the General Fund; and

    (2)   taxes on assessments of properties in the other county’s section of the municipality will be placed in the Fire Tax District Fund.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 30C. Motor Vehicle Towing and Immobilization on Private Property.

**Sec. 30C-1. Scope; purpose.**

  (a)   Scope.

    (1)   This Chapter applies to the towing of a motor vehicle from private property, or the immobilization of a motor vehicle on private property, without the consent of the vehicle owner.

    (2)   This Chapter does not apply to:

      (A)   towing initiated by the vehicle owner;

      (B)   towing approved or requested by a police officer, firefighter, or rescue squad member in the course of a criminal investigation or under State law regulating abandoned vehicles; or

      (C)   towing a vehicle while repossessing it.

      (D)   towing from the yard or driveway of a single-family dwelling; or

      (E)   towing from land immediately adjoining an electric or telephone utility building or structure that is not open to the general public.

    (3)   Section 30C-5 does not apply to towing from designated handicapped parking spaces.

  (b)   Purpose. The purpose of this Chapter is to protect the health, safety, and welfare of County residents and to regulate and authorize the County Executive to set maximum rates for the towing of vehicles from private property without the consent of the vehicle owner. This Chapter does not authorize the immobilization, towing or holding of any vehicle. To the extent that legal authority to immobilize, tow or hold a vehicle without the consent of its owner exists, that authority must be derived from other statutes or the common law. This Chapter restricts the exercise of any such legal authority.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 30C-2. Definitions.**

  In this Chapter:

  Commercial property means real estate approved and designed for retail or wholesale trade, hotel, restaurant, offices, clinics, warehouses, light manufacturing, and other such uses but not for residential purposes.

  GVWR means gross vehicle weight rating for the vehicle.

  Immobilize means to use any method, object, or devise, including a clamp or lock, to prevent or inhibit the movement of a vehicle.

  Office means the Office of Consumer Protection.

  Property manager means any person who manages real property on behalf of the owner.

  Property owner means the person in whose name the property is titled, or any other person in lawful possession or control of the property. The owner of general common elements of a condominium is the Council of unit owners or the Council’s agent for parking management. The owner of limited common elements of a condominium is the unit owner or owners who have the exclusive right to use the common elements, or the agent of that unit owner or owners.

  Redemption area means an area or building where a vehicle owner may pay any charges necessary to redeem a vehicle.

  Residential property means real estate containing either a single family or multifamily structure that is available for occupation for non-business purposes.

  Storage site means any land or building used by a towing service to store towed vehicles.

  Tow or towing means use of a tow truck to remove a vehicle from private property for compensation without the consent of the vehicle owner.

  Tow truck includes any vehicle which may tow or attempt to tow a vehicle from private property.

  Trespass towing company or towing company means any person who tows any vehicle from private property for compensation without the consent of the vehicle owner.

  Unauthorized vehicle means any vehicle which a property owner has not consented to have parked on the property owner’s property.

  Vehicle means a device that is able to transport persons or property on a public highway and is required to be registered pursuant to Title 13 of the Transportation Article of the Annotated Code of Maryland, as amended.

  Vehicle Owner means the person in whose name the title to a vehicle is registered.

**Sec. 30C-3. Maximum rates.**

  (a)   When towing a motor vehicle from private property without the consent of the owner, a towing company must not charge more than a maximum rate which the County Executive must establish by regulation under method (2). The Executive must review the rates at least every two (2) years.

  (b)   The Executive must set fair and reasonable maximum rates for each of the following acts:

    (1)   towing, which includes attaching the vehicle to be towed to the tow truck, towing the vehicle to a storage site, and the first 24 hours of storage;

    (2)   storing the vehicle until it is redeemed; and

    (3)   any other service needed to safely remove a vehicle.

  (c)   The fee for releasing a vehicle under section 30C-8 must not exceed $25.

  (d)   A towing company may charge a vehicle owner a fee for providing notice under section 30C-6(e) only if the vehicle has not been reclaimed within 48 hours after the towing or removal of the vehicle; the fee must not exceed the actual cost of providing that notice.

  (e)   A towing company must not charge for any act not listed in this section unless that act was expressly requested by the vehicle owner.

**Sec. 30C-4. Administration; rates.**

  (a)   Each tow truck operated by a trespass towing company must be identified, registered, and insured as required under State law, except that any required lettering must be placed on both sides of the truck. Each driver employed by a trespass towing service must be at least 18 years of age and must have a valid license to operate a tow truck.

  (b)   Every trespass towing company must register with the Office and must file a schedule of its rates for each action connected with the towing or storage of unauthorized vehicles. The Office may disapprove a rate that exceeds a maximum rate set under Section 30C-3.

  (c)   A trespass towing company must not charge a rate that is higher than the rate on file with the Office for any action in connection with the towing or storage of any unauthorized vehicle.

  (d)   Each trespass towing company must furnish the Office proof that it carries the insurance required under Section 31A-15(b). Each trespass towing company must inform the Office of the type of business organization or ownership in which the company operates and the names and current addresses of all owners or, if the company is a corporation, of the officers of the corporation and the name and address of a person authorized to accept service of process.

  (e)   A property owner must not order the towing of an unauthorized vehicle unless the property owner has entered into a written contract that authorizes a towing company to tow vehicles from the owner’s property.  This provision does not apply if the towing company is the record owner of the property from which a vehicle is towed.  The property owner and the towing company must keep on file each contract that is in effect, or that was terminated within the previous 12 months. The Office, the Police Department, and the owner of any vehicle towed by the company may inspect and copy any contract during normal business hours. The Office may issue model contracts that meet the requirements of this Chapter.

Any new written contract must include:

    (1)   a statement that the property owner is responsible for posting proper and sufficient signage to notify the public of parking restrictions;

    (2)   a statement that the property owner is responsible for expressly authorizing the towing of a particular vehicle, except as allowed under 30C-5(c)(8), and that the existence of this contract does not constitute express authorization;

    (3)   a statement that a property owner or towing company is liable for a violation of any duty imposed on the property owner or towing company by Chapter 30C, and the damages payable are three times the amount of any towing, release or storage fees charged;

    (4)   a statement that a property owner and a towing company are jointly and severally liable for a violation of any duty imposed on the towing company by Chapter 30C, with a right of contribution or indemnification; and

    (5)   a statement that any violation of any duty imposed on the property owner or towing company by Chapter 30C subjects the property owner or towing company to a potential fine of up to $1,000.00.

  (f)   Any property owner wishing to engage in the non-consensual towing of vehicles from their property must first register each commercial parking lot with the Office of Consumer Protection using an electronic registration program. The property owner must provide:

    (1)   the name and contact information for the property owner;

    (2)   the name and contact information of all individuals who may authorize the towing of each vehicle;

    (3)   a copy of the contract between the property owner and the towing firm; and

    (4)   a diagram of the dimensions of the parking lot including a mark indicating the locations of each sign stating the parking restrictions and disclosures required by County and State law.

  (g)   A property owner must update the information provided to the Office of Consumer Protection within 24 hours of any changes to the information provided under subsection (f).

  (h)   A property owner must provide annual reports regarding the number of vehicles towed and the reason why each vehicle was towed, unless the Director of the Office of Consumer Protection waives the requirement after finding that Police Department records meet the Office’s needs for enforcement of this Chapter.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 30C-5. Public notice; tow procedures.**

  (a)   Requirement. Before towing a motor vehicle from private property without the consent of the vehicle owner, the property owner and the towing company must comply with all applicable provisions of this section.

  (b)   Signs.

    (1)   A property owner must post a sign, notifying the public of parking restrictions, at least 24 hours before towing or ordering the towing of an unauthorized vehicle.

    (2)   The property owner must post a sufficient number of signs so that:

      (A)   at least one sign is clearly readable from each parking area and each vehicle entrance to the property at all times; or

      (B)   in a parking lot with more than 45 parking spaces, at least one sign must be posted in a conspicuous place for each 45 parking spaces and each sign can be read from all affected spaces.

    (3)   Each sign must:

      (A)   be at least 24 inches high by 30 inches wide;

      (B)   summarize all parking restrictions on the property enforced by towing unauthorized vehicles, including time and area restrictions;

      (C)   state that a vehicle parked in violation of the restrictions may be towed at the vehicle owner’s expense;

      (D)   state that County and State law require that towed vehicles be available for redemption 24 hours per day, seven days per week;

      (E)   state the maximum amount that the owner of the vehicle may be charged for the towing or removal of an unauthorized vehicle;

      (F)   list the name and telephone number of each towing company hired to tow unauthorized vehicles from the property, and the location to which the vehicle will be towed;

      (G)   be sized and located so that it is able to be read by motorists in daylight and at night; and

      (H)   be maintained in a legible and unobstructed condition.

    (4)   An owner of residential property, including a condominium, cooperative or homeowners’ association, may also have an unauthorized vehicle towed from that property by posting the signs required in subsection (b)(2) only at the entrances to that property and:

      (A)   a notice specifying a violation of an applicable rule or covenant is securely attached to the vehicle in a conspicuous place;

      (B)   the date and time the notice was attached is written on it;

      (C)   the notice informs the vehicle owner that:

        (i)   the violation must be corrected or the vehicle may be towed at the vehicle owner’s expense 48 hours after the notice is attached; and

        (ii)   an unauthorized vehicle that has received a notice of the same violation under this Section on the same property within the previous 180 days may be towed without any further notice; and

      (D)   the vehicle is not towed until at least 48 hours after the notice is attached unless the unauthorized vehicle received a notice of the same violation under this Section on the same property within the previous 180 days.

    (5)   An owner of a commercial parking lot may have an unauthorized vehicle towed from that property by posting the signs required in subsection (b)(2) only at the entrances to that property and:

      (A)   a notice specifying a violation of an applicable rule or covenant is securely attached to the vehicle in a conspicuous place;

      (B)   the date and time the notice was attached is written on it;

      (C)   the notice informs the vehicle owner that:

        (i)   the violation must be corrected or the vehicle may be towed at the vehicle owner’s expense 24 hours after the notice is attached; and

        (ii)   an unauthorized vehicle that has received a notice of the same violation under this Section on the same property within the previous 180 days may be towed without any further notice; and

      (D)   the vehicle is not towed until at least 24 hours after the notice is attached unless the unauthorized vehicle received a notice of the same violation under this Section on the same property within the previous 180 days.

  (c)   Tow procedures.

    (1)   Except as provided in subsection (c)(8), a towing company must not tow a motor vehicle from private property unless the property owner has, directly or through an agent, expressly authorized the towing of the particular vehicle.

    (2)   The property owner must authorize the towing of a vehicle in writing via tow authorization form in person, or via fax, email, or other electronic means approved by the Director of the Office of Consumer Protection.

    (3)   The Office may issue a model tow authorization form.

    (4)   Any property owner or any person acting as an agent of a property owner, must not:

      (A)   falsely state that a property owner authorized the towing of a particular vehicle; or

      (B)   record any false information about the towing of a particular vehicle.

    (5)   A towing company must not charge a vehicle owner any fee for the services of another agent of the property owner.

    (6)   A person must not act as a property owner’s agent for the purpose of ordering the towing of an unauthorized vehicle, unless the owner or property manager has expressly authorized in writing the person to so act.

    (7)   An agent of a property owner, for the purpose of ordering the towing of an unauthorized vehicle, must not:

      (A)   be employed by, or have any member of his or her immediate family employed by, any towing company; or

      (B)   have any financial interest in any towing company or the towing of any motor vehicle.

This provision does not apply if the towing company is the record owner of property from which a motor vehicle is towed.

    (8)   An unauthorized vehicle may be towed from private property without the express authorization of the property owner or the owner’s agent only:

      (A)   between 2:00 a.m. and 9:00 a.m.; or

      (B)   if the vehicle is blocking a clearly marked fire lane or access to another vehicle, the property or a building on the property.

    (9)   Before towing or authorizing the towing of an unauthorized vehicle from private property under this Section, a person must obtain photographic evidence of the violation or event that precipitated the towing of the vehicle. The photograph must be available for inspection by any interested party for at least one year, and a copy of the photograph must be provided to the vehicle owner along with the receipt required under Section 30C-9.

  (d)

    (1)   A property owner may move a vehicle within a parking lot without prior notice to the vehicle owner, but must not remove the vehicle from the lot, when moving the vehicle is necessary to:

      (A)   remove large quantities of snow or debris;

      (B)   repair the parking lot; or

      (C)   respond to a threat to a person’s safety or health.

    (2)   In moving a vehicle within a parking lot, a property owner must:

      (A)   take reasonable care not to damage the vehicle;

      (B)   pay any cost of moving the vehicle; and

      (C)   inform the vehicle owner where the vehicle was relocated or return the vehicle to its original location as soon as possible.

  (e)   A vehicle must not be towed from private property solely for a violation of failure to display a valid current registration under Section 13-411 of the Transportation Article of the Annotated Code of Maryland until 72 hours after a notice of violation is placed on the vehicle.

  (f)   Except between 2:00 a.m. and 9:00 a.m., a towing company must not monitor, patrol, or otherwise surveil commercial property for the purposes of identifying unauthorized parked vehicles for towing and removal.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 30C-6. Notice.**

  (a)   A towing company that tows an unauthorized vehicle from private property must notify the County or municipal Police Department with jurisdiction over the site of the tow before the towing company leaves the property. The towing company must tell the Police Department:

    (1)   the name of the towing company;

    (2)   the make, model, color, year, vehicle identification number and registration plate number of the towed vehicle;

    (3)   the address the vehicle was towed from;

    (4)   the time the vehicle was towed;

    (5)   the reason the vehicle was towed; and

    (6)   the storage site where the vehicle will be stored.

  (b)   The towing company must promptly notify the police department if the towing company moves the vehicle to another storage site.

  (c)   The property owner and the towing company must retain each tow authorization form and, for those vehicles towed without a tow authorization form, the towing company must retain a record of the information furnished to the police for one year after the tow. The Police Department, the Office, and the owner of any vehicle towed by the service may inspect and copy tow authorization forms at any time during normal business hours.

  (d)   The towing company must promptly notify the County Police Department by telephone of each vehicle that has remained in a towing company’s possession for 72 hours. The towing company must tell the Police Department:

    (1)   all information required under subsection (a); and

    (2)   the vehicle identification number of the towed vehicle.

  (e)   Within seven days after the towing or removal of the vehicle, the towing company must notify the owner, any secured party, and the insurer of record by certified mail, return receipt requested, and first class mail, of the same information required to be given to the Police Department under subsection (a) of this Section.

  (f)   The towing Company must provide to the owner, any secured party, and the insurer of record the itemized actual costs of providing notice under this Section.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 30C-7. Handicapped vehicle owners.**

  A property owner must not authorize a towing company to tow a vehicle with a valid handicapped registration plate or valid disabled person’s parking permit conspicuously displayed from private property without the consent of the vehicle owner unless:

  (a)   the tow is expressly authorized by a police officer at the request of the property owner; or

  (b)   the vehicle is blocking a clearly marked fire lane or access to another vehicle, the property or a building on the property.

**Sec. 30C-8. Incomplete tows.**

  (a)   If a vehicle owner returns to an unauthorized vehicle at any time after the vehicle is attached to the tow truck but before it is towed from private property, the towing company must release the vehicle to the owner if the owner pays a release fee as provided in Section 30C-3(c).  The towing service must accept payment by cash or credit card as under Section 30C-9(b) and must not charge any other fee for attaching or releasing the vehicle.

  (b)   A towing company must not charge for releasing an unauthorized vehicle unless the service has physically attached the vehicle to the tow truck and lifted the vehicle at least 6 inches off the ground before the vehicle owner returns. If the towing company has begun to attach the vehicle to the tow truck but has not completed the attachment or lifted the vehicle, the towing company must release the vehicle without charging the owner any fee.

  (c)   A towing company must not block an unauthorized vehicle with a tow truck to obtain payment from the vehicle owner before attaching the vehicle to the tow truck.

  (d)   The towing company must provide a receipt that includes a reference to the County Code provisions setting the release fee and meets all of the requirements for receipts under Section 30C-9(e), indicating the release fee paid and the date of the incomplete tow.

**Sec. 30C-9. Redemption and storage procedures.**

  (a)   Storage of towed vehicles. A towing company must immediately deliver a towed vehicle directly to a storage site that complies with the following conditions:

    (1)   A storage site must not be more than 15 miles from the origin of the tow. Every storage site must be located in Montgomery County, unless the nearest storage site is within one mile of the County line.

    (2)   A storage site must be brightly lit at all times.

    (3)   A towed vehicle must not be stored more than a reasonable walking distance from a redemption area.

    (4)   The towed vehicle and its contents must be kept secured at all times.

    (5)   The storage site must remain open and have personnel on-site for redemption of vehicles 24 hours per day, seven days a week.

    (6)   The storage site must be identified by a sign at the entrance indicating the name and telephone number of the tow service.

  (b)   Payment and promise to pay.

    (1)   Cash payment. A trespass towing company must accept payment in cash, or by a traveler’s check accompanied by reasonable identification.

    (2)   Credit card payment.  Each trespass towing company must accept the two most widely used major credit cards. The Office must define, in regulations under method (2), which major credit cards are the two most widely used.

    (3)   Withholding payment. If:

      (A)   the vehicle owner withholds payment in a credit card transaction with a towing service under this Chapter; and

      (B)   a court in any subsequent civil action finds that the tow was valid and the amount charged was correct;

  the vehicle owner must pay the towing company, in addition to the amount validly charged, liquidated damages of two times the amount validly charged (but not more than $1,000.00) and all reasonable costs of collection, including court costs and a reasonable attorney’s fee.

    (4)   Applicability. This subsection applies to payment of any charge arising from the towing or storage of a vehicle without the owner’s consent, and to payment for an incomplete tow under Section 30C-8.

    (5)   Purpose. This subsection and Section 30C-8 do not create or imply a lien in favor of a towing company when such a lien would not otherwise exist. This subsection and Section 30C-8 do not give a towing company a right to retain possession of any vehicle it would otherwise have to return to the vehicle owner.

  (c)   Rates displayed. Every trespass towing company must display prominently, at each redemption area, a copy of its current rates and a statement that these rates do not exceed the rates filed with the Office. Every trespass towing company must also display prominently a sign, furnished at a reasonable fee by the Office, listing the Office’s telephone number and summarizing the vehicle owner’s rights under this Chapter.

  (d)   Storage fee. A trespass towing company must not charge a storage fee for any time before the vehicle actually reaches the storage site.

  (e)   Receipt. Upon receiving payment, a towing company must furnish the vehicle owner a receipt on a form approved by the Office. The receipt must:

    (1)   record the amount paid to redeem the vehicle, the actions for which the vehicle owner paid, and the date and time of the redemption;

    (2)   be signed legibly by an agent of the towing company, and list the name, address and telephone number of the towing company;

    (3)   identify the violation or event that precipitated the towing of the vehicle;

    (4)   include photographic evidence of the violation required under subsection 30C-5(c)(9); and

    (5)   briefly inform the vehicle owner that the Office can explain the vehicle owner’s rights and how to enforce them in small claims court or another appropriate forum if the vehicle owner believes that any provision of County law has been violated, and that the owner may obtain a copy of the law from the Office.

  (f)   Damage waiver. A trespass towing company must not require a vehicle owner to sign any waiver of the owner’s right to receive compensation for damages to the vehicle.

  (g)   Inspection and retrieval of personal property. A storage site that is in the possession of a towed vehicle shall make the vehicle available, without charge, to the owner, the owner’s agent, a secured party, or the insurer of record, under the supervision of the storage site, for:

    (1)   inspection; or

    (2)   retrieval from the vehicle of personal property that is not attached to the vehicle.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 30C-10. Liability for damages.**

  (a)   Any trespass towing company, and any private property owner who authorizes, expressly or under a standing authorization, the towing of a vehicle from private property, are liable for violation of any duty imposed on the company or owner by this Chapter with regard to:

    (1)   any towing of a vehicle that does not comply with this Chapter;

    (2)   any towing of a vehicle in the mistaken belief that the vehicle was not authorized to park in the place from which it was towed; and

    (3)   any damages to a towed vehicle incurred during the tow or storage and caused by a lack of reasonable care by the towing company, the property owner or an agent of either.

  (b)   A property owner is not liable for the towing of a vehicle if the property owner did not expressly authorize the towing, and does not otherwise have a business relationship with the towing company.

  (c)   Except as provided in subsection (b), a property owner and a towing company are jointly and severally liable for the violation of any duty imposed by this Chapter on the towing company, with a right of contribution or indemnification.

  (d)   A vehicle owner must mitigate any damages recoverable under this Chapter.

  (e)   Damages payable under subsections (a)(1) and (a)(2) are three times the amount of any towing, release or storage fees charged.

**Sec. 30C-11. Rebates prohibited.**

  A towing company must not pay or offer to pay a property owner, and a property owner must not accept payment, for authorizing the towing of a vehicle from any private property.

**Sec. 30C-12. Enforcement, police power, subpoena authority.**

  (a)   The Office of Consumer Protection and the Montgomery County Police Department enforce this Chapter.

  (b)   A police officer or Office of Consumer Protection investigator may order a towing company to release a vehicle, or to stop attaching a vehicle, at any time to prevent a breach of the peace or if the investigator or officer has reasonable cause to believe that the tow would be or was unlawful.

  (c)   The Office may issue subpoenas to compel the production of documents, papers, books, records, and other evidence relevant to the investigation of a complaint filed with the Office in any matter to which this Chapter applies.

    (1)   If any person does not comply with any subpoena issued under this Chapter, the County may enforce the subpoena by appropriate legal action.

    (2)   Any court with jurisdiction may grant injunctive or other appropriate relief to enforce a subpoena.

    (3)   A person must comply with any subpoena issued under this Chapter.

  (d)   Any violation of this Chapter is a Class A violation. The maximum civil fine is $500 for a first offense, and $1,000 for subsequent offenses.

**Sec. 30C-13. Immobilization prohibited.**

  (a)    Applicability. A person must not immobilize a motor vehicle owned by another person on private property, without the consent of the vehicle owner.

  (b)    Civil remedy. Any person whose vehicle has been unlawfully immobilized, unlawfully held after being lawfully immobilized, or damaged while immobilized, may recover from the owner of the property or any other person responsible for immobilizing the vehicle, in a civil action, the greater of:

    (1)   all actual damages sustained; or

    (2)   liquidated damages of $100.

  This remedy does not replace or limit any other remedy available by law.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 30D. MOTOR VEHICLE TOWING - PROCEDURES FOR POLICE TOW

**Sec. 30D-1. Short title; scope.**

  (a)   Short title. This Chapter is known as “The Vehicle Recovery Act.”

  (b)   Scope. This Chapter applies to any tow companies responding to a police tow request for any participating police department, police employee, or authorized agency in Montgomery County when the officer or employee is acting within an official capacity.

**Sec. 30D-2. Definitions.**

  In this Chapter:

    Chief means the Chief of Police or a designee.

    Department means the Montgomery County Police Department.

    Impounded vehicle means a vehicle towed and stored at the direction of a Montgomery County police officer, police employee, or code enforcement specialist from the County’s Abandoned Vehicle Section.

    Participating Agency means a county, federal, state, or city agency or municipality in Montgomery County that has entered into a Memorandum of Understanding with the Montgomery County Police Department, agreeing to abide by the Executive Towing Rules and Regulations.

    Police tow means a non-consensual tow. This is a tow constituted when a Montgomery County police officer or employee, or a police officer or employee from a participating agency, requests a tow truck and directs the tow.

    Redemption area means an area or building where a vehicle owner may pay any charges necessary to redeem a vehicle.

    Storage site means any land or building used by a towing service to store towed vehicles.

    Towing company means any individual, partnership, corporation, association, or other entity authorized by the Chief of Police to tow and store vehicles at the direction of a police officer or police employee.

    Vehicle means a device that is able to transport persons or property on a public highway and is required to be registered pursuant to Title 13 of the Transportation Article of the Annotated Code of Maryland, as amended.

    Vehicle Owner means the person or persons in whose name the title to a vehicle is registered.

**Sec. 30D-3. Redemption of vehicle – proof of ownership or control.**

  (a)   Redemption of impounded vehicle.

    (1)   Redemption by owner. To redeem an impounded vehicle, the vehicle owner must present the following to a towing company:

      (A)   either:

        (i)   a U.S. or state government-issued photo identification; or

        (ii)   a consular registration card from any country approved pursuant to Section 2-5 of the County Code; and

      (B)   proof of current vehicle registration or current temporary registration card issued to a permanent or metal registration plate.

    (2)   Redemption by authorized agent.

      (A)   If the vehicle owner is not present, an impounded vehicle may be released to an individual who is not the owner, but who demonstrates that they are authorized by the owner based upon presentation of:

        (i)   a notarized letter signed by the owner authorizing release and custody of the impounded vehicle to the named individual; or

        (ii)   a letter from an insurance company, lienholder, or rental car company that indicates the named individual is entitled to custody of the impounded vehicle.

      (B)   In lieu of a letter under paragraph (2)(A), an impounded vehicle may be released to a family member or household member of the owner upon presentation of:

        (i)   a photo identification issued by:

          (a)   the U.S. or state government;

          (b)   a foreign government; or

          (c)   a valid nonprofit organization registered in the state of Maryland; and

        (ii)   at least one form of documentation reasonably establishing shared residence or familial relationship, which may include:

          (a)   a utility or service bill, deed, mortgage statement, or current lease agreement that has the same residential address as shown for the registered vehicle;

          (b)   a birth certificate establishing a parent-child relationship;

          (c)   a marriage certificate; or

          (d)   other documentation deemed sufficient by the towing company, consistent with County regulations.

      (C)   Indemnification. A towing company must require, as a condition of release to a person who is not the vehicle owner or secured party, execution of an indemnification and hold harmless agreement. The agreement must offer indemnity by an individual who is not the vehicle owner or a secured party for the benefit of the towing company on a form prescribed by the Department, and the agreement must include indemnification for any claims brought against the towing company by the vehicle owner or the secured party in connection with the release of the impounded vehicle. Such indemnification must not extend to claims arising from gross negligence or willful misconduct of the County or towing company.

      (D)   Prohibited conduct. An authorized agent of a vehicle owner or secured party must not:

        (i)   falsely state that the owner authorized the release of a particular vehicle; or

        (ii)   provide any false or fraudulent information in connection with redemption.

  (b)   Enforcement. A violation of this Chapter must constitute a violation subject to enforcement under Section 30C-12
									.

  (c)   Regulations. The rules and procedures of this Chapter related to police towing are set forth in COMCOR 30C.00.02 {Executive Towing Rules and Regulations}.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 31. Motor Vehicles and Traffic.

### ARTICLE I. Definitions.

**Sec. 31-1. Definitions.**

  For the purposes of this chapter, the following words and phrases must have the meanings respectively ascribed to them in this article:

  Abandoned vehicle: Any vehicle that is inoperative or is otherwise left unattended on public or private property for more than forty-eight (48) hours without the consent of the owner or person in charge of the property, or a vehicle that has remained illegally parked on public property for a period of more than forty-eight (48) hours, or any impounded vehicle being held in the custody of the county which is unclaimed after sixty (60) days.

  Alley: A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.

  Bicycle: A vehicle that is designed to be operated by human power or with assistance of a motor that has a capacity of less than fifty (50) cubic centimeters piston displacement or rated less than one (1) brake horsepower, that has two (2) or three (3) wheels of which one is more than fourteen (14) inches in diameter, that have a rear drive and with wheel configuration as follows:

  (a)   Two (2) wheels in tandem.

  (b)   Three (3) wheels; single front wheel with two (2) rear wheels on a horizontal axis perpendicular to the longitudinal plane of the front wheel and spaced substantially equidistant from the front wheel center line.

  Bikeway: Any area expressly intended for bicycle travel, including:

  (a)   associated curbs and gutters; and

  (b)   any bike lane, off-street trail, separated bike lane, or sidepath, as those terms are defined under Section 49-26.

  Bus: Every motor vehicle except school buses designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

  Bus stop: That portion of a public roadway edge designated by sign as a bus stop and intended for the safe loading or unloading of bus passengers from any motor vehicle operated with the approval of the State of Maryland or the county on fixed routes and schedules.

  Bus zone: A bus stop used as a point of layover by buses for short periods of time, not to exceed thirty (30) minutes, for maintaining schedules.

  Cost: Expense incurred by the county as a result of any extraordinary method of collection of delinquent and past due fines and penalties for violations of the provisions of this chapter and charged uniformly to such violators to offset or defer such expense.

  Court: When referred to in this chapter means the district court of Maryland for Montgomery County.

  Crosswalk:

  (a)   Any portion of a roadway distinctly indicated for pedestrian crossing by painted lines or other markings on the roadway surface.

  (b)   That portion of a roadway ordinarily included with the prolongation or connection of the lateral lines of sidewalks at intersections.

  Driver or operator: Any person who is in actual control or charged with the control of a vehicle.

  Driveway or private road: Every way or place in private ownership or otherwise and used for vehicular travel by the owner and those having expressed or implied permission from the owner.

  Driving aisle: Every way within a public parking facility intended to facilitate the circulation and movement of motor vehicles within the facility.

  Enforcement officer: Any person appointed under the regulations of the county personnel board and so designated by the county executive to police and enforce the provisions of this chapter.

  Fine: A monetary sum imposed as a punishment for an offense or violation of this chapter.

  Fire lane: Area of a public or private roadway or parking facility designated by official signs or markings and intended for the exclusive use of emergency vehicles only.

  Gross weight: The weight of a vehicle without load plus the weight of any load thereon.

  Heavy Commercial vehicle: Any motor vehicle and tandem axle trailer or semitrailer designed and used for carrying freight or merchandise or used in furtherance of any commercial enterprise that has:

  (a)   a gross vehicle weight (GVW) of more than 10,000 pounds;

  (b)   a manufacturer’s rated capacity of more than 1 ton;

  (c)   a length of more than 21 feet measured from the extremes of the vehicle, including any object loaded on the vehicle; or

  (d)   a height of more than 8 feet with properly inflated tires, measured from the ground to the highest part of the vehicle, including racks, but not antennas.

A heavy commercial vehicle does not include a motor vehicle owned by the County or other governmental agency or a farm machine or vehicle used for agriculture.

  Highway or street: The entire width between the property lines of every way or thoroughfare of any kind used by the public for purposes of vehicular travel, whether actually dedicated to the public and accepted by the proper authorities or otherwise.

  Immobilize: To take a vehicle into the custody of the county by restricting or otherwise impeding the movement of such vehicle from its parking place by use of a mechanical device affixed to said vehicle or otherwise and so holding it until all charges involving that vehicle are fully satisfied.

  Impound: To take a vehicle or other property into the custody of the county by seizing it and removing it to a place of safe storage and there holding it until all charges involving that vehicle or property are fully satisfied.

  Intersection:

  (a)   The area embraced within the prolongation or connection of the lateral curb lines or if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at or approximately at right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.

  (b)   Where a highway includes two (2) roadways thirty (30) feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. If the intersecting highway also includes two (2) roadways thirty (30) feet or more apart, every crossing of two (2) roadways of such highways shall be regarded as separate intersections.

  Motorcycles: A motor vehicle that:

    (1)   Has two (2) or three (3) wheels.

    (2)   Has an engine or motor with a rating of more than one (1) brake horsepower or a capacity of fifty (50) cubic centimeters or more piston displacement.

  (c)   Has a singular front steering road wheel mounted in a fork assembly that passes through a frame steering bearing and to which is attached a handlebar or other directly operated steering device.

  (d)   Except for a windshield or windscreen, does not have any enclosure or provision for an enclosure for the driver and/or passenger.

  A detachable sidecar is an accessory to and not a part of a motorcycle.

  Motor vehicle: Any vehicle which is self-propelled by which any person or property is or may be transported upon a highway.

  Off-street parking: The parking of motor vehicles in designated areas, whether public or private, and not upon a public street or highway.

  Official sign: A sign posted by authority of the county executive or other jurisdictional authority for the purpose of guiding, warning, regulating, limiting, or otherwise controlling the movement or stopping, standing, and parking of motor vehicles upon the streets, roads, and highways within the county or upon any public or private parking facility. Signs must conform in design, color, size, and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways." Any handicap parking sign that conforms to the "Manual on Uniform Traffic Control Devices for Streets and Highways" is posted by authority of the county executive.

  Official traffic-control devices: All signs, signals, markings or other devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic, upon the streets, roads and highways within the county or upon any public or private parking facility. Such traffic-control devices shall conform in design, color, size and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways."

  On-street parking: The parking of motor vehicles on a public street or highway.

  One-way street: A public highway upon which vehicular traffic is permitted to move in one (1) direction only.

  Park or parking: The standing of a vehicle on a public highway or public parking facility whether occupied or attended, except when standing in obedience of traffic regulations, a police officer, traffic signs and signals or temporarily stopped for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

  Parking meter:

  (a)   A mechanical device which when installed adjacent to a curb on a roadway or on a public parking facility, indicates the time a motor vehicle may remain parked within the adjacent parking space upon the insertion of the proper fee in coins of United States denomination.

  (b)   An official traffic control device intended to regulate the time a motor vehicle may remain parked in a public parking space.

  Parking violation notice: A form as prescribed by the county upon which a police officer or other authorized person cites a violation of the parking regulations and provisions of this Code. The form when properly completed and affixed to an unlawfully parked vehicle, or otherwise presented, serves as notice to the vehicle owner or operator of the violation and the corresponding fine as penalty thereof.

  Pedestrian: Any person afoot.

  Penalty:

  (a)   A monetary sum imposed in addition to the fine as forfeiture by any person in case of nonfulfillment of said fine within the time period stipulated by any provision of this chapter.

  (b)   Punishment in general, inclusive of all fines, penalties, costs and other charges for violation of the provisions and regulations of this chapter.

  Police officer: Any officer authorized to direct or regulate traffic or parking or to make arrests for violations of any provisions of law including other traffic and parking laws and regulations and so appointed by any jurisdictional authority.

  Posted time limit: The allowable time a vehicle may remain parked in any block, parking area or zone when such parking duration is indicated by signs. For the purpose of this definition, a block shall mean that part of street or highway between two (2) intersections; and a parking area or zone shall mean any group of parking spaces of close proximity within the same parking facility and having the same allowable parking time limit.

  Private-public parking facility: Any parking lot, garage or other such facility intended for the off-street parking of motor vehicles and under private ownership and operation which is regulated by county traffic order and posted by official signs. Such facilities whether in whole or in part are open to and used without charge by patrons of retail and commercial establishments and are intended for limited duration parking when so requested by the owner and authorized by the county executive or his designee by written regulations.

  Public contractor’s vehicle: Any commercial vehicle engaged in the performance of work within a street, highway or other public property when such work is contracted for by any state, county, or municipal agency or public utility.

  Public driveway: Every way or place of public ownership and used for vehicular travel by the general public as vehicular access to publicly owned property whether restricted or not.

  Public parking facility: Any parking lot, garage or other such facility owned or leased by and operated by the county for the purpose of providing public off-street parking space for motor vehicles.

  Public service vehicle: Any vehicle owned and operated by a municipal, county, state or federal agency and used in the furtherance of public service; and any vehicle funded or provided by the federal, state or municipal government and used for emergency or rescue purposes.

  Public utility vehicle: Any vehicle owned and operated by a public utility commissioned by the state, including telephone, gas and electric power companies.

  Recreational vehicle: A duly licensed and registered vehicle, with or without motor power, which is solely intended for the leisure use of the operator and guests.  For the purpose of this Chapter the following is a recreational vehicle:

  (a)   motor home;

  (b)   travel trailer;

  (c)   camper or camping trailer including truck insert or collapsible unit; or

  (d)   non-freight trailer, as defined by the State Motor Vehicle Administration, used to transport other leisure equipment such as a boat, horse, motorcycle, show car, race car, snowmobile, or bicycle.

  Roadway: That portion of a street or highway or public thoroughfare between the regularly established curb lines or shoulders or that part improved and intended to be used for vehicular traffic.

  Sidewalk: That portion of a street between the curb lines, or the lateral lines of a roadway and the adjacent property lines, intended for or used by pedestrians; or designated ways or pavements within a public parking facility intended for or used by pedestrians.

  Stand or standing: The halting of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

  Stop or stopping: When prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sign or signal.

  Street: See highway.

  Taxicab: Any motor vehicle for hire, designed to carry seven (7) passengers or less, including driver, operated upon any public street or highway, or, on call or demand, accepting or soliciting passengers indiscriminately, for transportation for hire between such points along public streets or highways, as may be directed by the passenger or passengers so being transported; provided that nothing in this chapter shall be construed to include as a taxicab, a motor vehicle operated with the approval of the public service commission on fixed routes and schedules.

  Taxicab stand: That portion of a public roadway edge so designated by official sign as a taxicab stand and intended for the temporary parking of taxicabs when they are available for hire and attended by the driver.

  Traffic: All vehicles, pedestrians, animals and any other conveyance of every description, using a highway for purposes of travel whether singly or together.

  Unregistered vehicle: Any motor vehicle or trailer except those exempted from registration by state law, which is without registration plates, with expired registration plates or with fictitious registration plates attached thereto.

  Utility trailer: A general use vehicle designed to be towed by a motor vehicle.  A utility trailer includes a:

  (a)   homemade trailer;

  (b)   small box trailer;

  (c)   freight trailer;

  (d)   semi-freight trailer;

  (e)   boat trailer;

  (f)   camping trailer;

  (g)   tent trailer;

  (h)   travel trailer;

  (i)   flatbed trailer; and

  (j)   horse trailer.

  Vehicle: Any appliance moved over a highway on wheels or traction tread, including streetcars, draft animals and beasts of burden, automobiles, motorcycles, motorbikes, motor propelled carts and wagons and every vehicle propelled by an internal-combustion engine or any trailer.

### ARTICLE II. Motor Vehicles, Traffic Control and Highways-Generally.

**Sec. 31-2. Authority of county executive to erect traffic signs.**

  Whenever, in the judgment of the county executive, it is necessary for the safety or control of vehicular or pedestrian traffic, he is authorized to provide, by executive order, for the erection of "stop," "speed limit" and other traffic-control signs and devices on public streets, highways or other areas in the county; provided, that no such sign or device shall be erected on state highways without the approval of the state highway administration; and provided, that no such sign or device shall be erected at the cost of the county government in any incorporated town or special taxing area unless the council has by resolution consented to the payment of such costs; and provided, that if the private owner of any land used by the general public shall cause to have erected "stop," "speed limit" or other traffic-control signs or devices upon streets, highways and other areas within said private property said signs shall conform to the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" with regard to design, color, size and placement. The county executive is authorized to approve by executive order said traffic-control signs and devices, which shall then have the same effect as those public traffic-control signs and devices erected by the direction of the county executive; provided, that all such signs and devices on private property shall be constructed, erected and maintained at the cost of the owner of said land.

**Sec. 31-3. Restriction of traffic, designation of truck routes, etc., by county executive.**

  (a)   Whenever, in the judgment of the county executive, it is necessary for the safety and control of vehicular pedestrian traffic, the county executive is hereby authorized to issue traffic orders restricting and/or limiting the movement of automobiles or other vehicles on the streets and roads under the jurisdiction of Montgomery County. The county executive is further authorized to designate certain roads as truck routes for use by all trucks of a specified weight and to prohibit trucks of a specified weight on other roads under the jurisdiction of Montgomery County. The county executive shall provide for the erection of signs to give public notice of such traffic orders and any traffic order passed pursuant to this section shall not be effective until such signs have been erected. The traffic orders issued hereunder shall be recorded in a permanent file open to the public.

  (b)   Nothing contained in this section shall prohibit the use of county streets or roads by emergency vehicles, delivery and service vehicles or other vehicles necessary for the protection of life and property.

**Sec. 31-4. Authority of school crossing guards.**

  (a)   School crossing guards, appointed under the regulations of the county personnel board and appropriately uniformed so as to be identified as officers and guards of the county, are authorized to be assigned traffic control devices which will include directing traffic at school and church crossings and such other traffic control duties as may be designated by the county executive or director of the department of police or his or her designee.

  (b)   School crossing guards shall have the power to control vehicular traffic as necessary and consistent with the safety of such school children and pedestrians, including the power to signal, stop or otherwise direct vehicular traffic so as to permit the safe crossing of persons using the school or church crossing area. Crossing guards may be assigned additional traffic control duties by the county executive or director of the department of police or his or her designee; and in emergencies, school crossing guards may assist a police officer in traffic control at the officer’s request.

  (c)   It shall be unlawful for any person to fail to obey or comply with the lawful signal or order of a school crossing guard.

**Sec. 31-5. Driving over curbs, sidewalks or drainage structures.**

  (a)   It shall be unlawful for any person to drive, or cause to be driven, any vehicle, including a motor vehicle, on or over any curb, sidewalk or drainage structure, except as provided in subsection (b) of this section and over driveways constructed for such purposes; provided, that this section shall not apply in emergencies where suitable provision is made, by the laying of planking or otherwise, for the bridging of such curb, sidewalk or drainage structure in such a way that no damage will be done thereto.

  (b)   Bicycles which are not motorized and special vehicles used by handicapped persons may be operated upon sidewalk areas and appurtenant drainage structures designed for pedestrian use except where, in the judgment of the county executive, it is necessary for the safety or control of vehicular and pedestrian traffic to prohibit riding of such vehicles. Whenever any person is riding upon a sidewalk, such person shall give an audible signal and yield the right-of-way to any pedestrian. The county executive may, by regulation adopted under method (3) of section 2A-15 of this Code, define "special vehicle" and "handicapped;" establish licensing requirements; and establish hours during which special vehicles may be operated upon sidewalk areas.

  (c)   The county executive shall provide for the erection of such traffic-control signs on sidewalk areas or bikeways as may be necessary to ensure the safety of bicyclists, pedestrians and operators of motor vehicles; provided that no sign shall be erected on state highways without the approval of the state highway administration.

**Sec. 31-6. Snow and ice emergency traffic control.**

  (a)   The county executive is hereby authorized from time to time to designate, by executive order, important streets and highways of the county as snow emergency routes, which shall be marked by snow emergency route signs.

  (b)   Upon the declaration of a snow emergency by the county executive by press release and such other public notice within the discretion of the county executive as it is practical to give under the circumstances, the following traffic and parking regulations shall be in effect and shall continue in effect until the end of the emergency as determined by the county executive. Such emergency may exist by reason of imminent or actual snow or ice conditions.

    (1)   No person shall operate any vehicle upon a snow emergency route unless at least two (2) power wheels of such vehicle are equipped with snow tires or tire chains in a good state of repair. For the purpose of this section, snow tires and chains shall mean those tires and chains which are designated and approved by the state. It shall be the duty of all persons within the county to observe said snow emergency signs and orders during periods of emergency declared under this section in accordance with the provisions of this section and in accordance with the regulations of the county executive issued under this section.

    (2)   It shall be unlawful for any vehicle to be parked and left unattended within the right-of-way of any snow emergency route.

  (c)   Any vehicle parked and left unattended on a snow emergency route in violation of this section may be impounded and removed by the county or its agent, and all costs of towing, storage or impounding shall be charged to the owner of the vehicle. All such charges including any fine or penalty shall be paid to the county or its duly authorized agent before the owner may reclaim the vehicle.

**Sec. 31-7. Parking of unregistered motor vehicles or trailers.**

  It shall be unlawful to park any unregistered motor vehicle or trailer upon the highways, roads, streets or other public property in the county at any time. No unregistered motor vehicle or trailer shall be parked in violation of this section.

**Sec. 31-8. Parking vehicles; impeding traffic, threatening public safety.**

  No vehicle shall be stopped, standing or parked upon any road, highway, alley or public parking facility of the county so as to impede the movement of traffic or constitute a threat to public safety.

**Sec. 31-9. Impounding illegally parked vehicles, impeding traffic, etc.**

  (a)   Any vehicle parked in violation of this article or otherwise parked so as to constitute a definite hazard to public safety or is so parked, stopped or standing so as to impede or obstruct the normal movement of traffic or pedestrians, may be impounded by members of the department of police or other authorized persons designated by the county executive.

  (b)   In any case involving the impoundment of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner of the vehicle, in addition to all fines and penalties assessed for any violation of this Chapter and any towing or storage charges incurred. All such fines, penalties, costs and charges must be paid to the County before the owner may reclaim or secure the release of the vehicle.

**Sec. 31-9A. Speed Monitoring Systems Authorized; safe routes to school infrastructure review.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    School zone means an area within a half-mile radius of any school established by the State Highway Administration or the County pursuant to the Maryland Transportation Code § 21-803.1.

    Speed monitoring system means a device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit.

    Walkshed means a boundary area designated for walking and biking to and from school as specified by the Montgomery County Board of Education Student Transportation policy. A walkshed distance is dependent on the grade level of a student.

  (b)   The County Executive may authorize, by Executive Order, the use of a speed monitoring system in the County:

    (1)   on a highway in a residential district with a maximum posted speed limit of 35 miles per hour, and

    (2)   on a highway in a school zone.

  (c)   An unmanned stationary speed monitoring system must not be activated for the first time after October 1, 2009 until the Executive publishes notice of the location of the speed monitoring system on the County’s website and in a newspaper of general circulation in the County.

  (d)   If a speed monitoring system is placed on a highway in a school zone, each sign that designates the school zone must indicate that a speed monitoring system is in use.

  (e)   Safe routes to school infrastructure review – required. Upon notification by law enforcement of a traffic collision involving a pedestrian walking, biking, or using other non-motorized conveyances to or from school, the Department of Transportation must perform a safe route to school infrastructure review of each collision that:

    (1)   occurs on a County road;

      (A)   within a school zone; or

      (B)   within a walkshed, if the collision occurred between 7 a.m. and 9 p.m. on a school instructional day; or

    (2)   occurs at a school bus stop, upon notification by Montgomery County Public Schools.

  (f)   Contents of the safe routes to school infrastructure review. The review under subsection (e):

    (1)   must identify:

      (A)   any deficiencies in engineering, traffic control, and traffic operations;

      (B)   appropriate corrective actions and crash reduction countermeasures, including a redesign of the road network consistent with the United States Department of Transportation’s best practices and the County’s Vision Zero program; and

      (C)   prior collisions in the vicinity; and

    (2)   may identify changes to safety-related outreach and education programs by the Department, if warranted.

  (g)   The Department of Transportation must:

    (1)   complete the safe routes to school infrastructure review within 6 months after notification by law enforcement or Montgomery County Public Schools when an injury or fatality has occurred on a County maintained roadway; and

    (2)   post the contents of the review on the County’s website.

**Sec. 31-9B. School Bus Safety Cameras Authorized.**

  (a)   Definitions.  As used in this Section:

    Board means the County Board of Education.

    Chief means the County Police Chief.

    Violation means a violation of Transportation Article § 21-706.

    School bus means a bus operated by the Board to transport students.

    School bus safety camera means a camera placed on a school bus that is designed to capture a recorded image of a driver of a motor vehicle committing a violation authorized by Transportation Article § 21-706.1.

  (b)   The Chief, after consulting with the Board, may install, operate, and maintain school bus safety cameras on school busses as permitted by Transportation Article § 21-706.1.

  (c)   A person who commits a violation recorded by a school bus safety camera is subject to a civil penalty authorized by Transportation Article § 21-706.1.

  (d)   The Executive, by Method 2 regulation, must establish the amount of the civil penalty up to a maximum of $250.

  (e)   The County must use any fines collected by the County for a violation recorded by a school bus safety camera:

    (1)   to recover the costs of installing, operating, and maintaining school bus safety cameras; and

    (2)   for public safety purposes, including pedestrian safety programs.

**Sec. 31-9C. Traffic Control Signals and Devices.**

  (a)   Legislative findings. The County Council finds and declares that:

    (1)   In 2016, the Montgomery County Council passed Resolution No. 18-390 supporting Vision Zero and the policies and investments necessary to achieve it by 2030. Vision Zero is a strategy to eliminate all traffic fatalities and severe injuries while increasing safe, healthy, and equitable mobility for all.

    (2)   Progress has been made to reduce injuries and deaths on our roadways due to more sidewalk installations, dedicated bike lanes, automated traffic enforcement, and other traffic calming techniques that decrease safety risks for non-motorists and motorists alike. While we have made advancements in our safety investments for pedestrians and cyclists in the County, residents in our equity-emphasis areas are still more likely to experience an injury or fatality on our roads.

    (3)   Since 2020, 41 pedestrians and bicyclists have been killed by motorists, and over 1,400 have been injured. In 2022 alone, 19 non-motorists died and 574 were hit.

    (4)   Since 2015, 64 percent of all pedestrian-involved crashes occurred at intersections. For bicyclists, 74 percent of all incidents occurred at intersections.

    (5)   Ensuring the health and safety of 1.1 million residents will continue to be a top priority for the Montgomery County government. By implementing evidence-based measures and maximizing resources to areas in critical need, more lives can be saved.

  (b)   Definitions. As used in this Section:

    Department means the Department of Transportation.

    Director means the Director of Transportation or the Director’s designee.

    Downtown area has the same meaning as stated in Section 49-31.

    Leading pedestrian interval means a traffic control device that:

    (1)   allows a pedestrian to establish a presence in the crosswalk before vehicles are given a green indication; and

    (2)   has specifications in accordance with the most recent edition of the Manual on Uniform Traffic Control Devices for Highways and Streets.

    Town center area has the same meaning as stated in Section 49-31.

  (c)   Signage – required. The Department must erect signage that indicates “No Right Turn on Red” at County-owned signalized intersections located:

    (1)   in a downtown area; and

    (2)   in a town center area.

  (d)   Right turn on red – prohibited. A driver of a motor vehicle must not make a right turn on a red signal as marked by a posted sign under subsection (c).

  (e)   Leading pedestrian interval – required. The Director must install or cause to be installed a leading pedestrian interval at every crosswalk of a County-owned signalized intersection located:

    (1)   in a downtown area;

    (2)   in a town center area; and

    (3)   at the closest intersection within 1,300 feet in each direction of an access point of a school, park, rail, library, bus rapid transit station, or community center frontage.

  (f)   Exemption. The requirements of subsection (c) or (e) do not apply at a signalized intersection if the Director determines that installing a “no right turn on red” restrictions or leading pedestrian interval would significantly impair public safety.

  (g)   Annual Reporting. By July 1 of each year, the Director must transmit to the Council a report that includes:

    (1)   a rationale or evaluation, for any intersection where the Director determined, under subsection (f), the installation of “no right turn on red” signage or a leading pedestrian interval is exempt; and

    (2)   the number of referrals made by the Department to a municipality, the State Highway Administration, Montgomery County Public Schools, or any agency requesting an infrastructure safety review for each traffic collision that occurred on a non-County maintained roadway.

    (3)   The report must be updated and resubmitted to the Council annually to account for any changes in circumstances or recommendations by the Department.

**Sec. 31-9D. Automated Enforcement Action Plan.**

  (a)   The County Executive, or the Executive’s designee, must transmit to the Council an automated enforcement action plan that includes:

    (1)   an explanation of the plan, the goals, and the strategies to increase automated enforcement programs approved for use in the County by the Council;

    (2)   a recommended number of automated enforcement cameras, by camera type, that should be deployed in the County to achieve appropriate levels of enforcement and related traffic safety results;

    (3)   a timeline for deploying the recommended number of cameras, including the number of additional cameras to be deployed, by camera type and by fiscal year;

    (4)   the amount of funding necessary, in addition to what has been authorized as of the date of the plan’s publication, by fiscal year, to attain the target number of cameras; and

    (5)   any other necessary recommendations for consideration.

  (b)   Annual plan. The plan must be updated and resubmitted to the Council annually.

**Sec. 31-9E. Vehicle Noise Abatement Monitoring – Pilot Program.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated.

    (1)   Chief means the Chief of the Department or the Chief’s designee.

    (2)   Department means the Montgomery County Police Department.

    (3)   Program or pilot program means the Vehicle Noise Abatement Monitoring Pilot Program established under this Section.

    (4)   Program liaison means the local designee required under Chapter 624 of the 2024 Laws of Maryland.

    (5)   The following terms have the same meanings as indicated under Chapter 624 of the 2024 Laws of Maryland:

      (A)   noise abatement monitoring system;

      (B)   noise abatement monitoring system operator;

      (C)   owner; and

      (D)   violation.

  (b)   Program established. There is a Vehicle Noise Abatement Monitoring Pilot Program implemented by the Department pursuant to Chapter 624 of the 2024 Laws of Maryland.

  (c)   Program requirements and location of monitoring systems.

    (1)   The Department must deploy and utilize 3 noise abatement monitoring systems within the County to enforce motor vehicle noise requirements under Section 22-602 of the Transportation Article of the Maryland Code, as amended.

    (2)   The County must not deploy or utilize a noise abatement monitoring system within the County for any purpose other than to enforce motor vehicle noise requirements under Section 22-602 of the Transportation Article of the Maryland Code, as amended.

    (3)   Before activating a noise abatement monitoring system, the Department must:

      (A)   publish notice of the location of the noise abatement monitoring system on the County website; and

      (B)   ensure that each noise abatement monitoring system is proximate to a sign that:

        (i)   indicates that noise abatement monitoring systems are in use in the area; and

        (ii)   is in accordance with the manual and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under Section 25-104 of the Transportation Article of the Maryland Code, as amended.

    (4)   If the Department moves or places a noise abatement monitoring system to or at a location where a noise abatement monitoring system had not previously been moved or placed, the Department must not issue a citation for a violation recorded by that noise abatement monitoring system:

      (A)   until signage is installed in accordance with paragraph (2) of this subsection; and

      (B)   for at least the first 15 calendar days after the signage is installed.

  (d)   Program liaison.

    (1)   The Chief must designate a program liaison.

    (2)   The program liaison must not:

      (A)   be employed by a noise abatement monitoring system contractor; or

      (B)   have been involved in the initial review or issuance of the warning notice or citation.

    (3)   The program liaison must:

      (A)   investigate and respond to questions or concerns about the pilot program;

      (B)   review a warning notice or citation generated by a noise abatement monitoring system if the person who received the warning notice or citation requests review before the deadline for contesting liability under Chapter 624 of the 2024 Laws of Maryland;

      (C)   subject to paragraph (4), if the program liaison determines that the warning notice or citation is an erroneous violation, void the warning notice or citation;

      (D)   on receipt of a written question or concern from a person, provide a written answer or response to the person within a reasonable time; and

      (E)   if the program liaison voids or waives a citation, notify the Maryland Vehicle Administration for the purpose of rescinding any administrative penalties imposed by the Maryland Vehicle Administration.

    (4)   The program liaison must not determine that a warning notice or citation is an erroneous violation based solely upon the dismissal of the warning notice or citation by a court.

    (5)   If the program liaison determines that a person did not receive notice of a warning notice or citation due to an administrative error, the program liaison may resend the warning notice or citation in accordance with Chapter 624 of the 2024 Laws of Maryland.

    (6)   The program liaison may waive a warning notice or citation if the person alleged to be liable under this Section provides sufficient evidence that the person has made any alterations to the motor vehicle necessary to avoid future violations.

  (e)   Operations and enforcement.

    (1)   Operation of a monitoring system. In accordance with Chapter 624 of the 2024 Laws of Maryland, a noise abatement monitoring system:

      (A)   must be operated by a trained and qualified operator; and

      (B)   must undergo an annual calibration check by an independent calibration laboratory.

    (2)   Warning notices and citations – contents and mailing. A warning notice or citation issued under this Section must be mailed to an owner and must include the information required under Chapter 624 of the 2024 Laws of Maryland.

    (3)   Number and timing of citations – limitations. The Department must not:

      (A)   issue more than one citation to a person per day for a violation enforced by a noise abatement monitoring system; or

      (B)   issue a citation applicable to a motor vehicle during the first 30 days after a warning for a first offense applicable to the motor vehicle is mailed to the owner.

    (4)   District Court procedures. The Department must administer and process civil citations issued under this Section:

      (A)   using a uniform citation form prescribed by the District Court; and

      (B)   in accordance with procedures adopted by the Chief Judge of the District Court.

    (5)   County contractors. If a contractor operates a noise abatement monitoring system or administers or processes warning notices of citations generated by a noise abatement monitoring system on behalf of the County, the contractor’s fee must not be contingent upon a per-ticket basis on the number of warning notices or citations issued or paid.

  (f)   Civil penalties. A person liable for a violation enforced by a noise abatement monitoring system is subject to:

    (1)   for a first offense, a warning notice; and

    (2)   for a second or subsequent offense, a civil penalty not exceeding $75.

  (g)   Use of funds. The fines collected by the County as a result of violations enforced by noise abatement monitoring systems must be used solely:

    (1)   to recover the costs of implementing and administering the noise abatement monitoring systems; and

    (2)   for public safety purposes, including pedestrian safety programs.

  Sec. 3.  Public Information Act.  The County Council intends that recorded images maintained by the Montgomery County Police Department (MCPD) under Section 31-9E, added under Section 1 of this Act, are exempt from disclosure under the Maryland Public Information Act (PIA), Md. Code Ann., § 4-101 et seq.  The MCPD may adopt regulations to ensure the confidentiality of the recorded images under the PIA, including a regulation to define the recorded images as sociological data under PIA § 4-330.

### ARTICLE III. Parking Regulations-Generally.

**Sec. 31-10. Authority of county executive to erect parking signs.**

  Whenever, in the judgment of the county executive, it is necessary for the safety or control of vehicular traffic and parking or for pedestrian safety, he is authorized to provide by executive order for the erection of no stopping, no standing, no parking, and other parking control signs and devices on public streets, highways or other areas in the county; provided, that no such sign or device shall be erected on state highways without the approval of the state highway administration; and provided, that no such sign or device shall be erected at the cost of the county government in any incorporated town or special taxing area unless the council has by resolution consented to the payment of such costs; and provided, that if the private owner of any land used by the general public shall cause to have erected no-stopping, no-standing, no-parking or other parking control signs or devices upon streets, highways, and other areas within said private property, said signs shall conform to the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" with regard to design, color, size and placement.

**Sec. 31-11. Establishment of emergency or temporary no parking zones.**

  (a)   The county executive or his designee and the county police or other authorized persons so designated by the county executive, are hereby authorized and empowered at any time to designate any streets and areas within the county as emergency or temporary no parking zones or temporarily to prohibit vehicular and pedestrian traffic on such streets and areas, in the event of emergencies such as fires, riots, accidents or other events likely to attract large crowds, for the purposes of street maintenance or for any other public purpose.

  (b)   When and in the event such streets and areas as hereinabove mentioned are so designated, parking of vehicles and vehicular and pedestrian traffic in such streets and areas is prohibited.

**Sec. 31-12. Parking vehicles in violation of official signs.**

  No vehicle shall be parked in violation of any sign provided for in this chapter or regulation issued pursuant thereto or other official sign, and both the owner or operator thereof shall be subject to the penalties provided for in this chapter for any such violation.

**Sec. 31-13. Parking of vehicles during periods of snow accumulation.**

  (a)   During the periods of snow accumulation, the county executive is authorized, upon meeting the notice requirements of section 31-6 of this chapter, to restrict as hereinafter provided the parking of any vehicles on the street and highways of the county for the purposes of facilitating snow removal. Commencing at 7:00 a.m. on the day following the giving of notice by press release, the following restrictions shall be in force, except on Sundays:

    (1)   No parking shall be permitted between the hours of 7:00 a.m. and 5:00 p.m. on Mondays, Wednesdays and Fridays on the side of any street or highway where the buildings situated thereon bear even street numbers.

    (2)   No parking shall be permitted between the hours of 7:00 a.m. and 5:00 p.m. on Tuesdays, Thursdays, and Saturdays on the side of any street or highway where the buildings situated thereon bear odd street numbers.

    (3)   In any block wherein parking is prohibited on one side of the street for the entire block, such parking prohibition shall be suspended during such periods as the other restrictions of this section are operative.

  (b)   Any vehicle parked and left unattended in violation of the provisions of this section or any order or declaration of the county executive issued pursuant to this section may be removed and impounded as provided in section 31-21 of this chapter.

**Sec. 31-14. Parking of heavy commercial vehicles, recreational vehicles, utility trailers, or buses.**

  (a)   A person must not park any recreational vehicle or utility trailer on any public roadway except:

    (1)   for up to 18 hours while actively engaged in loading or unloading passengers, merchandise or materials, or

    (2)   for up to 48 hours if the vehicle is involuntarily parked because of mechanical failure or other emergency.

  (b)   A person may park a heavy commercial vehicle or a bus on a public roadway where both sides of the street abut a property zoned for a commercial or industrial use, unless parking is otherwise prohibited by an official sign or other law applicable to all motor vehicles.  A person must not park a heavy commercial vehicle or bus on any other public roadway unless it is:

    (1)   a vehicle engaged in loading or unloading passengers, merchandise or materials;

    (2)   a heavy commercial vehicle used by the owner or operator when engaged in work on the property abutting the street;

    (3)   a bus that stops for a period of time, not to exceed 30 minutes, to maintain a schedule at an authorized terminal stand for a bus route operating under a permit from the State Public Service Commission;

    (4)   a vehicle that is involuntarily parked because of mechanical failure or other emergency for 48 hours or less; or

    (5)   a public contractor’s vehicle as defined in § 31-1.

**Sec. 31-15. Repairing or leaving vehicles on streets for repairs.**

  It shall be unlawful for any person, business or corporation to perform service or repairs on a vehicle parked on a public street within the county, or to store or park on any public street, any motor vehicle left in the custody of any business; provided however, that this section shall not apply to emergency service or repairs; vehicle owners performing minor service or repairs on their respective vehicles otherwise legally parked and operative; or the accommodation for the immediate transfer, exchange or removal of a vehicle to or from a garage, repair shop, service or parking facility.

**Sec. 31-16. Parking over twenty-four hours prohibited.**

  The parking of motor vehicles and trailers upon the highways, roads and streets in the county for a period longer than twenty-four (24) hours is hereby prohibited; except when not otherwise prohibited adjacent to property lines of owner’s residence or business.

**Sec. 31-17. Parking within thirty-five feet of intersections.**

  The parking of vehicles and trailers at any time on any improved public street within a distance less than thirty-five (35) feet from nearest curb line of an intersecting public street is prohibited; provided, that the area in which parking is thus prohibited and the curb space so affected shall be so designated by an appropriate sign or by yellow paint; provided, further, that it is the purpose and intent of this section to prevent the obstruction of the vision of anyone approaching an intersection. The term nearest curb line of an intersecting public street, as used in this section, shall be construed so that measurements shall be made from either the point of intersection of the actual curb or curb lines, or in cases of rounded corners from the point at which a straight extension of the nearest intersecting curb line would meet a straight extension of the nearest curb line of an intersecting public street.

**Sec. 31-18. Parking beyond posted time limit, prohibited.**

  It shall be unlawful for any vehicle to remain parked in any block, parking area or zone beyond the posted time limit of that block, area or zone. The movement of any vehicle from one parking space to another within the same time zone within the same block, after such time has elapsed, does not extend the allowable time a vehicle may remain parked in that same block.

**Sec. 31-19. Obstructing entrances to public or private driveways.**

  The parking of vehicles at any time on the public ways of the county in such a manner that any part of the vehicle so parked is within five (5) feet of either curb edge of any existing opening or hereafter established entrance to any public or private driveways or shall overlap or obstruct any existing opening or hereafter established entrance to any public or private driveways is prohibited; except, that an owner may obstruct his own private residence driveway.

**Sec. 31-20. Parking prohibited, specifically.**

  Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, a person must not:

  (a)   Stop, stand or park a vehicle, whether occupied or not:

    (1)   In any manner on a public highway which impedes the movement of traffic or constitutes a threat to public safety.

    (2)   On a sidewalk.

    (3)   Within an intersection.

    (4)   On a crosswalk.

    (5)   Alongside any street excavation, obstruction or barricade or opposite any street excavation, obstruction or barricade, when stopping, standing or parking would obstruct traffic.

    (6)   Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

    (7)   On any ramp entering on or exiting from, any highway with two (2) or more traffic lanes moving in the same direction.

    (8)   On any property owned or leased by the board of education of Montgomery County or Montgomery College where an official sign prohibits such parking.

    (9)   In any place an official sign prohibits parking during specific a.m. or p.m. peak traffic periods, during the times posted on the sign.

    (10)   Between a sidewalk or roadway curb and the property edge of a public street or highway, except in an emergency.

    (11)   On any bikeway.

  (b)   Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

    (1)   Within fifteen (15) feet of a fire hydrant.

    (2)   Within twenty (20) feet of any crosswalk whether at an intersection or not, when such crosswalk is marked off by painted lines.

    (3)   Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway.

    (4)   Within twenty (20) feet of the driveway entrance to any fire or rescue station or on the side of a street opposite the entrance to any fire or rescue station, within seventy-five (75) feet of said entrance, when proper sign is posted.

    (5)   At any place an official sign prohibits standing.

    (6)   On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

    (7)   In any fire lane when posted by official sign or proper markings.

    (8)   In the area immediately in front of theaters where designated by official signs.

    (9)   With one (1) or more of the side wheels more than twelve (12) inches from the curb.

    (10)   In a direction other than the flow of traffic.

    (11)   So as to prevent another vehicle already stopped near the curb or otherwise legally parked, from moving away.

    (12)   Not wholly within a designated parking space, or within two (2) feet of the front or rear bumper of another vehicle parked at or parallel to the curb.

    (13)   In a bus stop when properly posted.

    (14)   In a taxi stand when properly posted by official signs.

  (c)   Park a vehicle, whether occupied or not, except temporarily, for the purpose of and while actually engaged in loading or unloading merchandise or passengers:

    (1)   Within fifty (50) feet of the nearest rail of a railroad crossing.

    (2)   At any place an official sign prohibits parking.

**Sec. 31-21. Impounding illegally parked vehicles.**

  (a)   Any vehicle parked in violation of this article or otherwise parked so as to constitute a definite hazard to public safety or is so parked, stopped or standing so as to impede or obstruct the normal movement of traffic or pedestrians, may be impounded by members of the department of police or other authorized persons designated by the county executive.

  (b)   In any case involving the impoundment of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner of the vehicle, in addition to all outstanding fines and penalties assessed for violations of this Article and any towing or storage charges incurred.

  (c)   All such fines, penalties, costs and charges must be paid to the County before the owner may reclaim or secure the release of the vehicle.

### ARTICLE IV. Off-Street Public Parking Regulations.

**Sec. 31-22. Applicability of article.**

  This article applies to all public parking facilities throughout the county operated under chapter 60 of this Code, to all other parking facilities owned or leased by the county primarily for public, employee, or special use parking requiring regulatory enforcement, and to privately owned parking facilities open to and used by members of the general public and regulated by a county executive traffic order as provided for in this article. Any handicap parking sign that conforms to the “Manual on Uniform Traffic Control Devices for Streets and Highways” and is placed on a privately owned parking facility open to and used by members of the general public is enforceable whether or not the facility is covered by a county executive traffic order.

  For the purpose of this article, a privately owned public parking facility, regulated by county traffic order, will be subject to the same provisions, regulations and penalties contained in this chapter as county owned or leased public parking facilities; however, nothing herein shall prevent the parking of any vehicle on a parking facility owned by an individual, firm or association, if the permission of the individual, firm or association has been obtained.

  This Article does not apply to any public street or parking lot acquired or operated under Article 29 of the Maryland Code.

**Sec. 31-23. Authority of county executive or his designee to regulate by signs.**

  (a)   The county executive or his designee is hereby authorized, by executive order in the form of traffic orders, to regulate parking of vehicles on county property by the erection of official signs conforming to the regulations regarding signs posted on public streets and highways, and conforming in design, color, size and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways."

  (b)   All parking signs erected on any privately owned parking lot within the county shall conform to the regulations regarding signs posted on public streets, highways or other areas in the county, and conform in design, color, size and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways." The county executive or his designee may provide, by executive order in the form of traffic orders, for the erection of official signs regulating parking on any privately owned parking facility within the county, which parking facility is open to and used by members of the general public for parking in connection with retail commercial establishments, or other businesses to which the parking facility is appurtenant. Any traffic order issued under this section may require that the owner, tenant or employees of retail or commercial establishments furnish evidence necessary for the enforcement of such order.

**Sec. 31-24. Marking of public parking facilities.**

  (a)   Spaces for parking of motor vehicles shall be marked off along public parking facilities as provided in this chapter by means of painted lines on the parking surface, by raised curbs or by other suitable means so as to clearly delineate said space as a designated and authorized parking space for one vehicle. Directional arrows, stop signs or stop bars and other traffic-control devices shall be provided to assist and direct circulation within public parking facilities.

  (b)   Areas of public parking facilities not otherwise designated by painted lines or otherwise as parking spaces, shall be considered official no parking zones when indicated by posted signs or yellow paint applied to top and face of curb or by yellow painted lines on the parking surface unless otherwise posted.

**Sec. 31-25. Method of parking.**

  (a)   Every person parking a vehicle in any public parking facility shall park wholly within the area of one (1) individual parking space as marked out by painted lines, curbs or otherwise.

  (b)   No person shall park a vehicle in a designated parking space by backing said vehicle into the parking space when said space is within an area posted by front in only signs.

  (c)   It shall be the duty of all persons to observe the sign markings and other traffic and parking control devices and regulations when using a public parking facility.

**Sec. 31-26. Public parking facilities.**

  Except temporarily for the purpose of and while actually engaged in loading or unloading passengers or for emergency repairs when the vehicle cannot be driven, a person must not park any vehicle on a public parking facility:

  (1)   in violation of an official sign;

  (2)   in a no-parking zone when posted by sign or indicated by yellow painted curb or yellow painted lines on the parking surface, except for a motorcycle where motorcycle parking is permitted by an official sign;

  (3)   in any place that is not designated as a parking space by painted lines, except for a motorcycle where motorcycle parking is permitted by an official sign;

  (4)   in or on any driving aisle, driveway, sidewalk, landscaped area, island, or device for channeling traffic;

  (5)   in an area where parking is temporarily prohibited when marked off by temporary signs or barricades or when an official cover or hood is placed over a parking meter;

  (6)   in a way that prevents another vehicle already stopped or otherwise legally parked in a designated parking space from moving away;

  (7)   for longer than 14 consecutive days in surface parking lots or garages, except when otherwise authorized by Executive order;

  (8)   when the vehicle is unregistered or inoperative or otherwise not capable of being operated legally or safely on County or state highways, roads or streets;

  (9)   by backing the vehicle into a parking space when posted by front-in only signs;

  (10)   in a way that causes the vehicle to straddle the painted lines marking a parking space or otherwise to be parked not wholly in one designated parking space;

  (11)   by leaving the vehicle unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake; or

  (12)   in a way that impedes or obstructs the free flow of traffic or causes a hazard to public safety.

**Sec. 31-26A. Parking spaces reserved for handicapped individuals.**

  (a)   Application and interpretation of this section. This section applies to all parking facilities that are open for use by members of the general public.  The requirements in this section are in addition to, not instead of, any other federal, State, or local law regarding parking spaces reserved for handicapped individuals.

  (b)   How to tell when a parking space is reserved for handicapped individuals. A parking space is reserved for handicapped individuals if it is designated by an official sign.

  (c)   When a person may park a vehicle in a space that is reserved for handicapped individuals. An individual must not park a vehicle in a space reserved for handicapped individuals unless:

    (1)   an individual who will be getting into or out of the vehicle is handicapped; and

    (2)   a special state registration plate for handicapped individuals or a disabled person's parking permit is displayed on or in the vehicle.

  (d)   Obstructing a space reserved for handicapped individuals.  A person who is responsible under Section 49-24A(a) for removing snow and ice from a parking area must not at any time obstruct, or allow another person to obstruct, any space in the parking area that is reserved for handicapped individuals.  This subsection applies to any type of obstruction, other than a legally parked vehicle, such as plowed snow or ice, construction materials, or an illegally parked vehicle owned or controlled by the person.  A natural accumulation of snow or ice in a parking area reserved for handicapped individuals is not an "obstruction" under this subsection, but must be removed when and as required by Section 49A-24A.

**Sec. 31-26B. Parking spaces reserved for a plug-in vehicle.**

  (a)   In this Section, a plug-in vehicle means a vehicle that:

    (1)   is made by a vehicle manufacturer;

    (2)   is manufactured primarily for use on a public street, road, and highway;

    (3)   has a rated unloaded gross vehicle weight of no more than 8,500 pounds;

    (4)   has a maximum speed capability of at least 55 miles per hour; and

    (5)   is propelled to a significant extent by an electric motor that draws electricity from a battery that:

      (A)   for a 4-wheeled vehicle, has a capacity of at least 4 kilowatt-hours;

      (B)   for a 2-wheeled or a 3-wheeled vehicle, has a capacity of at least 2.5 kilowatt-hours; and

      (C)   can be recharged from an external source of electricity.

  (b)   Plug-in vehicle includes a qualifying vehicle that has been modified from the original manufacturer's specifications.

  (c)   A person may not stop, stand, or park a vehicle that is not a plug-in vehicle in a space that:

    (1)   is marked for the use of plug-in vehicles with an official sign that conforms to regulations adopted pursuant to Section 31-23; and

    (2)   provides access to a plug-in vehicle recharging station.

**Sec. 31-27. Vehicles prohibited by type, weight or size.**

  Except when expressly authorized in writing by the county, the following vehicles are prohibited from entering upon a county-owned and -operated public parking facility:

  (1)   Any trailer or towed vehicle.

  (2)   Any truck having a manufacturer's rated carrying capacity greater than (1) ton.

  (3)   Any vehicle with a gross weight greater than eight thousand (8,000) pounds.

  (4)   Any vehicle having an overall length more than twenty (20) feet including any load thereon.

  (5)   Any vehicle wider than eight (8) feet.

  (6)   Any bus.

**Sec. 31-28. Acts and conduct prohibited.**

  It shall be unlawful for any person to enter upon a county-operated public parking facility and:

    (1)   Engage in any conduct, sport or activity which may jeopardize the safety or welfare of persons or property, including but not limited to riding any coasting device, bicycle or unregistered self-propelled vehicle, playing in or tampering with elevators, climbing, skating or skateboard riding, ball playing, throwing, slinging or otherwise projecting objects within or from public parking facility and sledding.

    (2)   Tamper with, deface or otherwise cause injury to fire equipment, parking equipment or other county property contained therein or to any automobile parked therein.

    (3)   Discard waste material or otherwise deposit litter on the premises.

    (4)   Fail to pay the prescribed parking fee to the attendant/cashier upon removing a vehicle from said facility when such facility is operated by an attendant/cashier employed by the county.

**Sec. 31-29. Uses prohibited.**

  (a)   Except when authorized by written permission of the county, no person, association, business or corporation, shall cause or otherwise be responsible for a county-owned or -leased and operated public parking facility to be used for any of the following purposes:

    (1)   The storage of or access to refuse containers associated with the use of any adjacent property.

    (2)   For vehicular access to the adjacent property.

    (3)   For the staging of construction, maintenance or repair work to the adjacent property.

    (4)   For the solicitation of the general public for taxi, charity, business or political purposes or for the distribution of any handbill.

    (5)   For a public assembly.

    (6)   For the storage of equipment or materials of any kind.

    (7)   To perform any service, maintenance or repair on any motor vehicle parked therein except for emergency service and repair necessary for the removal of an inoperative motor vehicle.

    (8)   To park or store any motor vehicle left in the custody of the management of a garage, repair shop or service facility.

    (9)   To park or store any new or used automobile which has been transferred to an automobile dealership for the purpose of trade or sale and not registered unless the vehicles displays dealer license plates.

    (10)   To load or unload commercial vehicles.

    (11)   To cause, allow or conduct student driver training classes or instruction.

  (b)   Notwithstanding subsection (a), the County Executive must establish, by regulation adopted under method (3), procedures to issue written permits for the use of County owned or leased and operated parking facilities for storage and off-street parking purposes under the following conditions:

    (1)   Storage or parking restricted to areas of the facility designated by the Department of Transportation.

    (2)   Vehicle operation and parking within such facilities fully in accordance with County regulations including the observance of posted regulations and appropriate parking meter fees.

    (3)   The term of such permits not to exceed one (1) year and providing not less than thirty (30) days’ notice of termination or suspension upon a finding that such action is necessary to carry out the purposes of the public parking district provisions of this Code or shorter notice upon occasion of emergency repairs, demolition or other public exigency.

    (4)   Establishment of a permit fee schedule sufficient, when considered with the parking meter fee, to cover the operating costs and amortized capital costs of the space involved.

**Sec. 31-30. Snow and ice emergency.**

  (a)   The county executive is hereby authorized from time to time to designate, by executive order, important public parking facilities of the county, or areas thereof, as snow emergency lots which shall be marked by snow emergency lot signs.

  (b)   Upon the proper declaration of snow emergency as provided by law, no person shall park or cause a vehicle to remain parked on any public off-street parking facility between the hours of 7:00 p.m. and 7:00 a.m. where such signs are posted. Imposition of such emergency regulations are intended for public safety reasons and to facilitate the removal of snow and ice from parking surfaces and driving aisles.

  (c)   No vehicle shall be parked in violation of this section.

  (d)   Any vehicle parked and left unattended on a snow emergency lot in violation of this section may be impounded and removed by the county or its agent, and all costs of towing, storage or impounding shall be charged to the owner of the vehicle. All such charges including the fines and penalties provided by this chapter shall be paid to the county or its duly authorized agent before the owner may reclaim the vehicle.

**Sec. 31-31. Impounding illegally parked vehicles.**

  (a)   Any vehicle parked in violation of this article or otherwise parked so as to constitute a definite hazard to public safety or is so parked, stopped or standing so as to impede or obstruct the normal movement of traffic or pedestrians, may be impounded by members of the department of police or other authorized persons designated by the county executive.

  (b)   In any case involving the impoundment of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner of the vehicle, in addition to all outstanding fines and penalties assessed for violations of this Article and any towing or storage charges incurred.

  (c)   All such fines, penalties, costs and charges must be paid to the County before the owner may reclaim or secure the release of the vehicle.

### ARTICLE V. Parking Meters-Generally.

**Sec. 31-32. Applicability of this article.**

  This article shall apply to all parking meters installed and operated by the county pursuant to the provisions of this chapter and chapter 60 of this Code.

**Sec. 31-33. Authority of County Executive to establish fees, time limits.**

  (a)   Parking meters.

    (1)   The County Executive by executive order may authorize the installation, maintenance and operation of parking meters along, and limiting the time motor vehicles may park on, any street or road located in the County and on public parking facilities acquired by or leased to and operated by the County, by use of parking meters or otherwise.

    (2)   The Council by resolution adopted under Section 2-57A must prescribe parking meter or other fees for parking at parking facilities and on streets and roads.

    (3)   After the adoption of such regulations, the county may purchase, install, maintain and operate any such parking meters on all streets, highways, alleys and public parking facilities in accordance with the executive order issued under paragraph (1) of this subsection; provided that the location thereof is approved by the county executive.

  (b)   Enforcement. The department of police or other authorized persons designated by the county executive, or his designee, shall enforce such regulations regarding parking and parking meters.

  (c)   Use of fees. All parking meter and other fees or fines shall be applied first to the expense of installing, maintaining, operating and enforcing such parking meters and then to the general fund of the county unless said parking meters are within a parking lot district as provided by chapter 60 of this Code, in which case said revenues shall be applied to said district.

**Sec. 31-34. Meter to indicate hours and days of use, etc.; duty of driver upon entering space, etc.**

  Each parking meter required by this article shall plainly indicate the hours of the day during which its use shall be required and the parking space to which it is appurtenant. When any vehicle is parked during such hours in a space provided for above, the driver shall, immediately upon entering such space, deposit a coin or coins of the United States in the adjacent parking meter. Each meter shall indicate the total length of time the adjacent space may be used by each operator and the length of time for which the deposit of coin will entitle the operator to use the space. After coins are deposited in a parking meter as required above, a mechanical device on the meter shall continuously indicate the remaining length of time during which the adjacent space may be used. When such time has fully expired, a mechanical device on the meter shall plainly so indicate.

**Sec. 31-35. Causing or permitting vehicles to be parked after parking time expired.**

  It shall be unlawful for any person to cause, allow, permit or suffer any vehicle to be parked, whether occupied or not, in any parking space provided for by this article, during the hours stated on the meter, when the adjacent meter indicates by mechanical device that the time paid for by the deposit of a coin or coins has expired. No vehicle shall be parked in violation of this section.

**Sec. 31-36. Causing or permitting vehicles to be parked beyond the duration of a parking meter.**

  Except during times other than stated on the parking meter as operating hours, it shall be unlawful for any person to cause, allow, permit or suffer any vehicle to be parked, whether occupied or not, in any parking space provided for by this article, beyond the period of time established by the duration of the parking meter, or by any notice on the parking meter limiting the period of time a vehicle may remain parked in such a space. The insertion of additional coins after such time has elapsed does not extend the allowable time a vehicle may remain parked in the same space. This section shall not be interpreted to permit parking in meter spaces that are otherwise restricted by official signs.

**Sec. 31-37. Method of parking-Parallel.**

  It shall be unlawful for any vehicle to be parked, whether occupied or not, in any unmarked parking meter space when such space is parallel to a curb or roadway, in such a manner as to cause the front of the vehicle to extend more than three (3) feet in front of or not more than three (3) feet behind the parking meter designated for that space.

**Sec. 31-38. Same-One vehicle per space, except motorcycles.**

  It shall be unlawful for any vehicle to be parked, in whole or in part, in any parking space provided by this article, when another vehicle is occupying said space; except that more than one (1) motorcycle may occupy the same such space as otherwise provided in this article.

**Sec. 31-39. Use of parking spaces by motorcycles.**

  Nothing in this article shall be construed to prohibit more than one (1) motorcycle from occupying any parking space as provided by this article, provided that no motorcycle shall be parked in such a manner so as to prevent another from moving away, and provided further that, each owner or operator of such vehicles shall be equally and separately liable for the penalties provided in this chapter if said vehicles are parked after the parking time for the adjacent parking meter for that space has expired.

**Sec. 31-40. Use of parking spaces by taxicabs.**

  It shall be lawful for the operator of any taxicab to occupy any parking space as provided in this article, upon paying the proper charge for so doing, but no such operator of a taxicab so parked shall solicit or accept any passenger or passengers while such taxicab is so parked, nor until such taxicab shall have been removed at least one (1) block from the parking space where such taxicab has been so parked.

**Sec. 31-41. Use of parking spaces by commercial vehicles.**

  Nothing contained in this article shall be construed to prohibit commercial vehicles from using on-street public parking spaces as provided in this article, when such commercial vehicles are actually engaged in the loading or unloading of merchandise to commercial business houses in front of which parking meters are located at such times as such parking spaces are not otherwise lawfully occupied; provided, that such commercial vehicles shall not use said parking spaces for any longer period of time than is actually necessary for such loading or unloading; provided further, that in such cases, such commercial vehicles shall not be required to make any deposit of coins in such parking meters.

**Sec. 31-42. By commercial vehicles and public utility vehicles within the public right-of-way.**

  Nothing contained in this article shall be construed to prohibit commercial or public utility vehicles from using or occupying on-street public parking spaces as provided in this article, when such vehicles are actually engaged in authorized construction, maintenance or service activities to the highway, highway equipment or public utilities and such work is totally within the right-of-way of said highway; and provided that, such spaces are not otherwise lawfully occupied. In such cases, said vehicles shall not be required to make any deposit of coins in such parking meters so long as such construction, maintenance and service work is actively and obviously in progress.

  In all other cases, such vehicles are subject to all of the provisions and regulations of this chapter.

**Sec. 31-43. Use of parking spaces by public service vehicles.**

  Nothing contained in this article shall be construed to prohibit public service vehicles from using or occupying public parking spaces as provided in this article, without charge, when the operators of such vehicles are actually engaged on official business and service of the municipality, county, state or federal agency which owns such vehicle, provided that, such vehicles shall not remain parked beyond the posted time limit or parking meter duration of any such spaces unless such vehicle and operator is involved in the service and repair to the street, highway or public parking facility upon which such spaces are located, and provided further, that the county executive or his designee may prohibit such parking without charge in certain parking facilities when the public demand for such spaces exceeds the vehicle capacity of the facility.

  Except as herein provided and in cases involving an emergency, such vehicles are subject to all provisions and regulations of this chapter and the operator of said vehicle shall be subject to the fines and penalties provided in this chapter.

**Sec. 31-44. Use of slugs, etc., in meters.**

  It shall be unlawful for any person to deposit or cause to be deposited in any parking meter any slug, device or substitute whatsoever in lieu of a coin of the United States.

**Sec. 31-45. Defacing, injuring or tampering with meters.**

  It shall be unlawful for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed as provided in this article.

**Sec. 31-46. Impounding illegally parked vehicles.**

  (a)   Any vehicle unlawfully parked within any parking space as provided in this article for a period in excess of 30 minutes may be taken into possession by the police officers of the county or other authorized person designated by the county executive, and towed to some proper storage place.

  (b)   In any case involving the impoundment of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner of the vehicle, in addition to all outstanding fines and penalties assessed for violations of this Article and any towing and storage charges incurred as a result of impoundment. All such fines, penalties, costs, and charges must be paid to the County before the owner or operator may reclaim or secure the release of the vehicle.

### Article Vi. Parking - Special Provisions.

**Sec. 31-47.Parking permit for specialized service providers and qualified childcare centers.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated:

    Department means the Department of Transportation.

    Designated parking space means a parking space marked with official, enforceable signage located within a garage in a Parking Lot District.

    Director means the Director of the Department of Transportation or the Director’s designee.

    Parking Lot District (PLD) means all the land within the boundary area described under Section 60-1 in Silver Spring, Bethesda, and Wheaton.

    Qualified childcare center means a licensed childcare provider that:

    (1)   receives federal, state, County, or private childcare subsidies; or

    (2)   accepts subsidized childcare placement; and

    (3)   the facility is located within a PLD or within 0.1 mile radius of the PLD boundary area.

    Specialized services permit means a unique identification assigned to a specific vehicle, which allows that vehicle to park in a garage located in a PLD. The permit could be in the form of a placard, sticker or electronically matched to a vehicle’s license plate number or some other form of identification method.

    Specialized service provider (provider) means a non-profit organization in good standing under Maryland law, that is a grantee or recipient of a County grant or service contract and provides services for individuals experiencing homelessness in a PLD. Services may include prepared meals, shelter, clothing, or job placement.

  (b)   Parking permit for specialized service provider - established. The Department is authorized to provide a parking permit for a specialized service provider. A permit holder is allowed to use a designated parking space while actively supporting the operation of a specialized service provider that is managed by the Department of Health and Human Services (DHHS) and located in a County-controlled building.

  (c)   Request for designated spaces and monthly rate – The Director of DHHS may request up to 50 designated parking spaces each month and the Director must provide the initial monthly rate of $10 per space for each designated parking space. The rate may be amended by Council resolution.

  (d)   Number of discounted permits – maximum allowed. The Department must not issue more than 80 specialized service provider permits each month unless the Director determines that additional permits can be accommodated for the number of requested designated spaces.

  (e)   Distribution of specialized service provider permits. If requested by the Director of DHHS, the Department must provide permits on a monthly basis to DHHS. The Director of DHHS is responsible for distribution of the permits to providers for individuals that are actively supporting the operation of the non-profit organization.

  (f)   Parking permit for qualified childcare center - established. The Department is authorized to provide a parking permit for qualified childcare centers.

  (g)   Qualified childcare center parking permit - eligibility. A qualified childcare center may apply for parking permits on a form prescribed by the Director. At the time of application, the applicant must include, at minimum, the following supporting documents:

    (1)   a copy of the license or certificate of registration issued by the Maryland State Department of Education; and

    (2)   a copy of active certificate of general liability insurance.

  (h)   Number of qualified childcare center permits – maximum allowed. The Department must not:

    (1)   issue more than 120 qualified childcare center permits in total for the Silver Spring and Bethesda PLDs;

    (2)   issue more than 50 qualified childcare center permits for the Wheaton PLD; and

    (3)   issue more than 25 permits to an individual qualified childcare center each month.

    (4)   Availability of additional permits. If there is a request for a permit that exceeds the amount allowed under paragraph (1), (2), or (3), the Department must maintain a waiting list and reconsider the request at the beginning of each month.

  (i)   Qualified childcare center permit – rate. The permit rate must be set initially at $10 per month and may be amended by Council resolution.

  (j)   Qualified childcare center permit – payment and distribution. Qualified childcare centers must pay for the permits in advance of distribution by the Department. The Department must distribute the permits to the qualified childcare centers on a monthly basis. Qualified childcare centers must provide the permits to individual workers who commute onsite to support the operation of the center.

  (k)   Parking permits for qualified childcare center – parking hours. A permit granted by the Department allows parking of a vehicle in any long-term space located in a PLD garage between the hours of 6:00 a.m. and 7:30 p.m., Monday through Friday, while the permit holder is actively supporting the operation of a qualified childcare center.

  (l)   Revenue collected. Any revenue collected must be deposited into the PLD fund as required under Section 60-16.

  (m)   Enforcement.

    (1)   A valid specialized service provider permit must be properly displayed to authorize use of a designated parking space. No vehicle other than those assigned the applicable permit may park in the designated parking spaces in the assigned garage located in the Silver Spring PLD.

    (2)   A specialized service provider permit is not valid in any location other than a designated parking space.

    (3)   A valid qualified childcare center permit must be properly displayed and is only valid in a designated long-term parking space within the facilities assigned by the Department.

    (4)   The Department may revoke a permit and prohibit future distribution of permits to an organization or individual if it finds a violation of this Article or any abuse or misuse of a permit.

    (5)   Use of designated spaces, childcare service provider permits, or specialized service provider permits that do not comply with the provisions of this Section may result in enforcement action, which includes ineligibility for permit distribution, fines, towing or immobilization of vehicle.

  (n)   Regulations. The County Executive may develop Method (2) regulations to administer and enforce this Section. The regulations may, as necessary, modify the following:

    (1)   application or eligibility requirements for a parking permit;

    (2)   garage assignments or locations; and

    (3)   expiration or duration of a parking permit.

**Sec. 31-48. Parking Permit Areas.**

  (a)   The County Council finds that the health, safety, and welfare of many residents of the County are adversely affected by major public facilities and government actions. Certain public facilities and land uses which result from government actions, including zoning, cause nonresidents to park on streets in certain residential neighborhoods. Nonresident parking can restrict access by residents to street parking, increase air and noise pollution, and create unsafe traffic conditions. The Council enacts this Section to relieve these conditions, encourage mass transit use, and promote the health, safety, and welfare of County residents.

  (b)   The County Executive may by regulation adopted under Method (3) create, modify, or discontinue a parking permit area in which parking is restricted on specified streets to holders of parking permits issued under this Section. The Executive must consider the creation of a parking permit area upon petition by the residents of a given area. This authority is in addition to any other authority the Executive has to regulate motor vehicle parking.

  (c)   In designating a parking permit area the Executive must take into account:

    (1)   the effect on the safety of resident of the are of intensive use by nonresidents for parking of vehicles;

    (2)   the need of the residents of the area to obtain adequate on-street parking near their residences;

    (3)   the difficulty that residences of the area have in securing adequate on-street parking near their residences because of widespread use of available parking spaces by nonresidents;

    (4)   the impact of major public facilities and programs on the health, safety, and welfare of the residents of the area;

    (5)   the impact of nearby facilities used by the public on the availability of on-street parking for areas residents;

    (6)   the likelihood of increasing the availability of residential parking spaces through a parking permit system;

    (7)   the desire of the residents in the area for a parking permit system;

    (8)   the fact that the residents of an area have contributed to the cost of construction or improvement of streets in the area by direct assessment or indirectly in purchase or rental prices;

    (9)   the need for some parking spaces to be available in the area for use by nonresidents; and

    (10)   other factors the Executive finds relevant.

  (d)   The Executive or the Executive’s designee must hold a public hearing before creating or discontinuing a parking permit area or modifying the boundaries of an existing area. Any interested person may speak at the public hearing. The hearing must be held after due notice in a newspaper of general circulation in the County. The notice must clearly state the proposed action, the exact location of the parking permit area, and where to obtain more information. The additional information must include the reasons for creating, modifying, or discontinuing a parking permit area and any other relevant information. A similar public notice must be prominently posted within the proposed parking permit area.

  (e)   The Executive must decide whether to create, modify, or discontinue a parking permit area within 30 days after the public hearing or period of public comment closes. The Executive may extend the time of decision for 30 days. The Executive must mail a written copy of the decision to any person who submitted written comments or spoke at the public hearing.

  (f)   After a parking permit area is created, or modified the Executive or the Executive’s designee must issue appropriate parking permits and post parking signs in the area, indicating the times, locations and conditions under which a parking permit is required. Permits must be issued only to persons residing on property immediately adjacent to a street or road in the parking permit area. A permit remains valid during the period for which the permit is issued and must be renewed periodically. The Executive must adopt Regulations under method (2) to establish when a permit must be renewed. If a permit holder stops residing in a parking permit area before the permit expires, the permit then becomes invalid. A permit may be transferred only in accordance with regulations adopted by the Executive.

  (g)   The Executive may adopt regulations under Method (2) to implement this Section.

  (h)   The Council by resolution adopted under Section 2-57A must establish fees in amounts sufficient to pay the costs incidental to issuing and renewing of permits under this Section.

  (i)   A person must not park any vehicle or use any parking permit in a manner contrary to this Section or regulations adopted under it.

### ARTICLE VII. Administration, Enforcement, Penalties and Collection.

**Sec. 31-49. Reserved.**

**Sec. 31-50. Applicability of article.**

  This article shall apply to the administration and enforcement of the provisions and regulations of this chapter and to the assessment of penalties and the collection thereof by the county for violation of said provisions and regulations. Unless otherwise provided, this article shall also apply to the collection by the county of any fines, penalties, costs or other charges which may be assessed pursuant to any other provision or regulation contained elsewhere in this Code relative to the unlawful parking of a vehicle.

**Sec. 31-51. Enforcement and administration; fines and penalties; signs.**

  (a)   Authority of County Council. The Council must set by Council resolution adopted as provided in Section 2-57A a schedule of fines or other penalties for violations of this Chapter, except that:

    (1)   the fine for parking in a fire lane must not exceed $250;

    (2)   the fine for violating restrictions on parking in a space reserved for individuals with disabilities must not exceed $250; and

    (3)   other  fines and penalties must not exceed those imposed for a class B violation;

  (b)   Authority of County Executive.  The County Executive may:

    (1)   adopt regulations under method (3) to administer this Chapter, including regulations that govern the collection of fines, penalties, costs, and other charges;

    (2)   waive a fine, penalty, cost, or other charge when:

      (A)   there has been a material error in the preparation of a notice of violation; or

      (B)   the fine, penalty, cost, or other charge has been improperly assessed;

    (3)   if a claim for a refund is made within 1 year after payment, refund the amount of any over payment of a fine, penalty, cost, or other charge paid in error or improperly assessed; and

    (4)   delegate any power, duty, or function necessary to implement this Chapter to any agent, representative, or employee of the County.

  (c)   Signs.  Any sign marking a fire lane or space reserved for individuals with disabilities installed after May 31, 1994, should include the amount of the fine for illegally parking in the lane or space.

  (d)   Waivers and refunds. The Director of Transportation must submit a quarterly report to the County Executive that identifies all fines, penalties, costs, and other charges that have been waived or refunded as authorized under subsection (b)(2) and (3).

  (e)   Other jurisdictions.  The County Executive may enter into a written agreement with the governing body of any municipality or special taxing area to provide central administration and collection of fines and penalties under this Chapter.

**Sec. 31-52. Duties and responsibilities of the Department of Transportation.**

  (a)   The Director of Transportation must maintain records of and control the issuance of pre- numbered parking violation notices to the Department of Police and other departments authorized by the County Executive to enforce the law relative to illegal parking.

  (b)   The Director shall maintain receivable files for all parking violation notices issued by the said officers of said agencies and record the final disposition of each notice of violation issued.

  (c)   All fines, penalties, costs and other charges imposed by this chapter for illegal parking violations shall be payable to Montgomery County, Maryland and the Director shall administer and collect all such charges in accordance with the written regulations imposed by the county executive and by this chapter.

  (d)   Upon receipt of notification that the recipient of a notice of violation intends to stand trial for said offense, the Director shall notify the court and forward such records as necessary to conduct said trial. In addition, notice shall also be given to the officer who issued said notice of violation to advise said officer that his presence at the trial has been requested by the defendant.

  (e)   The Director may, in accordance with the procedures prescribed by the state motor vehicle administration and state law, give or cause to be given notice to said administration of all vehicles registered by the state and the subject of any outstanding and past due parking violation of this Code and request that the administration refuse registration or transfer of registration of the subject vehicle, until notified by the county that said violation has been satisfied.

  In such cases, the Director of finance may impose an additional cost of ten dollars ($10.00), or as may be otherwise established from time to time by the county executive by executive regulation adopted under method (3) of section 2A-15 of this Code, for each registration withheld; and the owner of the vehicle shall be subject to payment of such costs, and all other fines, penalties and charges before notice is given to the administration that the subject violation has been satisfied and the registration is released.

**Sec. 31-53. Authority of parking enforcement officers; penalty for failure to obey parking enforcement officers.**

  (a)   Parking enforcement officers, appointed under the regulations of the county personnel board and so designated by the county executive and appropriately uniformed so as to be identified as enforcement officers, are authorized to patrol designated areas of the county for the purpose of enforcing the provisions of this chapter. Such officers have concurrent jurisdiction with the police officers of the county as to the enforcement of all parking, use and conduct provisions and regulations applicable to county streets, highways, alleys, public parking facilities and other property of the county and to privately owned public parking facilities when such facilities are regulated by county traffic orders; except that, such officers shall not have concurrent jurisdiction or authority with police officers of the county to enforce any provision of this chapter relative to moving motor vehicle violations.

  (b)   Parking enforcement officers shall have the power to issue a notice of violation to any motor vehicle or other vehicle owner or operator when such person’s vehicle is found parked in violation of any provision of this chapter, and to issue a summons to appear before a judge of the district court to any person violating any provision or regulation of this chapter.

  (c)   Such officers are further empowered to temporarily restrict motor vehicles from parking in any public parking space in the event of an emergency, public assembly, street or public parking facility cleaning or maintenance operation or for any other public purpose.

  (d)   Such officers are empowered to impound or immobilize motor vehicles as provided in this chapter.

  (e)   Such officers are authorized and empowered to require any person found violating or suspected of having violated any provision of this chapter to present personal identification in the form of a motor vehicle operator’s permit and motor vehicle registration or other suitable identification for the purpose of obtaining such person’s name and address, proof of vehicle ownership or other information as may be required by the district court when charging said person with a violation of this chapter.

  (f)   Such officers are further empowered to direct the owner or operator of any motor vehicle or trailer involved in or the subject of three (3) or more outstanding past-due violations of this chapter, to present identification as provided in the preceding section and to report immediately to the nearest collection agency and pay all outstanding and past due fines, penalties and costs assessed pursuant to violations of this chapter in lieu of said officer impounding or immobilizing the subject vehicle for such outstanding and past due violations. Any person failing to report to the collection agent for payment of delinquent fines as directed by a parking enforcement officer shall be subject to arrest or being issued a summons to appear in court as provided in section 31-59 of this chapter.

  (g)   It shall be unlawful for any person to fail to obey or comply with a lawful order of a parking enforcement officer.

**Sec. 31-54. Duty of police officers or other authorized persons to issue notice of violation.**

  (a)   Any police officer, or other authorized person designated by the county executive, finding a vehicle parked in violation of this chapter shall prepare a notice of violation to the owner or operator of said vehicle on a form prescribed by the county and shall attach said notice to the subject vehicle.

  (b)   Said notice of violation shall report:

    (1)   The vehicle identification by registration state and number.

    (2)   The section of this Code said vehicle was parked in violation of.

    (3)   The date, time and location of said violation.

    (4)   The amount of fine charged for said violation.

    (5)   The name of the officer reporting the violation.

    (6)   Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation.

    (7)   In any case involving a vehicle parked at a parking meter after parking time has expired, the parking meter number shall also be reported.

  (c)   Each notice of violation shall instruct the owner or operator, or either of them, to pay within 15 days to the Department of Transportation as penalty for the violation, the fine specified by Council resolution under this Article, or to give written notice, within 15 days, to the Department, of the owner or operator’s intention to stand trial for the violation in the District Court.

  (d)   It shall be the duty of each police officer or other authorized person to report each such violation to the Department immediately or as soon thereafter as possible.

  (e)   The notice and report as provided in this section shall bear corresponding serial numbers. All notices assigned for issuance by police officers or other persons shall be reported and fully accounted for by the respective officer or person to whom the notices were assigned and any missing notices or reports shall be immediately reported to the Department and documented by such officer or person.

**Sec. 31-55. Same, uniform charge of fine.**

  It shall be the duty of each police officer of the county or other authorized person so designated by the county executive to charge uniformly and consistently the official fine as established by written regulation and provided for in the preceding sections, for violation of each respective parking regulation and provision of this chapter.

**Sec. 31-56. Owner or operator of illegally parked vehicle to pay fine within fifteen days.**

  Each owner or operator notified under the provisions of the preceding section, shall, within fifteen (15) days of time when such notice was issued, pay to the department of finance, as penalty and in full satisfaction of such violation, the sum amount of the fine as specified on such notice.

**Sec. 31-57. Failure to pay or comply; penalty in addition to fine.**

  (a)   If the owner or operator does not comply with the preceding sections and the instructions provided on a notice of violation within the period prescribed by this Article, the fine for such violation must be increased by an additional penalty set by Council resolution adopted under Section 2-57A.

  (b)   Whenever the Department of Transportation or its agent can find, by reasonable access to state motor vehicle administration registration records, the name and address of the owner, the Department or agent must immediately notify the owner in writing that:

    (1)   the violation is overdue and delinquent,

    (2)   the additional penalty has been added, and

    (3)   the owner’s failure to pay the entire fine and penalty makes the owner subject to the warrant and other penalties provided by this Chapter.

**Sec. 31-58. Dishonored check charges.**

  Whenever any check or draft tendered to the county in payment of any fine, penalty, cost or other charge as provided in this chapter is dishonored by a bank or otherwise returned as uncollectible, a charge of ten dollars ($10.00), or as may be otherwise established from time to time by the county executive by executive regulation adopted under method (3) of section 2A-15 of this Code, may be imposed and added to the amount due in order to defray the cost of its collection. In such cases, the county may require that the total amount due be paid in the form of a certified check or money order.

**Sec. 31-59. Penalty for failure to pay fine or stand trial, when warrant may be issued.**

  It shall be unlawful for any owner or operator of a vehicle or any person to fail to satisfy a notice of violation or summons issued to such person or attached to a vehicle owned by such person, fail to stand trial, fail to appear upon receipt of a summons or other written notification directing said person to appear before a judge of the district court and fail or refuse to make payment of fine for notice of violation within the time period specified by any provision of this chapter.

**Sec. 31-60. Presumption of reference to illegal parking.**

  In any prosecution charging a violation of any provision of this article governing the standing or parking of a vehicle or trailer, proof that the particular vehicle or trailer described in the notice of violation was parked in violation of such provision together with proof that the defendant named in the notice of violation was at the time of such parking the registered owner of such vehicle or trailer shall constitute in evidence a prima facie presumption that the registered owner of such vehicle or trailer was the person who parked or placed such vehicle or trailer at the point where, and for the time during which, such violation occurred.

**Sec. 31-61. Duty of police officers and other authorized persons to issue summons to appear.**

  (a)   Any police officer or other authorized person designated by the county executive, having observed any person or having been furnished evidence that any person, business or corporation did violate any provision of this chapter, shall prepare a summons to appear before the district court on a form prescribed by the district court and shall present said summons to the person or an officer of the business or corporation charged.

  (b)   The summons to appear shall cite the section of this chapter that said person, business or corporation violated and instruct said person or representative to appear before the district court on a specified date and time, or to pay, on or before the specified court date and time, as penalty and in full satisfaction for such violation, the fine as specified herein, or as shall otherwise be established from time to time by the district court of Montgomery County. It shall be the duty of each police officer or authorized person to report each such violation to the district court immediately or as soon thereafter as possible.

**Sec. 31-62. Impounding or immobilizing vehicles after enumerated violations generally.**

  (a)   Members of the department of police or any authorized designee of the county executive are hereby authorized to remove a parked or unattended vehicle or trailer from a street, highway, public way, county property or privately owned public parking lot to the nearest police station, garage or other place of safety designated by the department of police or county executive if said vehicle or trailer has been involved in or the subject of three (3) or more outstanding, past due violations of this chapter.

    (1)   Whenever a vehicle or trailer is removed from a street, highway, public way, county property or privately owned public parking lot as authorized in this chapter and the officer or agent knows or is able to ascertain from the registration records in the vehicle or trailer or the records of the state motor vehicle administration the name and address of the owner thereof, such officer or agent shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor, and the method by which release can be secured. A copy of said notice shall be sent to the department of finance and to the officer or proprietor in charge of the place where said vehicle is being held.

    (2)   It shall be unlawful for any person to remove or permit the removal of a vehicle from the custody of the county without first obtaining authorization from the county, a court order or paying all fines, penalties, costs and other charges associated with the impoundment of said vehicle.

  (b)   Members of the department of police or any authorized designee of the county executive are hereby authorized to immobilize, in such a manner as to prevent its operation, a parked or unattended vehicle or trailer, if such vehicle or trailer has been involved in or the subject of three (3) or more outstanding, past due violations of this chapter except that no such vehicle or trailer may be immobilized by any means other than the use of a device or mechanism that will cause no damage to such vehicle or trailer unless it is moved while such device or mechanism is in place.

    (1)   In any case involving immobilization pursuant to this section, such officer or agent shall cause to be placed on such vehicle or trailer in a conspicuous manner notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle. Said notice shall further instruct the owner or operator of the procedure to follow to secure release of the vehicle.

    (2)   It shall be unlawful for any person to be found tampering with or removing or attempting to remove the immobilization device without authorization or found removing the warning notice.

  (c)   In any case involving the impoundment or immobilization of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner or operator of the vehicle, in addition to all outstanding fines and penalties assessed for violations of this Chapter and any towing and storage costs incurred. All such fines, penalties, costs, and charges must be paid to the County before the owner may reclaim or secure the release of the vehicle.

**Sec. 31-63. Sales of abandoned, etc., vehicles-Procedure generally.**

  Whenever any motor vehicle or part thereof is in the custody of the department of police and whenever the owner or person entitled to the possession thereof cannot be located and fails to claim such motor vehicle or part thereof for a period of sixty (60) days after such motor vehicle, or part thereof, came into the custody of the division, the same may be disposed of by the county executive, at public sale, at some time and place which shall be convenient and accessible to the public, provided, that an advertisement of the time, place and terms of the sale, together with a full, detailed description of such motor vehicle, or part thereof, shall be inserted in at least one (1) newspaper of general circulation in the county, at least once each week for two (2) successive weeks prior to the sale; provided, further, that a notice by registered mail shall be sent at least ten (10) days prior to the sale to the owner and lien holder, if any, shown on the records of the commissioner of motor vehicles, or the person entitled to the possession of such motor vehicle or part thereof, if his address be known, or if it can be ascertained by the exercise of reasonable diligence. If such address cannot be ascertained then such notice shall not be required.

**Sec. 31-64. Same-Evidence of title.**

  A sales receipt as prescribed or approved by the Motor Vehicle Administration of Maryland shall be issued to each purchaser of any such vehicle sold and said receipt shall constitute sufficient evidence of title to any motor vehicle so sold, in order to enable any such purchaser to obtain a certificate of title and registration from the Motor Vehicle Administration of Maryland.

**Sec. 31-65. Same-Disposition of proceeds; payment of liens, etc.**

  After payment of the expenses of any sale held pursuant to section 31-63 and the amount of storage, transportation and other administrative costs incurred by the county on account of the motor vehicle or part thereof sold at such sale and after payment of any outstanding traffic or parking violations against such vehicle and all liens filed against the motor vehicle or part thereof, the balance, if any, received by the county at any such sale shall be held by the director of finance for a period of ninety (90) days from the date of such sale. The director of finance shall pay such balance to any person who shall file his verified claim prior to the expiration of such period establishing that he is the owner or person entitled to the possession of such motor vehicle. If no such claim is filed within such period, the balance shall be transferred to the police relief and retirement fund of the county.

**Sec. 31-66. Receipts not required for payments received by mail.**

  The provisions of section 2-35 relative to the issuance of a receipt to a person paying same shall not apply to the payment of parking violations and related charges by mail. The canceled check of the owner or operator shall suffice as a receipt in all instances. Payment may be made in person or by mail to the department of finance.

**Sec. 31-67. Penalties, generally.**

  (a)   No vehicle shall be parked in violation of the provisions of this chapter or regulations issued thereunder, and the owner thereof shall be subject to the fines and penalties established under the provisions of article VII of this chapter for such violation.

  (b)   Any violation of any provisions of this chapter or regulations promulgated hereunder shall be punished as a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day that a violation continues shall be deemed as a separate offense.

### ARTICLE VIII. Miscellaneous Provisions.

**Sec. 31-68.  Pedestrian and bicycle saf\ety impact statements.**

  (a)   For each applicable capital project in the Capital Improvements Program, the Office of Management and Budget must include in or transmit with the CIP an analysis of:

    (1)   the effect of the project on pedestrian and bicyclist access and safety in the project and the surrounding area; and

    (2)   what capital or operating modifications, if any, will be required to promote and maximize safe pedestrian and bicyclist access to, and in the area of, the project.

  (b)   As used in this section, applicable capital project includes:

    (1)   any new or modified building, road, park, school, or other capital project which is:

      (A)   proposed for development on a single unified site; and

      (B)   identifiable as a separate facility; and

    (2)   any project that comprises individual subprojects or items if any individual subproject or element listed in the project description form submitted by OMB, if treated separately, would be covered by paragraph (1).

  (c)   The Council may require any other County department or agency to supplement the analysis submitted by the Office of Management and Budget.

  (d)   The Council may by resolution exempt a category of capital projects which by their nature do not require an analysis under this Section.

**Sec. 31-69. Residential Traffic Management Areas.**

  (a)   The County Council finds that the health, safety and welfare of many residents of the County are adversely affected by excessive non-local traffic in residential neighborhoods. Restrictions on traffic access into or through particular residential areas can enhance the quality of life by reducing traffic hazards, noise, air pollution and litter. The Council enacts this Section to relieve these conditions, encourage mass transit and car pool use, and promote and preserve the livability of residential neighborhoods.

  (b)   The County Executive may, by regulation adopted under Method (3):

    (1)   create, modify, or discontinue a residential traffic management area; and

    (2)   adopt a residential traffic management plan which restricts traffic flow on specified streets in that traffic management area.

  (c)   As used in this Section, unless the context clearly indicates another meaning:

    (1)   area means a residential traffic management area; and

    (2)   plan means a residential traffic management plan.

  (d)   A plan must consider traffic control measures and pedestrian safety improvements which do not close a road or right of way. These measures include signs, pavement markings, sidewalks, speed humps, and physical devices which limit access, channel vehicle movement, or otherwise divert traffic.

  (e)   After receiving an application from a citizens association which represents a significant number of residents of a proposed area, or a petition signed by 15 percent of the households in a proposed area, the Executive must decide whether to create an area and adopt a plan for that area.

  (f)   In deciding whether to create an area and adopt a plan for that area, the Executive must consider:

    (1)   the classification or function of each street in the area and existing street widths;

    (2)   overall traffic volumes and level of use by non-local traffic;

    (3)   pertinent traffic and pedestrian safety factors;

    (4)   the impact of possible traffic flow restrictions on nearby residential areas, businesses, public access and facilities, and the surrounding street network;

    (5)   feasibility of compliance and enforcement;

    (6)   the need of the residents in the proposed area for traffic flow restrictions;

    (7)   approved or pending master or sector plans; and

    (8)   any other factor the Executive finds relevant. The Executive must not reject a proposed plan primarily because it would increase traffic volumes on arterial roads.

  (g)   The Department of Transportation must seek advice on any proposed plan from affected residents and other interested persons on an ongoing basis through regular open meetings and other reasonable means.

  (h)   The Executive or the Executive’s designee must hold a public hearing before creating, modifying or discontinuing an area. The hearing must be held after notice published for two consecutive weeks in a newspaper of general circulation in the County, with the last publication at least 15 days before the hearing. The notice must specify the boundaries of the proposed area, describe the proposed plan, and tell where to obtain more information. A copy of the notice must be prominently posted in the proposed area.

  (i)   Within 60 days after the record of the public hearing closes, the Executive must decide whether to establish an area and implement a plan. Before adopting a plan under subsection (b)(2), the Executive may by any reasonable means confirm the support by citizens in the proposed area for that plan.

  (j)   The authority delegated by this Section is in addition to any other authority the Executive has to regulate vehicle or pedestrian traffic.

  (k)   The Executive may adopt regulations under method (2) to implement this Section. These regulations may include, among other provisions, standards and procedures to reassess periodically any plan adopted under this Section or before this Section took effect.

  (l)   Any traffic restriction which was adopted before this Section took effect to control the volume of traffic in a residential area, and which is lawfully in force when this Section takes effect, must remain in effect until modified or revoked under this Section.

  (m)   The Executive must report by July 1 of each year to the Council on all applications approved or rejected under this Section and the status of pending applications.

### ARTICLE IX. E-Scooters.

**Sec. 31-70. Definitions.**

  In this Article, the following words have the meanings indicated:

  Child means an individual under the age of 14 years old.

  Electric low speed scooter or e-scooter means a vehicle that:

  (1)   is designed to transport only the operator;

  (2)   weighs less than 100 pounds;

  (3)   has single wheels in tandem or a combination of 1 or 2 wheels at the front and rear of the vehicle;

  (4)   is equipped with handlebars and a seat or a platform designed to be stood on while riding;

  (5)   is solely powered by an electric motor and human power; and

  (6)   is capable of operating at a speed of up to 20 miles per hour.

  Electric low speed scooter does not include:

  (1)   an electric personal assistive mobility device;

  (2)   an electric wheelchair or other mobility aid used by a disabled individual; or

  (3)   an electronic scooter used by a child for recreational use that:

    (A)   has a maximum operating speed of up to 10 miles per hour; and

    (B)   does not contain reflectors.

  Personal use means riding an electric low speed scooter by the owner or any other person who the owner authorizes to ride the electric low speed scooter without charging rent.

  Recreational use means riding an electric low speed scooter by a child authorized to ride for play, leisure, or instruction.

**Sec. 31-71. Helmets required.**

  (a)   A person who is under age 18 must wear a helmet when riding an e-scooter on a public street, right-of-way, or bicycle path in the County.

  (b)   The helmet must be approved by the Snell Memorial Foundation or the American National Standards Institute, or other institution that the Director of Transportation determines meets an equivalent standard.

**Sec. 31-72. Registration of e-scooters for personal use.**

  (a)   Any County resident who owns an e-scooter for personal use in the County may voluntarily:

    (1)   register the e-scooter with the Montgomery County Police Department by:

      (A)   completing a form provided by the County Executive or designee; and

      (B)   paying a registration fee, if any;

    (2)   have a legible County registration decal on the e-scooter; and

    (3)   remove the County registration decal when the e-scooter is sold, transferred, or dismantled.

  (b)   E-scooter registration under this Section is not transferable.

  (c)   A person, other than the owner, must not remove a County registration decal from an e-scooter.

  (d)   The County Executive may set e-scooter registration fees by Method (3) Regulation.

**Sec. 31-73. Registration of e-scooter fleets.**

  (a)   Applicability. This Section only applies to a company that owns an e-scooter fleet provided for shared use.

  (b)   Registration. The owner of 2 or more e-scooters for rent in the County must register the e-scooter fleet with the Department of Transportation by:

    (1)   completing a form provided by the County Executive or the Executive’s designee; and

    (2)   paying a registration fee.

  (c)   The owner of an e-scooter fleet operating in the County must ensure that each e-scooter has the following information visible:

    (1)   e-scooter company name;

    (2)   unique identifier for each e-scooter; and

    (3)   contact information for the e-scooter company.

  (d)   E-scooter registration under this Section is not transferable.

  (e)   The Executive may set e-scooter registration fees by Method (3) Regulation or through a memorandum of understanding between the Department of Transportation and the owner of an e-scooter fleet.

**Sec. 31-74. E-scooter operation and parking requirements.**

  (a)   Minimum age. A person under the age of 14 must not operate an e-scooter.

  (b)   Maximum speed. A person must not operate an e-scooter at a speed greater than 15 miles per hour.

  (c)   Reflectors required.

    (1)   Every e-scooter operating in the County must have:

      (A)   a lamp on the front that emits a white light visible from at least 500 feet to the front; and

      (B)   a red reflector on the rear visible from all distances from 600 feet to 100 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.

    (2)   In addition to, or instead of, the reflector required in subsection (c)(1)(B), an e-scooter may have a functioning lamp that acts as a reflector and emits a red light or a flashing amber light visible from at least 500 feet to the rear.

  (d)   Parking requirements.

    (1)   An e-scooter must be parked in a standing upright position.

    (2)   Unless otherwise prohibited by law that specifically prohibits parking on a sidewalk, a person may park an e-scooter:

      (A)   in the street buffer zone, which is located between the sidewalk and curb;

      (B)   in the frontage zone, which is located between the sidewalk and right-of-way line;

      (C)   in the curbside zone, which is located on-street, if:

        (i)   corrals or demarcated spaces are available; or

        (ii)   if there is no sidewalk or street buffer zone

      (D)   on a residential street that permits on-street parking; and

      (E)   in a designated location as determined by the Director of the Department of Transportation.

    (3)   A person must not park an e-scooter:

      (A)   on a sidewalk that is 5 feet in width or narrower;

      (B)   in a driveway without the permission of the owner of the driveway;

      (C)   in an area reserved for sidewalk dining;

      (D)   in a transit zone, including bus stops, shelters, and passenger-waiting areas, except at designated areas within a transit zone, as determined by the Director;

      (E)   in a loading zone;

      (F)   in a parking zone dedicated to accessible parking;

      (G)   in a bicycle lane;

      (H)   in a manner that impedes access to a doorway, gate, or other entrance or exit;

      (I)   in a manner that reduces the pedestrian zone to less than 4 feet or that otherwise prohibits the free flow of pedestrian traffic; or

      (J)   in a manner that interferes with places of access for persons with disabilities as required by the Americans with Disabilities Act.

**Sec. 31-75. Enforcement**

  (a)   The enforcement provisions in this Section are in addition to the enforcement provisions of Article VII of this Chapter.

  (b)   The fine for a person’s first violation of a helmet requirement of this Article must be waived if:

    (1)   the person charged:

      (A)   is a minor; and

      (B)   produces proof that the person has obtained a helmet for the person’s use; or

    (2)   the person charged:

      (A)   is the parent or guardian of a minor; and

      (B)   produces proof that the person has obtained a helmet for use by that minor.

  (c)   Penalty. The penalty for a violation of the helmet requirement in this law must be a Class C civil violation.

  (d)   Impoundment.

    (1)   The County Police Department may impound any unregistered e-scooter that is provided for rent until the e-scooter is properly registered.

    (2)   The County police must give an impounding receipt to the owner or operator of the unregistered e-scooter that is provided for rent. If an unregistered e-scooter provided for rent is impounded, the County police must hold an unregistered e-scooter provided for rent until it is:

      (A)   registered;

      (B)   donated to a non-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code in the discretion of the Chief Administrative Officer if reasonable attempts to locate the owner are unsuccessful; or

      (C)   disposed of in the manner provided for abandoned motor vehicles under Section 31-63.

**Sec. 31-76. Parental responsibility.**

  A parent or guardian of a minor must not knowingly allow that minor to violate this Article.

**Sec. 31-77. Evidence of negligence.**

  Failure of a person to use a helmet as required by this Article, or evidence that a parent or guardian of a minor knowingly allowed the minor to violate a helmet requirement of this Article, must not:

  (a)   be considered evidence of negligence;

  (b)   be considered evidence of contributory negligence;

  (c)   limit liability of a party or an insurer; or

  (d)   diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 31A. Motor Vehicle Repair and Towing Registration.

### Article I. In General.

**Sec. 31A-1. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Director or Executive Director: The Director of the Office of Consumer Protection.

  Motor vehicle: Any vehicle, including trucks and motor bikes, fully or partially powered by an internal-combustion engine or electric motor and used as means of transportation on public highways.

  Office: The Office of Consumer Protection.

  Repair and maintenance: Includes the adjustment, replacement, removal or installation of any component or part of a motor vehicle including, but not limited to, any adjustment, replacement, removal, installation, examination or diagnosis of any component or part of the power train, engine, transmission, brake system, electrical system, engine cooling system, heating or air-conditioning system, exhaust system, suspension system and any other mechanical or nonmechanical part or component. The words "repair and maintenance" shall also include the examination, diagnosis, repair, adjustment, replacement, removal or installation of any part of the exterior or interior of any motor vehicle, including tires, lights, upholstery, windows, glass, paint or other body work and shall further include the replacement or installation of any oil, lubricant or fluid necessary or incidental to the operation, maintenance or repair of a motor vehicle or any component or part thereof. The words "repair and maintenance" shall not include the towing of any motor vehicle.

  Towing: The moving or removing of, or the preparation to move, any motor vehicle by another motor vehicle for hire.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 31A-2. Required.**

  (a)   It shall be unlawful for any person, firm or corporation to engage in the business, occupation, profession or trade of repairing or maintaining motor vehicles or motor vehicle equipment, or towing motor vehicles, unless such person, firm and corporation shall have first registered with the county. This provision shall not be construed to apply to persons employed by the registrant, nor shall it apply to any insurer engaged as indemnitor, any surety, or any contractor engaged in the business of entering into contracts of insurance, or to the representatives of any insurer; nor shall it apply to corporations or organizations which repair, maintain or tow motor vehicles for themselves or other corporations and organizations but not for the general public.

  (b)   Any person, firm or corporation who violates the provisions of this section shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 31A-3. Application; fee.**

  (a)   Any person, firm or corporation desiring to be engaged in business to repair, maintain or tow motor vehicles or install, repair or maintain motor vehicle equipment in the county shall register on the form provided by the county. Each application filed shall be accompanied by an application fee in the amount established by the county executive by written regulation adopted under method (3) of section 2A-15 of this Code. The county executive shall establish a sliding scale for such fees based on the number of employees engaged in repair work and with incentive to participate in voluntary certification through the National Institute for Automotive Service Excellence. This provision shall not be construed to require the registration of employees.

  (b)   The county shall maintain a permanent register of all applicants and registrants in such form as the chief administrative officer shall require.

**Sec. 31A-4. Certificate-Issuance; term; renewal; display.**

  (a)   The County, through the Director, must issue a certificate of registration to an applicant within 10 days after receiving a completed application form and the applicable fee.

  (b)   Registration certificates issued pursuant to this Chapter shall be valid for an initial period of one (1) year from date of issuance; renewal certificates shall be valid for a period of three (3) years. Applicants for renewal shall make application therefor at least thirty (30) days prior to the expiration of their registration and pay such fee as is established by the County Executive by written regulation adopted under method (3) of Section 2A-15 of this Code.

  (c)   Registration certificates shall be displayed prominently in a public area of the registrant's place of business. Duplicate registration certificates may be obtained for a fee of two dollars ($2.00) if any original certificate is lost, stolen or destroyed.

**Sec. 31A-5. Revocation, suspension or refusal to renew generally; civil fines.**

  (a)   Under the procedures in section 31A-7, the County may revoke, suspend or refuse to renew the registration of any registrant, except a tower, who has violated Chapter 11, or who has engaged in any deceptive or unconscionable trade practice as defined in Chapter 11, or who has committed any of the following acts:

    (1)   Fraud or deceit in applying for a registration certificate.

    (2)   Aiding, abetting or knowingly combining or conspiring with an unregistered person with intent to evade this Chapter.

    (3)   Willful and deliberate violation of any state or County law or regulation relating to the repair or maintenance of motor vehicles.

    (4)   Willful failure to perform, without justification, any contract for repair, installation, or maintenance, or willful deviation from or disregard of any written estimate in any material respect without the consent of the consumer.

    (5)   Any conduct constituting gross negligence, relating to the repair or maintenance of motor vehicles.

    (6)   Repeatedly making or authorizing any statement or advertisement which is false or misleading and which is or should reasonably have been known to be false or misleading.

    (7)   Knowingly charging for any service which is not actually performed in repairing or maintaining a motor vehicle, knowingly charging for any parts which are not furnished, knowingly misinforming a consumer concerning what is wrong with a motor vehicle, or fraudulently substituting parts when the substitution has no relation to the repairs or services provided.

  (b)   Under the procedures in Section 31A-7, the County may revoke, suspend or refuse to renew the registration of any tower who does not comply with Article III of this Chapter.

  (c)   In making a decision regarding revocation or suspension, the County must consider the past conduct of the registrant.

  (d)   In addition to seeking the revocation or suspension of a registration, the County may also enforce or correct any violation of this Chapter as a class A violation.

**Sec. 31A-6. Complaints.**

  (a)   Any person subjected to any unlawful practice, as defined in this Chapter, may file a complaint in writing with the Office as provided in Chapter 11.

  (b)    After receiving a complaint under this Chapter, the Office must conduct such investigations and hearings as necessary under the authority delegated by Chapter 11.

  (c)   Repealed by 1983 L.M.C., ch. 42, § 1.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 31A-7. Procedure for revocation; hearing; appeals.**

  (a)   If the Office finds a violation of this Chapter or Chapter 11, or a violation of any other applicable law or regulation relating to the repair or maintenance of motor vehicles, or if the Office finds a violation of Article III of this Chapter relating to the towing of motor vehicles, the Office may, in addition to the procedures established in Chapter 11, issue a written complaint against the registrant, seeking that the registrant's motor vehicle repair and towing registration be revoked, suspended, or refused. All complaints issued by the Office must be in writing and specify the allegations on which the complaint is based and the law or regulation which the registrant allegedly violated. All complaints must be served on the registrant against whom the complaint is made either by personal service or by certified mail, delivery restricted to addressee, mailed to the last address recorded in the official County registry.

  (b)   Before revoking, suspending or refusing to renew any registration, the Office must offer the registrant an opportunity for a hearing to show why the registration should not be revoked, suspended, or refused. The Director may serve as hearing officer at any hearing, or the Director may appoint a hearing officer. The registrant must receive at least 15 days written notice of the hearing by personal service or certified mail delivered to the last address recorded in the official County registry. The notice must specify the time, date and place of the hearing and contain sufficient information to inform the registrant of the nature of the complaint. The notice must specify that the registrant has a right to representation by counsel and that the registration may be suspended, revoked or refused by the County.

  (c)   The hearing officer, on finding a violation of this Chapter or Chapter 11, or any other applicable law or regulation relating to the repair or maintenance of motor vehicles, may revoke, suspend, or refuse to renew the registration of any registrant.  The hearing officer may revoke, suspend, or refuse to renew a tower’s registration on finding a violation of Article III of this Chapter relating to the towing of motor vehicles.  Any decision to revoke, suspend, or refuse to renew registration must be in writing, include a statement of the facts on which it is based, and be served on a registrant by personal service or certified mail. Any registrant aggrieved by a decision to revoke, suspend or refuse any registration may appeal to the Circuit Court under the applicable rules for administrative appeals.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 31A-8. Adoption of additional regulations.**

  The county executive is hereby authorized to adopt, under method (2) of section 2A-15 of this Code, written regulations necessary for the implementation of the provisions of this chapter.

**Sec. 31A-9. Reserved.**

### Article II. Repair and Maintenance.

**Sec. 31A-10. Repair and maintenance estimates.**

  (a)   Any registrant shall provide to every consumer upon request a written estimate of repairs the total of which exceeds twenty-five dollars ($25.00). The estimate shall state the name and address of the motor vehicle's owner, the make, year and tag number of the motor vehicle and the odometer reading, and the total estimated cost of:

    (1)   All parts which shall be listed with reasonable particularity. If used or rebuilt parts are to be installed, they shall be so designated;

    (2)   Description of motor vehicle problem as described by consumer as well as any specific repair requested by consumer;

    (3)   Labor charges and method of computation;

    (4)   Incidental service charges;

    (5)   Charges, if any, for release of the motor vehicle in the event that the motor vehicle is not repaired; and

    (6)   Charges, if any, for making the estimate.

  Any registrant may charge a reasonable fee for making estimates; provided, that a reasonable time is needed for diagnosis of the problem and disclosure of the fee is made prior to making the estimate. The consumer shall not be charged for the provision of such an estimate unless such a fee is disclosed prior to making the estimate.

  (b)   Any express warranty of parts or workmanship shall be stated.

  (c)   In the event that a determination is made that the actual charges for the repairs or maintenance will exceed the total written or oral estimate by more than ten (10) percent of the total estimate, the consumer or his designated agent shall be immediately notified by telephone, telegram, mail or written notice of the new estimated charges. Such notification shall be at the expense of the registrant. A consumer so notified may authorize the new estimate charge or may cancel the order for repairs. Such authorization or cancellation must be confirmed in writing by the registrant or his employee. If the order for repair is canceled by the consumer, the unrepaired or partially repaired motor vehicle shall be released expeditiously in reasonably like condition as received unless it is impossible to reinstall removed part or parts and upon payment of whatever charge is imposed for the services performed on the vehicle.

  (d)   Except as otherwise provided herein, no registrant or his employee shall perform any motor vehicle repair or maintenance on the basis of an estimate prepared by other than the registrant or his employee. With respect to the performance of repairs or maintenance on the basis of estimates prepared by third parties, registrants shall have the responsibility to exercise their independent judgment regarding the nature and the scope of the work to be performed and the parts, materials and labor involved in making such repairs. Nothing herein shall be construed to prohibit a registrant from adopting, accepting or incorporating a third party's estimate into its own estimate for any repair work, by endorsing such third party estimate in writing with the words "adopted," "accepted," "incorporated" or with words of similar import; provided, that the registrant, in so doing, acknowledges in writing that its own opinion coincides with that of the estimate adopted or incorporated from the third party; and further provided, that the registrant incorporates any additional information necessary to assure that the registrant's estimate complies with the provisions of this chapter.

**Sec. 31A-11. Repair and maintenance records; detailed invoice required.**

  (a)   All repair and maintenance work done by any registrant or his employees shall be recorded on an invoice detailing and describing all services or work performed and all parts supplied and the exact charge for each such part or service, except where the total charge is less than fifteen dollars ($15.00).

    (1)   Invoices shall state the name and address of the owner of the motor vehicle and the year, make, tag number and odometer reading.

    (2)   Invoices shall specify if any used or rebuilt parts are supplied and, if used, such parts shall be clearly identified and such fact shall be clearly stated.

    (3)   Invoices shall include the parts number of all parts replaced or installed. Except where parts have a warranty of ninety (90) days or more, invoices shall include the brand name and parts number of all parts replaced or installed.

    (4)   No miscellaneous designations, such as shop materials or shop supplies, may be used, unless the consumer is given reasonable notice at the time he brings his vehicle in for service of the method of computation of this charge. It shall be prima facie evidence that such notice has been given if there is posted, in a conspicuous place at the point where vehicles are normally received for repair, a sign stating that such charge shall be made and the method of its computation.

    (5)   If labor is charged by the clock hour, this fact shall be disclosed on the invoice and labor shall be itemized and the time spent on each service and the labor cost of each such service shall be stated along with the total time and total labor charges.

    (6)   If labor is charged by the flat rate manual or any flat rate measure, this fact shall be disclosed.

    (7)   The final invoice shall contain the name, initials or number of the mechanic or mechanics, the registration number of the shop, as well as a statement that the repairs charged for were needed and were performed. A statement that repairs were needed is not required when repairs are specifically requested by the consumer or approved by the consumer upon recommendation by the shop.

    (8)   The final invoice shall be signed by the registrant, shop manager or his designee who shall verify that the motor vehicle has been tested or test driven when needed and that in his opinion the mechanic's work was performed satisfactorily. The consumer may specifically waive in writing the requirement to test drive the vehicle.

    (9)   Every final invoice or work order shall contain the customer's instructions or descriptions of symptoms regarding his vehicle's needs and the shop's diagnosis of the problem or problems and shall specify any express warranty of parts or workmanship.

  (b)   One (1) copy of the invoice shall be given to the consumer and one (1) copy shall be retained by the registrant or business establishment for a period of at least one (1) year.

**Sec. 31A-12. Notification of completion date.**

  Upon request, any registrant or his employee shall give to a requesting consumer an estimated completion date for repairs or maintenance, in writing, or disclose in writing that a completion date is undeterminable. An automotive repair facility shall not incur any liability for breach of the written estimated completion date for a repair if such delay is caused by an act of God, strike, unexpected illness or unexpected shortage of labor or parts.

**Sec. 31A-13. Return of replaced parts.**

  The automotive repair facility shall return replaced parts to the customer except parts required to be returned to the manufacturer or distributor under a warranty agreement or parts disposed of with the oral or written consent of the customer.

**Sec. 31A-14. Posting of notice to consumers.**

  (a)   All business establishments which engage in motor vehicle repair or maintenance shall give reasonable notice of the consumer's right to a written estimate. It shall be prima facie evidence of such notice if there is posted in a conspicuous place at the point where vehicles are normally received for repair, a sign two (2) feet by three (3) feet stating: "Under the provisions of the Montgomery County Code, all customers are entitled to a written estimate upon request before repair work over $25 is begun and this business must comply with that law."

  (b)   Each business establishment engaged in the business of motor vehicle repair or maintenance shall give reasonable notice of its policy on storage charges. It shall be prima facie evidence of such notice if there is posted in a conspicuous place at the point where vehicles are normally received for repair, a sign stating its storage policy; provided, that no storage charge shall accrue or be due and payable for a period of twenty-four (24) hours from the date of notification to a consumer of the completion of repairs or services, unless otherwise agreed.

### Article III. Towing.

**Sec. 31A-15.  Qualifications.**

  To register as a tower, an applicant must:

  (a)   Certify to the Department that each driver will possess a valid license to drive a towing vehicle.

  (b)   Carry, in addition to any coverage the state requires, a minimum of $25,000 of insurance coverage for losses sustained by any consumer as a result of damage to a vehicle while that vehicle is in the custody and control of the licensee during towing, transport, and storage of the automobile by the licensee. The applicant must submit an insurance policy or other document showing compliance with this subsection to the Department.  The additional insurance required by this subsection may be suspended, increased or decreased under Executive regulations on a showing of availability or nonavailability to licensees of particular types of insurance from the insurance industry or on presentation of facts showing that such insurance is insufficient or greater than necessary to ensure protection of consumers or the public.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 31B. Noise Control.

**Sec. 31B-1. Declaration of policy.**

  (a)    The County Council finds that excessive noise harms public health and welfare and impairs enjoyment of property. The intent of this Chapter is to control noise sources to protect public health and welfare and to allow the peaceful enjoyment of property. This Chapter must be liberally construed to carry out this intent.

  (b)    The Department of Environmental Protection administers this Chapter.

    (1)   The Department must coordinate noise abatement programs of all County agencies, municipalities, and regional agencies.

    (2)   A County agency, municipality in which this Chapter applies, or regional authority subject to County law must not adopt a standard or regulation that is less stringent than this Chapter or any regulation adopted under this Chapter.

    (3)   The Director may form an Interagency Coordinating Committee to assist the Director in coordinating noise control policy. If the Director forms the Committee, the Director must designate an individual to chair the Committee. The members of the Committee should be designated by County, local, and regional agencies that the Director invites to participate.

    (4)   The Department must establish procedures to identify and reduce noise sources when the County plans and issues permits, variances, exemptions, or approvals.

    (5)   The Department should make recommendations to the County Executive, County Council, and Planning Board regarding noise control policy, regulations, enforcement, and noise sensitive areas.

**Sec. 31B-2. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Arts and entertainment activity means a performance of artistic or creative work, such as a play, film, music, or dance, which is readily accessible to the public, whether or not admission is charged.  Arts and entertainment activity includes the time necessary to set up and remove any structure or equipment used in the activity.

  Construction means temporary activities directly associated with site preparation, assembly, erection, repair, alteration, or demolition of structures or roadways.

  dBA means decibels of sound, as determined by the A-weighting network of a sound level meter or by calculation from octave band or one-third octave band data.

  Daytime means the hours from 7 a.m. to 9 p.m. on weekdays and 9 a.m. to 9 p.m. on weekends and holidays.

  Decibel means a unit of measure equal to 10 times the logarithm to the base 10 of the ratio of a particular sound pressure squared to the standard reference pressure squared. For this Chapter, the standard reference pressure is 20 micropascals.

  Department means the Department of Environmental Protection.

  Director means the Director of the Department of Environmental Protection or the Director's authorized designee.

  Enforcement officer means:

    (1)   for a noise originating from any source:

      (A)   an employee or agent of the Department designated by the Director to enforce this Chapter;

      (B)   a police officer; or

      (C)   a person authorized under Section 31B-12(a) to enforce this Chapter;

      (D)   a person authorized by a municipality to enforce this Chapter; or

    (2)   for a noise originating from an animal source, the Director of the Animal Services Division in the Police Department or the Director's authorized designee.

  Impulsive noise means short bursts of a acoustical energy, measured at a receiving property line, characterized by a rapid rise to a maximum pressure followed by a somewhat slower decay, having a duration not greater than one second and a field crest factor of 10 dBA or more. Impulsive noise may include, for example, noise from weapons fire, pile drivers, or punch presses.

  Leaf blower means any portable device designed or intended to blow, vacuum, or move leaves or any other type of unattached debris or material by generating a concentrated stream of air. Leaf blower includes devices or machines that accept vacuum attachments.

  Nighttime means the hours from 9 p.m. to 7 a.m. weekdays and 9 p.m. to 9 a.m. weekends and holidays.

  Noise means sound, created or controlled by human activity, from one or more sources, heard by an individual.

  Noise area means a residential or non-residential noise area:

    (1)   Residential noise area means land in a zone established under Section 2.1.3.A of Chapter 59 for which the owner has not transferred the development rights, or Sections 2.1.3.B, 2.1.3.C, 2.1.3.D, 2.1.3.G, 2.1.3.H.1, or 2.1.3.H.2 of Chapter 59, or by a political subdivision where Chapter 59 does not apply.

    (2)   Non-residential noise area means land within a zone established under Section 2.1.3.A of Chapter 59, for which the owner has transferred the development rights, or Sections 2.1.3.E, 2.1.3.F, 2.1.3.H.3, or 2.1.3.H.4 of Chapter 59, or by a political subdivision where Chapter 59 does not apply.

  Noise disturbance means any noise that is:

    (1)   unpleasant, annoying, offensive, loud, or obnoxious;

    (2)   unusual for the time of day or location where it is produced or heard; or

    (3)   detrimental to the health, comfort, or safety of any individual or to the reasonable enjoyment of property or the lawful conduct of business because of the loudness, duration, or character of the noise.

  Noise sensitive area means land designated by the County Executive as a noise sensitive area under Section 31B-8.

  Noise-suppression plan means a written plan to use the most effective noise-suppression equipment, materials, and methods appropriate and reasonably available for a particular type of construction.

  Person means an individual, group of individuals, corporation, firm, partnership, or voluntary association; or a department, bureau, agency, or instrument of the County or any municipality, or of any other government to the extent allowed by law.

  Prominent discrete tone means a sound, often perceived as a whine or hum, that can be heard distinctly as a single pitch or a set of pitches. A prominent discrete tone exists if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the 2 contiguous one-third octave bands by:

    (1)   5 dB for center frequencies of 500 Hz and above;

    (2)   8 dB for center frequencies between 160 and 400 Hz; or

    (3)   15 dB for center frequencies less than or equal to 125 Hz.

  Qualifying performing arts facility means the outdoor area of a building, outdoor seasonal, temporary, or permanent stage, or other clearly defined outdoor area or space, which is:

    (1)   used for an outdoor arts and entertainment activity; and

    (2)   owned or operated by the County; and

    (3)   so designed by the County Executive in an Executive Order published in the County Register.  The Executive may revoke a designation at any time by publishing an Executive Order revoking the designation in the County Register.

  Receiving property means any real property where people live or work and where noise is heard, including an apartment, condominium unit, or cooperative building unit.

  Sound means an auditory sensation evoked by the oscillation of air pressure.

  Source means any person, installation, device, or animal causing or contributing to noise.

**Sec. 31B-3. Regulations.**

  The County Executive may establish noise control regulations and standards as necessary to accomplish the purposes and intent of this Chapter. Any regulation must be at least as stringent as this Chapter. The Executive by regulation may set fees that are sufficient to offset the costs of Department reviews or other actions required or authorized by this Chapter.

**Sec. 31B-4. Noise control advisory board.**

  (a)   A Noise Control Advisory Board must advise the County Executive, Director, County Council, and Planning Board on noise control issues, including administration and enforcement of this Chapter.

  (b)   The Board consists of 11 members appointed by the Executive and confirmed by the Council.

  (c)   The Board must elect one member as Chair and another member as Vice-Chair to serve at the pleasure of the Board. The Board must meet at the call of the chairperson as required to perform its duties, but not less than once each quarter. A majority of the members of the Board constitutes a quorum for transacting business. The Board may act by a majority vote of those present.

  (d)   At least every third year, the Board must evaluate the effectiveness of the County's noise control program and recommend any improvements to the Director, County Executive, County Council, and Planning Board.

  (e)    No later than March 1 each year, the Chair of the Board must report to the Director, County Executive, County Council, and Planning Board on activities and actions the Noise Control Advisory Board took during the previous calendar year.

  (f)   Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  Sec. 2. Transition.

  (a)   The terms of the 4 members of the Noise Control Advisory Board added by this Act end:

    (1)   for 1 member, on September 30, 1999, and every third year thereafter;

    (2)   for 2 members, on September 30, 2000, and every third year thereafter; and

    (3)   for 1 member, on September 30, 2001, and every third year thereafter.

  (b)   When appointing the first individual to serve in one of the 4 new positions, the County Executive must designate the term in subsection (a) for which the Executive is appointing the individual.

  (c)   This Act does not affect the term of any current member of the Board.

**Sec. 31B-5. Noise level and noise disturbance violations.**

  (a)   Maximum allowable noise levels.

    (1)   Except as otherwise provided in Sections 31B-6(a), 31B-6A, and 31B-8, a person must not cause or permit noise levels that exceed the following levels:

Maximum Allowable Noise Levels (dBA) for Receiving Noise Areas
 | Daytime | Nighttime
Non-residential noise area | 67 | 62
Residential noise area | 65 | 55

    (2)   A person must not cause or permit the emission of a prominent discrete tone or impulsive noise that exceeds a level, at the location on a receiving property where noise from the source is greatest, that is 5 dBA lower than the level set in paragraph (1) for the applicable noise area and time.

    (3)   Sound that crosses between residential and non-residential noise areas must not exceed the levels set in paragraph (1) for residential noise areas.

  (b)   Noise disturbance. A person must not cause or permit noise that creates a noise disturbance.

  (c)   Examples. The following examples illustrate common noise-producing acts that violate this section if they exceed the noise level standards set in subsection (a) or create a noise disturbance. The examples are illustrative only and do not limit or expand the noise level or noise disturbance standards of this section:

    (1)   Sounding a horn or other signaling device on any motor vehicle on private property except:

      (A)   in an emergency; or

      (B)   as a danger warning signal during daytime hours if the device complies with noise level limits.

    (2)   Operating a sound-producing device on public streets for commercial advertising or to attract public attention.

    (3)   Selling anything by outcry.

    (4)   Loading, unloading, opening, closing or otherwise handling containers, building materials, construction equipment, or similar objects.

    (5)   Operating a device that produces, reproduces, or amplifies sound.

    (6)   Allowing an animal to create a noise disturbance.

    (7)   Operating power equipment mounted on a motor vehicle or operating other devices powered by a generator or a motor vehicle.

**Sec. 31B-6. Noise level and noise disturbance standards for construction.**

  (a)   Maximum allowable noise levels for construction.

    (1)   A person must not cause or permit noise levels from construction activity that exceed the following levels:

      (A)   From 7 a.m. to 5 p.m. weekdays:

        (i)   75 dBA if the Department has not approved a noise-suppression plan for the activity; or

        (ii)   85 dBA if the Department has approved a noise-suppression plan for the activity.

      (B)   The level specified in Section 31B-5 at all other times.

    (2)   Construction noise levels must be measured at the location, at least 50 feet from the source, on a receiving property where noise from the source is greatest.

    (3)   The Department must by regulation establish requirements for noise-suppression plans and adopt procedures for evaluating and approving plans. The regulations must provide that, at least 10 days before approving a noise-suppression plan, the Director must provide public notice reasonably calculated to reach at least a majority of households that might be affected by the construction activity noise levels above 75 dBA.

  (b)   Construction noise disturbance. The prohibition on noise disturbance in Section 31B- 5(b) applies to construction activities, notwithstanding subsection (a).

  (c)   Examples. The following examples illustrate common construction noise-producing acts that violate this section if they exceed the noise level standards set in subsection (a) or create a noise disturbance. The examples are illustrative only and do not limit or expand the construction noise level or noise disturbance standards of this section:

    (1)   Delivering materials or equipment, or loading or unloading during nighttime hours in a residential noise area.

    (2)   Operating construction equipment with audible back-up warning devices during nighttime hours.

**Sec. 31B-6A. Seasonal noise level standard for qualifying outdoor arts and entertainment activities.**

  (a)   Each outdoor arts and entertainment activity held at a qualifying performing arts facility must not exceed the following noise decibel limits:

    (1)   from 11 a.m. to 11 p.m. during April 1 through October 31, 75 dBA, as measured on the receiving property; and

    (2)   at all other times, the maximum allowable noise level set in Section 31B-5.

  (b)   A qualifying performing arts facility which has complied with this Section must not cause or permit noise levels from an outdoor arts and entertainment activity to exceed the standards in subsection (a).

  (c)   Any outdoor arts and entertainment activity conducted at a qualifying performing arts facility which has complied with this Section must not be cited as causing a noise disturbance.

  (d)   The Department must annually advise the Executive and Council, and the operator of each qualifying perming arts facility, whether the noise levels specified in this Section remain appropriate for that facility and the extent of compliance with those levels.

**Sec. 31B-7. Measurement of sound.**

  (a)   The Department must issue regulations establishing the equipment and techniques it will use to measure sound levels. The Department may rely on currently accepted standards of recognized organizations, including the American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), and the United States Environmental Protection Agency.

  (b)   For multiple sources of sound, the Department may measure sound levels at any point to determine the source of a noise.

**Sec. 31B-8. Noise sensitive areas.**

  (a)   The County Executive may designate by regulation land within any geographical area as a noise sensitive area to protect public health, safety, and welfare. The regulation may prohibit certain noise producing activities in the noise sensitive area.

  (b)   A regulation under subsection (a) must:

    (1)   describe the area by reference to named streets or other geographic features;

    (2)   explain the reasons for the designation;

    (3)   establish specific noise limits or requirements that apply in the noise sensitive area; and

    (4)   describe by example or enumeration activities or sources that violate the limits or requirements.

  (c)   A regulation under subsection (a) may establish limits or requirements for a noise sensitive area that are more stringent than those that otherwise would apply to the area under this Chapter.

**Sec. 31B-9. Leaf removal equipment.**

  (a)   Except as provided in this section, a person must not sell, buy, offer for sale, or use a leaf blower at any time that has an average sound level exceeding 70 dBA at a distance of 50 feet. This requirement is in addition to any other noise level or noise disturbance standard that applies under this Chapter.

  (b)   An individual who owns or occupies a residence in a residential noise area may use at the individual's residence a leaf blower bought or manufactured before July 1, 1990, until July 1, 1998, even if it exceeds the standard in subsection (a). After July 1, 1998, a person must not use any leaf blower that violates the standard in subsection (a).

  (c)   The Department must apply the standard in subsection (a) in accordance with the most current leaf blower testing standard of the American National Standards Institute (ANSI).

  (d)   The Department may inspect, and at its request a person must produce, any leaf blower that is sold, offered for sale, or used in the County, to determine whether the leaf blower complies with this section. A person who relies in good faith on a manufacturer's written representation of the sound level of a leaf blower that has not been modified is not subject to a penalty for violating this section.

  (e)   Sale of combustion leaf removal equipment – prohibited. A person must not sell or offer for sale a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum.

  (f)   Use of combustion leaf removal equipment – prohibited. A person must not use a combustion engine-powered handheld, backpack, or walk-behind leaf blower or leaf vacuum.

  (g)   Reimbursement. Subject to an appropriation by the County Council, the Director must establish a time-limited program based on criteria set by regulation to partially reimburse County residents and businesses that purchase electric leaf blowers or leaf vacuums.

  (h)   Application for reimbursement. To receive reimbursement under subsection (g), an applicant must apply to the Director in a form prescribed by the Director.

  (i)   Regulations. Not later than March 30, 2024, the County Executive must transmit to the Council Method (1) regulations to establish the reimbursement program under subsection (g).

  (j)   Complaint and enforcement procedures. An enforcement officer may issue a civil citation under this Section if:

    (1)   the Director receives a complaint from at least one witness of a noise disturbance in violation of subsection (f); and

    (2)   the complaint was received by the Director within 7 days of the alleged violation.

  (k)   Annual reporting. By February 1 of each year, the Director must submit to the Council an annual report for the preceding year on the successes or challenges of the reimbursement program, outreach activities, statistical data related to enforcement, new technology trends for electrification of lawn care equipment, and any recommended changes to the law or operating budget. The Council may request the Director to provide additional information, as needed.

**Sec. 31B-10. Exemptions.**

  (a)   This Chapter does not apply to:

    (1)   agricultural field machinery used and maintained in accordance with the manufacturer's specifications;

    (2)   emergency operations by fire and rescue services, police agencies, or public utilities and their contractors;

    (3)   a source or condition expressly subject to any State or federal noise-control law or regulation that is more stringent than this Chapter;

    (4)   sound, not electronically amplified, created between 7 a.m. and 11 p.m. by sports, amusements, or entertainment events or other public gatherings operating according to the requirements of the appropriate permit or licensing authority. This includes athletic contests, carnivals, fairgrounds, parades, band and orchestra activities, and public celebrations.

  (b)   The County Executive may issue regulations exempting from Section 31B-5 sources associated with routine residential living during daytime hours, such as home workshops, power tools, and power lawn and garden equipment, when used in accordance with manufacturer specifications. This exception does not apply to repairs or maintenance on a motor vehicle that is not registered for use on public roads.

  (c)   Section 31B-9 of this Chapter does not apply to agricultural producers located on agriculturally assessed properties where farming or agricultural use and activities are permitted under Article 59, Section 3.2.6 of the Zoning Ordinance.

**Sec. 31B-11. Waivers.**

  (a)   Temporary waiver.

    (1)   The Director may waive any part of this Chapter for a temporary event if the noise the event will create or cause in excess of the limits established under this Chapter is offset by the benefits of the event to the public.

    (2)   When the Director receives an application under this subsection, the Director must provide public notice of the application reasonably calculated to reach at least a majority of households that might be affected by noise levels anticipated for the event. The Director must not approve an application under this subsection less than 10 days after the public notice.

  (b)   General waiver.

    (1)   The Director may waive any part of this Chapter if the Director determines that compliance in a particular case is not practical and would impose undue hardship.

    (2)   When the Director receives an application under this subsection, the Director must schedule a hearing on the application within 60 days.

    (3)   At least 30 days before the hearing, the applicant must advertise the hearing by:

      (A)   placing a display advertisement in a newspaper of general circulation in the community where the source that is the subject of the application is located; and

      (B)   posting a sign at the location of the source.

    (4)   Based on evidence presented at the hearing, the Director may grant a waiver for up to 3 years, under terms and conditions appropriate to reduce the impact of the exception.

    (5)   The Director may renew a waiver granted under this subsection if the applicant shows that the circumstances supporting the original waiver have not changed.

  (c)   Violation of waiver. The Director may suspend, modify, or revoke a waiver granted under this section if a person violates the terms or conditions of the waiver.

  (d)   Regulations and fees. The County Executive must issue regulations implementing this section that:

    (1)   set the procedures and fees to apply for a waiver under subsections (a) or (b);

    (2)   require the applicant to use the best technology and strategy reasonably available to mitigate noise, as determined by the Director;

    (3)   allow temporary waivers under subsection (a) of no more than 30 days, renewable at the discretion of the Director no more than twice; and

    (4)   specify the requirements for the hearing advertisement and sign required under subsection (b)(3).

**Sec. 31B-12. Enforcement and penalties.**

  (a)   The Department must enforce this Chapter. The County Executive may delegate in writing the authority to enforce parts of this Chapter to the Police Department or any other Executive agency.

  (b)   A violation of this Chapter is a Class A violation. Each day a violation continues is a separate offense. A violation of Section 31B-6 is a separate offense in addition to any other violation of this Chapter arising from the same act or occurrence.

  (c)   The Department may seek injunctive or other appropriate judicial relief to stop or prevent continuing violations of this Chapter.

  (d)   If the Director finds that a person has violated this Chapter, the Director may issue a notice of violation and corrective order to the person. The notice must contain the following information:

    (1)   the section of this Chapter that the person violated;

    (2)   the date, nature, and extent of the violation;

    (3)   the action required to correct the violation;

    (4)   if the Director requires a compliance plan, the deadline for submitting the plan to the Director; and

    (5)   the deadline for compliance.

  (e)   The compliance plan referred to in subsection (d)(4) must establish a schedule for achieving compliance with this Chapter, as specified in the corrective order. A compliance plan, and amendments to a plan, are not effective until the Director approves the plan or amendment. An action allowed under an approved compliance plan does not violate this Chapter.

  (f)   Except as provided in Section 31B-9(j), an enforcement officer may issue a civil citation for any violation of this Chapter if the enforcement officer:

    (1)   witnesses the violation; or

    (2)   receives complaints from at least 2 witnesses of a noise disturbance.

Complaints by 2 witnesses are required to issue a citation under paragraph (2), but are not required to prove that a person violated this Chapter.

  (g)   The Executive Director of the Office of Animal Services may initiate administrative action before the Animal Matters Hearing Board instead of an enforcement officer issuing a citation under subsection (f) for a violation of this Chapter originating from an animal source.

  (h)   A person aggrieved by any action or order of the Director under Sections 31B-9 and 31B-11 may seek reconsideration within 10 days after the date of the action or order. A request for reconsideration must be in writing to the Director, and must specify the date and nature of the action or order, the injury sustained, the remedy requested, and the legal basis for the remedy. If the Director finds that there are material facts in dispute, the Director may refer the matter to a hearing officer under the procedures specified in Chapter 2A. If the Director finds that there are no material facts in dispute, the Director must make a final decision on the request for reconsideration in writing within 45 days after receiving the request. The aggrieved person may appeal from the Director's final decision within 30 days after the Director issues the decision, as provided in Section 2A-11.

  (i)

    (1)   A person responsible for a violation of Section 31B-6 and the person responsible for the management or supervision of the construction site where the source of the violation is located are jointly and severally liable for the violation.

    (2)   For recurring violations of Section 31B-6 on the same construction site, in addition to any other penalty under this Chapter, the Director may issue a stop work order, as provided in Section 8-20, for up to:

      (A)   3 consecutive working days for a second violation within 30 days after the first violation;

    (B)   5 consecutive working days for a third violation within 60 days after the first violation; and

    (C)   7 working days per offense for the fourth and subsequent violations within a 120-day period.

    (3)   This Chapter does not limit the Director's authority under Chapter 8 to revoke a permit or approval issued under that Chapter.

  (j)   Any person aggrieved by a violation of this Chapter may file a civil action in any court with jurisdiction against a person responsible for the alleged violation. The aggrieved person must notify the alleged violator and the Director of the alleged violation at least 60 days before filing the action. A person must not file an action under this subsection if the County Attorney has filed a civil action against the same alleged violator regarding the same violation.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 31C. NEW HOME BUILDER AND SELLER REGISTRATION AND WARRANTY.

**Sec. 31C-1. Definitions.**

  In this Chapter, the following words have the meanings indicated:

  Board means the Board for Registration of Building Contractors.

  Consumer means a consumer as defined in Chapter 11 or a contract purchaser of a new home for use as a personal family residence or rental.

  Contract purchaser means a person who has entered into a contract with a new home builder or a new home seller to purchase a new home, but who has not yet settled on the purchase of the new home.

  Director means the Director of the Office of Consumer Protection or the Director’s designee.

  Homeowner or owner means:

  (1)   any person for whom a new home is built or to whom a new home is sold for residential occupation; and

  (2)   the successors of that person in title to the home or mortgage in possession;

  Homeowner does not mean:

  (1)   any development company, association, or subsidiary company of the builder; or

  (2)   a person to whom the home may be conveyed by the builder for any purpose other than use by that person.

  Load-bearing portions of the home means:

  (1)   foundation system and footings;

  (2)   beams;

  (3)   girders;

  (4)   lintels;

  (5)   columns;

  (6)   walls and partitions;

  (7)   floor systems; and

  (8)   roof framing systems.

  Major structural defect means any actual damage to load-bearing portions of the home that:

  (1)   affects its load-bearing function; and

  (2)   vitally affects or is immediately likely to vitally affect use of the home for residential purposes.

  Major structural defect includes damage due to subsidence, expansion, or lateral movement of the soil. Major structural defect does not include damage caused by movement of the soil caused by flood or earthquake.

  Maryland Home Builder Guaranty Fund means the Home Builder Guaranty Fund in Title 4.5 of the Business Regulation Article of the Maryland Code.

  New home means a newly constructed residential dwelling unit and the fixtures and structure that are made a part of a newly constructed private dwelling unit at the time of construction. New home includes any detached house, custom home as defined in Section 10-501 of the Real Property Article of the Maryland Code, townhouse, modular home, condominium unit, or cooperative apartment.

  New home builder or builder means any person:

  (1)   that is engaged in the business of erecting, constructing, or otherwise creating a new home;

  (2)   to whom a completed new home is conveyed for resale in the course of the business of the person;

  (3)   that undertakes to sell a new home in Montgomery County;

  (4)   that applies for a building permit to construct a new home in Montgomery County;

  (5)   that is engaged as a general contractor in the business of erecting, constructing, or otherwise creating a new home; or

  (6)   that enters into a contract with a contract purchaser under which the seller agrees to provide the contract purchaser with a new home.

  New home builder does not include:

  (1)   a subcontractor or other vendor hired by a new home builder or a consumer to perform services or supply materials for the construction of a new home if the subcontractor or vendor does not otherwise meet the requirements of this Chapter;

  (2)   the manufacturer of a residential mobile home, unless the manufacturer also installs the mobile home;

  (3)   a real estate developer who does not construct or enter into contracts with a consumer to sell or construct new homes;

  (4)   a financial institution that lends funds for the construction or purchase of residential dwellings in Montgomery County;

  (5)   a buyer’s agent when representing a prospective buyer in the purchase of a new home; or

  (6)   a person who is conducting a foreclosure sale.

  New home seller or seller means a person that:

  (1)   has legal title to the property on which the new home is constructed; and

  (2)   is the person listed on the sales contract with the contract purchaser to whom the property and new home are being sold and conveyed.

  New home seller includes a corporation, limited liability company, or trust.

  Office means the Office of Consumer Protection.

  Person has the same meaning as in Section 1-302.

  Warranty date means the first day that the homeowner occupies or settles on the new home, whichever first occurs.

**Sec. 31C-2. Applicability of Chapter.**

  (a)   This Chapter applies only to construction work under the building code and laws of the County and State.

  (b)   This Chapter does not apply to a person who constructs a building that is to be occupied as a personal residence for use of that person, if the person:

    (1)   receives a waiver from the Office to apply for and obtain any permits from the Montgomery County Department of Permitting Services to construct a new home without being registered as a new home builder or a new home seller;

    (2)   signs a statement affirming that any permits issued by the Department of Permitting Services are issued solely for the purpose of that person performing work on that person’s own property; and

    (3)   signs a statement that the work for which the permit is issued is for that person.

**Sec. 31C-3. Compliance with building code generally; building permits.**

  (a)   Compliance with building code. This Chapter does not exempt any construction work in the County from the requirement that it comply with the building code.

  (b)   Building permits. The Department of Permitting Services must not issue any building permit for a residence to any new home builder or new home seller who is not registered with the Office under this Chapter.

  (c)   Certificate of inspection. A new home builder and new home seller must provide to a contract purchaser at the time of occupancy or settlement, whichever first occurs, a statement signed by the builder and seller, that all County-required inspections have been performed.

**Sec. 31C-4. Board of registration.**

  (a)   Appointment of Board.

    (1)   There is a Board of Registration.

    (2)   The Board consists of 5 members appointed by the County Executive and confirmed by the County Council.

    (3)   No more than 2 members of the Board may be active in the residential construction field at the time of their appointment.

  (b)   Term. The term for each member is 3 years. A vacancy is filled for the remainder of the unexpired term. Unless a member is removed for good cause, each member holds office until the term of the member expires or a successor is appointed and confirmed.

  (c)   The Director may designate up to 2 Office employees as ex officio, nonvoting members to promote coordination with the Office’s activities.

  (d)   Operation of the Board; powers and duties of the Board.

    (1)   The Board must elect from its members a chairperson, vice-chairperson, and any other officers it deems necessary.

    (2)   The Board must:

      (A)   make recommendations to the Director whether a registration applicant, including a renewal applicant, should be registered with the Office;

      (B)   put its recommendations in writing; and

      (C)   by July 1 each year, submit an annual report of its proceedings to the Director.

  (e)   The County Attorney or the County Attorney’s designee serves as counsel to the Board.

  (f)   Board members do not receive compensation for serving on the Board.

**Sec. 31C-5. Registration process; fees.**

  (a)   Registration required. A new home builder or a new home seller must not engage, or offer to engage, in the business of constructing, selling, or advertising a new home for sale or act in the capacity of a building contractor in the County unless the builder or seller are first registered by the Office.

  (b)   Application. Each application for registration must be on a form the Director requires and:

    (1)   provide information as to character, references, experience, education, and training in or related to erecting, constructing, or otherwise creating a new home or selling a new home;

    (2)   require that the applicant agree to provide the warranty required in Section 31C-8; and

    (3)   include any additional information required by regulation.

  (c)   Fees.

    (1)   Each application must be accompanied by an application fee.

    (2)   Any application fee paid is not refundable.

  (d)   Board recommendation. Within 60 days after receiving a completed registration application, the Board must recommend to the Director whether:

    (1)   the applicant is qualified to comply with the building code and laws of the County and State, and to fully perform new home building and new home sales contracts; and

    (2)   the applicant should be registered or receive a conditional registration that stipulates specific requirements to which the applicant must comply before the applicant’s registration can be fully recommended to the Director.

  (e)   Director decision.

    (1)   Within 75 days after receiving a completed application, the Director must notify the applicant of the Board’s recommendation and the Director’s final action regarding registration, conditional registration, or denial of registration. If the Director fails to notify the applicant within 75 days of submission, the application is deemed approved.

    (2)   If the applicant is denied registration approval, the Director must send the applicant written notification of the denial and the reasons for the denial.

    (3)   The Director must not approve a registration for a builder or seller who has or had any legal interest in a previously licensed firm who has or had a license or registration revoked or suspended for any reason listed in Section 31C-9.

  (f)   Expiration of license. Unless renewed under the procedures in Section 31C-6, a registration expires on the second anniversary of its effective date. Once a registration expires, it cannot be renewed. The former registrant must submit a new application for registration.

  (g)   Amendment. A new home builder or a new home seller must amend the registration within 30 days of any material change in the information provided in the most recent application or amendment.

**Sec. 31C-6. Registration Renewal.**

  (a)   A registered new home builder or new home seller may apply to renew their registration before the current registration expires by:

    (1)   submitting a completed renewal application;

    (2)   paying the required renewal fee; and

    (3)   making a payment to the Maryland Home Builder Guaranty Fund as required under State law.

  (b)   At least 60 days before a new home builder or new home seller registration is set to expire, the Office must send written notification to the registrant. This notice must contain:

    (1)   a renewal application form or online link to the renewal form;

    (2)   the date on which the current registration expires;

    (3)   the date by which the Office must receive the renewal application; and

    (4)   information regarding the required fees associated with the renewal.

  (c)   A registrant must submit a completed renewal application to the Office no later than 30 days before the registration is set to expire.

  (d)   The Director may request that the Board review any renewal application to ensure the applicant continues to meet the criteria in Section 31C-5.

  (e)   By the date on which a registration is set to expire, the Director must send the applicant written notification of the Board’s recommendation, if any, and the Director’s final action regarding renewal of a registration. If the Director fails to notify the applicant by this date, the renewal application is deemed approved.

  (f)   If the applicant is denied registration approval, the Director must send the applicant written notification of the denial and the reasons for the denial.

  (g)   A renewal registration is valid for 2 years.

**Sec. 31C-7. Enforceability of contracts.**

  A contract for the performance of any act for which a home builder registration is required is void unless the home builder was registered at the time that the contract was signed by the contract purchaser.

**Sec. 31C-8. New home warranty.**

  (a)   Warranty required. As a condition to being registered under this Chapter, a new home builder and a new home seller must give a consumer a written warranty that provides the warranty coverage required by this Chapter no later than the execution of the contract to sell the home.

  (b)   Liability. The new home builder and new home seller must honor the terms of the warranty and cannot discharge this warranty obligation by providing a third-party new home warranty plan to the homeowner.

  (c)   Performance standards.

    (1)   The warranty must include minimum performance standards for the construction and quality of the components of a new home.

    (2)   If specific minimum performance standards are not provided, industry standards for good building practice determine compliance with the new home warranty.

  (d)   Duration of warranty. The new home builder and the new home seller must warrant to the homeowner, and all subsequent homeowners during the warranty period, that:

    (1)   For 1 year, starting on the warranty date, the new home must be free from any defect in materials or workmanship as defined in the minimum performance standards.

    (2)   For 2 years, starting on the warranty date, the new home must be free from any defect in the electrical, plumbing, heating, cooling, ventilating, and mechanical systems.

    (3)   For 5 years, starting on the warranty date, the new home must be free from any major structural defect.

  (e)   Exclusions. The written warranty may exclude:

    (1)   damage to real property which is not part of the home covered by the warranty and which is not included in the purchase price of the home;

    (2)   bodily injury or damage to personal property;

    (3)   any defect in, or caused by, materials or work supplied by anyone other than the builder, or its employees, agents, or subcontractors;

    (4)   any loss or damage which the homeowner has not taken timely action to minimize; and

    (5)   any additional exclusions permitted by Regulation.

  (f)   Statutory warranties. The statutory warranties required by this Chapter are in addition to all other implied or express warranties imposed by law or agreement. Each new home builder or new home seller must disclose the information required by, and otherwise comply with, Sections 10-601 through 10-610 of the Real Property Article of the Maryland Code.

  (g)   Financial security.

    (1)   Before entering into a contract to sell or build a new home, a new home builder or a new home seller must:

      (A)   inform the consumer in writing whether any bond, insurance, or other financial security is responsible for or guarantees the builder’s performance under the warranty required by this Chapter;

      (B)   provide proof of any such bond, insurance, or security to any buyer on request; and

      (C)   include the following notice in the sales contract immediately before the disclosure required by subparagraph (A):

  NOTICE TO BUYER

Montgomery County law does not require this builder to furnish any bond, insurance, or other financial security to guarantee the builder’s performance of its warranty obligations. If a builder has promised you any other bond, insurance, or security to guarantee the performance of its warranty obligations, that bond, insurance, or security must be listed here:

    (2)   The buyer must acknowledge in writing that the buyer has read and understands the notice required under paragraph (1)(C).

    (3)   A new home builder or new home seller may be required to post a bond if the Director determines that the builder constructed and sold a home without being registered.

**Sec. 31C-9. Complaints, investigations, and administrative hearings.**

  (a)   Complaint. A consumer or homeowner may file a written complaint with the Director. A complaint should state the name and address of the builder or seller alleged to have committed a violation of this Chapter, describe the violation, and provide any other information that the Office requires. The Director may act on a complaint that is not complete.

  (b)   Investigation. The Office may:

    (1)   investigate any complaint made against any person who is operating as a new home builder or new home seller and who is or should be registered under this Chapter;

    (2)   investigate any potential violation of and enforce this Chapter without receiving a complaint;

    (3)   hold hearings or refer any matter to a hearing officer designated by the Chief Administrative Officer for an administrative hearing;

    (4)   subpoena the attendance of witnesses and documents;

    (5)   administer oaths;

    (6)   require the production of evidence relating to any matter under investigation;

    (7)   inspect relevant books, papers, records, or documents of the builder or seller at the place of business of the builder and seller during business hours; and

    (8)   conduct inspections of new home construction sites and models.

  (c)   Hearing.

    (1)   Before denying, suspending, refusing to renew, or revoking any registration, the Director must afford the builder or seller an opportunity for a hearing before a hearing officer designated by the Chief Administrative Officer for an administrative hearing.

    (2)   After giving a builder or seller the opportunity for a hearing, the Director may deny, suspend, refuse to renew, or revoke the registration of a new home builder or new home seller if the Director finds that the builder or seller:

      (A)   made a misstatement of material fact in the application for registration or renewal;

      (B)   committed fraud or misrepresentation in connection with any building activity conducted under the requirements of this Chapter;

      (C)   committed gross negligence in connection with any building activity conducted under the requirements of this Chapter;

      (D)   violated the building code or laws of the County or State;

      (E)   did not provide the new home warranty required by this Chapter;

      (F)   did not correct or settle a claim arising out of a defect that is covered by the warranty required by this Chapter;

      (G)   did not file an amendment to a registration application within 30 days of any material change in the information provided in the most recent application or amendment;

      (H)   aided, abetted, or knowingly combined or conspired with an unregistered person to evade this Chapter;

      (I)   abandoned or willfully failed to perform, without justification, a contract for construction of a building that is to be used as a residence;

      (J)   willfully deviated from or disregarded plans or specifications in any material way without consent of the consumer or homeowner;

      (K)   did not comply with this Chapter in any material way;

      (L)   diverted funds or property that were received for the completion of a construction project, and used the funds or property for another project, operation, obligation, or purpose, with intent to defraud or deceive creditors or the contract purchaser;

      (M)   served as an officer, Director, owner, member, principal, or stockholder for a builder or seller whose registration was revoked or suspended under this Chapter;

      (N)   engaged in a pattern of unfair or deceptive trade practices in violation of Chapter 11;

      (O)   obtained or attempted to obtain a residential home construction permit by falsely representing that the applicant was seeking a permit to construct a home to be occupied by the applicant as a personal residence;

      (P)   failed to satisfy final judgments or liens in favor of a contract purchaser, homeowner, subcontractor, or government;

      (Q)   engaged in fraud, deception, misrepresentation, or knowing omissions of material facts related to new home building contracts;

      (R)   engaged in a pattern of poor workmanship as evidenced by unresolved building code violations or unsatisfied arbitration awards or judgments in favor of a consumer; or

      (S)   violated a term or condition of a conditional registration.

    (3)   The Director may refer a complaint or a violation to a hearing officer designated by the Chief Administrative Officer for an administrative hearing.

  (d)   Hearings, generally. Any hearing held under this Section must be conducted under the Administrative Procedures Act.

  (e)   Appeals. A person aggrieved by a decision of the hearing examiner or Director to deny, suspend, refuse to renew, or revoke a registration may seek judicial review of the decision in the Circuit Court under the applicable Maryland Rules of Procedure governing judicial review of administrative agency decisions. A party aggrieved by the decision of the Circuit Court may appeal that decision to the Court of Special Appeals.

**Sec. 31C-10. Violations and penalties.**

  Any violation of this Chapter is a Class A violation.

**Sec. 31C-11. Administration; regulations.**

  (a)   The Director administers and enforces this Chapter.

  (b)   The Executive must adopt Method (2) regulations to implement this Chapter. The regulations must:

    (1)   set one or more fees appropriate to cover the cost of administering this Chapter;

    (2)   provide for the form and content of the warranty required by Section 31C-8;

    (3)   set forth the terms of the warranty required by Section 31C-8;

    (4)   describe other allowable warranty exclusions the Executive deems necessary;

    (5)   include standards under which a person may receive a waiver under Section 31C-2; and

    (6)   include standards by which a person may be deemed qualified to comply with County and State law, as required in Section 31C-5.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 32. Offenses-Victim Advocate.

### Article I. Offenses.

**Sec. 32-1. Abandoned, etc., personal property-Removal and disposition.**

  Whenever any readily movable property of any kind, such as, but not limited to, furniture, appliances, personal effects, etc., shall be abandoned or left in violation of any law, ordinance or order on public or private premises, it may be removed by the county executive or whomever he may designate. Such property shall be dealt with as in the case of abandoned, unattended, junked or wrecked vehicles, as provided in sections 31-63 to 31-65 of this Code.

**Sec. 32-2. Coal or coke-Definition of "person."**

  For the purpose of the following section, the term "person" shall be construed to include individuals, corporations, partnerships and associations and, his, her, or its agents, officers, servants and employees delivering, selling or offering for sale coal or coke.  (Mont. co. code 1965, § 16-1; 1935, ch. 389, § 187A.)

**Sec. 32-3.  Same-Weighing required, tickets; exception.**

  It shall be unlawful for any person to deliver, sell or offer for sale any load of coal or coke in the county without a ticket or card which shall indicate on its face in plain characters the vendor’s name, the date and the weight of such coal or coke, the kind of coal or coke, the name of the purchaser, vendee or consignee.  Such coal or coke shall be weighted before delivery and the ticket or card indicating such weight shall be signed by a weigher in the county whose name and address shall be indicated on the ticket or card; provided, that any vendor of coal or coke whose place of business is in the District of Columbia or Prince George’s County, and who delivers coal or coke in the county may have the same weighed in either the District of Columbia or Prince George’s County or in the county.

**Sec. 32-4.  Same-Penalty for violation of section 32-3.**

  The violation of any of the provisions of section 32-3 is hereby declared a misdemeanor to be punishable upon conviction by a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) or imprisonment in jail for not less than five (5) days nor more than thirty (30) days or by both fine and imprisonment in the discretion of the court.

**Sec. 32-5.  False reports to police; penalty.**

  Any person who shall make or cause to be made to any officer or member of the Montgomery County division of police protection a false or fictitious report of the commission of any criminal offense or any other matter which the division of police protection is required by law to investigate, knowing such report to be false or fictitious, shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 32-6.  Food-Outdoor sale regulated.**

  (a)   No person shall exhibit out of doors or under any awning or porch connected with any building, foodstuffs, vegetables or produce for sale within the Montgomery County Suburban District, unless the same shall be elevated not less than two (2) feet above the ground or sidewalk where the same is exhibited.

  (b)   Any person who shall violate any provision of this section shall be subject to punishment for a class C violation as set forth in section 1-19 of chapter 1 of the County Code.  Each day a violation continues to exist shall constitute a separate offense.

**Sec. 32-7.  Fortunetelling.**

  Every person who shall demand or accept any remuneration or gratuity for forecasting or foretelling or for pretending to forecast or foretell the future by cards, palm reading or any other scheme, practice or device shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code; and in any warrant for a violation of the above provisions, it shall be sufficient to allege that the defendant forecast or foretold or pretended to forecast or foretell the future by a certain scheme, practice or device without setting forth the particular scheme, practice or device employed; provided, that this section shall not apply to any benefit performance or part thereof conducted pursuant to section 30-4 of this Code.

**Sec. 32-8.  Handbills-Deposit in vehicles.**

  (a)   The word "handbill," as used in this section, shall include any printed or written matter, circular, dodger, leaflet, pamphlet, paper, booklet, card or other printed or otherwise reproduced original or copy of any matter of literature.

  (b)   It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill or to cause any handbill to be distributed, deposited, placed, thrown, scattered or cast in or upon any automobile or other motor vehicle, whether stationary or moving, occupied or unoccupied, upon any public street, road, highway, parking lot or other property owned, maintained or under the jurisdiction of the county or other governmental agency; provided, that this section shall not apply to or prevent the distribution of any handbill in the manner hereinbefore set forth in or upon any automobile or other motor vehicle with the permission of the owner or occupant thereof having first been obtained and shall not apply to distribution in or upon stationary motor vehicles of religious or political handbills bearing the name or signature of the person or organization authorizing such distribution.

  (c)   The appearance of the name of each person, firm or association on any handbill distributed as set forth in subsection (b) hereof, shall be deemed prima facie evidence that such person, firm or association expressly or impliedly authorized such distribution.

  (d)   The violation of any of the provisions of this section shall be punished as a class B violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 32-9.  Flammable liquids-Storing, parking tank vehicles, etc., on streets.**

  It shall be unlawful for any person to store or accumulate for the purpose of sale or otherwise any gasoline, kerosene or other flammable fluid of known dangerous character on any tank wagon or other vehicle containing barrels, drums, cans or other receptacles for the storage of such fluids, and to park or maintain the same on any street, roadway, parking or land thereto adjoining within the Montgomery County Suburban District for the purpose of sale and distribution of the gasoline, kerosene or other flammable fluid.

**Sec. 32-10.  Same-Supplying motor vehicles on streets, vacant lots, etc.**

  It shall be unlawful for any person to supply or permit to be supplied with gasoline, kerosene or other flammable fluid of known dangerous character, any motor vehicle or other mechanism powered by an internal combustion engine of which the gasoline, kerosene or other flammable fluid shall be the fuel, on the roadway, sidewalk or parking of any street, avenue or road, or in or on any alley or public driveway, or in any vacant lot or plot of ground adjoining the roadway, sidewalk or parking of any street, avenue or road, or any alley or public driveway within the Montgomery County Suburban District, except in case of an emergency.

**Sec. 32-11.  Same-Penalty for violation of sections 32-9, 32-10.**

  Any person violating any of the provisions of sections 32-9 and 32-10 shall be punished as a class C violation as set forth in section 1-19 of chapter 1 of the County Code.  Each day of storage or each sale violative of such sections shall be deemed to be a separate offense and punishable as such.

**Sec. 32-12.  Injury, etc., to public property; penalty.**

  Any person who shall willfully or maliciously injure or destroy, or cause to be injured or destroyed, any public property of any kind whatsoever, shall be subject to punishment for a class A violation as set forth in section 1-19 of the County Code.

  For the purpose of this section, the term "public property" shall include but shall not be limited to buildings, furniture, fixtures, grounds, streets, highways, alleys, signs, fingerboards, sidewalks, curbs, gutters, storm drainage and other structures located in or on lands owned by the county, or dedicated to the use of the public.

**Sec. 32-12A.  Graffiti.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated.

    (1)   Graffiti means the marks made or objects applied by a person on any real or personal property of another without the consent of the owner, lessee, agent or person in charge, using paint, spray paint, markers, or any other object or substance.

    (2)   Graffiti material means any can, bottle, spray device or other mechanism designed to dispense paint or a similar substance under pressure, any indelible marker with a marking tip of one-quarter inch or more in diameter, and any engraving device.

  (b)   Possession of graffiti material.  A person must not possess graffiti material on public or private property with the intent to violate subsection (c).

  (c)   Graffiti prohibited.  A person must not apply graffiti on any publicly or privately owned surface.

  (d)   Penalty.  Any violation of this Section is a class A violation.

**Sec. 32-13.  Disturbing the public peace or disorderly conduct—Definitions.**

  As used in Sections 32-14 through 32-17, the following terms have the following meanings:

  Place open to the public: Any place where the public is invited or permitted, including:

  (a)   a place of business;

  (b)   a parking lot;

  (c)   a place of worship;

  (d)   a cemetery;

  (e)   a place of amusement; or

  (f)   an elevator, lobby, or hallway.

  Public place:

  (a)   Any public way, including

    (1)   a street, road, or highway;

    (2)   a sidewalk;

    (3)   an alley or land; or

    (4)   a crosswalk.

  (b)   Any public facility, including

    (1)   a park;

    (2)   a playground;

    (3)   a school; or

    (4)   a government building.

  (c)   Any vacant lot or parcel of land.

**Sec. 32-14.  Disturbing the public peace or disorderly conduct—Prohibited conduct.**

  An individual must not at, on, or in a public place or place open to the public:

  (a)   interfere with or hinder the free passage of pedestrian or vehicular traffic; or

  (b)   incite unlawful conduct, by words or intentional conduct, which is likely to produce imminent unlawful conduct.

**Sec. 32-15.  Temporary detention by police officer of an individual suspected of criminal behavior.**

  (a)   A police officer may temporarily detain any individual under circumstances that reasonably indicate that the individual:

    (1)   has engaged in conduct prohibited under Section 32-14;

    (2)   has violated or is violating a condition of parole or probation; or

    (3)   has committed, is committing, or is about to commit a crime.

  (b)   A police officer may detain an individual under this Section only to determine the individual’s identity and the circumstances surrounding suspected criminal behavior.  Any detained individual must truthfully identify himself, but must not be compelled to produce identification or answer any other question from any police officer.

  (c)   An individual must not be detained under this Section longer than is reasonably necessary to achieve the purposes of this Section.  Unless the individual is arrested, the detention must not last longer than 60 minutes or extend beyond the place, or the immediate vicinity of the place, where the individual was first detained.

**Sec. 32-16.   Lawful assembly exempted.**

  Nothing in this article, except section 32-23, prohibits lawful picketing or other lawful assembly.

**Sec. 32-17.   Disturbing the public peace or disorderly conduct—Penalties; Warning.**

  (a)   An individual who violates Section 32-14 or Section 32-15 has committed a Class B violation.

  (b)   An individual must not be charged with a violation of Section 32-14 or Section 32-15 unless the arresting officer has first warned the individual of the violation and the individual has failed or refused to stop the violation.

**Sec. 32-17A. Urination and Defecation in Public.**

  (a)   In this section the words “public place” and “place open to the public” have the meanings stated in Section 32-13.

  (b)   Except as provided in subsection (c), a person must not urinate or defecate, whether or not the act is actually viewed by another person, in:

    (1)   a public place;

    (2)   a place open to the public; or

    (3)   any other place where the person may be seen from a public place or place open to the public.

  (c)   This Section does not prohibit a person from using an enclosed public restroom or other similar facility that is clearly designated for use as a bathroom, toilet, or lavatory.

  (d)   A person who violates this Section has committed a Class A violation.

**Sec. 32-18.  Obscene live conduct.**

  Any individual, partnership, firm, association, corporation or other legal entity who knowingly produces, sponsors, manages, directs, presents, or engages in, performs, or participates in any live obscene conduct, in any public place or in a place exposed to public view, or in any place open to the public or to a segment thereof, in the presence of any other person or persons who have paid a consideration of any type whatsoever, or presented a membership card or other token, to observe the conduct; and any owner, lessee or manager of any premises who knowingly permits the same to be used for any of the activities described above shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.  Each day a violation continues to exist shall constitute a separate offense.

  For the purpose of this section, “obscene live conduct” shall be defined as live conduct, the dominant theme of which, when taken as a whole: (a) Appeals to the prurient interest in sex; (b) is so patently offensive that it affronts contemporary community standards relating to the representation of sexual matters; and (c) lacks serious literary, artistic, political or scientific value.

**Sec. 32-19.  Obscene, indecent or threatening language over telephone; penalty.**

  If any person shall use obscene or indecent language or shall threaten any person with physical harm or shall make indecent proposals to any person by means of the telephone he shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.  Each day a violation continues to exist shall constitute a separate offense.  This section shall apply with respect to any telephone communication either originating or received in the county, or both.

**Sec. 32-19A.  Harassment.**

  (a)   In this Section course of conduct means a persistent pattern of conduct of a series of acts over a period of time that shows a continuity of purpose.

  (b)   A person must not follow another person in or about a public place or intentionally engage in a course of conduct that alarms or seriously annoys another person:

    (1)   with intent to harass, alarm, or annoy the other person; and

    (2)   after reasonable warning or request to desist by or on behalf of the other person.

  (c)   This Section does not apply to any constitutionally protected conduct.

  (d)   A violation of this Section is a Class A violation.  Each day that a person violates this Section is a separate offense.

**Sec. 32-19B.  Aggressive panhandling.**

  (a)   In this Section the following words have the following meanings:

    (1)   Aggressive panhandling means asking for an immediate donation of money or any other thing of value, or attempting to sell any item or service, in an intimidating manner.

    (2)   Intimidating manner means behavior that makes a reasonable person fear harm to his or her person or property.  Such behavior may include:

      (A)   touching the person solicited without the person’s consent;

      (B)   continuously soliciting or following the person solicited after a negative response;

      (C)   directing threatening language toward the person solicited; or

      (D)   interfering with the person’s safe passage.

  (b)   A person must not engage in aggressive panhandling in any place open to the general public for business or other purposes, including any public transportation vehicle.

  (c)   Any violation of this Section is a class B violation.

**Sec. 32-19C.  Disruptive Behavior—Public Facilities**

  (a)   In this Section, the following terms have the following meanings unless the context clearly indicates otherwise:

    (1)   Reviewing authority means the Chief Administrative Officer or an Assistant Chief Administrative Officer.  An enforcement agent must not serve as reviewing authority.

    (2)   Enforcement agent means:

      (A)   a Department Director;

      (B)   a police officer, deputy sheriff, or County security officer;

      (C)   an assistant director, division chief, service chief, or other person in charge of a facility, who is designated by a Department Director; or

      (D)   a designee of the Director of Community Use of Public Facilities.

    (3)   Public facility means any building, grounds, or transit vehicle owned, leased, or used by the County, the Revenue Authority, or the Director of Community Use of Public Facilities.

  (b)   A person must not:

    (1)   act in a manner that a reasonable person would find disrupts the normal functions being carried on at that public facility; or

    (2)   engage in conduct that is specifically prohibited by a notice conspicuously posted at that public facility.  The type of conduct that may be prohibited by a conspicuously posted notice is conduct that is likely to disrupt others’ use of the public facility, or conduct that poses a danger to the person engaging in the conduct or to others.

  (c)   A person must not refuse, after engaging in conduct prohibited by subsection (b) at a public facility, to accurately identify himself or herself when asked to do so by an enforcement agent.

  (d)   If a person engages in conduct prohibited by subsection (b), an enforcement agent may issue and personally deliver a written order to the person that:

    (1)   denies the recipient access to that public facility for a period not exceeding 90 days;

    (2)   prohibits the recipient, if a minor, from entering that public facility without being accompanied by a parent, custodian, or guardian;

    (3)   requires the recipient to receive prior written permission from the enforcement agent or another specified person designated by the Department Director before entering that public facility; or

    (4)   imposes any other reasonable condition intended to assure that normal functions carried on at that public facility are not unreasonably disrupted.

If the public facility is a transit vehicle, any order under this subsection may apply to some or all other transit vehicles.

  (e)   An order issued under subsection (d) must notify the recipient that he or she may meet with a reviewing authority to discuss any reasons why the recipient’s access to the applicable public facility should not be restricted.  The notice must specify the proposed place, date, and time of the meeting.  The meeting must initially be scheduled to be held during the next business day after the order is delivered to the recipient.  At the request of the recipient, the reviewing authority may reschedule the meeting at a later date.  If a meeting is held, the reviewing authority may affirm, modify, suspend, or rescind the order.

  (f)   A person must not violate an order issued under subsection (d).  A person who violates subsections (b) or (c) or an order issued under subsection (d) has committed a Class A violation.

  (g)   The Chief Administrative Officer must report to the Council not later than March 1 each year on the use of this Section during the previous calendar year, including the number of orders issued under subsection (d) by each department or office.

**Sec. 32-19D. Hookah lounge, vape shop, and tobacco shop - hours of operation.**

  (a)   Legislative Findings.

    (1)   The County has a responsibility to address public safety issues in an effective and rapid manner. There has been a rise in certain crimes, including armed robberies, carjackings, drug use, drunk driving, and car rallies, especially in central business districts (CBD) in Montgomery County with heightened risks during the early morning hours.

    (2)   The Montgomery County Police Department have responded to these challenges by deploying more police officers in CBDs; however, the increased police presence during overnight hours has led to significant overtime cost for the Department, reaching tens of thousands of dollars per month with a high point of $70,000 in overtime expenses. In addition, because of the concentration of police officers in CBDs there are also opportunity costs that have led to longer police response times during late nights for incidents outside of the CBD areas.

    (3)   The number of police calls received as a result of late night establishments operating in the downtown Silver Spring area between 2 a.m. and 7 a.m. increased by 16 percent from 2022 to 2023, with the highest overall count of 2,974 service calls when compared to other areas in the County.

  (b)   Definitions. As used in this Section:

    Hookah lounge means any facility, establishment, or place whose business operation, whether as its primary use or as an ancillary use, includes the smoking of tobacco, flavored tobacco, nicotine, or other substances, including vaping liquid, through one or more hookah pipes (also known as a hookah, electronic hookah, waterpipe, shisha or narghile). A hookah lounge may include a hookah bar or hookah cafe.

    Tobacco shop has the same meaning as in Section 24-9 and includes an area or room that allows for onsite smoking of tobacco products or other related substances.

    Vape shop has the same meaning as in Section 24-9 and includes an area or room that allows for onsite smoking of tobacco products or other related substances.

  (c)   Hours of operation - limited. A hookah lounge, tobacco shop, or vape shop may operate:

    (1)   on Monday through Thursday, from 9 a.m. to 2 a.m. the following day;

    (2)   on Friday and Saturday, from 9 a.m. to 3 a.m. the following day; and

    (3)   on Sunday:

      (A)   from 9 a.m. to 2 a.m. the following day; or

      (B)   from 9 a.m. to 3 a.m. the following day, if the federal government has designated the following day as a public holiday.

  (d)   A hookah lounge, tobacco shop, or vape shop that operates outside of the hours permitted under subsection (c) is in violation of this Section.

  (e)   Penalty. A violation of this Section is a Class A violation. Each day a violation occurs is a separate offense.

  (f)   Enforcement.

    (1)   The Executive may, under Method (2), adopt regulations to designate an agency or department for the implementation, administration, and enforcement of this Chapter.

    (2)   The County Attorney may file an action in a court with jurisdiction to enjoin a violation of this Section.

**Sec. 32-20.  Stalking.**

  (a)   In this Section to stalk means to engage in a persistent pattern of conduct which:

    (1)   alarms, annoys, intimidates, frightens, or terrorizes a person; and

    (2)   causes the person to reasonably fear for his or her safety, or that of any third person.

  (b)   A person must not stalk another person.

  (c)   This Section does not apply to any constitutionally protected conduct.

  (d)   A violation of this Section is a Class A violation.  Each day that a person violates this Section is a separate offense.

  (e)   A sentence imposed under this Section may be imposed separate from and consecutive to or concurrent with a sentence for any other offense based upon the act or acts establishing a violation of this Section.

**Sec. 32-20A. Hitchhiking in street or highway.**

  A person must not stand or walk in the main-traveled portion of any public street or highway to solicit a ride from the driver or occupant of any vehicle.  Any violation of this Section is a class C violation.

**Sec. 32-21.  Police-Wearing of uniform by unauthorized person prohibited.**

  It shall be a class C violation as set forth in section 1-19 of chapter 1 of the County Code for any person not a member of the county police to wear the duly prescribed uniform of the county police or any distinctive part of such uniform or a uniform any part of which is similar to a distinctive part of the duly prescribed uniform of the county police.  Each day a violation continues to exist shall constitute a separate offense.

**Sec. 32-22.  Trailers-Connection with sewer system or septic tank required; exception; penalty.**

  (a)   No automobile trailer or other vehicle shall be used as a place of residence within the Montgomery County Suburban District for more than twenty-four (24) hours, exclusive of Sundays, unless such vehicle shall have been connected under proper license to the sewer system of the Washington Suburban Sanitary District or to a septic tank constructed under license of the county board of health; provided, that this section shall not apply to vehicles so occupied within licensed tourist camps within the district.

  (b)   Any owner of property, or lessee thereof, who shall knowingly allow any such vehicle to be so used upon property owned or held as lessee by him, and any person so using any such vehicle shall be subject to punishment for a class C violation as set forth in section 1-19 of chapter 1 of the County Code.  Each day a violation continues to exist shall constitute a separate offense.

**Sec. 32-23.  Picketing a private residence.**

  (a)   A person or group of persons must not picket in front of or adjacent to any private residence.

  (b)   This Section does not prohibit:

    (1)   a person or group of persons from marching in a residential area without stopping at any particular private residence; or

    (2)   picketing at a particular private residence:

      (A)   when that residence is also used for the occupant’s sole place of business; or

      (B)   during a public meeting.

  (c)   As used in this Section:

    (1)"Picket" or "picketing" means to post a person or persons at a particular place to convey a message.

    (2)   A "public meeting" is a gathering:

      (A)   announced in advance to the public or a portion of the public;

      (B)   held to discuss a matter; and

      (C)   attended by at least 3 people who do not reside at the residence where the meeting is held.

  (d)   Section 32-17 applies to any violation of this Section.

**Sec. 32-23A.  Purchase of prostitution.**

  (a)   Findings.

    (1)   Due to its location on the I-95 corridor, low crime rate, and high disposable income, Montgomery County has become a prime location for human trafficking;

    (2)   a significant number of prostitutes working in Montgomery County are victims of human trafficking; and

    (3)   the United States Department of Justice has found strong evidence to support a demand-reduction approach to combatting human trafficking.

  (b)   Definitions.  In this Section, the following terms have the meanings indicated:

    Human trafficking means the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

    Prostitution means the performance of a sexual act, sexual contact, or vaginal intercourse for hire.

    Purchase means to offer or agree to pay money or something of value to another person in return for a service.

    Sexual act has the meaning stated in Md. Criminal Law Art. §3-301, as amended.

    Sexual contact has the meaning stated in Md. Criminal Law Art. §3-301, as amended.

    Vaginal intercourse has the meaning stated in Md. Criminal Law Art. §3-301, as amended.

  (c)   Prohibition.  A person must not purchase prostitution in the County.

  (d)   Enforcement; penalties.

    (1)   A police officer may issue a civil citation or a criminal citation to a person whom the officer reasonably believes has violated this Section.

    (2)   A violation of this Section is a Class A violation.

### Article II. Victim Advocate Program.

**Sec. 32-24.  Program established.**

  (a)   This Section establishes the victim advocate program to assist and support victims of crime.

  (b)   The program is administered by:

    (1)   the County Executive; or

    (2)   a nonprofit community-based service agency.

  (c)   If the Executive contracts with a nonprofit community-based service agency, that agency must:

    (1)   have a proven record in client service and advocacy; and

    (2)   be able to work with the business community to obtain goods and services and financial donations.

**Sec. 32-25.  Services available.**

  (a)   The victim advocate program provides the following types of aid to a crime victim:

    (1)   referral to community and governmental agencies that provide needed services;

    (2)   assistance in negotiating complex governmental systems;

    (3)   assistance in applying for compensation from the State Criminal Injuries Compensation Board, and in dealing with the Board’s investigation and hearing process;

    (4)   compensation for costs incurred by a victim who meets income limits set by regulation for court appearances, claim hearings, and medical (including mental health) treatment;

    (5)   replacement of property lost as a result of a crime and needed for the well-being of the victim, such as eyeglasses, hearing aids, door, windows, or locks of a victim who meets income limits set by regulation; and

    (6)   other services or financial assistance directly related to the effects of the crime on a victim who meets income limits set by regulation.

  (b)

    (1)

      (a)

        (4)

          (a)

            (5)

              (a)

                (6)   The victim advocate program may provide compensation to a victim under subsection (a)(4), replacement property under subsection (a)(5), and other financial assistance under subsection (a)(6) only to the extent that:

      (A)   ccompensation, replacement property, and other financial assistance are not available from insurance, the State victim compensation program, the Partnership Fund for victims of hate violence under Section 27-26, or any other source for the same purpose arising from the same criminal incident;

      (B)   the compensation, replacement property, and other financial assistance do not exceed an amount set by regulation; and

      (C)   appropriated funds are available.

    (2)   Regulations may set different limits for compensation, replacement property, or other financial assistance paid to a crime victim in connection with a single criminal incident.

  (c)   A victim must file a claim for compensation under subsection (a)(4) or for replacement of property under subsection (a)(5) within 90 days after the crime is reported.  The program administrator may waive this deadline if the administrator determines that it was difficult or impossible for the victim to meet the deadline.

  (d)   A limit on compensation under this Section applies separately to each victim of a criminal incident.  Compensation paid to an individual victim in connection with one criminal incident does not count toward the limit on compensation that the program may pay to the same individual in connection with a separate criminal incident.

  (e)

    (1)   A member of a victim’s immediate family or household may receive compensation for mental health services (including services provided by the County) related to the crime.  "Immediate family" means a parent, child, spouse, or sibling of the victim.  The administrator may require reasonable proof that a relationship qualifies under this subsection.

    (2)   Compensation provided under this subsection is subject to the same requirements and limitations as compensation provided to a victim, except that compensation under this subsection must not exceed a percentage of the maximum compensation available (for any purpose) to any victim under regulations referred to in subsection (b).  The percentage is:

      (A)   20 percent, if the member of the family or household meets income limits that apply to a victim; or

      (B)   10 percent, if an authorized person waives the income limit under subsection (f)(2).

  (f)   The Director of Health and Human Services or the Director’s designee at or above the level of the program administrator may waive the income limits referred to in subsections (a)(4), (5), and (6) and (e)(2):

    (1)   if the Director or designee determines that the costs of the crime are likely to reduce the victim’s income below the income limits in the future; or

    (2)   for up to 10 percent of the maximum compensation (for any purpose) otherwise available to a victim, if the Director or designee determines that a waiver would promote the purposes of the Victim Advocate Program.

**Sec. 32-26.  Duties of program administrator.**

  The program administrator must:

  (a)   coordinate services available to a victim;

  (b)   follow up on services provided to a victim;

  (c)   solicit goods, services, and financial donations to assist in the replacement or repair of property of a victim damaged as a result of a crime;

  (d)   make the program more effective by keeping program data and identifying additional services;

  (e)   develop and maintain effective coordination and communication with community and government agencies that provide services to crime victims; and

  (f)   provide information to crime victims and the general public about the compensation and services available through the program.

**Sec. 32-27.  Eligibility.**

  (a)   An individual is eligible for compensation or services under this Article if the individual was a victim of a crime committed in Montgomery County that was reported to an appropriate law enforcement agency within 48 hours after the crime occured or was discovered.  The program administrator may waive this deadline if the administrator determines that it was difficult or impossible to meet this deadline.

  (b)   A resident of the County who was a victim of a crime committed outside the County is eligible for

    (1)   services under this Article to the extent that appropriate services are available; and

    (2)   compensation or property replacement under subsections 32-25(a)(4), (5) if comparable assistance is not available from the jurisdiction where the crime occurred.

**Sec. 32-28. Crime Victim Compensation Fund.**

  (a)   There is a Crime Victim Compensation Fund to compensate victims of crime and provide other financial assistance and services to crime victims.

  (b)   The Fund receives appropriated funds from the County and may receive funds contributed by a private person, other government agency, or any other source.  The County should appropriate additional funds to match every $1 of private contributions with $2 of County funds.  Unused amounts in the Fund at the end of a fiscal year remain available in the Fund for the next fiscal year unless otherwise appropriated.

  (c)   The program administrator must use funds from the Fund to pay compensation and other financial assistance to victims under this Article, and may use up to 10 percent of the Fund to publicize the Fund and solicit private contributions.

**Sec. 32-29. Penalty.**

  Any person who makes a false claim under this Article:

  (a)   has committed a Class A violation; and

  (b)   must reimburse the Crime Victim Compensation Fund for any payments from the Fund that were based on the false claim.

**Sec. 32-30.  Regulations.**

  The County Executive must adopt regulations under method (2) to implement this Article.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 33. Personnel and Human Resources.

### Article I. In General.

**Sec. 33-1. Merit system protection board to have all powers and duties of police civil service commissioner and police trial board.**

  The office of the police civil service commissioner and the police trial board are hereby abolished, and all references in the Code of Public Local Laws of Montgomery County (1947 Edition) to the office of the police civil service commissioner or the police trial board shall henceforth be construed so as to refer to the merit system protection board, and the board shall henceforth have all the powers and duties of the police civil service commissioner and the police trial board, insofar as such powers and duties are prescribed in such Code of Public Local Laws and are consistent with the Montgomery County charter and public general laws.

**Sec. 33-2. Reserved.**

**Sec. 33-3. Continuation and administration of merit system.**

  (a)   The merit system for officers and employees of the county government established pursuant to the charter for Montgomery County, Maryland, 1948, is hereby continued. All officers and employees of the county government, except for those exempted positions specified in section 401 of the charter for Montgomery County, Maryland, 1968, as amended, shall be classified as merit system employees.

  (b)   The merit system shall be administered by the chief administrative officer, under the direction of the county executive, and shall be governed by and subject to the provisions of the charter for Montgomery County, Maryland, 1982, as amended, provisions of this chapter, and the personnel regulations adopted by the county executive under method (1) of section 2A-15 of this Code.

**Sec. 33-4. Salaries of chairman and members of merit system protection board.**

  (a)   In this Section, Consumer Price Index means the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.

  (b)   For members of the Merit System Protection Board appointed after December 31, 2000, the annual salary of the chair is $8,000, adjusted as provided for other members under this Section. The annual salary of the other 2 members is $6,500 adjusted each year on the first Monday in December by a percentage which is 50% of the percentage that the Consumer Price Index for the previous September has changed from September of the previous year.

**Sec. 33-4A. Merit system protection board staff.**

  (a)   The merit system protection board appoints and removes its executive secretary.

  (b)   The executive secretary appoints and removes other staff to the board.

  (c)   Appointment and removal under this section must comply with the merit system law.

**Sec. 33-4B. Days of commemoration.**

  (a)   Legislative findings.

    (1)   The religious, ethnic, and cultural heritage of County residents is very diverse.

    (2)   The County benefits economically, intellectually, culturally, and socially from the richness and strength of its diversity and seeks to promote an inclusive community for all residents.

    (3)   The County’s respect for the diversity of its own workforce is reflected in the County’s rules governing leave and alternate work schedules for religious observance.

    (4)   The ability of County employees to meet the needs of County residents and provide high quality customer service is enhanced when County employees know that certain days have special religious, ethnic, or cultural meaning that will affect the daily activities of a significant number of County residents.

  (b)   Days of commemoration.

    (1)   Each of the following calendar days is designated a day of commemoration:

      (A)   Eid Ul-Adha;

      (B)   Asian Lunar New Year;

      (C)   Martin Luther King Day;

      (D)   Ash Wednesday;

      (E)   Purim;

      (F)   Passover;

      (G)   Holy Thursday;

      (H)   Good Friday;

      (I)   Easter;

      (J)   Orthodox Holy Thursday;

      (K)   Orthodox Good Friday;

      (L)   Orthodox Easter;

      (M)   Ascension Thursday (Western);

      (N)   Shavuot;

      (O)   Feast of the Assumption;

      (P)   Juneteenth;

      (Q)   Rosh Hashanah;

      (R)   Yom Kippur;

      (S)   Succoth;

      (T)   Shemini Atzeret;

      (U)   Simchas Torah;

      (V)   Eid Ul-Fitr;

      (W)   Diwali;

      (X)   Feast of All Saints;

      (Y)   Feast of the Immaculate Conception;

      (Z)   Christmas;

      (AA)   Kwanza;

      (BB)   Korean American Day;

      (CC)   Three Kings Day;

      (DD)   Orthodox Christmas Day;

      (EE)   Parinirvana - Nirvana Day;

      (FF)   President’s Day;

      (GG)   Magha Puja;

      (HH)   Norouz;

      (II)   Theravada New Year;

      (JJ)   Festival of Ridvan;

      (KK)   Wesak or Buddha Day;

      (LL)   Ascention Thursday (Orthodox);

      (MM)   Memorial Day;

      (NN)   Dharma Day;

      (OO)   Independence Day;

      (PP)   Ramadan: The Islamic Month of Fasting;

      (QQ)   Labor Day;

      (RR)   Veterans’ Day;

      (SS)   Thanksgiving Day;

      (TT)   American Indian Heritage Day;

      (UU)   Hanukkah (Chanukah); and

      (VV)   Bodhi Day.

    (2)   In addition to the days listed in paragraph (1), the Chief Administrative Officer may designate as a day of commemoration any day that the Chief Administrative Officer determines has special religious, ethnic, or cultural meaning that may affect the daily activities of a significant portion of the County’s total population.

  (c)   First notice to County employees.  Once every 3 months, the Chief Administrative Officer must notify all County employees electronically of the dates of all days of commemoration that will occur in the next 3 months and provide:

    (1)   a brief explanation, based on a generally accepted reference source, of the religious, ethnic, or cultural meaning of each day of commemoration and the date on which the day is usually observed;

    (2)   any relevant information regarding the manner in which the daily activities of County residents on the day may affect programs and services provided by the County; and

    (3)   for days with religious meaning, an explanation of the County’s rules governing leave and alternate work schedules for religious observance.

  (d)   Second notice to County employees.  In the 7-day period preceding a day of commemoration or, for a multi-day celebration, the first day of commemoration, the Chief Administrative Officer must:

    (1)   notify all County employees electronically of the date of the day of commemoration or, for a multi-day celebration, the dates of the days of commemoration; and

    (2)   provide the information required by subsection (c)(1) through (3) regarding the applicable day or days of commemoration.

  (e)   The Chief Administrative Officer must maintain a list of all days of commemoration and make the list accessible to the public by posting it on the County’s website.

  (f)   The County Executive may, by regulation adopted under method (2), remove a day designated as a day of commemoration under subsection (b)(1) from the County’s list of days of commemoration.

### Article II. Merit System.

**Sec. 33-5. Statement of legislative intent; merit system principles; statement of purpose; merit system review commission; applicability of article.**

  (a)   Statement of legislative intent. It is the legislative intent of the county council that this article foster excellence in the public service; high individual competence among employees; recognition that respect for the employee as an individual is first required for achieving such excellence and competence; and harmonious and efficient operation within the various components of county government.

  (b)   Merit system principles. The merit system established by this chapter encompasses the following principles:

    (1)   All county government authority, including internal supervisory authority, is for service to the people, is derived from law and the people and must not be abused;

    (2)   The recruitment, selection and advancement of merit system employees shall be on the basis of their relative abilities, knowledge and skills, including the full and open consideration of qualified applicants for initial appointment;

    (3)   Merit system employees shall be provided compensation consistent with standard of comparability with other public agencies and the private sector;

    (4)   Merit system employees shall be provided training as needed to assure high quality performance and such training where possible should also provide increased opportunity to facilitate their career advancement;

    (5)   Merit system employees are encouraged to excel in their work performance; they shall be retained if they meet standards of satisfactory overall performance and shall be separated from merit system service if they do not; both supervisors and subordinates have an equal responsibility to facilitate work performance correction and improvement;

    (6)   All applicants to and employees of the county merit system shall be assured fair treatment without regard to political affiliation or other nonmerit factors in all aspects of personnel administration.

    (7)   Merit system employees shall be protected against any coercion to engage in illegal or improper actions or partisan political activities and shall be prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office;

    (8)   The merit system established under this chapter shall be interpreted in accordance with these principles.

  (c)   Statement of purpose. The basic purpose of this article is to delineate the respective responsibilities of the county executive, the chief administrative officer and the merit system protection board for personnel management in county government. It is the further purpose of this article to implement by law the county charter responsibilities of the county council with respect to a merit system generally, including provisions for salaries and wages of all classified employees of the merit system under a uniform salary plan, the merit system protection board's authority to exercise its appellate functions, and promotion of the overall objective that the integrity of the county merit system be preserved and that it be administered fairly and efficiently in the best interests of the county and its employees.

  (d)    Merit system review commission.

    (i)   In addition to the County Council's legislative responsibilities under Sections 101 and 401 of the County Charter, the Council, as necessary, may appoint a Merit System Review Commission by resolution.

    (ii)   The Commission’s duties are to:

      (A)   strengthen the system of checks and balances among those officials and agencies of county government having merit system responsibilities; and

      (B)   examine and recommend legislative or administrative revision to the merit system in keeping with the intent of the Charter and this Article and with new developments in the field of public administration and personnel management.

    (iii)   The Commission has 11 members who are appropriately qualified County residents. The Executive must appoint 5 members and the Council must appoint the remaining members.

    (iv)   Each Commission terminates after it submits its final report to the Council.

  (e)    Applicability of article. This article shall apply to all merit system employees defined herein. Not included under this article unless specifically stated to the contrary are those positions excluded by section 401 of the county charter as amended and any other positions so excluded from the merit system under other provisions of county law.

**Sec. 33-6. Definitions.**

  In this article, the following words and phrases have the following meanings:

  Board: The merit system protection board as described in section 403 of the county charter.

  County employees: All persons employed by the county regardless of merit system status.

  Domestic partner.  A person who was registered as the domestic partner of a County employee with the Office of Human Resources on or before June 27, 2016 in a domestic partnership that did not end before the County employee’s death.  This definition applies throughout this Chapter unless otherwise indicated.

  Illegal or improper actions: Any actions which violate any law or regulation, or which constitute a gross waste of funds, an abuse of authority or a substantial and specific danger to public health or safety.

  Merit system employees: All persons who are employed by the county in full-time or part-time year-round permanent career positions in any department/office/agency of the executive and legislative branches of the county government or in any other position specifically so designated by law.

  Removal: The separation of a merit system employee through dismissal, involuntary resignation or abolishment of his or her position for reasons or circumstances determined by the board as being other than a bona fide reduction of funds or work.

  Supervisor: The chief administrative officer and all subordinate personnel exercising supervisory functions in the capacity of a public employer.

**Sec. 33-7. County executive and merit system protection board responsibilities.**

  (a)    Generally. In performing its functions, the Board is expected to protect the merit system and to protect employee and applicant rights guaranteed under the merit system, including protection against arbitrary and capricious recruitment and supervisory actions, support for recruitment and supervisory actions demonstrated by the facts to be proper, and to approach these matters without any bias or predilection to either supervisors or subordinates. The remedial and enforcement powers of the Board granted herein must be exercised by the Board as needed to rectify personnel actions found to be improper. The Board must comment on any proposed changes in the merit system law or regulations, at or before the public hearing thereon. The Board, subject to the appropriation process, must establish its staffing requirements and define the duties of its staff.

  (b)    Personnel regulations. The County Executive must adopt personnel regulations under method (1).

    The personnel regulations must provide the framework for:

    (1)   The classification of all merit system positions in the executive and legislative branches;

    (2)   Minimum qualifications for merit system positions, methods of determining qualifications and methods of selection for any positions;

    (3)   Probationary periods, promotions, transfers;

    (4)   Causes for removal from any merit system position and methods of removal, including demotions, furloughs, and reduction of staff. However, any regulations governing a reduction in staff and employee rights attendant thereto shall be restricted to the respective branch of government in which the employee is employed; in the case of the legislative and judicial branches, this sentence shall apply to employees hired by the legislative and judicial branch, respectively, after August 1, 1983.

    (5)   Annual, sick and other leave;

    (6)   Prohibitions against political activity;

    (7)   Maintenance of personnel records; and

    (8)   Similar personnel matters as may be provided by law.

  (c)    Classification standards. With respect to classification matters, the County Executive must provide by personnel regulation, adopted under Method (1), standards for establishing and maintaining a classification plan. These standards may include but are not limited to the following:

    (1)   The necessary components of class specifications;

    (2)   Criteria for the establishment of new classes, modification or elimination of existing classes;

    (3)   Criteria for the assignment of positions to classes;

    (4)   Kinds of data required to substantiate allocation of positions;

    (5)   Guidelines for comparing levels of job difficulty and complexity; and

    (6)   Criteria for the establishment or abolishment of positions.

    The Board must conduct or authorize periodic audits of classification assignments made by the Chief Administrative Officer and of the general structure and internal consistency of the classification plan, and must submit audit findings and recommendations to the County Executive and County Council.

  (d)    Hiring persons with disabilities.

    (1)   Findings.

      (A)   Persons with disabilities are a largely untapped resource for outstanding candidates for County employment.

      (B)   There are many County residents with severe disabilities, including Wounded Warriors treated in the County at the Walter Reed National Military Medical Center.

      (C)   Persons with disabilities suffer from a high unemployment and underemployment rate in the County due in part to unfounded myths, fears and stereotypes associated with many disabilities.

      (D)   Hiring rules for persons with disabilities are necessary to remedy past discrimination resulting from these unfounded myths, fears, and stereotypes and to enable the County to be a model employer of qualified persons with severe disabilities.

      (E)   Special hiring rules for qualified persons with severe disabilities would permit the County to hire highly productive interns with severe disabilities into merit system positions.

      (F)   The Charter permits the County to operate a program within the merit system to recruit and select qualified individuals with severe physical and mental disabilities on a noncompetitive basis.

    (2)   The Executive must adopt by personnel regulation, under Method (1), standards for establishing and maintaining special rules for the initial appointment of a qualified person with a disability into a merit system position.  These standards must:

      (A)   define a person with a disability eligible for a competitive appointment with a preference as:

        (i)   a person with medical proof of a developmental disability, a severe physical disability, or a psychiatric disability; or

        (ii)   a veteran rated by the Department of Veterans Affairs with a compensable service-connected disability of 30 percent or more;

      (B)   define a person with a severe disability eligible for noncompetitive appointment as a person with medical proof of a severe developmental, physical, or psychiatric disability; and

      (C)   require medical certification of a qualifying disability.

    (3)   Competitive appointment.

      (A)   Except as provided in Subsection (e), the regulation must establish and maintain a preference under the following order of preference:

        (i)   an employee who is unable to perform the employee’s job because of a disability or injury under the ADA;

        (ii)   an employee subject to reduction-in-force;

        (iii)   an employee who was granted a temporary disability retirement under the Employees Retirement System or an initial or temporary disability benefit of any type under the Retirement Savings Plan or the Guaranteed Retirement Income Plan but is no longer eligible for such a temporary disability retirement or benefit;

        (iv)   a veteran with a disability;

        (v)   an equal preference for a veteran without a disability and a non-veteran with a disability; and

        (vi)   a displaced federal worker under Subsection (k).

      (B)   This regulation must only apply the preference in Subparagraphs (A)(iv) and (A)(v) for the initial appointment of a qualified person to a merit system position who is among the highest rating category in a normal competitive process.

    (4)   Noncompetitive appointment.  The regulation must establish and maintain standards for the noncompetitive appointment of a qualified person with a severe disability to a position in the merit system.  The standards must:

      (A)   permit the noncompetitive appointment of a qualified person with a severe disability without advertising the position;

      (B)   require certification of a severe disability based upon medical evidence;

      (C)   apply only to the initial appointment of a qualified person with a severe disability to a merit system position; and

      (D)   require the person to successfully complete the appropriate probationary period for the position.

  (e)   Hiring Veterans for Uniformed Public Safety Positions.

    (1)   Findings.

      (A)   Veterans, particularly those returning from combat in Iraq and Afghanistan, suffer from a high unemployment rate.

      (B)   The skills and experience gained by veterans while in the military are helpful assets for serving in uniformed public safety positions.

    (2)   Regulation. The Executive must establish by personnel regulation, under Method (1), standards for a hiring preference point system for the initial appointment of a qualified veteran who applies for a merit uniformed public safety position in a normal competitive process. These standards must:

      (A)   define a veteran as a person who was honorably discharged or released from a branch of the United States armed services after at least 180 days of active military duty other than for training;

      (B)   define a veteran with a disability as a veteran rated by the Department of Veterans Affairs with a compensable service-connected disability of 30 percent or more;

      (C)   define a uniformed public safety position as a:

        (i)   police officer;

        (ii)   fire fighter/rescuer; or

        (iii)   correctional officer; and

      (D)   give preference points for a veteran and additional preference points for a veteran with a disability.

  (f)   Personnel regulation review. The Merit System Protection Board must meet and confer with the Chief Administrative Officer and employees and their organizations from time to time to review the need to amend these regulations.

  (g)    Adjudication. The Board must hear and decide disciplinary appeals or grievances upon the request of a merit system employee who has been removed, demoted or suspended and in such other cases as required herein.

  (h)    Retirement. The Board may from time to time prepare and recommend to the Council modifications to the County’s system of retirement pay.

  (i)    Personnel management oversight. The Board must review and study the administration of the county classification and retirement plans and other aspects of the merit system and transmit to the Chief Administrative Officer, County Executive and County Council its findings and recommendations. The Board must conduct such special studies and audits on any matter relating to personnel as may be periodically requested by the County Council. All County agencies, departments and offices and County employees and organizations must cooperate with the Board and have adequate notice and an opportunity to participate in any such review initiated under this section.

  (j)    Publication. Consistent with the requirements of State law, confidentiality and other provisions of law, the Board must publish, at least annually, abstracts of its decisions, rulings, opinions and interpretations, and maintain a permanent record of its decisions.

  (k)   Hiring displaced federal workers.

    (1)   Findings.

      (A)   Federal workers are experiencing job uncertainty and high unemployment due to federal downsizing and other federal personnel actions unrelated to individual qualifications and merit.

      (B)   The skills and experiences of individuals who have served as federal employees are valuable assets for serving in County government.

    (2)   For purposes of this Section, the term displaced federal worker means a former federal employee who:

      (A)   resides in the County; and

      (B)   on or after January 1, 2025, received:

        (i)   notification of personnel action from the federal government that separated the individual from federal employment; and

        (ii)   notification from the federal government that the reason for separation is that the individual’s position is no longer needed, or that the individual was subject to a federal reduction in force.

    (3)   The term displaced federal worker does not include:

      (A)   an individual subject to downgrade or reassignment;

      (B)   an individual eligible to receive a higher preference under Subsections (d)(3)(A) or (e); or

      (C)   an individual separated from federal employment for a reason other than those stated in subsection (k)(2)(B)(ii).

    (4)   The Executive must establish by personnel regulation, under Method (1), standards for the:

      (A)   application and documentation requirements to qualify as a displaced federal worker;

      (B)   rating and eligibility for inclusion of a displaced federal worker among the highest rating category for a merit system position in a normal competitive process; and

      (C)   implementation of this subsection (k).

**Sec. 33-8. Administrative responsibilities of the chief administrative officer.**

  (a)   The chief administrative officer shall be responsible for the administration and enforcement of the merit system, including any retirement laws, labor relations laws and the personnel regulations. The chief administrative officer may designate a representative to implement any or all of the provisions of law or the personnel regulations. The chief administrative officer and all department heads are responsible for implementing all final decisions of the merit system protection board made after grievance appeals, although the chief administrative officer shall have the right to appeal any such decision in accordance with procedures recited elsewhere in this article. The chief administrative officer shall ensure that all supervisors receive continual orientation and training about the intent purpose and principles of the merit system and shall ensure that all supervisors implement the objectives of this article.

  (b)   The chief administrative officer shall formulate administrative procedures to implement requirements of the merit system law and personnel regulations after providing reasonable public notice and opportunity for comment. These administrative procedures shall be distributed in a manner to make them accessible to all employees.

**Sec. 33-9. Equal employment opportunity and affirmative action.**

  (a)    Policy. Except as provided in Section 33-7(d), the County must take all personnel actions on the basis of merit and fitness without regard to political affiliation or non-merit factors, and without regard to other factors as may be provided for in chapter 27, “Human Relations and Civil Liberties,” such as sex, marital status, race, religion, national origin, age or disability.  The Chief Administrative Officer must initiate, develop, and maintain an equal employment opportunity and affirmative action program necessary to ensure that all persons have an equal opportunity to enter and progress in the County's service on the basis of open competition and demonstrated ability. The County Executive may adopt regulations, under method (1), to implement this policy. Such regulations must provide that an employee whose personal religious beliefs require the abstention from work during certain periods of time may elect to engage in an alternate work schedule in order to meet those religious requirements. The regulations must require an employee who elects to work an alternate schedule to work an equal period of time to that taken off for such religious reasons.

  (b)   Conciliation. The chief administrative officer is authorized to engage in consultation and conciliation efforts with agencies responsible for enforcement of equal employment opportunity laws with the objective of resolving complaints and to execute binding agreements with these agencies; provided, however, that these conciliation efforts shall not be deemed to abate the procedures or requirements as recited in chapter 27. Should the complaint be determined to be a matter not properly within the jurisdiction of an equal employment opportunity enforcement agency, the complaint, as filed, shall be treated as a grievance and processed under the appropriate procedures established for grievances.

  (c)   Appeals by applicants. Any applicant for employment or promotion to a merit system position may appeal decisions of the chief administrative officer with respect to their application for appointment or promotion. Appeals alleging discrimination prohibited by chapter 27, "Human Relations and Civil Liberties," of this Code, may be filed in the manner prescribed therein. Appeals alleging that the decisions of the chief administrative officer were arbitrary and capricious, illegal, based on political affiliation, failure to follow announced examination and scoring procedures, or nonmerit factors, may be filed directly with the merit system protection board. Appeals filed with the merit system protection board shall be considered pursuant to procedures adopted by the board. The board may order such relief as is provided by law or regulation.

**Sec. 33-10. Disclosure of illegal or improper actions in County government; protection for merit system employees against retaliation or coercion; appeals.**

  (a)    Disclosure of illegal or improper actions.

    (1)   Employees should report illegal or improper actions in County government.

    (2)   Employees should first report illegal or improper actions to the individual responsible for corrective action. That person may be anyone from the employee's immediate supervisor to the County Executive, or for legislative branch employees, the County Council.

  (b)    Protection for employees.

    (1)   A personnel action is an act or omission by a supervisor which has a significant adverse impact on the employee, or a change in the employee’s duties or responsibilities which is inconsistent with the employee’s grade and salary.  A personnel action does not include an act or omission by a supervisor that is not subject to review by the Merit Systems Protection Board under Section 33-12.

    (2)   A merit system employee must not be subjected to a personnel action in retaliation for:

      (A)   refusing to obey an instruction involving an illegal or improper action; or

      (B)   disclosing, to a Federal, State or County official or employee,  information concerning illegal or improper action in County government with a reasonable good-faith belief that the information disclosed is  accurate.

    (3)   This subsection does not protect a merit system employee if the:

      (A)   employee's actions were frivolous, unreasonable, and without foundation, even though not brought in bad faith;

      (B)   employee, without good cause, did not comply with applicable regulations concerning the making of such disclosures; or

      (C)   employee was the subject of an otherwise proper personnel action that would have been taken regardless of the employee’s disclosure of information concerning illegal or improper action in County government.

  (c)    Appeal. A merit system employee who alleges that he or she was subject to a retaliatory personnel action in violation of subsection (b) may appeal to the Merit System Protection Board under Section 33-12.

  (d)    Decision. The Board must issue a written decision, including necessary findings of fact and conclusions of law, and may order any remedy authorized by Section 33-14.

**Sec. 33-11. Classification; salary and wage plans.**

  (a)   Classification.

    (1)   The Chief Administrative Officer must apply the classification standards in this Chapter and the Personnel Regulations to:

      (A)   establish and abolish occupational classes as necessary for effective and economical operation of the County government;

      (B)   assign all positions in the merit system to proper classes;

      (C)   assign pay grades to classes; and

      (D)   establish a procedure for the administrative review of an employee’s objection to an assignment action that downgrades the employee's position.

The Board must have a reasonable opportunity to review and comment on any proposed new classes except new classes proposed for the Management Leadership Service under paragraph (2).

    (2)   The CAO may establish by amendment to the Personnel Regulations under method (1) a Management Leadership Service (MLS) to ensure that the senior management of the County government is responsive to the needs, policies, and goals of the County and is the highest quality possible.  The MLS must:

      (A)   be established within the Merit System;

      (B)   provide a compensation system designed to attract and retain highly competent senior managers and compensate employees on the basis of individual and organizational performance (including success in improving efficiency, productivity, quality of work or service, cost efficiency, and timeliness and complying with anti-discrimination and equal employment opportunity requirements);

      (C)   ensure that senior managers are accountable and responsible for the effectiveness and productivity of the employees they supervise;

      (D)   ensure accountability for honest, economical, and efficient government;

      (E)   recognize exceptional accomplishment;

      (F)   enable the CAO reasonably to reassign senior managers to promote the mission and goals of the County government;

      (G)   protect senior managers from arbitrary and capricious actions and maintain a Merit System free of prohibited personnel practices;

      (H)   ensure compliance with applicable personnel laws, including those related to equal employment opportunity, political activity, and conflicts of interest;

      (I)   enhance the management and leadership skills of highly competent senior managers through professional development; and

      (J)   appoint career managers to fill MLS positions to the extent practical, consistent with the effective and efficient implementation of agency policies and responsibilities.

    (3)   The CAO may establish by amendment to the Personnel Regulations under method (1) a Police Leadership Service (PLS) to ensure that the senior management of the Department of Police is responsive to the needs, policies, and goals of the County and is the highest quality possible.  The PLS must:

      (A)   be established within the Merit System;

      (B)   include only lieutenants and captains in the Department of Police;

      (C)   provide a compensation system designed to attract and retain highly competent senior police managers and compensate lieutenants and captains on the basis of individual and organizational performance (including success in improving efficiency, productivity, quality of work or service, cost efficiency, and timeliness and complying with anti-discrimination and equal employment opportunity requirements);

      (D)   ensure that senior police managers are accountable and responsible for the effectiveness and productivity of the employees they supervise;

      (E)   ensure accountability for honest, economical, and efficient police service;

      (F)   recognize exceptional accomplishment;

      (G)   enable the Police Chief reasonably to reassign senior police managers to promote the mission and goals of the Department of Police;

      (H)   protect senior police managers from arbitrary and capricious actions and maintain a Merit System free of prohibited personnel practices;

      (I)   ensure compliance with applicable personnel laws, including those related to equal employment opportunity, political activity, and conflicts of interest;

      (J)   enhance the management and leadership skills of highly competent senior police managers through professional development; and

      (K)   appoint career police managers to fill PLS positions to the extent practical, consistent with the effective and efficient implementation of Department of Police policies and responsibilities.

    (4)   The CAO must determine by written finding that a reclassification is necessary for the efficient and effective operation of County government before approving an upward reclassification of a position between July 1 and December 31 of any year in which the County Executive is elected.

  (b)   Uniform salary plan.

    (1)   The uniform salary plan consists of:

      (A)   salary schedules for employees represented by certified employee organizations;

      (B)   a minimum wage/seasonal salary schedule;

      (C)   a salary schedule for sworn police managers and positions included in the Police Leadership Service;

      (D)   a salary schedule for uniformed fire/rescue managers;

      (E)   a salary schedule for sworn deputy sheriff managers;

      (F)   a salary schedule for uniformed correctional managers;

      (G)   a salary schedule for medical doctors;

      (H)   a salary schedule for employees in positions included in the Management Leadership Service; and

      (I)   a general salary schedule for all other employees.

    (2)   The Chief Administrative Officer may recommend to the County Council amendments to the uniform salary plan.

    (3)   The Council must approve the uniform salary plan and any amendments by resolution.

    (4)   In approving the salary plan or amendments, the Council may consider such factors as:

      (A)   experience;

      (B)   prevailing salary rates for comparable services in both the public and private sectors;

      (C)   County collective bargaining agreements;

      (D)   living costs; and

      (E)   other employee benefits.

    (5)   A salary schedule must include grades and a salary rate or salary range for each grade.

    (6)   The Chief Administrative Officer must assign each occupational class to an appropriate grade under an approved salary schedule.

    (7)   The minimum wage/seasonal salary schedule must identify each occupational class assigned to the salary schedule.  The Chief Administrative Officer may assign an occupational class to the minimum wage/seasonal salary schedule only if all employees in the class:

      (A)   are paid the federal minimum wage; or

      (B)   work for the County fewer than:

        (i)   20 regularly scheduled hours per week on a continuing year- round or school-year basis; or

        (ii)   1040 hours in a 12-month period; or

      (C)   are participants in the County's Conservation/Service Corps job training program.

    (8)   The Chief Administrative Officer must base any recommendation to amend the police management salary schedule on:

      (A)   police management salary rates in neighboring jurisdictions;

      (B)   County collective bargaining agreements that establish the pay and benefits of police officers;

      (C)   other pay and benefits available to police management;

      (D)   availability of funds; and

      (E)   any other relevant factors.

    (9)   The Chief Administrative Officer must base any recommendation to amend the fire/rescue management salary schedule on:

      (A)   fire/rescue management salary rates in neighboring jurisdictions;

      (B)   County collective bargaining agreements that establish the pay and benefits of uniformed fire/rescue employees;

      (C)   other pay and benefits available to fire/rescue management;

      (D)   availability of funds; and

      (E)   any other relevant factors.

    (10)   The Chief Administrative Officer must base any recommendation to amend the sworn deputy sheriff management salary schedule on:

      (A)   salary rates of sworn deputy sheriff managers in neighboring jurisdictions;

      (B)   County collective bargaining agreements that establish the pay and benefits of deputy sheriffs;

      (C)   other pay and benefits available to sworn deputy sheriff managers;

      (D)   availability of funds; and

      (E)   any other relevant factors.

    (11)   The Chief Administrative Officer must base any recommendation to amend the uniformed correctional management salary schedule on:

      (A)   salary rates of uniformed correctional managers in neighboring jurisdictions;

      (B)   County collective bargaining agreements that establish the pay and benefits of correctional officers;

      (C)   other pay and benefits available to uniformed correctional managers;

      (D)   availability of funds; and

      (E)   any other relevant factors.

    (12)   The Chief Administrative Officer must base any recommendation to amend the medical doctors’ salary schedule on:

      (A)   salaries of medical doctors employed in the public and private sectors in Montgomery County;

      (B)   salaries of medical doctors employed in the public and private sectors in neighboring jurisdictions;

      (C)   other pay and benefits available to medical doctors;

      (D)   availability of funds; and

      (E)   any other relevant factors.

    (13)   The Chief Administrative Officer must ensure that all occupational classes that require comparable experience and have comparable duties, responsibilities, and authority are paid comparable salaries that reflect the relative value of the services performed, except occupational classes on the salary schedules for:

      (A)   sworn police managers included in the Police Leadership Service;

      (B)   uniformed fire/rescue managers;

      (C)   sworn deputy sheriff managers;

      (D)   uniformed correctional managers;

      (E)   deputy sheriffs in the Office, Professional, and Technical bargaining unit;

      (F)   the police bargaining unit;

      (G)   the fire/rescue bargaining unit;

      (H)   medical doctors;

      (I)   Management Leadership Service; and

      (J)   minimum wage/seasonal employees.

    (14)   The Chief Administrative Officer may recommend compensation policies for overtime, pay differentials, and other salary and wage benefits to the County Council. The County Council must approve any such policy or benefit.

    (15)   Any plan, policy, or schedule approved by the County Council under this subsection is subject to the provisions of this Chapter regarding employees who are represented by a certified employee organization.

  (c)   Salary policies. Employees must be paid on a biweekly basis. Except as expressly provided by federal, state, or County law, the Chief Administrative Officer must determine any applicable payroll deductions and charges for deductions, including state income tax withholding for any state where an employee resides. The Chief Administrative Officer may deduct from an employee’s salary, without written authorization, any amount specified under any automatic enrollment provision of the Deferred Compensation Plan established under Section 33-142 and of a deferred compensation plan established under Section 33-146B to the extent permitted by a collective bargaining agreement if the employee is a member of an applicable bargaining unit.  When an employee leaves County employment, any debts the employee owes to the County may be deducted from any unpaid salary, accrued annual or compensatory leave, or retirement contributions due to the employee.

  (d)   Other compensation policies. The chief administrative officer may establish other compensation policies to recognize employees who perform in an extraordinary manner either on a sustained performance basis or in recognition of a specific act or service. These compensation policies may include monetary awards to employees making suggestions which result in better public service, cost savings or more efficient operations. Compensation policies may be in the form of cash awards or be part of the uniform salary plan.

  Res. No. 9-1649, introduced on December 8, 1981, and adopted on January 19, 1982, deals with pay retention for employees demoted as a result of reduction in force.

**Sec. 33-12. Appeals of disciplinary actions; grievance procedures.**

  (a)   Appeals of certain disciplinary actions. Any merit system employee, excluding those in probationary status, who has been notified of impending removal, demotion or suspension shall be entitled to file an appeal to the board, which shall cause a hearing to be scheduled without undue delay unless the appeal has been settled during administrative review of the appeal by the chief administrative officer or a designee. Any merit system employee who is the subject of other disciplinary action not specified above may file an appeal with the board, but such appeal may or may not require a hearing as the board may determine.

  (b)   Grievances. A grievance is a formal complaint arising out of a misunderstanding or disagreement between a merit system employee and supervisor with reference to a term or condition of employment. The determination of the board as to what constitutes a term or condition of employment shall be final. Grievances do not include the following: Classification allocations, except due process violations; failure to reemploy a probationary employee; or other employment matters for which another forum is available to provide relief or the board determines are not suitable matters for the grievance resolution process. A grievance shall include termination by resignation which is found by the board to have been submitted under circumstances which cause the resignation to be involuntary; in the event of such a finding, the board shall require the appointing authority to substantiate the termination as in the case of a removal. The county executive shall prescribe, in the personnel regulations adopted under method (1) of section 2A-15 of this Code, procedures which seek to secure at the lowest possible level a fair, prompt and mutually satisfactory resolution to a grievance. In providing these procedures, the county executive shall ensure that any grievance based upon an alleged improper application of a merit system law or regulation concerning a disputed issue of fact is entitled to resolution after a fact-finding inquiry authorized by the board. Grievances based upon an alleged improper interpretation of merit system laws or regulations do not require a hearing during the grievance resolution process.

  (c)   Hearing examiners. The board may utilize hearing examiners to conduct grievance investigations and other hearings, authorized under this section, who shall make findings and recommendations subject to objection by the parties and final board approval under such procedures as established by the board. A party to any proceeding which has been assigned to a hearing examiner shall be afforded the opportunity to present an oral argument on the record before the board prior to a final decision.

**Sec. 33-13. Appeal procedures.**

  The county executive shall prescribe by personnel regulations, adopted under method (1) of section 2A-15 of this Code, procedures covering appeals, including grievances which shall include the time limit for filing such appeal, the granting of administrative leave pending appeal, filing and cost of the administrative record, conduct of hearings, requirements for written notice, special evidentiary proceedings in cases where the remedy of employee reinstatement was a contested and unresolved issue in an ordinary appeal hearing and provisions for summary actions by the board.

**Sec. 33-13A. Audits, investigations and inquiries.**

  The merit system protection board is authorized to conduct audits, investigations or inquiries, to assure that the merit system is administered in accordance with the provisions of this chapter and regulations promulgated pursuant thereto, and may administer oaths, require the attendance of witnesses and the production of records or other material in connection with an investigation, audit or inquiry. The results of each audit, investigation or inquiry shall be transmitted to the county council, county executive, and chief administrative officer, with appropriate recommendations.

  There is hereby created the position of special personnel investigator. The special personnel investigator shall exercise the following powers and perform the following duties and functions:

  (a)   Investigate any matter referred to him by the merit system protection board.

  (b)   File a complaint with the merit system protection board where, as result of his investigation of matters referred to him by the board, he has probable cause to believe that the merit system has not been administered in accordance with the provisions of this chapter or regulations promulgated pursuant thereto.

  (c)   Recommend corrective action on matters which have been referred to him by the merit system protection board.

  (d)   Designate, with the approval of the council, an alternate special personnel investigator for matters in which he has a conflict of interest or is otherwise unable to pursue.

The special personnel investigator is appointed by the county council for a term of 5 years, or until a successor is appointed and qualified. The council may remove the special personnel investigator on the vote of 6 members of the council. The special personnel investigator must:

    (1)   have experience in law or personnel matters;

    (2)   be paid a per diem fee set by contract with the county; and

    (3)   be reimbursed for necessary expenses.

When an audit, investigation or inquiry gives the board cause to believe that the merit system has not been administered in accordance with the provisions of this chapter or regulations promulgated pursuant thereto, the board may refer the matter to an appropriate investigative entity, including the special personnel investigator, at the board's option. Where a complaint is filed by the special personnel investigator, or on its own motion, the board may hold a hearing and issue a decision ordering such corrective action as it determines to be necessary, including those remedies provided in section 33-14(c). Where the board holds a hearing on its own motion, the board's staff or the special personnel investigator shall be the charging party. In any hearing, the responding party shall include all individuals who may be adversely affected. All investigatory proceedings under this section shall include due process protections consistent with the purposes of this chapter and procedures shall be included in the personnel regulations adopted under method (1) of section 2A-15 of this Code, which specify these protections in further detail. Nothing herein shall be construed to prohibit the board from initiating and acting upon audits, investigations or inquiries until such regulations are adopted.

**Sec. 33-14. Hearing authority of board.**

  (a)   Hearing requirements. Hearings before the board are quasi-judicial in nature and shall be conducted in formal session in accordance with the provisions and authority contained in the county administrative procedures act. Board members shall be provided orientation and training as required to properly implement the requirements of the county administrative procedures act and conduct administrative evidentiary proceedings. With respect to hearings which go beyond one (1) session, the board shall endeavor to schedule such hearings so that a minimum amount of time elapses between sessions. When required for continuity and minimum loss of time in concluding a case, the board shall also endeavor to schedule hearings during daytime, weekday hours. Hearing shall be open to the public with reasonable notice, if requested by the employee.

  (b)   Board counsel. The board may request special counsel when the board and the county attorney determine that a representational conflict exists within the county attorney's office. The special counsel shall be an individual acceptable to the board. The county attorney may assign an attorney to the board as its general counsel who shall represent the board exclusively on matters concerning the merit system.

  (c)   Decisions. Final decisions by the board shall be in writing, setting forth necessary findings of fact and conclusions of law. A copy of such decision shall be furnished to all parties. The board shall have authority to order appropriate relief to accomplish the remedial objectives of this article, including but not limited to the following:

    (1)   Order retroactive promotion or reclassification with or without back pay;

    (2)   Order change in position status, grade, work schedule, work conditions and work benefits;

    (3)   Order priority consideration be given to an employee found qualified before consideration is given to other candidates;

    (4)   Order reinstatement with or without back pay, although the chief administrative officer may reinstate either to a position previously held or to a comparable position of equal pay, status and responsibility;

    (5)   Order cancellation of personnel actions found in violation of law or personnel regulation provided that such action may not without due process, adversely affect the employment rights of another employee;

    (6)   Grant employee participation in an employee benefit previously denied (training, educational program or assistance, preferential or limited work assignments and schedules, overtime pay or compensatory leave);

    (7)   Order removal from administrative or personnel records any reference or document pertaining to an unwarranted disciplinary or adverse personnel action;

    (8)   Order corrective measures as to any management procedure adversely affecting employee pay, status, work conditions, leave or morale;

    (9)   Order the county to reimburse or pay all or part of the employee's reasonable attorney's fees. The reasonableness of the attorney fees shall be determined by the following factors;

      a.   Time and labor required;

      b.   The novelty and complexity of the case;

      c.   The skill requisite to perform the legal service properly;

      d.   The preclusion of other employment by the attorney due to acceptance of the case;

      e.   The customary fee;

      f.   Whether the fee is fixed or contingent;

      g.   Time limitations imposed by the client or the circumstances;

      h.   The experience, reputation and ability of the attorneys; and

      i.   Awards in similar cases;

    (10)   Order such other and further relief as may be deemed appropriate consistent with the charter and laws of Montgomery County.

**Sec. 33-15. Judicial review and enforcement.**

  (a)    Any aggrieved merit system employee, or applicant, or the chief administrative officer may obtain judicial review of a merit system protection board order or decision from the circuit court for the county in the manner prescribed under Chapter 200 of Title 7 of the Maryland Rules of Procedure. In addition, with respect to orders or opinions relating to personnel of Montgomery County fire and rescue corporations, the independent fire and rescue corporation affected by the merit system protection board order, as well as any aggrieved fire and rescue corporation employee, may obtain judicial review of the board's order or decision as provided in this section.

  (b)    The court, in hearing the case, shall apply the judicial review standards as set forth in the Maryland Administrative Procedures Act, Subtitle 2 of Title 10 of the State Government Article of the Maryland Code.  The court review shall be on the basis of the record before the board. Judicial review of board decisions issued hereunder also includes appellate review by the Court of Special Appeals.

  (c)    When the chief administrative officer is the party seeking judicial review of a board order or decision in favor of a merit system employee, the county shall be responsible for the employee's legal expenses, including attorneys' fees which result from the judicial review and are determined by the county to be reasonable under the criteria set forth in subsection (c)(9) of section 33-14.

  (d)    Upon the failure of a party to invoke the judicial review provision of section (a) above or the exhaustion thereof and upon noncompliance with any final decision or order of the board, the board may certify the matter to the county attorney for enforcement. The county attorney shall promptly institute appropriate civil proceedings in the circuit court for Montgomery County to seek enforcement of the decision or order and for any other appropriate relief.

**Sec. 33-16. Conflicting provisions.**

  In the event of any conflict between the provisions of this article and any provisions of the personnel regulations or administrative rules or regulations, the provisions of this article shall control.

**Sec. 33-17. Prohibited personnel practices; criminal penalty.**

  (a)   No county employee or other person acting in concert with a county employee shall threaten, promise to take, or take any official action with respect to any individual employee for the purpose of inducing or coercing political activity of any county employee or applicant for county employment (including the providing of any political contribution or service), or take any official action against any county employee or applicant for county employment as a reprisal for the refusal of the person to engage in any political activity.

  (b)   No person shall willfully make any false statement, certificate, mark, rating or report with regard to any test, certification or appointment made under any provisions of this law or in any manner commit or attempt to commit any fraud preventing the impartial execution of this law and any regulations issued thereunder.

  (c)   No county employee or other person acting in concert with a county employee shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for the purpose of providing any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, county employment.

  (d)   No county employee or other person acting in concert with a county employee shall willfully defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this law, or furnish to any person special or confidential information for the purpose of affecting the rights of any person with respect to employment under the county merit system.

  (e)   No county employee or other person acting in concert with a county employee shall willfully grant any preference or advantage contrary to law, rule or regulation to any merit system employee or applicant for merit system employment (including preselection or defining the scope or manner of competition or the requirements for any position primarily for the purpose of improving or ensuring the prospects of a particular person for a merit system position rather than for the purpose of advancing or improving service to the public, contrary to merit system principles).

  (f)    No county employee or other person acting in concert with a county employee shall willfully take or cause to be taken a personnel action with respect to a merit system position or merit system employee on the basis of political affiliation or family relationship.

  (g)   A person must not threaten, promise, or take any action against a County employee to:

    (1)   induce or coerce an employee to take an illegal or improper action; or

    (2)   retaliate against an employee for disclosing information to a Federal, State, or County official or employee concerning an illegal or improper action in County government that the employee has a good faith belief is accurate.

  Any person who shall violate any of the above provisions shall be guilty of a misdemeanor and shall, on conviction thereof, be punished by a fine not to exceed one thousand dollars ($1,000.00), or by imprisonment for a term not to exceed six (6) months or by both.

**Sec. 33-18. Deduction for child support.**

  (a)   Legislative findings. Prompt payment of child support payments are essential to the health and welfare of the children for whom the payments are intended. Many payors fail to satisfy the obligation they have to make child support payments in a timely manner. It is the purpose of this section to establish a procedure whereby persons who are entitled to receive child support payments from county employees may, without embarrassment to the parties or the necessity to prove any arrearage or other fault, cause the county to deduct the amount of child support directly from the salary of the employee.

  (b)   Definitions.

  Chief administrative officer means the county's chief administrative officer, or his designee.

  Child support means a sum of money required to be paid for the support of one (1) or more children pursuant to a court order or a written agreement.

  Clerk means the office of the clerk of the circuit court for Montgomery County.

  Director means the director of the Montgomery County department of finance, or his designee.

  Payee means any person entitled to receive child support.

  Payor means any employee of the county who is obligated to pay child support.

  (c)   Application for deduction. Any payee may apply for a direct deduction of child support from the salary of a payor. The application shall be submitted to the clerk on a form prepared by the clerk, and a copy of the court order or separation agreement requiring the payment of child support shall be attached to the application form. If the clerk declines or is judicially determined unable to administer this program in accordance with the procedures established by this section, the functions prescribed herein to be performed by the clerk shall be performed by the county's office of hearing examiner.

  (d)   Notice and determination. The clerk shall notify the payor of any application for direct deduction of child support. The payor may object to the deductions by filing a written answer with the clerk within fifteen (15) days from the date of receipt of the notice. Where an objection is filed, the clerk shall provide the payee with a copy of the objection. Upon request of either party, the clerk shall schedule a conference to discuss the merits of the matter. Thereafter, the clerk shall make administrative determinations as to the support obligation of the payor, based on the court order, separation agreement or any modifications thereof, and the amount to be deducted from the payor's weekly or biweekly salary, and provide the director with a copy of the determination. The determination is solely intended to facilitate a child support collection procedure without consideration of collateral child support or custody issues.

  (e)   Administrative appeal and hearing. Either party may appeal the clerk's determination to the board of appeals under the procedures established by the board for this purpose. The board, if requested by either party, shall hold a hearing on the matter. The board's decision shall be subject to the same judicial review provisions found in section 2-114 of this Code. An appeal shall operate to stay the effect of the clerk's determination.

  (f)   Modifications. A payor or payee may, at any time, apply for a modification of the clerk's determination. Application for a modification shall be on a form specified by the clerk. The clerk, upon receipt of an application for modification, shall follow the same procedures applicable to initial applications for direct child support deductions.

  (g)   Director's duties. The director, upon receipt of the clerk's determination shall, unless contrary to law, court rule, or the provisions of a collectively bargained agreement, deduct the specified amount from the paycheck of the payor and transfer same to the clerk. The clerk shall then forward the amount of the payment directly to the payee. The director may also deduct from the amount of the support payment, a fee, established by executive regulation of the county executive adopted under method (3) of section 2A-15 of this Code, not to exceed the reasonable costs of implementing the determination of the clerk.

  (h)   Authority to enter into agreement. The chief administrative officer is authorized to enter into an agreement with the clerk for the administration of this program.

  (i)   Report. In any attachment (garnishment) action affecting the wages paid by the county to the payor, the county shall report to the court any deductions being made pursuant to this section.

  (j)   Executive regulations. The county executive is authorized to adopt regulations, under method (1) of section 2A-15 of this Code, for the implementation of the provisions of this section.

**Sec. 33-19. Day care as alternative fringe benefit.**

  The executive shall establish a salary reduction dependent care assistance plan that meets the requirements of section 125 and/or section 129 of the Internal Revenue Service Code as amended. Under this plan, county employees, with the exception of those police department employees subject to a collective bargaining agreement, may elect to reduce or to forego increases in their salary to pay for dependent care assistance benefits up to a maximum dollar amount as may be permitted by the Internal Revenue Code. Police department employees subject to a collective bargaining agreement may elect to participate in the plan, if authorized by the collective bargaining agreement. Dependent care assistance payments shall be paid in a manner permitted by the Internal Revenue Code. The executive may charge a reasonable administrative fee to reduce the cost to the county of administering the plan.

**Sec. 33-20. Short-term county employees.**

  (a)   A department head may hire a short-term employee when necessary to promote the efficient operation of the department. When it is impractical to hire from an eligible list, a department head may hire a short-term employee who is not on an eligible list if the employee meets the minimum qualifications of the position.

  (b)   A department head must not employ a short-term employee:

    (1)   For more than 900 hours in a 12-month period;

    (2)   For more than 2 12-month periods; and

    (3)   At an hourly rate greater than the maximum pay rate for grade 5 on the General Salary Schedule, as adjusted from time to time under section 33-11(b), or the comparable pay grade if the General Salary Schedule is revised.

  (c)   The County Executive must adopt regulations under method (1) to administer this section.

**Sec. 33-21. Military leave.**

  (a)   A part-time or full-time County employee, except an elected official, who is involuntarily ordered to active duty in the armed forces of the United States or National Guard during a national emergency or under Presidential authority, except for active duty for training:

    (1)   may use any accumulated annual and compensatory leave while on active duty; and

    (2)   must be granted military leave, when all annual, compensatory, and donated leave has been used, for:

      (A)   the period the employee is ordered to remain on active duty; and

      (B)   10 working days after release from active duty.

  (b)   The County must pay an employee on military leave the employee's County salary, reduced by all pay and allowances the employee receives for military service except separation allowances.

  (c)    An employee who takes leave under this Section continues to receive all employee insurance benefits for the entire leave period.

  (d)    The County must not grant military leave to a non-merit County employee for any period after the employee's appointing authority leaves office.

  (e)   An employee who is on military leave under this Section must receive retirement credit under the Employees’ Retirement System in Article III or the Retirement Savings Plan in Article VIII, as applicable.

**Sec. 33-22. County Employee Settlement Agreements; right to appeal - established.**

  (a)   Definitions. For purposes of this Section, the following terms have the meanings indicated:

  Employment dispute means any grievance or appeal filed by the employee against the County where a dismissal action under COMCOR 33.07.01.33 or 33.07.01.35, is challenged.

  No-rehire clause: a provision prohibiting, preventing, or otherwise restricting an employee from obtaining future employment.

  (b)   An agreement to settle an employment dispute must not contain a no-rehire clause from County employment.

  (c)   Except as provided in subsection (b), a settlement agreement may include a no-rehire clause if:

    (1)   the provision is mutually agreed upon to end the current employment relationship;

    (2)   the employee voluntarily resigns after a formal disciplinary action has been initiated by an agency head; or

    (3)   the Chief Administrative Officer or agency head has made a finding that there are sufficient grounds to dismiss the employee for cause.

  (d)   Appeal of No-Rehire Clause. An aggrieved employee may file an appeal with the County’s Merit System Protection Board to challenge the decision of the Chief Administrative Officer or agency head to include a no-rehire clause in a proposed settlement agreement under subsection (c)(3). The appeal must:

    (1)   be in writing; and

    (2)   filed within 10 working days from the employee’s receipt of the proposed settlement agreement which included a no-rehire clause.

  (e)   Burden of Proof. The County, upon appeal, has the burden of proof by a preponderance of evidence to provide a legitimate, nondiscriminatory reason for its decision.

**Sec. 33-23.  Prescription Drug Benefit.**

  (a)   The Director of the Office of Human Resources must offer all County employees and retired employees a prescription drug benefit, independent of any other employee benefit, that allows each employee to buy prescription maintenance medications through one or more domestic or foreign pharmacy benefit managers at the lowest available cost.  The pharmacy benefit manager must assure that:

    (1)   each medication dispensed under this benefit is consistent with federal Food and Drug Administration standards, including manufacturing location, formulation, source and specifications of active ingredients, processing methods, manufacturing controls, container/closure system, and appearance; and

    (2)   any biomedication is not dispensed under this benefit.

  (b)   The Director may operate this program through any form of intergovernmental procurement under Article VIII of Chapter 11B if the Director finds that doing so will provide more efficient service or achieve lower costs for participants or the County.

**Sec. 33-24. Telework.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    Director means the Director of the Department of Human Resources or the Director’s designee.

    Telework means a work arrangement in which some or all of the work is performed at an alternative work site, such as a home or office space near a home.

  (b)   Telework.  The County Executive must adopt, by Method 1 regulation, a policy to permit eligible employees to telework and a plan to increase the number of County employees who telework.

  (c)   Contents.  The telework regulation must:

    (1)   require the Director to designate an employee to serve as the County telework manager.  The County telework manager must:

      (A)   advise each County department and office on telework matters;

      (B)   serve as a resource for managers and employees on telework;

      (C)   develop, after consulting the County Attorney, a standard written telework agreement between a teleworking employee and the employee’s manager;

      (D)   assist managers in determining the eligibility of an employee to telework; and

      (E)   be the primary point of contact between the Office of Human Resources and each County department or office on telework issues;

    (2)   identify the circumstances under which a County employee may telework;

    (3)   identify procedures that a County employee must follow to obtain permission to telework;

    (4)   require the execution of a written telework agreement between an employee and the employee’s manager outlining each party’s expectations and responsibilities; and

    (5)   identify the required telework training for a teleworking employee and a County manager.

  (d)   Training.  The Director, after consulting the Chief Information Officer, must establish an appropriate training course for a teleworking employee and a County manager.

  (e)   Annual report.  The Chief Administrative Officer must report to the County Executive and County Council by January 15 of each year on:

    (1)   the actions taken in the preceding fiscal year to implement the telework regulation;

    (2)   the number of employees teleworking in each department or office during the preceding fiscal year;

    (3)   the number of teleworking hours worked by employees in each department and office in the preceding fiscal year; and

    (4)   recommendations for improvements to the teleworking regulation.

**Sec. 33-25. County Pay Equity Act.**

  (a)   Definitions.  As used in this section:

    Applicant means a person seeking a merit system position with the County.  Applicant does not include a County merit system employee seeking a new position with the County.

    Salary means an applicant’s financial compensation in exchange for labor, including wages, commissions, and bonuses.

    Salary history means an applicant’s current and past salary in the applicant’s current or prior position with another employer.

  (b)   Requesting salary history prohibited.

    (1)   The County must not consider or rely on an applicant’s salary history as a factor in determining whether to offer employment to an applicant or determining pay.

    (2)   The County must not seek an applicant’s salary history.

    (3)   The County must not refuse to hire or retaliate against an applicant for refusing to disclose the applicant’s salary history.

    (4)   This Section does not prohibit:

      (A)   an applicant from voluntarily, and without prompting, disclosing the applicant’s salary history, provided the County does not rely on that voluntary disclosure to determine an initial offer of starting salary for the applicant;

      (B)   the County from discussing an applicant’s expectations with respect to salary without inquiring about salary history;

      (C)   the County from verifying non-salary information disclosed by an applicant or received from a background check, provided that any salary history disclosed by a background check is not used to refuse to hire or determine an applicant’s salary; and

      (D)   the County from relying on salary history voluntarily provided by the applicant to pay the applicant a higher wage than initially offered, if reliance on salary history does not result in unequal pay for equal work based on gender.

  (a)   study the effect of laws in other jurisdictions prohibiting an employer from considering an applicant’

  (b)   provide the Council with a report on gender pay equity among County employees every 2 years beginning on or before July 1, 2022.

**Sec. 33-25A. Prospective Employees – Health Care Privacy.**

  (a)   Definitions. As used in this section:

    Americans with Disabilities Act means the federal Americans with Disabilities Act of 1990, as amended.

    Applicant means a person seeking County employment, including a merit system position, non-merit system position, appointed position, or contractual position.

    Business-related health information means health care information that is necessary to evaluate whether an applicant meets a minimum qualification for a position.

    Contractual position means an individual providing services to the County pursuant to a procurement under Chapter 11B. Contractual position does not include the employees or subcontractors of a contractor under Chapter 11B.

    Health care means any care, treatment, or procedure by a health care provider:

    (1)   to diagnose, evaluate, rehabilitate, manage, treat, or maintain the physical or mental condition of a patient or recipient; or

    (2)   that affects the structure or any function of the human body.

    Health care information means any individually identifiable information related to health care.

    Minimum qualification means a mandatory qualification that:

    (1)   must be met to perform the required job functions of the position; and

    (2)   was posted publicly prior to the acceptance of any application for the position.

    Reproductive health information means health care information related to any aspect of reproductive health, including abortion care, miscarriage, contraception, sterilization, pregnancy, and family planning.

  (b)   Requesting or considering health care information – Limitations.

    (1)   Except as provided in paragraph (2), the County must not:

      (A)   request or seek health care information regarding an applicant; or

      (B)   consider health care information as a factor in determining whether to hire an applicant.

    (2)   Unless otherwise prohibited by law, the County is entitled to:

      (A)   request or seek business-related health care information; and

      (B)   consider business-related health care information solely to determine whether an applicant meets a minimum qualification.

  (c)   Requesting reproductive health information – Prohibited. The County must not request or consider an applicant’s reproductive health information.

  (d)   This Section does not prohibit:

    (1)   an applicant from voluntarily submitting, or the County from processing, a request for a reasonable accommodation under the Americans with Disabilities Act related to the job application process; or

    (2)   if the applicant is a County employee, an applicant from disclosing, or the County from requesting, health care information necessary for:

      (A)   enrolling in or processing employee benefits;

      (B)   making or processing workers’ compensation claims;

      (C)   making or processing leave requests in accordance with County laws and regulations; or

      (D)   complying with applicable state or federal law.

  (e)   An applicant aggrieved under this section may appeal to the Merit System Protection Board under Section 33-13.

**Sec. 33-26. Severance pay limits.**

  The Executive must not authorize any payment of money or paid administrative leave to a merit employee upon separation from County employment unless the payment is expressly authorized by law. This Section must not be interpreted to prohibit:

  (a)   the payout of unused leave at termination of employment;

  (b)   a discontinued retirement pension authorized under Section 33-45(d); or

  (c)   severance pay under Sections 33-139 and 33-140.

**Sec. 33-27. Paid Parental Leave – Prior to Commencement of the State Family and Medical Leave Insurance Program.**

  (a)   Definitions.  For purposes of this Section, the following words have the meanings indicated.

    FMLA leave means employee leave under the federal Family and Medical Leave Act, 29 U.S.C § 2601 et seq., as amended.

    Parent means a biological parent, an adoptive parent, or a foster parent. Parent includes the spouse or domestic partner of a parent.

  (b)   Paid parental leave – required.

    (1)   The County must provide paid parental leave under this Section to a part-time or full-time County employee who:

      (A)   has been in a County merit system position for at least 6 consecutive months; and

      (B)   is the parent of a newborn child, a stillborn child, a newly adopted child, or a newly placed foster child.

    (2)   The paid parental leave under this Section must consist of up to:

      (A)   240 hours within a 12-month period, for an employee scheduled to work 40 hours per week; or

      (B)   a prorated amount within a 12-month period, for an employee scheduled to work more or less than 40 hours a week.

    (3)   The paid parental leave under this Section must be used within 12 months of the birth or stillbirth of the child, the adoption of the child, or the placement of the child in foster care.

  (c)   Continuance of salary and benefits.

    (1)   The County must continue to pay an employee on parental leave under this Section the full salary of the employee.

    (2)   An employee on parental leave under this Section must continue to receive employee insurance benefits.

    (3)   An employee on parental leave under this Section must continue to receive retirement credit under the Employees’ Retirement System in Article III or the Retirement Savings Plan in Article VIII, as applicable.

  (d)   Relationship to other employee leave.

    (1)   Concurrence of leave.

      (A)   Except as provided in subparagraph (B) of this paragraph, parental leave taken under this Section must not count against any other type of leave of the employee.

      (B)   Parental leave taken under this Section must run concurrently with any FMLA leave of the employee.

    (2)   Exhaustion of other leave – not required.  Prior to taking parental leave under this Section, an employee must not be required to exhaust any other type of leave provided to the employee under a collective bargaining agreement or other applicable law, including County personnel regulations.

  (e)   Collective bargaining.  This Section must not be construed to diminish any employee leave required by a collective bargaining agreement under this Chapter.

  (f)   Regulations.  The Executive may adopt Method (2) regulations to implement this Section.

**Sec. 33-28. Paid Parental Leave – County supplement to the State Family and Medical Leave Insurance Program.**

  (a)   The requirements of subsection (c) of this section must not apply if:

    (1)   the County establishes a private employer plan approved by the Maryland Secretary of Labor under the Time to Care Act of 2022, Chapter 48 of the 2022 Laws of Maryland, as amended; and

    (2)   the plan established by the County under paragraph (1) of this subsection provides to each employee at least 240 hours of paid parental FAMLI leave annually.

  (b)   Definitions.  For purposes of this Section, the following words have the meanings indicated.

    FAMLI leave means employee leave under the State FAMLI Program.

    FMLA leave means employee leave under the federal Family and Medical Leave Act, 29 U.S.C § 2601 et seq., as amended.

    Parent means a biological parent, an adoptive parent, or a foster parent. Parent includes the spouse or domestic partner of a parent.

    Parental FAMLI leave means FAMLI leave, taken by an employee who is a parent, to care for a newborn child, a newly adopted child, or a newly placed foster child within 12 months of the child’s birth, adoption, or placement. Parental FAMLI leave includes FAMLI leave taken by an employee who is the parent of a stillborn child within 12 months of the stillbirth.

    State FAMLI Program means:

    (1)   the Family and Medical Leave Insurance Program required by the State of Maryland under the Time to Care Act of 2022, Chapter 48 of the 2022 Laws of Maryland, as amended; or

    (2)   a private employer plan established by the County and approved by the Maryland Secretary of Labor under the Time to Care Act of 2022, Chapter 48 of the 2022 Laws of Maryland, as amended.

  (c)   County supplement to State FAMLI program benefits for parental FAMLI leave – required.

    (1)   Except as provided under paragraph (2) of this subsection, the County must pay an employee on parental FAMLI leave the employee’s County salary, reduced by the amount of any benefit the employee is entitled to receive for the leave under the State FAMLI Program.

    (2)   The County’s payments under paragraph (1) of this subsection must be provided to compensate up to:

      (A)   240 hours of parental FAMLI leave within a 12-month period, for an employee scheduled to work 40 hours per week; or

      (B)   a prorated amount of parental FAMLI leave within a 12-month period, for an employee scheduled to work more or less than 40 hours a week.

  (d)   Continuance of benefits.

    (1)   An employee on parental FAMLI leave must continue to receive employee insurance benefits.

    (3)   An employee on parental FAMLI leave must continue to receive retirement credit under the Employees’ Retirement System in Article III or the Retirement Savings Plan in Article VIII, as applicable.

  (e)   Relationship to other employee leave.

    (1)   Concurrence of leave.

      (A)   Except as provided under paragraph (2) of this subsection, parental FAMLI leave taken under this Section must not count against any other type of leave of the employee.

      (B)   Parental FAMLI leave must run concurrently with FMLA leave.

    (2)   Exhaustion of other leave – not required.  Prior to taking parental FAMLI leave under this Section, an employee must not be required to exhaust any other type of leave provided to the employee under a collective bargaining agreement or other applicable law, including County personnel regulations.

  (f)   Collective bargaining.  This Section must not be construed to diminish any employee leave required by a collective bargaining agreement under this Chapter.

  (g)   Regulations.  The Executive may adopt Method (2) regulations to implement this Section, including regulations to specify how, consistent with the State FAMLI program and other applicable law, parental FAMLI leave relates to other types of employee leave.

**Sec. 33-29. Break Time for Lactation.**

  (a)   An employee must be provided with reasonable break time during the workday to accommodate the need for lactation.

  (b)   Compensation.  The County may not be required to compensate an employee receiving reasonable break time under subsection (a) for any time spent expressing breast milk at work.

  (c)   Regulations.  The Director may promulgate Method (2) regulations to implement the requirements of this Section.

**Sec. 33-30. Lactation Accommodation Policy.**

  (a)   Personnel regulations.  The County Executive must adopt personnel regulations under Method (1) to establish a lactation accommodation policy. The policy, at a minimum, must contain guidelines regarding:

    (1)   the process to request the use of a lactation room, as provided under Section 8-14C(b);

    (2)   the process to request break time under Section 33-27;

    (3)   the availability of a lactation room as required under subsection (c); and

    (4)   best practices for maintenance of a lactation room, including recommended general cleaning of milk expression areas and storage of breast milk in the designated refrigerator.

  (b)   Outreach and Education.  The Director of the Office of Human Resources must provide, or cause to be provided, on its website informational materials related to prenatal and postpartum breastfeeding for County employees.

  (c)   The Director of the Office of Human Resources, by use of existing or potential resources, must establish a method to communicate with County employees:

    (1)   the location of a lactation room in a County building; and

    (2)   the availability of that room for use.

**Secs. 33-31—33-33. Reserved.**

### Article III. Employee's Retirement System.

#### Division 1. Generally.

**Sec. 33-34. Declaration of policy.**

  It is the policy of the county to maintain a system of retirement pay and benefits for its employees which is adequately funded and insures employees sufficient income to enjoy during their retirement years. Any modifications to such retirement system shall not reduce the overall value of benefits which existed for members immediately prior to such modifications except that benefits may be reduced if necessary to maintain the fiscal integrity of the system after a finding by the county council that such change is necessary.

  Before all liabilities with respect to the members and their beneficiaries are satisfied, no person may use or divert any part of the corpus or income of the retirement system to purposes other than the exclusive benefit of the members and beneficiaries.

**Sec. 33-35. Definitions.**

  In this Article, the following words and phrases have the following meanings:

  Account balances: The balances credited to the retirement accounts of each elected officials' participant under the elected officials' plan as of the valuation date preceding the date of distribution, plus any elected officials' participant contributions or county elected officials' contributions allocated to those accounts since that date, determined without regard to vesting.

  Accumulated contributions: The sum of all the amounts deducted from the compensation of the member, including picked-up contributions, and all other contributions paid by the member and credited to the member's retirement account plus credited interest as provided in section 33-39.

  Actuarial equivalent: As to any amount, an equivalent amount, determined in accordance with actuarial assumptions provided by an independent enrolled actuary to be used in conjunction with the plan in question.

  Board or board of investment trustees: The board of investment trustees established under this article.

  County elected officials' contributions: The contributions by the county to the elected officials' plan required under section 33-40.

  County government: The county government and, when applicable, any agency whose employees are participating in the retirement system.

  County merit system protection board: The merit system protection board as defined in the Charter of Montgomery County, Maryland.

  County personnel board or personnel board: The county personnel board as defined in the Charter of Montgomery County, Maryland.

  County service: Employment with the county government or any agency whose employees participate as members of this retirement system, and full-time or career part-time service with another agency by the incumbent of a position brought under the county's merit system without a break in service.

  Department, office or agency head: The administrative head of a department or principal office of the county government and of each fire department, rescue squad and other participating agency or political subdivision.

  Domestic partner: A person who was registered as the domestic partner of a member with the Office of Human Resources on or before June 27, 2016 in a domestic partnership that did not end before the member’s death.

  Elected official: The sheriff, the state's attorney, and any county official elected for a fixed term as specifically provided in the Charter.

  Elected officials' plan: The defined contribution plan that the county establishes for elected officials.

  Elected officials' participant: A member who is participating in the elected officials' plan.

  Elected officials' participant contributions: The contributions by an elected officials' participant to the elected officials' plan required under subsection 33-39(a)(3) ("required elected officials' participant contributions") and permitted under subsection 33-39(d) ("voluntary elected officials' participant contributions").

  Employee: Any eligible elected or appointed official and any full-time or career part-time employee of the County, or of a participating agency or political subdivision.

  Employee organization: An employee organization defined in Section 33-76 that is certified under Section 33-79 or an employee organization defined in Section 33-102(5) that is certified under Section 33-106.

  Fiduciary: A person who:

    (1)   exercises discretionary authority to manage a retirement system;

    (2)   exercises authority to invest or manage assets of a retirement system;

    (3)   renders investment advice for a fee or other compensation about assets of a retirement system or has authority or responsibility to render that advice; or

    (4)   is a trustee on the Board of Investment Trustees.

  However, an investment manager of an investment vehicle is only a fiduciary if it holds plan assets as defined under the Employee Retirement Income Security Act (ERISA) and its corresponding regulations.

  Final earnings: Except as otherwise provided, the regular earnings of a member as of the last date of active service.  Final earnings for a member who filed an application for disability benefits under Section 33-43 before May 19, 2010 that is approved after June 30, 2010 must be the member’s regular earnings on the last pay period in fiscal year 2010.

  Firefighter/Rescuer Bargaining Unit: The collective bargaining unit described in Section 33-148 that includes certain non-supervisory employees in the Firefighter/Rescuer series employed by the Department of Fire and Rescue Services.

  Guaranteed retirement income plan: A retirement plan that provides retirement benefits based on retirement credits and a guaranteed rate of interest on those credits.

  Guaranteed retirement income plan account: A recordkeeping account, consisting of required member contributions under Section 33-39(a)(4), County contribution credits under Section 33-40(e) and the guaranteed credited interest on those contributions.

  Guaranteed retirement income plan account balance: The balance credited to the retirement accounts of each participant under the guaranteed retirement income plan, determined without regard to vesting.

  Integrated retirement plan: A retirement plan that provides full retirement benefits until the member is eligible for full social security retirement benefits and supplemental benefits thereafter.

  Investment funds: The separate investment funds the County establishes to permit elected officials' participants to invest their account balances in the elected officials' plan.

  Investment manager: A person or entity who exercises discretion to manage all or part of the assets of an institutional investor.

  Maximum covered compensation level: The maximum dollar amount of earnings upon which social security benefits are based, assuming: (1) an employee's annual compensation was or will be at least equal to the taxable wage base each calendar year for a 35-year period through the year in which the employee attains social security retirement age; (2) the employee worked in employment covered by the federal social security act during each of the above mentioned calendar years; and (3) the taxable wage base remains constant from calendar year of termination or retirement to attainment of social security retirement age in this determination.

  Member: An employee or official of the County government or of a participating agency or political subdivision who is contributing to this retirement system.

  Member contributions: The contributions required under Section 33-39 from a member, including amounts deducted from the member’s compensation, and picked-up contributions made on or after July 1, 1989.

  Membership: the period of time that a member is enrolled and has contributed to the Employees’ Retirement System.

  Normal working time: The number of hours a member would be expected to work in a yearly period including paid authorized leave as may be provided in the personnel regulations. In the case of part-time career member, such "normal working time" will be whatever scheduled work time may be set forth as a condition of the member's appointment.

  Office, Professional and Technical Bargaining Unit: The collective bargaining unit described in Section 33-105(a)(1) which includes certain employees in eligible classes associated with office, professional, paraprofessional, and technical functions.

  Optional retirement plan: A retirement plan that provides retirement benefits independent of social security retirement benefits.

  Participant: A person who has a benefit under the optional plan, the integrated plan, the elected officials’ plan, or the guaranteed retirement income plan.

  Part-time employee: Any employee working less than the normal scheduled work week for full-time employees, on a continuing basis.

  Picked-up contributions: The contributions picked up by the County or a participating agency under Sections 33-39(a)(1), 33-39(a)(2), 33-39(a)(3), or 33-39(a)(4).

  Plan Year: The 12-month period on the basis of which the books and records of the retirement system are maintained. The plan year of the retirement system is the same as the County fiscal year.

  Police Bargaining Unit: The collective bargaining unit defined in Section 33-76 which includes non-supervisory sworn County police officers.

  Police Telecommunicator: An employee assigned to a position in a supervisory or nonsupervisory occupational class in the Police Telecommunicator occupational series.

  Prior service: County service rendered prior to the date of the establishment of the retirement system or qualified County service rendered prior to membership in the retirement system.

  Public safety employee: An employee who is a:

    (1)   sworn officer of the Police Department;

    (2)   paid firefighter, paid fire officer, or paid rescue service worker of the Montgomery County Fire and Rescue Service;

    (3)   sworn deputy sheriff;

    (4)   correctional officer; or

    (5)   County employee who provides services to a correctional facility and designated as a public safety employee by the Chief Administrative Officer.

  Regular earnings: Except as otherwise provided, gross pay for actual hours worked, including paid leave, but not including overtime.  To calculate regular earnings, for FY10 only, a Group A, E, or H member who is employed on July 1, 2009 and participates in the integrated or optional plan must include amounts as if the member had received an increase of 4.5% in the member’s gross pay as of July 1, 2009, except for the purpose of calculating a member’s contribution under Section 33-39.  To calculate regular earnings, for FY10 only, for a Group F member who is employed on July 1, 2009 and participates in the integrated or optional plan must include amounts as if the member had received an increase of 4.25% in the member’s gross pay as of July 1, 2009, except for the purpose of calculating a member’s contribution under Section 33-39.  To calculate regular earnings, for FY10 only, for a Group G member who is employed on July 1, 2009 and participates in the integrated or optional plan must include amounts as if the member had received an increase of 4% in the member’s gross pay as of July 1, 2009, except for the purpose of calculating a member’s contribution under Section 33-39.  If a member is required to take any furlough, as defined in personnel regulations adopted under Section 33-7(b), or a collective bargaining agreement, regular earnings must include any amount the member would have received if the member had not been required to take any furlough.  Regular earnings for an elected official is gross pay for services rendered to the County.  Regular earnings must not exceed the limit under Internal Revenue Code Section 401(a)(17), as adjusted by the Internal Revenue Service. For a member who first became a member in this retirement system before July 1, 1996, the limits in effect before July 1, 1993, and as adjusted by the Internal Revenue Service, shall continue to apply.  Gross pay must be used to determine benefits even if the County implements a pick-up plan under Section 414 of the Internal Revenue Code. Gross pay must be used to determine benefits even if a member has agreed to a reduction in earnings under:

  (a)   The County's deferred compensation plan under Section 457 of the Internal Revenue Code; or

  (b)   Any statutory fringe benefit program sponsored by the County and permitted by the Internal Revenue Code.

  Retired member: Any member who is receiving retirement benefits.

  Retirement accounts: The accounts, consisting of a required elected officials' participant contributions account, a voluntary elected officials' participant contributions account, and a County elected officials' contributions account, the Board establishes for each elected officials' participant. Investment of the assets of these retirement accounts may be accounted for by maintaining pro rata accounts of a commingled fund or by maintaining separate and distinct accounts for each elected officials' participant. If the Board establishes pro rata accounts, the Board may make the allocation of realized and unrealized gains and losses using the ratio that the account balance of an elected officials' participant bears to the account balances of all elected officials' participants as of the previous valuation date. If the Board establishes separate and distinct accounts, the Board must determine the value of the individual account solely with respect to the activity within each elected officials' participant's account and the valuation must not be affected by the activity of an account of another elected officials' participant.

  Retirement savings plan: The defined contribution retirement plan provided in Article VIII for eligible employees of Montgomery County and participating agencies.

  Retirement system: The employees' retirement system of Montgomery County, as provided in this Article.

  Service, Labor and Trades Bargaining Unit: The collective bargaining unit described in Section 33-105(a)(2) which includes certain employees in eligible classes that are associated with service/maintenance and skilled crafts.

  Social security retirement age: The age used as the retirement age for full (unreduced) benefits under the Federal Social Security Act as follows:

  (a)   Age 65 with respect to an employee who attains age 62 before January 1, 2000;

  (b)   Age 66 with respect to an employee who attains age 62 after December 31, 1999 and before January 1, 2017; and

  (c)   Age 67 with respect to an employee who attains age 62 after December 31, 2016.

  Social security retirement age for members who retire or qualify for discontinued service under Section 33-45(d) and (e) before July 1, 1989, is age 65. Social security retirement age for members who are elected officials on July 1, 1989, is age 65 until December 2, 1990, and thereafter is the age set forth in this definition, as appropriate.

  Social security wage base: For any particular year, the maximum amount of earnings creditable for benefit computation purposes under the old age, survivors, and disabilities insurance program established by the Federal Social Security Act.

  Spouse: Only the husband or wife of a member.

  Valuation date: The last business day of March, June, September and December of each year, and any other date the Board establishes for determining the fair market value of the assets of the elected officials' plan.

**Sec. 33-36. Establishment.**

  (a)   Effective date. A retirement system is hereby established, effective August 15, 1965.

  (b)   Coverage generally. The primary purpose of this retirement system is to provide a pension and other benefits for full-time and career part-time paid employees of the county, the Montgomery County Employees Federal Credit Union, fire department, rescue squads, office of the state's attorney, office of the sheriff, office of the board of supervisors of elections, housing opportunities commission, agencies supported or financed in whole or in part by taxes levied by the county council, agencies supported by bond issues underwritten by the county, and political subdivisions of the county. Any agency or political subdivision desiring coverage for its employees may make a written request to the county personnel board for approval. No liability shall accrue to the county by the inclusion of other than county employees. Each participating agency or political subdivision shall be fully responsible for the cost of coverage for its employees and any necessary costs for administrative services provided.

  (c)    Name of retirement system. The retirement system shall be known as the "employees' retirement system of Montgomery County," and it shall have the powers and privileges of a corporation.

  (d)   Uniformed Services Employment and Reemployment Rights Act. Notwithstanding the provisions of any plan, the County must provide rights, contributions, benefits, and service credit for qualified military service according to Section 414(u) of the Internal Revenue Code, including subsection 414(u)(12).

#### Division 2. Eligibility and Qualifications.

**Sec. 33-37. Membership requirements and membership groups.**

  (a)    Full-time employees.

    (1)   A full-time employee of the County or participating agency must become a member of a County retirement plan as a condition of employment, when the employee meets the applicable eligibility requirements, if the employee waives all rights of membership under any other retirement system supported in whole or in part by the State, a political subdivision of the State, or the County.

    (2)   A part-time employee who becomes a full-time employee and is not an active member of any County retirement plan must become an active member of:

      (A)   the integrated retirement plan, if the employee is eligible for membership in the integrated plan;

      (B)   the Retirement Savings Plan, if the employee satisfies the requirements for membership in Group I or II, even if the employee did not begin or return to County service on or after October 1, 1994 and participates as described in Section 33-115; or

      (C)   the guaranteed retirement income plan if the employee is eligible for membership and participates as described in subsection (k).

    (3)   A temporary employee who becomes a full-time employee must become an active member of:

      (A)   the integrated plan, if the employee is eligible for membership in the integrated plan;

      (B)   the Retirement Savings Plan, if the employee satisfies the requirements for membership in Group I or II, even if the employee did not begin or return to County service on or after October 1, 1994 and participates as described in 33-115; or

      (C)   the guaranteed retirement income plan if the employee is eligible for membership and participates as described in subsection (k).

  (b)    Part-time employees.

    (1)   A part-time employee of the County or participating agency may become a member of a County retirement plan if the employee waives all rights of membership under any other retirement system supported in whole or in part by the State, a political subdivision of the State, or the County. Membership is effective on the date the employee's application for membership is approved.

    (2)   A part-time employee who is not an active member of a retirement plan may become a member of either:

      (A)   the integrated plan, if the employee is eligible for membership in the integrated plan;

      (B)   the Retirement Savings Plan if the employee satisfies the requirements for membership in Group I or II, even if the employee did not begin or return to County service on or after October 1, 1994 and elects to participate as described in Section 33-115; or

      (C)   the guaranteed retirement income plan if the employee is eligible for membership and elects to participate as described in subsection (k).

    (3)   A part-time employee who withdraws from active membership in a County retirement plan may not become an active member again unless the employee becomes a full-time employee or an elected official.

    (4)   An employee who becomes a member of the integrated plan may not withdraw from active membership except by transferring to the Retirement Savings Plan under Section 115(c)(2).

    (5)   A full-time employee who becomes a part-time employee may withdraw from active membership in the optional, integrated, or guaranteed retirement income plan and stop making retirement contributions, but must not become an active member of a County retirement plan again unless the employee becomes a full- time employee or an elected official.

  (c)    Appointed officials. Each person appointed by the Executive or Council to head a principal department or office of the County government must be subject to all regulations and laws governing full-time members of the retirement system.

  (d)   Hearing Examiners.  Any person appointed by the Executive or Council to serve as a hearing examiner must be treated as a full-time employee under the laws and regulations governing members of the retirement system if that person serves full time as a hearing examiner, and must be treated as a part-time employee under the laws and regulations governing members of the retirement system if that person serves less than full time as a hearing examiner.

  (e)    Retirement plans.

    (1)   This retirement system consists of an integrated retirement plan, an optional retirement plan, an elected officials' plan, and a guaranteed retirement income plan.

    (2)   An employee enrolled or re-enrolled on or after July 1, 1978, and before October 1, 1994, is a member of the integrated retirement plan unless the employee becomes a member of the Retirement Savings Plan through transfer or election.  An employee enrolled before July 1, 1978, may be a member of the optional retirement plan, the integrated retirement plan, or the Retirement Savings Plan. A member’s decision to transfer from the optional retirement plan or the integrated retirement plan is irrevocable.  A former County employee who returns to County service is a member of the plan in which the employee was enrolled when the employee left County service if the employee:

      (A)   was vested under Section 33-45 when the employee left County service;

      (B)   left all member contributions plus credited interest in the fund;

      (C)   returned to County service within 25 months; and

      (D)   did not transfer to the Retirement Savings Plan.

    (3)

      (A)   If the County or a participating agency withdraws from Social Security, each member of the integrated retirement plan must have an opportunity to re-enter the optional retirement plan after repaying the prior refund and any difference in member contributions required for the period of membership in the integrated retirement plan.  Any additional contributions must not be treated as picked-up contributions.

      (B)   The Chief Administrative Officer may treat a member as if the member had been in the optional retirement plan since the beginning of the member’s entry into the retirement system if the member is:

        (i)   employed by a participating agency; and

        (ii)   a member of the integrated plan; but not covered by Social Security during the period of employment by the participating agency.

        The Chief Administrative Officer may require additional member contributions and participating agency contributions.

    (4)

      (A)

        (B)

          (C)

            (k)

              (5)   Except as provided in subparagraphs (B), (C), and Subsection (k)(5), any individual who becomes an elected official must become a member of the elected officials' plan on the date the individual becomes an elected official.

      (B)   If an individual was an active member of a County retirement plan, including an employee on leave without pay, before becoming an elected official, the individual may choose to continue or return to participate in the retirement plan in which the individual participated before becoming an elected official, subject to the eligibility and transfer rules set out in this subsection and subsection (f).

      (C)   An individual who chooses to continue to participate in a County retirement plan in which the individual participated before becoming an elected official must not participate in the elected official’s plan.

    (5)

      (A)

        (4)

          (B)   An elected official who chooses to continue to participate in another County retirement plan under paragraph (4)(B) may become a member of the elected officials' plan at any time while an elected official after terminating participation in the other plan.

      (B)   An individual who chooses to become a member of the elected officials’ plan under subparagraph (A) retains the individual's rights under the plan in which the individual was a  member before becoming a member of the elected officials’ plan, except for disability, but is not entitled to a refund of contributions from that plan. The disability benefits of an individual who chooses to become a member of the elected officials’ plan under subparagraph (A) are provided in article VIII. The individual's vested rights under the elected officials' plan must be determined based on the individual's total credited service, which includes service in the prior plan. The amount of the individual's retirement benefit under the prior plan must be determined based only on credited service while participating in the prior plan. However, the individual's regular earnings until retirement or other termination of service with the County or a participating agency must be used in determining final average earnings for purposes of determining the amount of the retirement benefit under the prior plan.

      (C)   The Executive must adopt regulations under method (3) to allow an eligible individual to make the choice authorized by subparagraph (A).

    (6)   A former County employee who returns to County service may transfer to the retirement savings plan or to the guaranteed retirement income plan the actuarial present value of the employee’s benefit in the optional plan or integrated plan, calculated using the latest published valuation assumptions, as of the date the employee returns to County service, if the employee:

      (A)   was vested under Section 33-45 when the employee left County service;

      (B)   left all member contributions plus credited interest in the fund;

      (C)   left County service before October 1, 1994; and

      (D)   did not return to County service within 25 months.

  (f)    Membership groups and eligibility. Any full-time or part-time employee is eligible for membership in the appropriate membership group if the employee meets all of the requirements for the group:

    (1)   Group A: An employee, elected official, or appointed official not eligible for membership in another group is a group A member. An employee who otherwise would be eligible for membership in group A must participate in the guaranteed retirement income plan or the retirement savings plan if the employee:

      (A)   begins, or returns to, County service on or after October 1, 1994 (except as provided in the last sentence of subsection (e)(2));

      (B)   is not represented by an employee organization;

      (C)   does not occupy a bargaining unit position; and

      (D)   is not an elected official (except as provided in subsection (e)(4)(D)(ii)).

    (2)   Group B: Any correctional officer, fire prevention officer or deputy sheriff, appointed or promoted to the position on or before June 30, 1978, who has not elected to transfer to any other membership group. Any correctional officer, fire prevention officer or deputy sheriff who is a group A member as of June 30, 1978, may elect to retain membership therein.

    (3)   Group D: Any full-time police officer appointed on or before August 15, 1965, who has been continuously employed as a police officer and has not elected to transfer to any other membership group.

    (4)   Group E: The Chief Administrative Officer, the Executive Director of the Office of the County Council, the hearing examiners, the County Attorney and each head of a principal department or office of the County government, if appointed to that position before July 30, 1978, or a member having held that position on or before October 1, 1972. Any sworn deputy sheriff or uniformed County correctional officer in the position of Correctional Officer I, Correctional Officer II, Correctional Officer III, Correctional Dietary Officer I, Correctional Dietary Officer II, Resident Supervisor I, Resident Supervisor II, Resident Supervisor III, Correctional Supervisor-Sergeant, Correctional Dietary Supervisor, Correctional Shift Commander-Lieutenant, Correctional Unit Commander-Captain, Deputy Warden, or Warden, or the following positions in the Emergency Communications Center: Public Safety Emergency Communications Specialist I, Public Safety Emergency Communications Specialist II, Public Safety Emergency Communications Specialist III, Public Safety Emergency Communications Specialist IV, Senior Public Safety Emergency Communications Specialist, Public Safety Communications Supervisor, Public Safety Emergency Communications Manager, or Emergency Communications MLS Manager II and III. Any Group E member who has reached elective early retirement date may retain membership in Group E if the member transfers from the position which qualified the member for Group E. Any Group E member who is temporarily transferred from the position which qualified the member for Group E may retain membership in Group E as long as the temporary transfer from the Group E position does not exceed 3 years. Notwithstanding the foregoing provisions in Group E, any employee who is eligible for membership in Group E must participate in the guaranteed retirement income plan or the retirement savings plan under Article VIII if the employee:

      (A)

        (i)

          (e)

            (2)   begins, or returns to, County service on or after October 1, 1994 (except as provided in the last sentence of subsection (e)(2));

        (ii)   is not represented by an employee organization; and

        (iii)   does not occupy a bargaining unit position; or

      (B)

        (i)   begins County service on or after October 1, 1994; and

        (ii)   is subject to the terms of a collective bargaining agreement between the County and an employee organization which requires the employee to participate in the guaranteed retirement income plan or the retirement savings plan.

    (5)   Group F: sworn police officers.

      (A)   A group F member who has reached elective early retirement date may retain membership in group F if the member is transferred from the position that qualified the member for group F membership.

      (B)   A group F member who is temporarily transferred from the position that qualified the member for group F membership may retain membership in group F as long as the temporary transfer from the group F position does not exceed 3 years.

      (C)   Notwithstanding the foregoing provisions in group F, an employee who is eligible for membership in group F must participate in the retirement savings plan under Article VIII or the guaranteed retirement income plan if the employee:

        (i)   begins, or returns to, County service on or after October 1, 1994 (except as provided in the last sentence of subsection (e)(2));

        (ii)   is not represented by an employee organization; and

        (iii)   does not occupy a bargaining unit position.

      (D)   An employee who is eligible for membership in group F must participate in the retirement savings plan under Article VIII if the employee:

        (i)   begins County service on or after October 1, 1994; and

        (ii)   is subject to the terms of a collective bargaining agreement between the County and an employee organization that requires the employee to participate in the retirement savings plan.

      (E)   A group F member who is a member of the Police Bargaining Unit may transfer to the retirement savings plan under Article VIII if the employee has accumulated enough credited service to obtain the maximum retirement benefit under the optional or integrated plan.

    (6)   Group G: Any paid firefighter, paid fire officer, and paid rescue service personnel. Any group G member who has reached normal retirement may retain membership in group G if the member transfers from the position which qualified the member for group G. Any group G member who is temporarily transferred from the position which qualified the member for Group G may retain membership in group G as long as the temporary transfer from the group G position does not exceed 3 years.

      (A)   Notwithstanding the foregoing provisions in group G, any employee who is eligible for membership in group G must participate in the retirement savings plan under Article VIII if the employee:

        (i)    begins County service on or after October 1, 1994; and

        (ii)   is subject to the terms of a collective bargaining agreement between the County and an employee organization which requires the employee to participate in the retirement savings plan.

      (B)   An employee who is eligible for membership in group G must participate in the retirement savings plan under Article VIII or the guaranteed retirement income plan if:

        (i)   the employee begins, or returns to, County service on or after October 1, 1994 (except as provided in the last sentence of subsection (e)(2);

        (ii)   is not represented by an employee organization; and

        (iii)   does not occupy a bargaining unit position.

    (7)   Group H: Any member, including any probationary employee, who holds a bargaining unit position described in section 33-105(a)(1) or section 33-105(a)(2), unless the member is eligible for membership in group B or E. Notwithstanding the foregoing provisions in group H, any employee who is eligible for membership in group H must participate in the guaranteed retirement income plan or the retirement savings plan under Article VIII if the employee:

      (A)   begins, or returns to, County service on or after October 1, 1994 (except as provided in the last sentence of subsection (e)(2)); and

      (B)   is subject to the terms of a collective bargaining agreement between the County and an employee organization which requires the employee to participate in the guaranteed retirement income plan or the retirement savings plan.

    (8)   Group J: Any County member who works in a correctional facility or the Emergency Communications Center and due to the required duties of the member’s position, is designated by the Chief Administrative Officer. Any Group J member who has reached elective early retirement date may retain membership in Group J if the member transfers from the position which qualified the member for Group J. Any Group J member who is temporarily transferred from the position which qualified the member for Group J may retain membership in Group J as long as the temporary transfer from the Group J position does not exceed 3 years. Notwithstanding the foregoing provisions in Group J, any employee who is eligible for membership in Group J must participate in the guaranteed retirement income plan or the retirement savings plan under Article VIII if the employee:

      (A)

        (i)

          (e)

            (2)   begins, or returns to, County service on or after October 1, 1994 (except as provided in the last sentence of subsection (e)(2));

        (ii)   is not represented by an employee organization; and

        (iii)   does not occupy a bargaining unit position; or

      (B)

        (i)   begins County service on or after October 1, 1994; and

        (ii)   is subject to the terms of a collective bargaining agreement between the County and an employee organization which requires the employee to participate in the guaranteed retirement income plan or the retirement savings plan.

  (g)    Transfer from one group to another. A member who elects to transfer from one membership group to another as a result of amendments to this Article must transfer by December 31, 1978, or forfeit this option. However, under paragraph 4, a group D member may transfer to group F at any time before the member's retirement date.  Additional contributions made as a result of the transfer must not be treated as picked-up contributions.

    (1)   Transfers From Group A to Group E, F, G, H, or J. Whenever a group A member transfers to a position which is qualified for membership in group E, F, G, H, or J, the retirement service credits earned as a group A member must be used for the purpose of qualifying for retirement. Except for the contribution rate increase as of the effective date of transfer, there will be no additional charges levied on any member who is transferred prior to July 1, 1970. Any member who transfers after July 1, 1970, in addition to paying the contribution rate increase as of the effective date of transfer, must pay the additional amount of contributions that would have been paid as a member of group E, F, G, H, or J from July 1, 1970, or hire date, if later, plus interest at the rate of 6 ½  percent per annum to date of full payment.

    (2)   Transfers From Group B, D, E, F, G, or J to Group A or H. Whenever a group B, D E, F, G, or J member transfers to a position which is qualified for membership in group A or H, the retirement service credits earned as a group B, D, E, F, G, or J member must be used for the purpose of qualifying for retirement as a group A or H member. The rate of contribution must be decreased as of the date of transfer, and the difference in member contributions must not be refunded. Notwithstanding any other provision of this Article, any group E, F, or J member who has not met the elective early retirement date and who transfers to group A or H must receive credited service at the rate of 1.25 years of service for each full year of service as a member of group E, F, or J.  Notwithstanding any other provision of this Article, any group G member who has not met the normal retirement date and who transfers to group A or H must receive credited service at the rate of 1.25 years of service for each full year of service as a member of group G.

    (3)   Transfers From Group B to Group E, F, G, or J. Whenever a group B member transfers to a position which is qualified for membership in group E, F, G, or J, the retirement date must be adjusted accordingly. Except for the contribution rate increase as of the effective date of transfer, there must be no additional charges levied on any member who transferred on or before July 1, 1970. Any member who transfers after July 1, 1970, in addition to paying the contribution rate increase as of the effective date of transfer, must pay the additional amount of contributions that would have been paid as a member of group E, F, G, or J from July 1, 1970, or hire date, if later, plus interest at the rate of 6 ½ percent per annum to date of full payment.

    (4)   Transfers From Group D to Group E, F, G, or J. A group D member may transfer to group E, F, G, or J and the retirement service credits earned as a group D member must be used for the purpose of qualifying for retirement under group E, F, G, or J. Except for the contribution rate increase as of the effective date of transfer, there will be no additional charges levied on any member who transferred on or before July 1, 1970. Any member who transfers after July 1, 1970, in addition to paying the contribution rate increase as of the effective date of transfer, must pay the additional amount of contributions that would have been paid as a member of group E, F, G, or J from July 1, 1970, plus interest at the rate of 6 ½ percent per annum to date of full payment.

    (5)   Transfers From Group H to Group A, E, F, G, or J. A group H member may transfer to group A, E, F, G, or J and the retirement service credits earned as a group H member must be used for the purpose of qualifying for retirement under group A, E, F, G, or J. Any member who transfers on or after July 1, 1989, in addition to paying the contribution rate increase as of the effective date of transfer, must pay the additional amount of contributions that would have been paid as a member of group A, E, F, G, or J from July 1, 1970, or hire date, if later, plus interest at the rate of 6 ½ percent per annum to date of full payment.

  (h)    Requirements of membership. Unless specifically exempt from membership by the chief administrative officer, each full-time employee of the county government or a participating agency must become a member or forfeit employment when the employee meets the eligibility requirements. If the administrative head of a participating agency does not enforce this provision, any new employee of the agency must not be enrolled as a member.

  (i)    Transfers to the Retirement Savings Plan.  Any member in the optional retirement plan or in the integrated retirement plan may elect to participate in the Retirement Savings Plan under Article VIII if the member otherwise qualifies for participation under Section 33-115, even if the member did not begin County service on or after October 1, 1994.  If an employee transfers from the optional retirement plan or the integrated plan to the Retirement Savings Plan:

    (1)   transfers must not be made before April 1, 1995;

    (2)   the election to transfer to the retirement savings plan is irrevocable;

    (3)   the member's credited service for purposes of vesting in the optional retirement plan or the integrated plan must include the member's years of credited service earned while participating in the retirement savings plan;

    (4)   the amount of the member's benefit under the optional retirement plan or the integrated plan must not be increased by the member's credited service earned while participating in the retirement savings plan; and

    (5)   the member's retirement benefit under the optional retirement plan or the integrated plan must be determined using the regular earnings of the member during the applicable years preceding the member's transfer to the retirement savings plan.

    (6)   the amount of sick leave used for credited service under Section 33-41(f) must not exceed the amount of sick leave accumulated on the date the employee transferred to the Retirement Savings Plan, or the amount accumulated on the effective date of the employee’s retirement or separation from County service, whichever is less.

  (j)   Election to join the Retirement Savings Plan.  An employee who is eligible for membership in the integrated retirement plan but who chooses to become a member of the Retirement Savings Plan must remain a member of the Retirement Savings Plan until the employee becomes ineligible for membership in Group I or II.

  (k)   Eligibility for the guaranteed retirement income plan.

    (1)   A full time or part time employee hired on or after October 1, 1994 and before January 1, 2009 who participates in the retirement savings plan and who is not a public safety employee as defined in Section 33-113(o) may make a one time irrevocable election to terminate participation in the retirement savings plan and participate in the guaranteed retirement income plan, effective the first full paycheck after July 1, 2009.  An employee must make this election between December 31, 2008 and June 1, 2009.  An employee who makes this election must have his or her retirement savings plan account balance transferred to the guaranteed retirement income plan.  The amount transferred into the guaranteed retirement income plan must become the participant’s initial guaranteed retirement income plan account balance.  An employee who does not make this election must continue to participate in the retirement savings plan.

    (2)   A full time or part time employee hired between December 31, 2008 and July 1, 2009 who participates in the retirement savings plan and who is not a public safety employee as defined in Section 33-113(o) may make a one time irrevocable election to terminate participation in the retirement savings plan.  An employee has 150 days after the date the employee was hired to make this election and must begin participation on the first full payroll after completing 180 days of employment.  An employee who makes this election must have his or her retirement savings plan account balance transferred to the guaranteed retirement income plan.  The amount transferred into the guaranteed retirement income plan must become the participant’s initial guaranteed retirement income plan account balance.  An employee who does not make this election must continue to participate in the retirement savings plan.

    (3)   An eligible full-time employee hired on or after July 1, 2009 and before July 1, 2015, and a part time or temporary employee who becomes full time on or after July 1, 2009 and before July 1, 2015, who does not participate in the retirement savings plan, may elect to participate in the guaranteed retirement income plan.  An eligible employee must make an irrevocable election during the first 150 days of full time employment.  If an eligible employee elects to participate, participation must begin on the first pay period after an employee has completed 180 days of full time employment.  An employee who does not participate in the guaranteed retirement income plan must participate in the retirement savings plan beginning on the first pay period after the employee completes 180 days of full time employment.

    (4)   An eligible part time employee who does not participate in the retirement savings plan may make a one time irrevocable election to participate in the guaranteed retirement income plan after the employee completes at least 150 days of employment.  Participation must begin on the first full pay period beginning 30 days after the employee makes the election.

    (5)   An eligible full-time or part-time public safety employee hired on or after October 1, 1994 and before January 1, 2009 who participates in the retirement savings plan may make a one time irrevocable election to terminate participation in the retirement savings plan and participate in the guaranteed retirement income plan, effective the first full pay period after December 31, 2009.  An employee must make this election between October 1, 2009 and December 1, 2009.  An employee who makes this election must have his or her retirement savings plan account balance transferred to the guaranteed retirement income plan.  The amount transferred into the guaranteed retirement income plan must become the participant’s initial guaranteed retirement income plan account balance.  An employee who does not make this election must continue to participate in the retirement savings plan.

    (6)   An individual who is an elected official after December 6, 2010 who participates in the elected officials’ plan may make a one-time irrevocable decision to terminate participation in the elected officials’ plan and participate in the guaranteed retirement income plan.  An elected official must make this decision during the first 150 days after becoming an elected official.  If an eligible elected official decides to participate, participation must begin on the first pay period after the elected official has been in office for 180 days.  An elected official who decides to participate must have his or her elected officials’ plan account balance transferred to the guaranteed retirement income plan.  The amount transferred into the guaranteed retirement income plan must become the participant’s initial guaranteed retirement income plan account balance.  An elected official who does not participate in the guaranteed retirement income plan must continue to participate in the elected officials’ plan.

    (7)   A member of the Office, Professional and Technical (OPT) or the Service, Labor and Trades (SLT) collective bargaining unit of the County government must participate in the guaranteed retirement income plan unless the employee makes a one-time irrevocable election to participate in the retirement savings plan during the first 150 days of employment, if the employee:

      (A)   is hired as a full-time employee on or after July 1, 2015;

      (B)   is a part time employee who does not participate in the retirement savings plan and becomes a full-time employee on or after July 1, 2015; or

      (C)   is hired as a part time employee on or after July 1, 2023, and does not elect to forego participation in either the guaranteed retirement income plan or the retirement savings plan.

Participation must begin on the first pay period after an employee has completed 180 days of full time employment.

    (8)   On or after July 1, 2015, an eligible full-time employee or a part-time or temporary employee who becomes a full-time employee in a position that is not within a bargaining unit or an eligible employee of a participating agency must participate in the retirement savings plan unless the employee makes a one-time irrevocable election to participate in the guaranteed retirement income plan during the first 150 days of full time employment. If the employee elects to participate, participation must begin on the first pay period after an employee has completed 180 days of full-time employment. A part-time employee who participates in either the retirement savings plan or the guaranteed retirement income plan when the employee becomes a full-time employee must continue to participate in the same retirement plan.

    (9)   An individual who changes employment from the County government to a participating agency or from a participating agency to the County government must continue to participate in his or her retirement plan and is not eligible to make an election.

**Sec. 33-38. Normal retirement date, mandatory retirement date, early retirement date, and trial retirement.**

  (a)    Normal retirement date. The normal retirement date is the first day of the month elected by a member after the member meets the years of service and age requirements for the applicable membership group.  For normal retirement:

    (1)   Group A:

      (A)   The member must have at least:

        (i)   5 years of credited service and be at least age 60; or

        (ii)   30 years of credited service and be at least age 55.

      (B)   After June 30, 2002, a Group A member who is a Police Telecommunicator must have at least:

        (i)   5 years of credited service and be at least age 60; or

        (ii)   30 years of credited service and be at least age 50.

    (2)   Group B: The member must have at least:

      (A)   15 years of credited service and be at least age 55; or

      (B)   30 years of credited service and be at least age 51.

    (3)   Group D: The member must meet the requirements of the County police relief and retirement fund law.

    (4)   Group E: The member must have at least:

      (A)   15 years of credited service and be at least age 55; or

      (B)   25 years of credited service and be at least age 46.

    (5)   Group F: The member must have at least:

      (A)   15 years of credited service and be at least age 55; or

      (B)   25 years of credited service.

    (6)   Group G: The member must have at least:

      (A)   15 years of credited service and be at least age 55; or

      (B)   20 years of credited service regardless of age.

    (7)

      (A)   Group H: The member must have at least:

        (i)   5 years of credited service and be at least age 60; or

        (ii)   30 years of credited service and be at least age 55.

      (B)   After June 30, 2002, a Group H member who is a Police Telecommunicator must have at least:

        (i)   5 years of credited service and be at least age 60; or

        (ii)   30 years of credited service and be at least age 50.

      (C)   After June 30, 2002, a Group H member who is also an SLT bargaining unit member must have at least:

        (i)   5 years of credited service and be at least age 60; or

        (ii)   30 years of credited service and be at least age 50.

    (8)   Group J: The member must have at least:

      (A)   15 years of credited service and be at least age 55; or

      (B)   25 years of credited service and be at least age 46.

    (9)   An elected officials’ participant or an elected official who participates in the guaranteed retirement income plan must have at least the lesser of a full term of office or 4 years of credited service and be at least age 62.

    (10)   A guaranteed retirement income plan participant, except an elected official, must be at least age 62 with 3 years of credited service.

  (b)    Retirement date election. A member other than a Group F member must submit written application for retirement at least 30 days before the date elected. A Group F member must submit a written application for retirement at least 14 days before the date elected. In extenuating circumstances, the Chief Administrative Officer may waive this requirement.

  (c)    Early retirement date.

    (1)   A member, other than a group G member, who has not met the age and service requirements for a normal retirement may elect to receive pension payments beginning on an early retirement date the first day of a month after the following requirements are met:

      (A)   the group A member has at least 15 years of credited service and has reached age 50, or has at least 20 years of credited service and has reached age 45;

      (B)   the group B member has at least 15 years of credited service and has reached age 45;

      (C)   the group E member has at least 15 years of credited service and has reached age 45, or has at least 20 years of credited service and has reached age 41;

      (D)   the group F member has at least 15 years of credited service and has reached age 45, or has at least 20 years of credited service and has reached age 41;

      (E)   the group H member has at least 15 years of credited service and has reached age 50, or has at least 20 years of credited service and has reached age 45; or

      (F)   the group J member has at least 15 years of credited service and has reached age 45, or has at least 20 years of credited service and has reached age 41.

    (2)   A group G member is not eligible for an early retirement.

    (3)   A participant in the guaranteed retirement income plan is not eligible for early retirement.

  (d)    Trial retirement.

    (1)   A trial retirement under this subsection is not available to:

      (A)   an elected official;

      (B)   a non-merit appointed official;

      (C)   a member covered under a collective bargaining agreement, except a member of the Police Bargaining Unit;

      (D)   a non-County Government employee; or

      (E)   a member who participates in a retirement incentive program.

    (2)   A member who is eligible for normal retirement may retire on a trial basis for a period not to exceed 9 months.

    (3)   A member may retire on a trial basis only once.

    (4)   A member who wishes to retire on a trial basis must notify the Chief Administrative Officer in writing at least 30 days before the retirement date of the member's intention to retire on a trial basis.

    (5)   A member may elect to return to County service before the end of the nine- month trial retirement period by notifying the Chief Administrative Officer in writing at least 30 days before the member returns to service, under procedures adopted by the Chief Administrative Officer.

    (6)

      (A)   After the member notifies the Chief Administrative Officer that the member intends to return to County service, the Chief Administrative Officer must return the member to:

        (i)   the position the member held before retirement, if it is still available;

        (ii)   a position with an equivalent salary and grade in the same or another office of the County government; or

        (iii)   if the member was a member of the Police Bargaining Unit, to a position in the Department of Police with an equivalent salary and grade, when such a position becomes available.

      (B)   The member may accept a position with a lower salary or grade, but is not required to do so.

      (C)   If the member does not accept an offer of the position that the member held before retirement or a position with an equivalent salary and grade, the member is considered to have permanently retired.

    (7)   A member returning from trial retirement:

      (A)   Has the same rights and benefits as the member had before the trial retirement; and

      (B)   Receives a salary reflecting all cost-of-living adjustments granted to that position while the member was on trial retirement.

    (8)   When the Chief Administrative Officer receives notice of a member's intention to retire on a trial basis, the member must not be paid for accrued annual leave until:

      (A)   The member notifies the Chief Administrative Officer in writing that the member no longer intends to retire on a trial basis; or

      (B)   The member retires permanently.

**Sec. 33-38A. Deferred Retirement Option Plans.**

  The Chief Administrative Officer must establish Deferred Retirement Option Plans, or DROP plans, that allow any employee who is a member of a specified membership group or bargaining unit and who meets the eligibility requirements to elect to retire but continue to work.  Pension payments must not be paid to the member while the member participates in the DROP Plan.  When the member's participation in the DROP Plan ends, the member must stop working for the County, draw a pension benefit based on the member's credited service and earnings as of the date that the member began to participate in the DROP Plan, and receive the value of the DROP Plan payoff.

  (a)   DROP Plan for Group F members.  "Discontinued Retirement Service Program" or "DRSP" means the DROP program for Group F members.

    (1)   Eligibility.  A Group F member who has reached their normal retirement date may participate in the DRSP.

    (2)   Application requirements.  An eligible employee must apply at least 60 days before the employee becomes a participant.  An employee may withdraw a pending application within 2 weeks after submitting the application.

    (3)   Employee participation and termination.  The employee's participation in the DRSP must begin on the first day of a month that begins at least 60 days, but not more than 90 days, after the employee applied and must end 3 years after the employee begins to participate or at an earlier date chosen by the employee.  When the employee's participation in the program ends, the employee must stop working for the County and receive a pension benefit.

    (4)   Employment status.  An employee who participates in the program must continue to be a member of the retirement system, earn sick and annual leave, and remain eligible to participate in health and life insurance programs.

    (5)   Retirement date, retirement contributions, and credited service.  The retirement date of an employee who participates in the program is the date when the employee begins to participate in the DRSP, and neither the employee nor the County will make retirement contributions after that date.  An employee who wishes to purchase prior service must do so before the employee's participation in the program begins.  Sick leave in excess of 80 hours will be credited towards retirement at the beginning of the employee's participation.

    (6)   Pension benefits.

      (A)   Before an employee's participation begins, the employee must select a:

        (i)   pension payment option under Section 33-44 for the regular retirement pension payments; and

        (ii)   pension payment distribution option for the distribution of the employee's DRSP account.

      (B)   A pension benefit must not be paid to the employee while the employee participates in the program, but must be deposited in a DRSP account established for the participant by the County.  The participant must receive the account balance and the County must close the account within 60 days after the employee stops participating in the program.  Subject to any requirements of the Internal Revenue Code and other applicable law, the employee may roll over the account balance into an eligible retirement plan.

      (C)   An employee must direct the Board of Investment Trustees to allocate contributions to the employee's DRSP account to be invested in one or more of the investment funds selected by the Board.  The investment fund options selected by the Board must conform to all applicable requirements of the Internal Revenue Code.  An employee must allocate contributions among the investment funds in percentages of the value of the employee's DRSP account balances.  An employee's direction of investment must remain in effect until the employee changes the direction.  If an employee does not provide a valid direction of investment, the Board must select an appropriate investment option and invest the DRSP account balances not governed by a valid direction of investment in the investment option.

      (D)   After the employee's participation in the program ends, the employee's pension benefit will be based on:

        (i)   the employee's credited service immediately prior to the beginning of the employee's participation in the program, adjusted to include credit for unused sick leave under Section 33-41;

        (ii)   the employee's average final earnings, excluding earnings during the period of participation in the program; and

        (iii)   increases in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, during the period of the employee’s participation that would have resulted in an increase in the employee’s pension benefit if the employee had not been participating in the program.

    (7)   Disability retirement.  An employee may apply for disability retirement prior to the termination of the employee’s participation in the program.

      (A)   A DRSP participant who is eligible for a service-connected disability retirement must choose either:

        (i)   the retirement benefit under the DRSP and the DRSP account balance; or

        (ii)   the service-connected disability retirement benefit that the employee would have received if the employee had continued as an active employee and had not elected to participate in the DRSP, and no DRSP account balance.

      (B)   A DRSP participant who is eligible for a non-service-connected disability retirement benefit must receive the non-service-connected disability retirement benefit under Section 33-43(h), with the benefit calculated as of the member’s DRSP exit date, plus the DRSP account balance.

      (C)   If a DRSP participant ends participation in the program before a final decision is made on the disability retirement application, the DRSP account must not be distributed until a final decision is made.

    (8)   Death benefit.  If an employee dies during the employee’s participation in the program, the employee’s beneficiary will receive:

      (A)   the death benefit that the beneficiary would have received if the employee had retired on the date on which the employee began to participate in the program, adjusted under subsection (6)(D); and

      (B)   the balance of the employee’s DRSP account.

    (9)   DRSP account distribution options.  A member may have the balance of the DRSP account distributed as a lump sum or an annuity, or have some or all paid directly to an eligible retirement plan as a direct rollover distribution.  To the extent feasible, as determined by the Chief Administrative Officer, a member alternatively may receive the account balance as periodic payments calculated and distributed as an addition to the member’s regular retirement benefit.  If the member dies before the balance of the DRSP account is distributed, the beneficiary may receive distribution of the balance under any option described in this paragraph.

  (b)   DROP Plan for Group G members.

    (1)   Eligibility.  An employee who is a member of Group G and who has met the minimum requirements for a normal retirement may participate in the DROP Plan.

    (2)   Application requirements.  An eligible employee must apply at least 45 days before the employee becomes a participant.  An employee may withdraw a pending application within 2 weeks after submitting the application.

    (3)   Employee participation and termination.

      (A)   The employee’s participation in the DROP Plan must begin on the first day of a month that begins at least 45 days, but not more than 75 days, after the employee applied.

      (B)   A Group G member may participate in the DROP Plan for up to 36 months.  An employee who elects to stop participating before the end of the 36-month period must notify Fire and Rescue Services and the Office of Human Resources at least 60 days before stopping participation in the program.

      (C)   When the employee’s participation in the DROP Plan ends, the employee must stop working for the County and receive a pension benefit.

    (4)   Employment status.  A DROP Plan participant must continue to be a member of the retirement system, earn sick and annual leave, and remain eligible to participate in health and life insurance programs for employees while the member participates in the DROP Plan.

    (5)   Retirement date, retirement contributions, and credited service.

      (A)   The retirement date of a member who participates in the DROP Plan is the date when the employee begins to participate in the DROP Plan.

      (B)   The member will continue to make retirement contributions to the Optional Plan or Integrated Plan while participating in the DROP Plan.  The County must not make retirement contributions on behalf of the member after the date on which the member’s DROP Plan participation begins.

      (C)   Sick leave credited towards retirement at the beginning of the member’s participation will not be available for the member’s use after participation in the DROP Plan begins.

      (D)   A member who wishes to purchase prior service must do so before the member’s participation in the DROP Plan begins.

    (6)   Pension benefits.

      (A)   Before a member’s participation begins, the member irrevocably must choose a pension payment option under Section 33-44 for retirement pension payments.

      (B)   Pension benefits will not be paid to the member while the member participates in the DROP Plan.  Pension payments that are deferred while the member participates in the DROP Plan must not include cost- of-living increases under Section 33-44 that were given to retirees and beneficiaries during the period of the member’s participation in the DROP Plan.  The participant will receive the deferred pension payments when the member’s participation in the DROP Plan ends, or within 60 days after the member gives notice under paragraph (3)(B), whichever is later.

      (C)   After the member’s participation ends, the member’s pension benefit will be based on the member’s:

        (i)   credited service, including credit for unused sick leave, before the member’s participation in the DROP Plan began, adjusted to include credit for unused sick leave accrued during the period of DROP Plan participation; and

        (ii)   average final earnings, excluding earnings during the period of participation in the DROP Plan.

      (D)   The pension benefit that a member receives after the member’s participation in the DROP Plan ends must be adjusted to reflect cost-of- living adjustments under Section 33-44(c) that occurred during the period of the member’s participation in the DROP Plan, but the pension payments that are deferred during the participation period must not include cost-of-living adjustments.

    (7)   Disability retirement.

      (A)   A member may apply for disability retirement prior to the termination of the member’s participation in the DROP Plan.

      (B)   If the Chief Administrative Officer determines that a DROP participant is eligible for a service-connected disability retirement, the participant must elect to receive either:

        (i)   the retirement benefit under subsection (6)(C) and the DROP Plan payoff; or

        (ii)   the service-connected disability retirement benefit that the member would have received if the member had continued as an active employee and not elected to participate in the DROP Plan.

      (C)   A member who elects to receive a service-connected disability retirement must not receive the DROP Plan payoff.

      (D)   If the Chief Administrative Officer determines that a DROP participant is eligible for a non-service connected disability retirement, the participant must receive:

        (i)   the non-service connected disability retirement benefit provided under Section 33-43(h), with the benefit calculated as of the member’s DROP entry date; and

        (ii)   the DROP account balance.

      (E)   If a DROP participant ends participation in the program before a final decision is made on the disability retirement application, the DROP account must not be distributed until a final decision is made.

    (8)   Death benefit.  If a member dies during the member’s participation in the DROP Plan, the member’s beneficiary will receive the greater of:

      (A)   the death benefit that the beneficiary would have received if the member had retired on the date on which the member began to participate in the DROP Plan, calculated to reflect cost-of-living adjustments under Section 33-44(c) that occurred during the period of DROP Plan participation, and the value of the DROP Plan payoff, not including retroactive cost-of-living adjustments to the deferred pension payments; or

      (B)   the service-connected death benefit that the beneficiary would have received if the member had not elected to participate in the DROP Plan, but not the DROP Plan payoff.

    (9)   DROP Plan payoff and distribution.

      (A)   DROP Plan payoff.  The DROP Plan payoff must include the total of the following, accumulated over the period of the member’s participation in the DROP Plan:

        (i)   the member’s deferred monthly pension payments, not including any cost-of-living adjustments;

        (ii)   the member’s retirement contributions to the Optional Plan or Integrated Plan treated as picked-up contributions; and

        (iii)   for a member beginning DROP Plan participation before July 1, 2013, 8.25 percent annual interest rate credited monthly, compounded quarterly on the amount in the DROP Plan payoff during the member’s participation in the DROP Plan. For a member beginning DROP Plan participation on or after July 1, 2013, 7.5 percent annual interest credited monthly, compounded quarterly on the amount in the DROP Plan payoff during the member’s participation in the DROP plan.

      (B)   DROP Plan payoff distribution options.  At the time that a member’s DROP Plan participation ends, the member must elect to have the DROP Plan payoff:

        (i)   distributed as a:

          (a)   lump sum payment;

          (b)   annuity; or

          (c)   direct rollover distribution, in compliance with the Internal Revenue Code, to an eligible retirement plan; or

        (ii)   remain in the retirement system in a DROP Plan Payoff Account and receive interest at a 4.0 percent annual rate, credited monthly, for the period of time during which the DROP Plan Payoff Account remains in the retirement system.

      (C)   Distribution of DROP Plan Payoff Account.

        (i)   A former member may elect to receive a distribution of the DROP Plan Payoff Account in a single lump sum payment or a single direct rollover distribution to an eligible retirement plan at any time, but must receive a distribution by the date required under Internal Revenue Code Section 401(a)(9)k, as amended, and the corresponding regulations.

        (ii)   The Chief Administrative Officer must pay the balance of the DROP Plan Payoff Account to a designated beneficiary of a former member who dies without receiving the DROP Plan Payoff Account as soon as practicable after the former member’s death.

  (c)   DROP Plan for Sworn Deputy Sheriffs and Uniformed Correctional Officers.

    (1)   Uniformed correctional officer means Correctional Officer I, Correctional Officer II, Correctional Officer III, Correctional Dietary Officer I, Correctional Dietary Officer II, Resident Supervisor I, Resident Supervisor II, Resident Supervisor III, Correctional Supervisor-Sergeant, Correctional Dietary Supervisor, Correctional Shift Commander-Lieutenant, Correctional Unit Commander-Captain, Deputy Warden, and Warden.  The Director of the Department of Corrections must not begin participation in the DROP after appointment as Director.

    (2)   Sworn Deputy Sheriff means Deputy Sheriff I, Deputy Sheriff II, Deputy Sheriff III, Deputy Sheriff Sergeant, Deputy Sheriff Lieutenant, Deputy Sheriff Captain, Assistant Sheriff, and the Chief Deputy Sheriff (Colonel).

    (3)   Eligibility.  A sworn deputy sheriff or uniformed correctional officer who is at least age 55 years old and has at least 15 years of credited service or is at least 46 years old and has at least 25 years of credited service may participate in the DROP.  A uniformed correctional officer or sworn deputy sheriff must participate in the optional retirement plan or the integrated retirement plan as a Group E member in order to participate in the DROP.

    (4)   Application requirements.  An eligible employee must apply at least 60 days before the employee becomes a participant.  An employee may withdraw a pending application within 2 weeks after submitting the application.

    (5)   Employee participation and termination.  The employee's participation in the DROP must begin on the first day of a month that begins at least 60 days, but not more than 90 days, after the employee applied and must end 3 years after the employee begins to participate or at an earlier date chosen by the employee.  When the employee's participation in the DROP ends, the employee must stop working for the County and receive a pension benefit.

    (6)   Employment status.  An employee who participates in the DROP must continue to be a member of the retirement system, earn sick and annual leave, and remain eligible to participate in health and life insurance programs.

    (7)   Retirement date, retirement contributions, and credited service.  The retirement date of an employee who participates in the DROP is the date when the employee begins to participate in the DROP, and the employee must not make retirement contributions after that date.  An employee who wishes to purchase prior service must do so before the employee's participation in the DROP begins.  Sick leave in excess of 80 hours must be credited towards retirement at the beginning of the employee's participation.

    (8)   Pension benefits.

      (A)   Before an employee's participation begins, the employee must select a:

        (i)   pension payment option under Section 33-44 for the regular retirement pension payments; and

        (ii)   pension payment distribution option for the distribution of the employee's DROP account.

      (B)   A pension benefit must not be paid to the employee while the employee participates in the DROP, but must be deposited in a DROP account established for the participant by the County.  The participant must receive the account balance and the County must close the account within 60 days after the employee stops participating in the DROP.  Subject to any requirements of the Internal Revenue Code and other applicable law, the employee may roll over the account balance into an eligible retirement plan.

      (C)   An employee must direct the Board of Investment Trustees to allocate pension benefits contributed to the employee's DROP account in one or more of the investment funds selected by the Board.  An employee's direction of investment must remain in effect until the employee changes the direction.  An employee must select investment options in order to participate in the DROP.

      (D)   After the employee's participation in DROP ends, the employee's pension benefit will be based on:

        (i)   the employee's credited service immediately prior to the beginning of the employee's participation in the DROP, adjusted to include credit for unused sick leave under Section 33-41;

        (ii)   the employee's average final earnings, excluding earnings during the period of participation in the DROP; and

        (iii)   increases in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, during the period of the employee’s participation that would have resulted in an increase in the employee’s pension benefit if the employee had not been participating in the DROP.

    (9)   Disability retirement.  An employee may apply for disability retirement prior to the termination of the employee's participation in the DROP.

      (A)   A DROP participant who is eligible for a service-connected disability retirement must choose either:

        (i)   the retirement benefit under the DROP and the DROP account balance; or

        (ii)   the service-connected disability retirement benefit that the employee would have received if the employee had continued as an active employee and had not elected to participate in the DROP, and no DROP account balance.

      (B)   A DROP participant who is eligible for a non-service-connected disability retirement benefit must receive the non-service-connected disability retirement benefit under Section 33-43(h), with the benefit calculated as of the member's DROP entry date, plus the DROP account balance.

      (C)   If a DROP participant ends participation in the DROP before a final decision is made on the disability retirement application, the DROP account must not be distributed until a final decision is made.

    (10)   Death benefit.  If an employee dies during the employee's participation in the DROP, the employee's beneficiary will receive:

      (A)   the death benefit that the beneficiary would have received if the employee had retired on the date on which the employee began to participate in the DROP, adjusted under subparagraph (7)(D); and

      (B)   the balance of the employee's DROP account.

    (11)   DROP account distribution options.  A member may have the balance of the DROP account distributed as a lump sum or an annuity, or have some or all paid directly to an eligible retirement plan as a direct rollover distribution.  If the member dies before the balance of the DROP account is distributed, the beneficiary may receive distribution of the balance under any option described in this paragraph as allowed under the Internal Revenue Code and applicable regulations.

**Sec. 33-39. Member contributions and credited interest.**

  (a)    Member contributions. Each member of the retirement system must contribute a portion of the member’s regular earnings through regular payroll deductions.

    (1)   Member Contributions to the Optional Retirement Plan.  A member of the Optional Retirement Plan must contribute the following percentage of regular earnings:

      (A)   Group A or H member, 7 percent for service beginning on the first pay period after June 30, 2011 and 8 percent for service beginning on the first pay period after June 30, 2012;

      (B)   Group B member, 7 percent;

      (C)   Group D member, 7 ½ percent; and

      (D)   Group E, F, G, or J member, 9 ½ percent for service beginning on the first pay period after June 30, 2011 and 10 ½ percent for service beginning on the first pay period after June 30, 2012.

    (2)   Member Contributions to the Integrated Retirement Plan.  A member of the Integrated Retirement Plan must contribute the following percentage of regular earnings:

      (A)   Group A, 5 percent for service beginning on the first pay period after June 30, 2011 and 6 percent for service beginning on the first pay period after June 30, 2012 up to the maximum Social Security wage base, and 7 percent for service beginning on the first pay period after June 30, 2011 and 8 percent for service beginning on the first pay period after June 30, 2012 of regular earnings that exceed the wage base;

      (B)   Group B, 4 ½ percent up to the maximum Social Security wage base, and 7 percent of regular earnings that exceed the wage base;

      (C)   Group E and Group J, 5 ¾ percent for service beginning on the first pay period after June 30, 2011 and 6 ¾ percent for service beginning on the first pay period after June 30, 2012 up to the maximum Social Security wage base, and 9 ½ percent for service beginning on the first pay period after June 30, 2011 and 10 ½ percent for service beginning on the first pay period after June 30, 2012 of regular earnings that exceed the wage base;

      (D)   Group F, 5 ¾ percent for service beginning on the first pay period after June 30, 2011 and 6 ¾ percent for service beginning on the first pay period after June 30, 2012 up to the maximum Social Security wage base and 9 ½ percent for service beginning on the first pay period after June 30, 2011 and 10 ½ percent for service beginning on the first pay period after June 30, 2012 of regular earnings that exceed the wage base;

      (E)   Group G:

        (i)   6 ½ percent for service beginning on the first pay period after June 30, 2011 and 7 ½ percent for service beginning on the first pay period after June 30, 2012 up to the maximum Social Security wage base, and 10 ¼ percent for service beginning on the first pay period after June 30, 2011 and 11 ¼ percent for service beginning on the first pay period after June 30, 2012 of regular earnings that exceed the wage base;

        (ii)   starting in the 25th year from the member’s leave accrual date under the County payroll system, 5 ¾ percent for service beginning on the first pay period after June 30, 2011 and 6 ¾ percent for service beginning on the first pay period after June 30, 2012 up to the maximum Social Security wage base, and 9 ½ percent for service beginning on the first pay period after June 30, 2011 and 10 ½ percent for service beginning on the first pay period after June 30, 2012 of regular earnings that exceed the wage base on and after the member’s 25th year of credited service;

      (F)   Group H, 5 percent for service beginning on the first pay period after June 30, 2011 and 6 percent for service beginning on the first pay period after June 30, 2012 up to the maximum Social Security wage base and 7 percent for service beginning on the first pay period after June 30, 2011 and 8 percent for service beginning on the first pay period after June 30, 2012 of regular earnings that exceed the wage base.

    (3)   Member Contributions to the Elected Officials' Plan. A member of the Elected Officials’ Plan must contribute 4 percent. To the extent allowed under Section 414(h)(2) of the Internal Revenue Code, the County must “pick up” (as described in the Internal Revenue Code) mandatory member contributions to the Elected Officials’ Plan.

    (4)   Member contributions to the guaranteed retirement income plan.

      (A)   A non-public safety employee member in the guaranteed retirement income plan must contribute 4% of regular earnings less than or equal to the Social Security wage base and 8% of regular earnings that exceed the Social Security wage base.

      (B)   A public safety employee member in the guaranteed retirement income plan must contribute 3% of regular earnings less than or equal to the Social Security wage base and 6% of regular earnings that exceed the Social Security wage base.

      (C)   For service beginning on the first pay period after June 30, 2011 and before the first pay period beginning after July 1, 2012, a member may contribute an additional 2% of regular earnings on an after-tax basis by making an irrevocable election in writing on or before September 1, 2011.

      (D)   To the extent allowed under Section 414(h)(2) of the Internal Revenue Code, the County must “pick up” (as described in the Internal Revenue Code) member contributions to the guaranteed retirement income plan.  A member is always vested in the member’s contributions.

      (E)   When a member rejoins County service after military service that qualifies under Section 33-41(q) as credited service, the County must credit the member with the amount that the member would have contributed if the member had worked for the County during military service.  Contribution credits for military service must be based on the regular earnings the member would have earned during military service.  If the regular earnings are not reasonably ascertainable, the credit must be based on the member’s regular earnings during a period immediately preceding the military service.  The averaging period is 12 months, or the full length of the member’s County service, whichever is shorter.  The member must not receive any retroactive credited interest on the contribution credits.  The County must not credit a member with a discretionary after-tax contribution under subparagraph C unless the member elects to make up the contribution under Internal Revenue Code Section 414(u), as amended.

    (5)   To the extent allowed under Section 414(h)(2) of the Internal Revenue Code, the County must “pick up” (as described in the Internal Revenue Code) mandatory member contributions to the Optional and Integrated, Retirement Plans for pay periods beginning after June 30, 1989.

    (6)   The Chief Administrative Officer may allow an agency that is not an “employing unit” (as described in Section 414(h)(2) of the Internal Revenue Code) to participate in the retirement system.  The County must not “pick up” (as described in the Internal Revenue Code) mandatory contributions of members employed by a participating agency that is not an “employing unit.”

  (b)    Credited interest.

    (1)   For the period beginning July 1, 1978, and ending June 30, 1989, interest must be credited annually on each member's accumulated contributions at a rate of 4 percent per annum for the first 5 years of membership only. Members who had more than 5 years of membership on July 1, 1978, must retain all credited interest as of that date.

    (2)   Members who have terminated employment and vested prior to July 1, 1978, must receive interest at the rate of 4 percent per annum for as long as they remain a vested member.

    (3)   Effective July 1, 1989, interest must be credited annually on each member's accumulated contributions as of June 30, 1989, and thereafter, as follows:

      (A)   For group A members, interest will be credited at a rate of 4 percent per annum.

      (B)   For group B members, interest will be credited at a rate of 4 percent per annum.

      (C)   For group D members, interest will be credited at a rate of 4 percent per annum.

      (D)   For group E and J members, interest will be credited at a rate of 4 percent per annum.

      (E)   For group F members, interest will be credited at a rate of 4 percent per annum.

      (F)   For group G members, interest will be credited at a rate of 4 percent per annum.

      (G)   For group H members, interest will be credited at a rate of 4 percent per annum.

    (4)   If a member is an elected official on July 1, 1989, interest on that member's accumulated contributions must be credited under subsection (b)(1) until December 2, 1990. On and after December 3, 1990, interest must be credited on the elected official's accumulated contributions as of December 3, 1990 under subsection (b)(3) of this subsection.

    (5)   A member of the guaranteed retirement income plan must receive credited interest at an annual rate of 7.25% on the member’s contributions in the member’s guaranteed retirement income plan account.  If the annual 7.25% interest rate does not comply with applicable law, the third segment rate described in Internal Revenue Code Section 430(h)(2)(G) or any successor provision must apply.  Interest must be credited to a member’s guaranteed retirement income plan account balance on a monthly basis as of the last day of the month.

  (c)    Return of member contributions.

    (1)   Refund after employee’s separation under the optional and integrated plans.

      (A)   If a member who is separated from County service properly completes and submits an application for a refund of the member’s contributions, the County must refund the contributions with credited interest, unless the member dies or retires.

      (B)   Upon receipt of a properly completed application, the County must pay a member who is separated from County service and has not elected to vest the full amount of accumulated contributions with credited interest, less any indebtedness to the County government or the Montgomery County Employees Federal Credit Union.

      (C)   If a member who is separated from County service does not properly complete and submit an application for a refund, the County must refund the contributions with credited interest under the minimum distribution requirements of the Internal Revenue Code and corresponding regulations.

      (D)   Notwithstanding any other provision, if the member’s contributions and interest are $1,000 or less, the amount must be distributed in a lump sum as soon as administratively feasible after termination of employment even if the member does not submit an application.  If the distribution cannot be made because the member cannot be located, the member will forfeit the amount.  If the member later contacts the County, the member will receive the forfeited amount.

    (2)   Refund after separation of an elected officials’ participant.  An elected officials' participant who ends employment with the County before that participant’s normal retirement date, and who does not receive a mandatory refund of the participant's account balances under Section 33-40(d)(2)(D), may, at the  participant's request, receive the account balances, including picked-up contributions, in the required and the voluntary elected officials' participant contributions accounts established for that participant, less any indebtedness to the County or the Montgomery County Employees Federal Credit Union, in a single lump-sum payment.

    (3)   Refund after a member’s death.  If a member dies, the Chief Administrative Officer must pay to the designated beneficiary accumulated member contributions plus credited interest, less any indebtedness to the County government, unless the beneficiary is eligible for an annuity under Section 33-46. If an elected officials' participant dies before the county has implemented the method of distribution under section 33-44, the chief administrative officer must pay to the beneficiary, in accordance with Section 33-46(g), the account balances, including picked-up contributions, in the required and the voluntary elected officials' participant contributions accounts, less any indebtedness to the County or the Montgomery County Employees Federal Credit Union.

    (4)   Refund after an employee elects to participate in the integrated plan instead of the optional plan.  When a member elects to participate in the integrated retirement plan instead of the optional retirement plan, the member must receive a refund of member contributions that exceeded the amount that would have been paid if the contribution rate of the integrated retirement plan had been in effect from date of enrollment to date of election, plus credited interest earned on those contributions.  Despite this requirement, a member who elects to participate in the integrated retirement plan instead of the optional retirement plan while still employed by the County government must not receive a refund of picked-up contributions made on or after July 1, 1989 or credited interest earned on those contributions.  Picked-up contributions made on or after July 1, 1989 and credited interest may be refunded only if one of the events described in Section 33-45(b) occurs.

    (5)   Refund after a statutory change that reduces the maximum years of credited service for a retirement group.

      (A)

        (i)   If a member purchases prior service and this Chapter is later amended to reduce the maximum years of service for which a member may receive credit, the County must refund to the member that portion of the retirement contributions made to purchase the unneeded prior service, with interest, if the member requests a refund before the member retires.

        (ii)   Notwithstanding clause (i), the County must refund to a Group G member whose retirement is effective during the period March 1, 2000, through November 1, 2001, that portion of the member’s retirement contributions made to purchase the unneeded prior service, with interest, if the member requests a refund before or after the member retires.

      (B)   The County must refund the retirement contributions used to purchase excess service credits only if the member’s total credited service, excluding sick leave, exceeds the new maximum for the member’s retirement group on the date that the amendment reducing the maximum years of credited service became effective.

      (C)   The County must refund to the member, with interest, that portion of the payment made to purchase any prior service that exceeds the maximum credited service for the employee’s retirement group.  The County must determine the amount of the refund based on the member’s total credited service, excluding sick leave, on the effective date of the amendment to the County Code that reduced the maximum years of service.  In this subsection “payment” means the lump sum amount, determined at the time of purchase on an actuarial or flat payment basis, less any interest paid by the member or any contributions that were previously refunded.

      (D)   Under this subsection, the County must pay interest in the same manner and amount as for a member’s accumulated contributions under subsection (b).  To calculate interest on a refunded payment, the County must assume that the member paid the amount in full when the service was purchased.

      (E)   The County must pay the proper refund to the member after the member’s retirement begins.

    (6)   Refund of member contributions in the guaranteed retirement income plan.  A member who ends employment with the County who is not vested must receive a distribution of the member’s guaranteed retirement income plan account balance attributable to member contributions under Section 33-39 and interest on those contributions as soon as reasonably feasible after the member submits a properly completed distribution form.  Any death benefits must be paid under Section 33-46.  Any indebtedness to the County government must be subtracted from the member’s refund.

  (d)    Voluntary elected officials' participant contributions.

    (1)   An elected officials' participant may voluntarily contribute up to an additional 7% of regular earnings to the elected officials' plan. Voluntary elected officials' participant contributions must be deducted from the regular earnings of the elected officials' participant.

    (2)   An elected officials' participant may:

      (A)   Change the amount of the voluntary elected officials' participant contributions;

      (B)   Cease making voluntary elected officials' participant contributions; or

      (C)   Withdraw all or part of the voluntary elected officials' participant contributions and the earnings thereon under procedures established in executive regulation under method (1).

  (e)    Treatment of elected officials' participant contributions.

    (1)   Required elected officials' participant contributions must be allocated to the required elected officials' participant contributions account established for that elected officials' participant. Voluntary elected officials' participant contributions must be allocated to the voluntary elected officials' participant contributions account established for that elected officials' participant. In addition, amounts allocated to the required elected officials' participant contributions account and voluntary elected officials' participant contributions account of an elected officials' participant must be further allocated to sub-accounts to reflect the proportionate amount of such accounts invested in each of the applicable investment funds by that elected officials' participant. As of each valuation date, the chief administrative officer must value the assets of the required elected officials' participant contributions account and the voluntary elected officials' participant contributions account on a current market value basis.

    (2)   An elected officials' participant is always fully vested in the amount of the required elected officials' participant contributions account and the voluntary elected officials' participant contributions account for that elected officials' participant.

**Sec. 33-39A. Investment of contributions to the elected officials' plan.**

  (a)   Investment funds.

    (1)   An elected officials' participant must direct that contributions allocated to that participant's retirement accounts be invested in one or more of the investment funds selected by the Board for the retirement savings plan under Article VIII.

    (2)   An elected officials' participant may allocate investments in the investment funds in any amounts or multiples permitted by the Board in the retirement savings plan.

    (3)   An elected officials' participant's direction of investment must remain in effect until the elected officials' participant changes the direction under subsection 33-39A(b). If an elected officials' participant does not provide a valid direction of investment, the account balances of that elected officials' participant, to the extent they are not governed by a valid direction of investment, must be invested in an appropriate investment option selected by the Board.

  (b)   Change of allocation.

    (1)   An elected officials' participant may change the allocation of that elected officials' participant's account balances among the investment funds, in amounts and at times set by the Board for investments in the retirement savings plan. The change will be effective at times set by the Board for the retirement savings plan.

    (2)   An elected officials' participant may designate that the change of the allocation among investment funds is effective as to:

      (A)   Only the elected officials' participant's account balances as of the effective date of the change; or

      (B)   Only the elected officials' participant's contributions and county contributions made after the effective date of the change; or

      (C)   Both a. and b.

**Sec. 33-40. Employer contributions.**

  The county and each participating agency must pay to the board each fiscal year a normal contribution and, if necessary, an additional contribution to be known as unfunded accrued liability contribution. The actuary for the retirement system must prepare an actuarial valuation and report each year.

  (a)   Normal contribution. The amount of normal contribution must at least match the contribution made by members each fiscal year but must not be less than the amount which could be provided by multiplying the latest published actuarial normal cost accrual rate, expressed as a percentage of covered payroll, times the payroll of covered members. The actuary for the retirement system must determine a single normal contribution, and, if necessary, an unfunded accrued liability contribution for each group which must be applicable to and payable by each participating agency. The normal contribution must be determined by the actuary for the retirement system after each actuarial valuation as the percentage of the compensation of all members which is sufficient to cover the cost of benefits determined under an actuarial cost method acceptable under the United States Treasury Regulations with respect to qualified retirement plans after taking into account members' contributions.

  (b)   Unfunded accrued liability contribution. The unfunded accrued liability contribution shall be the amount necessary to liquidate the base amount of the unfunded accrued liability and additions thereto, over not more than forty (40) years. The amount to liquidate annually shall be determined from the unfunded accrued liability published in the latest actuarial report. The base amount of unfunded accrued liability contributions payable by each participating agency shall be determined by the actuary on the basis of June 30, 1975, membership. Thereafter, the actuary shall determine additional unfunded accrued liabilities in excess of the June 30, 1975 base amount that emerge as the result of benefit improvements, salary increases or other applicable factors, which shall be applicable to and payable by each participating agency. The additional unfunded accrued liabilities shall be liquidated over not more than forty (40) years from date incurred.

  (c)   Additional contributions. The County shall make such contributions as are required annually to provide benefits under subsections (d) and (e) of section 33-45. Any contributions made on behalf of an employee who ceases to be a member as the result of separation from the County service shall be used each fiscal year to accelerate the payment of any unfunded accrued liability or to fund retirement plan improvements.

  (d)   Elected officials' plan. Subsections 33-40(a), (b), and (c) do not apply to the elected officials' plan. Instead, the following provisions apply:

    (1)   The County must contribute to the elected officials' plan in monthly installments, on behalf of each elected officials' participant, an amount equal to 8 percent of the elected officials' participants' regular earnings. The county's elected officials' contributions are to be adjusted to take into account any forfeiture under subsection 33-40(d)(2)d. In determining the amount of the County elected officials' contributions, only an elected officials' participant's regular earnings earned while that elected officials' participant made required elected officials' participant contributions are counted.

    (2)   The Board must allocate the County elected officials' contributions made on behalf of each elected officials' participant to a County elected officials' contributions account the Board establishes for that elected officials' participant. In addition, amounts allocated to the County elected officials' contributions account must be further allocated to sub-accounts to reflect the proportionate amount of each account in each of the applicable investment funds.

      (A)   As of each valuation date, the Board must value the County elected officials' contributions account of each participant on a current market value basis.

      (B)   An elected officials' participant has a one hundred (100) percent vested interest in that elected officials' participant's County elected officials' contributions account after the elected officials' participant attains the lesser of a full term of office or four (4) years of credited service. An elected officials' participant whose account balance in the County elected officials' contributions account is not one hundred (100) percent vested in accordance with the preceding sentence will nonetheless be one hundred (100) percent vested in that account balance from and after the effective date of a termination of the elected officials' plan.

      (C)   An elected officials' participant who has a one hundred (100) percent vested interest in the County elected officials' contributions account of that elected officials' participant and ends employment with the County before the participant's normal retirement date may, at the elected officials' participant's request, receive the account balance in the County elected officials' contributions account in a single lump-sum payment. An elected official who chooses to withdraw the account balance in the County elected officials' contributions account must at the same time withdraw the account balances in the required and voluntary elected officials' participant contributions accounts, and if that elected officials' participant again participates in the elected officials' plan after the withdrawal, that elected officials' participant must complete the lesser of an additional four (4) years of credited service or a full term of office in order to vest in any County elected officials' contributions made after the withdrawal.

      (D)   An elected officials' participant who ends employment with the County and who is not vested in any County contributions must forfeit the full account balance in the County elected officials' contributions account. If that occurs, the Chief Administrative Officer, upon the participant’s completion of a properly completed distribution form, must pay the participant, in a single lump-sum payment, the full account balances in the required elected officials' participant contributions account and the voluntary elected officials' participant contributions account, less any indebtedness to the county government or the Montgomery County Employees Federal Credit Union. The Chief Administrative Officer must consider all forfeitures arising under the elected officials' plan in determining the County elected officials' contributions and must use the forfeitures to reduce the amount of the county elected officials' contributions.

  (e)   Guaranteed Retirement Income Plan.

    (1)   Each pay period, the County must credit to each non-public safety member’s guaranteed retirement income plan account an amount equal to 6 percent for  service beginning on the first pay period after June 30, 2011 and 8 percent for service beginning on the first pay period after June 30, 2012 of the member’s regular earnings. Interest must be credited at an annual rate of 7.25 percent on the County contribution credits. If the annual 7.25 percent interest rate does not comply with applicable law, the third segment rate described in Internal Revenue Code Section 430(h)(2)(G) or any successor provision must apply.  Interest must be credited to a member’s guaranteed retirement income plan account balance on a monthly basis as of the last day of the month.

    (2)   Each pay period, the County must credit to each public safety member’s guaranteed retirement income plan account an amount equal to 8 percent for service beginning on the first pay period after June 30, 2011 and 10 percent for service beginning on the first pay period after June 30, 2012 of the member’s regular earnings.  Interest must be credited at an annual rate of 7.25 percent on the County contribution credits.  If the annual 7.25 percent interest rate does not comply with applicable law, the third segment rate described in Internal Revenue Code Section 430(h)(2)(G) or any successor provision must apply.  Interest must be credited to a member’s guaranteed retirement income plan account balance on a monthly basis as of the last day of the month.

    (3)   When a member rejoins County service after military service that qualifies under Section 33-41(q) as credited service, the County must credit the member the amount that the County would have credited the member if the member worked for the County during military service.  The credits must be based on the regular earnings the member would have earned during military service.  If the regular earnings are not reasonably ascertainable, the County contribution credit must be based on the member’s regular earnings during a period immediately preceding military service.  The averaging period is 12 months, or the full length of the member’s County service, whichever is shorter.  The member must not receive any retroactive credited interest on the County contribution credits.

    (4)   For any member who received a contribution to the member’s guaranteed retirement income plan account under Section 33-42A, interest must be credited at an annual rate of 7.25 percent.  If the annual 7.25 percent interest rate does not comply with applicable law, the third segment rate described in Internal Revenue Code Section 430(h)(2)(G) or any successor provision must apply.  Interest must be credited to a member’s guaranteed retirement income plan account balance on a monthly basis as of the last day of the month.

**Sec. 33-41. Credited service.**

  (a)    Member's credited service.

    (1)   A member's credited service is the total service rendered under the employees' retirement system of Montgomery County, plus any credited service earned under the employees' retirement system of the State of Maryland and/or the Montgomery County police relief and retirement fund law plus any other credited service purchased or granted pursuant to this section.

    (2)   However, credited service earned while an individual is a participant in the elected officials’ plan must be used only for the purposes described in Section 33-37(e) and Section 33-55A. Credited service earned while an individual is a participant in the retirement savings plan under Article VIII must be used only as provided in Section 33-37(i). Credited service earned while an individual is a participant in the GRIP must only be used for GRIP and must not be used as credited service while an individual is a member of the integrated plan. Notwithstanding the preceding sentence, for purposes of determining vested benefits in the integrated plan, a member must receive one year of credited service for each year of County service and one month of credited service for each month of County service during which the member contributed to a County retirement plan. Each year of County service ends on the anniversary of the member’s date of retirement plan participation.

    (3)   The Chief Administrative Officer must notify each eligible employee who attains 5 years of County service of the opportunity provided under this Section to purchase credited service.  The Chief Administrative Officer must also notify each new employee that any person who transfers from State service or from a dual merit system position may be eligible to transfer credited service to the County retirement system.

    (4)   Notwithstanding other provisions of this Section, a member must not be granted or permitted to purchase credited service for any period of actual or credited service under another retirement system if the member is receiving retirement benefits or has retained a vested right to retirement benefits from that system, unless federal law provides that the member must be permitted to purchase the credited service.

    (5)   Member contributions paid under this Section to purchase credited service must not be treated as picked-up contributions.

  (b)    Procedures for determining credited service.

    (1)   Full-Time Members. Service rendered during the full normal working time in a 12-month period, including paid authorized leave or other leave specifically provided here, will equal one year of credited service. The 12-month period referred to in the preceding sentence is the 12-month period that starts on the date (or the anniversary of the date) the employee first completed one hour of County service as a member.

    (2)   Part-Time Members. Any member working less than the normal scheduled work week for full-time employees on a continuing basis shall receive one year of credited service for each 12-month period. The 12-month period referred to in the preceding sentence is the 12-month period that starts on the date (or the anniversary of the date) the employee first completed one hour of County service as a member.

    (3)   Combined Full-Time and Part-Time Service.

      (A)   Except to determine the date that benefits begin under subsection (b)(3)(B), service credits for any member who has a combination of part-time and full-time service must be determined as follows: Each 176 hours equals one month of credited service. Accumulated hours of 88 to 176 equals one month of credited service. An accumulation of less than 88 hours must not be credited, and excess hours must not be carried over from one fiscal year to the next. For both full-time and part-time members, one month's credit must be granted for service of 15 days or more in any one calendar month.

      (B)   For purposes of determining years of credited service to establish the date of commencement of benefits, credited service means service completed in accordance with paragraphs (b)(1) and (b)(2), plus any service granted or purchased under the retirement system. Years of credited service of less than one full year must be prorated. This subsection does not apply to members who retire before July 1, 1989 or to members who are elected officials on July 1, 1989, and who retire before December 3, 1990.

  (c)    Credit for service in the armed forces of the United States, state militia, national guard, or other service covered under the Uniformed Services Employment and Reemployment Rights Act.

    (1)   A member who enters the armed forces of the United States, a state militia,  national guard, or other service covered under the Uniformed Services Employment and Reemployment Rights Act and does not withdraw member contributions and interest must receive service credit for periods of active military service if the member:

      (A)   does not remain in the military service for more than 5 years, not including any military service described in Section 4312(c) of Title 38 of the United States Code; and

      (B)   reports for County service or applies for reemployment and submits proof of military service:

        (i)   within one year after completing the military service and without any other employment after discharge from the military service; or

        (ii)   within 2 years after completing the military service, if the member was hospitalized or convalescing from an illness or injury incurred in, or aggravated during, military service.

    (2)   A member who withdraws member contributions and redeposits the withdrawn contributions with interest at a rate of 6.5% must receive the credited service under this Section.  The member must make the repayment while employed by the County, and not later than the earlier of the period of military service or 5 years, beginning on the date of reemployment.

    (3)   The participating agency from which a member enters the military service must contribute on a current basis the funds necessary to purchase retirement service credit while the member is in the military service.

  (d)    Credited service as a fire alarm dispatcher, firefighter, or fire officer in Montgomery County. Any member shall have the opportunity to obtain credit for any period of full- time paid service as a fire alarm dispatcher, firefighter or fire officer in a county fire department (including the Takoma Park fire department) or as rescue service personnel in a county rescue squad if such service has not otherwise been credited. In order to receive credit for such service, the member shall pay, in a lump-sum or by extended payments, the full cost which shall be determined on an actuarial basis.

  (e)    Credited service for prior military service.

    (1)   In this subsection, “uniformed services” means the United States Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the National Oceanic and Atmospheric Administration and the Public Health Service of the United States, and active duty service in the National Guard of any state of the United States.

    (2)   A member with 5 years of membership in the Employees Retirement System enrolled or re-enrolled on or after July 1, 1978, may obtain credited service for all or part of any military service in the uniformed services of the United States up to a maximum of 48 months. A member exercising this option must pay, in a lump sum or on an extended payment basis, the full actuarial cost for these service credits.

    (3)   Group G.

      (A)   A Group G member may obtain credited service for all or part of any military service in the uniformed services of the United States, at no cost to the employee, up to a maximum of 24 months.

      (B)   The amount of the credited service must be:

        (i)   12 months of credited service, for 7 years of County service; or

        (ii)   24 months of credited service, for 15 years of County service.

      (C)   The credited service must be applied when the years-of-service threshold under subparagraph (B) is reached.

    (4)   A Group E member with 5 years of membership in the Employees’ Retirement System enrolled or re-enrolled on or after July 1, 1978, may elect to obtain credited service for all or part of any military service in the uniformed services of the United States up to a maximum of 48 months, up to 24 months of which will be credited by the County Government at no cost to the member. A member exercising this option must pay, in a lump sum or an extended payment basis, the actuarial cost for credited service above the 24 months credited by the County Government.

  (f) 
									   Use of sick leave for credited service. 
									 An employee must receive credit toward retirement for any accumulated sick leave, up to a maximum of 4,224 hours.  Each 176 hours of accumulated sick leave is equal to 1 month of credited service. Accumulated sick leave totaling less than 11 days must not be credited for retirement purposes.  Accumulated sick leave totaling 11 to 22 days must be credited as 1 month of service for retirement purposes.  A member must have sick leave credited for vesting purposes under Section 33-45.  An employee who transfers to the Retirement Savings Plan must receive credit toward retirement under the optional plan or integrated plan under Section 33-37(i) for the employee’s accumulated sick leave.

  (g)    Credited service for period of sick leave without pay. Any member who is granted authorized sick leave without pay shall have the opportunity to obtain credited service for up to one (1) year of such absence. Before receiving credited service, the member shall pay both the member contributions and the county contributions on a current basis during the period of time on sick leave without pay.

  (h)    Transfers between the county retirement system and any public retirement system in the State of Maryland. Under State law, a member entering or leaving County employment may transfer to or from any public retirement system in the State and receive credited service.  A member may transfer to the County service credits accumulated under the previous system if the transfer complies with State law.  If the member retires within 5 years after transferring to the County, the benefits payable for the transferred service are limited to the benefits that would have been payable under the other plan.  The Chief Administrative Officer may provide by regulation adopted under method (3) procedures to assure favorable income tax treatment for members who transfer picked-up contributions between any of the eligible retirement systems.  The two systems must have a reciprocity agreement to share contributions under State law.

  (i)    Purchase of service credits for prior service with the federal government, a municipality, or another state. A vested member may purchase prior service credits for any period of membership in the retirement system of the federal government, a municipality, or a state in the United States. Before receiving any of that credited service, the member must pay, in a lump sum or on an extended basis, both the employee and employer share of the actuarial value of the purchased prior service.

  (j)    Limitation on credited service. Credited service purchased may not be used to qualify for vesting or retirement before at least 5 years of membership.  Under Section 33-45(a), service credits transferred from a public retirement system in Maryland may be used to qualify for vesting.

  (k)    Purchase of part-time service credits. A member may purchase service credit for any period of career part-time Montgomery County service or career part-time service in a participating agency. A member exercising this option must pay, in a lump sum or on an extended payment basis, the full actuarial cost for prior service credits.

  (l)    Purchase of prior State of Maryland and Montgomery County service credits. A member may purchase service credits for any period of prior temporary or regular State of Maryland or Montgomery County service. A member exercising this option must pay, in a lump sum or on an extended payment basis, the full actuarial cost for prior service credits.

  (m)   Purchase of service credits for periods of leave without pay.  A Group F member who is on leave without pay may buy service credits at their full actuarial cost, in a lump sum or on an extended basis, for up to one year of that leave.  A member must not buy service credits for a period of leave without pay in connection with an act for which the member was charged with a felony unless the charge is resolved by other than a finding of guilty.

  (n)    Payment for purchase of service credits.

    (1)   The Chief Administrative Officer may approve a member’s request to pay for a purchase of service credits over an extended period, if:

      (A)   the payment period does not exceed 5 years; and

      (B)   the member agrees to pay an additional payment of at least 6 ½ % per year until the purchase is complete.

    (2)   In extenuating circumstances, the Chief Administrative Officer may approve an extension of the payment period.

    (3)   A member may pay for the purchase of service credits by having some or all of the member’s account balance in an eligible governmental 457(b) plan transferred to the retirement system through a trustee to trustee transfer.

  (o)    [Limitation on purchase of credited service.] Except as required by state or federal law, an elected officials' participant may not be granted or permitted to purchase credited service for any purpose under the elected officials' plan.

  (p)   Despite any other provision in this Section, a member must not transfer or purchase credited service for membership in a defined contribution or capital accumulation plan or in a plan with both defined contribution and defined benefit elements.

  (q)   For the guaranteed retirement income plan, subsections (a)-(o) do not apply and credited service must be determined only under this subsection.

    (1)   Credited service includes the total County service the participant rendered under the guaranteed retirement income plan, the retirement savings plan, the optional retirement plan, the integrated plan, and the elected officials’ plan.  Each participant must receive one year of credited service for each year of County service and one month of credited service for each month of County service during which the participant contributed to a County retirement plan.  Each year of County service ends on the anniversary of the participant’s date of participation.

    (2)   County service includes any period of service in the armed forces of the United States or a state militia or other military service covered under the Uniformed Services Employment and Reemployment Rights Act if the member:

      (A)   was a member of the retirement savings plan, the optional retirement plan, the integrated plan, or the guaranteed retirement income plan when the military service began;

      (B)   applied for reemployment or returned to County service within:

        (i)   one year after discharge from the military service and without any other employment after discharge from the military service; or

        (ii)   within 2 years after completion of military service if the member was hospitalized or convalescing from an illness or injury incurred or aggravated during military service; or

        (iii)   more than 2 years if circumstances beyond the control of the participant made it impossible or unreasonable for the participant to apply for reemployment within 2 years; and

      (C)   the total period of military service did not exceed 5 years, excluding periods of military service described under Section 4312(c) of Title 38 of the United States Code.

    (3)   An employee who did not become a member of the guaranteed retirement income plan solely because the employee was called to active duty before completing 180 days of County employment, must be eligible to receive contribution credit under Sections 33-39 and 33-40 if the employee elects to participate in the guaranteed retirement income plan upon reemployment.

  (r)   Positions added to Group E eligibility.

    (1)   Notwithstanding subsection (a)(2), an employee in the position of Public Safety Emergency Communications Specialist I, Public Safety Emergency Communications Specialist II, Public Safety Emergency Communications Specialist III, Public Safety Emergency Communications Specialist IV, Senior Public Safety Emergency Communications Specialist, Public Safety Communications Supervisor, Public Safety Emergency Communications Manager, or Emergency Communications MLS Manager 2 who was hired on or before July 1, 2023, and who was participating in the guaranteed retirement income plan or the retirement savings plan prior to eligibility in Group E may:

      (A)   make a one-time irrevocable election to purchase credited service with their entire existing guaranteed retirement income plan or retirement savings plan balances up to and including August 7, 2024, in accordance with an actuarial determination of the value transferred; or

      (B)   retain guaranteed retirement income plan or retirement savings plan balances, will no longer participate in the guaranteed retirement income plan or retirement savings plan, and will enter Group E with a credited service balance of 0 years, unless the employee is otherwise eligible to  purchase other service credits provided for in this section.

    (2)   Eligible employees who elect to purchase credited service under this subsection may not apply any years of service while a member of the guaranteed retirement income plan or the retirement savings plan for the purposes of calculating years of service under either the optional retirement plan or the integrated retirement plan.

    (3)   Eligibility for early or normal retirement will be based upon the credited service at the time the employee enters Group E plus any credited service purchased by the employee.

    (4)   The vesting provisions in subsection (a)(2) will apply to employees listed in subsection (r)(1) regardless of whether they elect to purchase service credit under this subsection.

  (s)   Positions added to Group J eligibility.

    (1)   Notwithstanding subsection (a)(2), a County member who was hired on or before July 1, 2023, and who was participating in the guaranteed retirement income plan or the retirement savings plan prior to Group J eligibility, and who becomes Group J eligible after July 1, 2023 may:

      (A)   make a one-time irrevocable election to purchase credited service with their entire existing guaranteed retirement income plan or retirement savings plan balances up to and including August 7, 2024, in accordance with an actuarial determination of the value transferred; or

      (B)   retain guaranteed retirement income plan or retirement savings plan balances, will no longer participate in the guaranteed retirement income plan or retirement savings plan, and will enter Group J with a credited service balance of 0 years, unless the employee is otherwise eligible to purchase other service credits provided for in this section.

    (2)   Eligible employees who elect to purchase credited service under this subsection may not apply any years of service while a member of the guaranteed retirement income plan or the retirement savings plan for the purposes of calculating years of service under either the optional retirement plan or the integrated retirement plan.

    (3)   Eligibility for early or normal retirement will be based upon the credited service at the time the employee enters Group J plus any credited service purchased by the employee.

    (4)   The vesting provisions in subsection (a)(2) will apply to employees listed in subsection (s)(1) regardless of whether they elect to purchase service credit under this subsection.

  "Sec. 2. Limited opportunity to purchase military service credit.

  (a)   A member with 5 years of credited service who was enrolled or re-enrolled before July 1, 1978, may obtain credited service for all or part of any service in the uniformed services of the United States, up to a maximum of 48 months, if the member:

    (1)   exercises the option to purchase this credited service by December 31, 1993; and

    (2)   pays, in a lump sum or on an extended payment basis, the sum of:

      (A)   an amount determined by multiplying the member's salary on the day before the fifth anniversary of service by the member's group contribution rate, multiplied by the number of full years of military service the member wishes to purchase.  The member must pay a pro-rata amount for any period less than one year; and

      (B)   interest on the amount determined under subparagraph (2)(A) at the rate of 4 percent per year from the member's fifth anniversary of service to July 1, 1970, and at the rate of 6 percent per year from July 1, 1970 to the day the member exercises the option to purchase credited service under this Section.

However, if under federal law a person must be permitted to purchase a period of actual or credited service under another retirement system when that person is receiving retirement benefits or has retained a vested right to retirement benefits from that system, the person must pay the full actuarial cost of the service to be credited.

  (b)   In this Section, ‘uniformed services’ means the Army, Navy, Air Force, Marine Corps, and Coast Guard."

#### Division 3. Benefits.

**Sec. 33-42. Amount of pension at normal retirement date or early retirement date.**

  (a)    Average final earnings. For a full-time or part-time career member enrolled on or before June 30, 1978, and continuously enrolled to date of retirement, average final earnings shall be the regular earnings for the twelve-month period immediately preceding retirement, or any consecutive twelve-month period, whichever is greater. Whenever such member is on leave without pay status during part of the final twelve-month period of membership, average final earnings will be based on regular earnings for the last twelve (12) months during which the member was in full pay status or any consecutive twelve-month period, whichever is greater. Average final earnings for each employee who became a member on or before June 30, 1978, and remained a member continuously to the date of retirement, who has full-time service credits and is a part-time career member at time of retirement are the average hourly rate of earnings during the last twelve (12) months of membership or any consecutive twelve-month membership period, whichever is greater, multiplied by two thousand eighty (2,080). The average hourly rate for any twelve-month period is equal to the total regular earnings of the member, divided by the total number of hours worked during the period. Average final earnings for each employee who became a member on or after July 1, 1978, shall be the average of regular annual earnings of the member for the thirty-six-month period immediately preceding retirement, or any consecutive thirty-six-month period, whichever is greater. Whenever such employee is on leave without pay status during part of the final thirty-six-month period of membership, average final earnings will be based on regular earnings for the last thirty-six (36) months during which the member was in full pay status, or any consecutive thirty-six-month period, whichever is greater. Average final earnings for an employee who became a member on or after July 1, 1978, who has full-time service credits and is a part-time career member at the time of retirement will be the average hourly rate of earnings during the thirty-six-month period immediately preceding retirement or any consecutive thirty-six-month period, whichever is greater, multiplied by two thousand eighty (2,080). The average hourly rate for any thirty-six-month period is equal to the total regular earnings of the member divided by the total number of hours worked during the period.

  (b)    Amount of pension at normal retirement date.

    (1)   Pension amount for an Optional Retirement Plan member.

      (A)   Except for a Group E, F, G, or J member, the annual pension for a member of the optional retirement plan who retires on a normal retirement must equal 2 percent of average final earnings multiplied by years of credited service, up to a maximum of 36 years, plus sick leave credits. Years of credited service of less than one full year must be prorated.

      (B)   For a Group E member who is a member of the optional plan and retires on a normal retirement, the annual pension must equal 2.6 percent of average final earnings for each of the first 25 years of credited service completed, and 2.25 percent of average final earnings for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings.  The maximum benefit with the application of sick leave credits must not exceed 80.25 percent of average final earnings.

      (C)   For a Group F member who is a member of the optional plan and retires on a normal retirement, the annual pension must equal 2.4% of average final earnings multiplied by years of credited service, up to a maximum of 36 years, including sick leave credits.  Years of credited service of less than one full year must be prorated.  The maximum benefit with the application of sick leave credits must not exceed 86.4% of average final earnings.

      (D)   For a Group G member who is a member of the optional plan and retires on a normal retirement, the annual pension must equal:

        (i)   2.6 percent of average final earnings for each of the first 25 years of credited service completed; and

        (ii)   1.25 percent of average final earnings for each year or prorated portion of a year of credited service of more than 25 years, to a maximum of 31 years, plus sick leave credits; and

        (iii)   5 percent for each year of credited service received for accumulated sick leave; and

        (iv)   0 percent for years after year 31 (except sick leave credits referred to in subclause (c)).

      (E)   For a Group J member who is a member of the optional plan and retires on a normal retirement, the annual pension must equal 2.5 percent of average final earnings for each of the first 25 years of credited service completed, and 2 percent of average final earnings for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings.  The maximum benefit with the application of sick leave credits must not exceed 76.5 percent of average final earnings.

    (2)   Pension amount for an Integrated Retirement Plan member.

      (A)   For a Group A, B, or H member in the integrated retirement plan who retires on a normal retirement, the annual pension must be computed as follows:

        (i)   From date of retirement to the month of attainment of Social Security retirement age: 2 percent of average final earnings multiplied by years of credited service up to a maximum of 36 years, plus sick leave credits.  Credited service of less than one full year must be prorated.

        (ii)   From the month of attainment of Social Security retirement age: 1 ¼ percent of average final earnings up to the Social Security maximum covered compensation level at time of retirement, plus 2 percent of average final earnings above the Social Security maximum covered compensation level at time of retirement, multiplied by years of credited service up to a maximum of 36 years, plus sick leave credits.  Credited service of less than one full year must be prorated.  This amount is subject initially to the cost-of-living adjustment provided in Section 33-44(c) from date of retirement to Social Security retirement age.

      (B)   For a Group D member, the annual pension for a member of the integrated retirement plan who retires on a normal retirement must be computed as follows:

        (i)   From date of retirement to the month of attainment of social security retirement age: 2 percent of average final earnings multiplied by years of credited service up to a maximum of 36 years, plus sick leave credits. Years of credited service of less than one full year must be prorated.

        (ii)   From the month of attainment of social security retirement age: one percent of average final earnings up to the social security maximum covered compensation level at time of retirement, plus 2 percent of average final earnings in excess of the social security maximum covered compensation level at time of retirement, multiplied by years of credited service, up to a maximum of 36 years, plus sick leave credits. Years of credited service of less than one full year must be prorated. This amount is subject initially to the cost-of-living adjustment provided in  Section 33-44(c) from date of retirement to Social Security retirement age, if any.

      (C)   For a Group E member in the integrated retirement plan who retires on a normal retirement, the annual pension must be computed as follows:

        (i)   From the date of retirement to the month that the member reaches Social Security normal retirement age: 2.6 percent of average final earnings for each of the first 25 years of credited service completed, and 2.25 percent of average final earnings for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings.  The maximum benefit with the application of sick leave credits must not exceed 80.25 percent of average final earnings.  Beginning July 1, 2024, from the date of retirement to the month that the member reaches the maximum Social Security retirement benefit age: 2.6 percent of average final earnings for each of the first 25 years of credited service completed, and 2.25 percent of average final earnings for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings.  The maximum benefit with the application of sick leave credits must not exceed 80.25 percent of average final earnings.

        (ii)   From the month the member reaches Social Security normal retirement age: 1.65 percent of average final earnings up to the Social Security maximum covered compensation in effect on the date of retirement for each year of credited service to a maximum of 30 years plus sick leave credits, plus 2.6 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement for each of the first 25 years of credited service completed, and 2.25 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement.  The County must increase this initial amount by the cost-of-living adjustments provided under Section 33-44(c) for the period from the member’s date of retirement to the month in which the member reaches Social Security retirement age.  Beginning July 1, 2024, from the month the member reaches the maximum Social Security retirement benefit age: 1.65 percent of average final earnings up to the Social Security maximum covered compensation in effect on the date of retirement for each year of credited service to a maximum of 30 years plus sick leave credits, plus 2.6 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement for each of the first 25 years of credited service completed, and 2.25 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement.  The County must increase this initial amount by the cost-of-living adjustments provided under Section 33-44(c) for the period from the member’s date of retirement to the month in which the member reaches the maximum Social Security retirement benefit age.

      (D)   For a Group F member in the integrated retirement plan who retires on a normal retirement, the annual pension must be computed as follows:

        (i)   From date of retirement to the month of attainment of the maximum Social Security retirement benefit age: 2.4 percent of average final earnings multiplied by years of credited service up to a maximum of 36 years, including sick leave credits.  Credited service of less than one full year must be prorated.  The maximum benefit with the application of sick leave credits must not exceed 86.4 percent of average final earnings.  Effective January 1, 2025, the multiplier will increase to 2.6 percent of average final earnings multiplied by years of credited service up to 25 years, and 2.4 percent of average final earnings multiplied by years of credited service from 25 years to a maximum of 34 years, including sick leave credits.

        (ii)   From the month the member reaches the maximum Social Security retirement benefit age: 1.65 percent of average final earnings up to the maximum of 36 years, including sick leave credits, up to the Social Security maximum covered compensation in effect on the date of retirement, plus 2.4 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement, multiplied by years of credited service up to a maximum of 36 years, including sick leave credits.  Years of credited service of less than one full year must be prorated.   The County must increase this initial amount by the cost-of-living adjustments provided under Section 33-44(c) for the period from the member’s date of retirement to the month in which the member reaches the maximum Social Security retirement benefit age.  Effective January 1, 2025, the multiplier will increase to 1.8 percent of average final earnings up to a maximum of 25 years, and 1.65 percent of average final earnings for more than 25 years to a maximum of 34 years, including sick leave credit, up to the Social Security maximum covered compensation in effect on the date of retirement, plus 2.6 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement multiplied by years of credited service up to 25 years, and 2.4 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement multiplied by years of credited service from 25 years to a maximum 34 years, including sick leave credits.

      (E)   The County must compute the annual pension of a Group G member in the integrated retirement plan who retires on a normal retirement as follows:

        (i)   from the date of retirement to the month that the member reaches Social Security retirement age, the following percentages of average final earnings apply:

          (a)   2.6 percent, for each of the first 25 years of credited service; and

          (b)   1.25 percent, for each year of credited service of more than 25 years to a maximum of 31 years, plus sick leave credits; and;

          (c)   5 percent for each year of credited service received for accumulated sick leave; and

          (d)   0 percent for years after year 31 (except sick leave credits referred to in subclause (c)); and

        (ii)   from the month the member reaches Social Security retirement age, the percentages specified in clause (i) must be reduced, respectively, by the following percentages of average final earnings for the portion of any amount equal to or less than the Social Security maximum covered compensation in effect on the date of retirement:

          (a)   0.81250 percent, for each of the first 25 years of credited service;

          (b)   0.390625 percent for each year of credited service of more than 25 years, to a maximum of 31 years, plus sick leave credits; and

          (c)   1.5625 percent, for each year of credited service received for accumulated sick leave.

        (iii)   The County must increase the initial amount of a pension computed under (ii) above by the cost-of-living adjustments provided under Section 33-44(c) for the period from the member’s date of retirement to the month in which the member reaches Social Security retirement age.

        (iv)   The County must prorate any portion of a year described in this subparagraph.

        (v)   Effective September 1, 2024, from the date of retirement to the month that the member reaches the maximum Social Security retirement benefit age, the following percentages of average final earnings apply:

          (a)   2.6 percent, for each of the first 25 years of credited service; and

          (b)   1.25 percent, for each year of credited service of more than 25 years to a maximum of 31 years, plus sick leave credits; and

          (c)   5 percent for each year of credited service received for accumulated sick leave; and

          (d)   0 percent for years after year 31 (except sick leave credits referred to in subclause (c)); and

        (vi)   from the month the member reaches the maximum Social Security retirement benefit age, the percentages specified in clause (v) must be reduced, respectively, by the following percentages of average final earnings for the portion of any amount equal to or less than the Social Security maximum covered compensation in effect on the date of retirement:

          (a)   0.81250 percent, for each of the first 25 years of credited service;

          (b)   0.390625 percent, for each year of credited service of more than 25 years, to a maximum of 31 years, plus sick leave credits; and

          (c)   1.5625 percent, for each year of credited service received for accumulated sick leave.

        (vii)   The County must increase the initial amount of a pension computed under (vi) above by the cost-of-living adjustments provided under Section 33-44(c) for the period from the member’s date of retirement to the month in which the member reaches the maximum Social Security retirement benefit age.

        (viii)   The County must prorate any portion of a year described in this subparagraph.

      (F)   For a Group J member in the integrated retirement plan who retires on a normal retirement, the annual pension must be computed as follows:

        (i)   From the date of retirement to the month that the member reaches Social Security retirement age: 2.5 percent of average final earnings for each of the first 25 years of credited service completed, and 2 percent of average final earnings for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings.  The maximum benefit with the application of sick leave credits must not exceed 76.5 percent of average final earnings.  Beginning July 1, 2024, from the date of retirement to the month that the member reaches the maximum Social Security retirement benefit age: 2.5 percent of average final earnings for each of the first 25 years of credited service completed, and 2 percent of average final earnings for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings.  The maximum benefit with the application of sick leave credits must not exceed 76.5 percent of average final earnings.

        (ii)   From the month the member reaches Social Security normal retirement age: 1.65 percent of average final earnings up to the Social Security maximum covered compensation in effect on the date of retirement for each year of credited service to a maximum of 30 years plus sick leave credits, plus 2.5 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement for each of the first 25 years of credited service completed, and 2 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement.  The County must increase this initial amount by the cost-of-living adjustments provided under Section 33-44(c) for the period from the member’s date of retirement to the month in which the member reaches Social Security retirement age.  Beginning July 1, 2024, from the month the member reaches the maximum Social Security retirement benefit age: 1.65 percent of average final earnings up to the Social Security maximum covered compensation in effect on the date of retirement for each year of credited service to a maximum of 30 years plus sick leave credits, plus 2.5 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement for each of the first 25 years of credited service completed, and 2 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement for each year of credited service of more than 25 years, to a maximum of 30 years plus sick leave credits.  Years of credited service of less than one full year must be prorated.  Sick leave credits used for years in excess of 25 years must be credited at 2 percent of average final earnings above the Social Security maximum covered compensation in effect on the date of retirement.  The County must increase this initial amount by the cost-of-living adjustments provided under Section 33-44(c) for the period from the member’s date of retirement to the month in which the member reaches the maximum Social Security retirement benefit age.

    (3)   Elected Officials' Plan. An elected officials' participant who retires on or after the normal retirement date of that elected officials' participant may receive that elected officials' participant's account balances in the elected officials' plan.

    (4)   Guaranteed retirement income plan. A member who retires on or after the member’s normal retirement date, except a member who receives a contribution under Section 33-42A, may receive that member’s vested guaranteed retirement income plan account balance under Section 33-44.  A member who receives a contribution under Section 33-42A must not receive a distribution of the member’s guaranteed retirement income plan account balance until the member attains the Social Security retirement age.

  (c)    Amount of pension at early retirement date and early retirement reduction factors.

    (1)   The yearly amount of pension for a member who retires on an early retirement date will be a percentage of the amount of normal retirement benefit which would have been paid on the basis of years of credited service including sick leave credits. The schedule of early retirement reduction factors is as follows:

Years Early | Reduction Factor | Percentage of Normal Retirement Benefit

    (2)   An elected officials' participant who retires before the normal retirement date of that elected officials' participant may receive the elected officials' participant's vested account balances in the elected officials' plan.

    (3)   Guaranteed retirement income plan.  A participant who terminates employment before the member’s normal retirement date may receive the participant’s vested guaranteed retirement income plan account balance upon termination of employment under Section 33-44.

  (d)    Adjustment for pension payments previously paid.

    (1)   If a member who retires has previously retired and received pension payments, the number of years of prior service plus the number of years of service accrued after re-entering the retirement system will be used in computing the amount of pension at subsequent retirement.

    (2)   If a member receives service connected disability pension payments, and subsequently returns to work and re-enters the retirement system within 5 years of the date that disability retirement commenced and prior to attaining age 55, if a group A or H member, or age 45 if a group B, E, F, G, or J member, the number of years of prior service, plus the number of years the member was on retirement, plus the number of years accrued after re-entering the system must be used in computing the amount of pension at subsequent retirement.

  (e)    Early retirement on full benefits. Notwithstanding other provisions of this article, whenever a member's credited service plus age equals eighty-five (85), the member may elect early retirement and the early retirement reduction factors shall not apply, provided the member has at least thirty-five (35) years of credited service.

  (f)    Pension limitation. Notwithstanding any other provision of this section, the initial retirement benefit as provided under this section for those employees enrolled or re-enrolled on or after July 1, 1978, when combined with the primary benefit from social security for which the member is eligible or will be eligible at social security retirement age, must not exceed 90 percent of member's average final earnings. This limitation does not apply to the cost-of-living adjustments received under subsection (c) of section 33-44.

  (g)    Maximum annual contribution to elected officials' plan.

    (1)   Regardless of any other provision in this article, the annual addition described in this subsection that is allocated in any limitation year to the retirement accounts of any elected officials' participant must not exceed the lesser of:

      (A)   $40,000.00 (the “dollar limitation”), as adjusted by the Internal Revenue Service from time to time to reflect cost of living increases; or

      (B)   100 percent of the participant's compensation (as defined below) (the “percent limitation”).

    (2)   For purposes of this subsection (g), the annual addition must be comprised of:

      (A)   County elected officials’ contributions;

      (B)   required elected officials’ participant contributions;

      (C)   voluntary elected officials’ participant contributions; and

      (D)   forfeitures used to reduce the County elected officials’ contributions in accordance with Section 33-40(d)(2)(D).

    (3)   In this subsection (g), only:

      (A)   for purposes of applying Section 415 of the Internal Revenue Code, “compensation” has the same meaning as provided in Treasury Regulation Section 1.415-2(d)(1), including amounts contributed at the election of the participant that are not includible in the gross income of the participant under Sections 125, 132(f)(4), 402(g)(3), or 457 of the Internal Revenue Code. Effective for limitation years after December 31, 2008, must include amounts required to be included pursuant to Section 414(u)(12) of the Internal Revenue Code; and

      (B)   The limitation year means the twelve (12) consecutive calendar months comprising the fiscal year of the county.

    (4)   For purposes of this subsection, the maximum dollar limitation of $40,000.00 must be automatically increased as permitted by United States treasury regulations to reflect cost-of-living adjustments.

    (5)   Multiple plan participation. This paragraph applies only for limitation years ending before January 1, 2000.  Regardless of paragraph (1), the otherwise permissible annual benefits for any participant in the elected officials' plan who also participates in another qualified plan sponsored by the County or a participating agency that is a defined benefit plan must be further adjusted to the extent necessary to prevent disqualification of the plans under Section 415 of the Internal Revenue Code. Section 415 imposes the following additional limitations on the benefits payable to a participant in the elected officials' plan who also may be participating in another qualified plan of the county or any participating agency that is a defined benefit plan:

      (A)   If an individual is a participant at any time of both a defined benefit plan and a defined contribution plan maintained by the county or any participating agency, the sum of the “defined benefit plan fraction” and the “defined contribution plan fraction” for any limitation year must not exceed 1.0. In making this adjustment, the maximum benefit payable under the elected officials' plan must be reduced to the extent necessary to meet the multiple plan limitation.

        (i)   Defined Benefit Plan Fraction. The defined benefit plan fraction for any limitation year is a fraction, the numerator of which is the elected officials' participant's projected aggregate annual benefit under all defined benefit plans of the county or any participating agency determined at the close of the limitation year, and the denominator of which is the lesser of:

          (a)   1.25 multiplied by the defined benefit dollar limitation set forth in section 415(b)(1)(A) of the Internal Revenue Code as applicable from time to time, or

          (b)   1.4 multiplied by the defined benefit compensation limitation set forth in section 415(b)(1)(B) of the Internal Revenue Code.

        (ii)   Defined Contribution Plan Fraction. The defined contribution plan fraction for any limitation year is a fraction, the numerator of which is the sum of the annual additions to the elected officials' participant's accounts under all defined contribution plans of the county or any participating agency in such limitation year and for all prior limitation years, and the denominator of which is the sum of the applicable maximum amounts of annual additions which could have been made under section 415(c) of the Internal Revenue Code for the limitation year and for all prior limitation years of the participant's employment, assuming, for this purpose, that section 415(c) had been in effect during such prior year. The applicable maximum amount for any limitation year must be equal to the lesser of 1.25 multiplied by the dollar limitation in effect for each such limitation year under subsection 415(c)(1)(A) of the Internal Revenue Code, or 1.4 multiplied by twenty-five (25) percent of the elected officials' participant's total annual compensation for each such year.

        (iii)   For purposes of the above limitations, all defined benefit plans of the county or any participating agency, whether or not terminated, are to be treated as one defined benefit plan and all defined contribution plans of the county or any participating agency, whether or not terminated, are to be treated as one defined contribution plan. defined contribution plan.

  (h)   Maximum annual benefit. Despite any other provision governing the retirement system, the annual benefit of a member must not exceed the limits of Internal Revenue Code Section 415 that apply to the plan. The Chief Administrative Officer must freeze or reduce a member’s annual benefit to comply with this subsection. Effective for limitation years after December 31, 2008, amounts required to be included under Section 414(u)(12) of the Internal Revenue Code must be included in compensation for purposes of Section 415 of the Internal Revenue Code.

  (i)   Retirement incentive Program.

    (1)   Eligibility.

      (A)   A Group A or H member may participate in the Retirement Incentive Program if the member is eligible for normal retirement as of July 1, 2008 or if the member is eligible for early retirement and within two years of meeting the criteria for normal retirement as of July 1, 2008

      (B)   An elected or appointed official is not eligible to participate.

      (C)   A member who wishes to participate must notify the Office of Human Resources in writing by May 21, 2008.  Any member chosen to participate must complete all required forms and retire as of July 1, 2008.

      (D)   Any member employed by a participating agency is not eligible to participate.

      (E)   A member who retires on a disability retirement under Section 33-43 or a discontinued service retirement under Section 33-45(d) is not eligible to participate.

    (2)   Early Retirement Reduction.

      (A)   A member who is eligible for early retirement and within one year of meeting the criteria for normal retirement must not have any early retirement reduction applied to the member’s pension benefit.

      (B)   A member who is eligible for early retirement and within two years of meeting the criteria for normal retirement must have an early retirement reduction factor of 2% applied to the member’s pension benefit.

    (3)   Additional Retirement Benefit.

      In addition to a member’s pension benefit calculated under this Section, the member must receive an additional $25,000 retirement benefit.  The member may elect to receive the additional $25,000 retirement benefit as follows:

      (A)   When the member retires, the additional $25,000 retirement benefit must be paid:

        (i)   to the member in one lump sum;

        (ii)   as a direct rollover to an eligible retirement plan (as defined in the Internal Revenue Code); or

        (iii)   a combination of (i) and (ii);

      (B)   Beginning on the member’s retirement date, 12 monthly installment payments must be paid:

        (i)   to the member;

        (ii)   as a direct rollover to an eligible retirement plan (as defined in the Internal Revenue Code); or

        (iii)   a combination of (i) and (ii); or

      (C)   as an additional retirement benefit paid over the member’s lifetime in the pension option elected by the member under Section 33-44.

    (4)   Cost of Living.

      Cost of living adjustments do not apply to this benefit.  A cost of living adjustment under section 33-44(c) must not include the $25,000 additional retirement benefit.

    (5)   Approval.

      The Chief Administrative Officer must approve a request to participate in the program from a member employed in the Executive Branch.  The Executive Director of the Office of the County Council must approve a request to participate in the program from a member employed in the Legislative Branch.  If more than 20% of members eligible to participate in the Executive Branch, either Countywide or by department, apply to participate in the program, the Chief Administrative Officer may limit the number of participants, either on a Countywide or department basis.  If more than 20% of members eligible to participate in the Legislative Branch apply to participate in the program, the Executive Director of the Office of the County Council may limit the number of participants.  The Chief Administrative Officer and the Executive Director of the Office of the County Council must base any limits on the number of participants on years of service with the County.  Years of service with the County must not include service with a participating agency, purchased service, or sick leave.

    (6)   Survivor Benefit.

      If a member elects to receive the additional retirement benefit over a 12 month period and the member dies before receiving all 12 payments, the remaining payments must not be paid.

**Sec. 33-42A. 2010 Retirement Incentive Program.**

  (a)   Definitions.

    Affected class means an occupational class or a group of occupational classes in a department, including all classes in an occupational series at and below the budget level class, if:

    (1)   the class includes a position that the department director intends to eliminate; and

    (2)   eliminating the position may cause an employee in the class to be demoted or terminated.

    Affected employee means an employee assigned to a position in an affected class who has received a notice of intent or notification of a Reduction in Force (RIF).

    Enhanced retiree life insurance benefit means no reduction in any provided basic life insurance benefit for the first 10 years after the employee’s retirement date.

    Enhanced retiree health plan cost sharing benefit means a County contribution of 90% of the premium for individual coverage for any health insurance plan provided by the County for the first 5 years after the employee’s retirement date.

  (b)   Eligibility.

    (1)   A Group A, E or H member who is employed in a part time or full time position may apply to participate in the 2010 Retirement Incentive Program if the member:

      (A)   is eligible for:

        (i)   normal retirement on or before June 1, 2010; or

        (ii)   early retirement, and is within 2 years of meeting the criteria for normal retirement on June 1, 2010; and

      (B)   is an affected employee.

    (2)   A member is not eligible to participate in the 2010 Retirement Incentive Program if the member:

      (A)   receives a disability retirement under Section 33-43;

      (B)   receives a discontinued service retirement under Section 33-45(d);

      (C)   is an elected or appointed official; or

      (D)   is employed by a participating agency.

    (3)   A member must apply to participate in the 2010 Retirement Incentive Program, must complete all required forms by May 14, 2010, and must retire on June 1, 2010.

    (4)   A member who applies for a disability retirement under section 33-43 must not receive any benefit under this Section unless the member’s application for disability retirement is denied and all appeals from that denial are exhausted.

  (c)   Early retirement reduction.  A member’s pension benefit must not be reduced for early retirement if the member is eligible for early retirement and within 2 years of eligibility for normal retirement.

  (d)   Additional Retirement Benefit.  In addition to the pension benefit calculated under this Section, a participant must elect one of the following additional retirement benefits.  A part time participant must receive a pro-rata portion of the applicable retirement benefit, based on that participant’s percent of budgeted full time employment.

    (1)   $35,000 pension benefit;

    (2)   $30,000 pension benefit and an enhanced retiree life insurance benefit; or

    (3)   $28,000 pension benefit and an enhanced retiree health plan cost sharing benefit.

  (e)   The participant must elect to receive the cash portion of the additional pension benefit paid under Subsection (d) as:

    (1)   a single lump sum on July 1, 2010:

      (A)   to the member or the member’s designated beneficiary if the member dies before receiving the lump sum payment;

      (B)   as a direct rollover to an eligible retirement plan (as defined in the Internal Revenue Code); or

      (C)   a combination of (A) and (B);

    (2)   12 equal monthly payments beginning on July 1, 2010:

      (A)   to the member or the member’s designated beneficiary if the member dies before receiving all 12 payments;

      (B)   as a direct rollover to an eligible retirement plan (as defined in the Internal Revenue Code); or

      (C)   a combination of (A) and (B);

    (3)   a contribution to an account established for the member under the guaranteed retirement income plan.  A member must receive the member’s guaranteed retirement income plan account balance when the member attains the Social Security retirement age; or

    (4)   an additional pension benefit paid over the member’s lifetime in the pension option elected by the member under Section 33-44, beginning on July 1, 2010.

  (f)   Cost of Living.  Any cost of living adjustment does not apply to this benefit.  A cost of living adjustment under Section 33-44(c) must not include the additional pension benefit paid under this Section.

  (g)   Approval.  The Chief Administrative Officer must approve a request to participate in the program from a member employed in the Executive Branch.  The Executive Director of the Office of the County Council must approve a request to participate from a member employed in the Legislative Branch.  The Chief Administrative Officer and the Executive Director of the Office of the County Council must not approve more applications from an affected class than the number of positions that are abolished in the affected class.  The Chief Administrative Officer and the Executive Director of the Office of the County Council may disapprove an application if a vacancy created by a member participating in the program cannot be filled by a member of an affected class.  If more members apply to participate in the program than the number of positions abolished, the participants must be approved in order of County seniority calculated under the RIF personnel regulation in the following order:

    (1)   participants who applied for the proposed 2009 Retirement Incentive Program; and

    (2)   all other participants.

  (h)   Repayment.  A participant must repay the lump sum benefit received to the Employees’ Retirement System Trust Fund before returning to County service as an employee or under a contract.

  (a)   retired with a discontinued service pension; or

  (b)   participated in the retirement incentive program.

  The Executive’s Recommended Budgets for FY12, FY13, and FY14 must compare the number of positions in each class of positions eligible for the retirement incentive program approved for funding in FY11 with the number of positions in the same class recommended for funding in the recommended budget.

**Sec. 33-43. Disability retirement.**

  (a)    Applicability. This Section applies to an application for disability benefits filed by any member or a medical reevaluation of a disability retiree under subsection (g).

  (b)    Definitions. In this Section, the following words and phrases have the following meanings:

    Applicant means any member who has filed an application for disability retirement under subsection (d)(1).

    Certified representative means an employee organization certified under Section 33-79, 33-106, or 33-151 to represent a bargaining unit.

    Disability Arbitration Board or Board means one of the 3 panels designated under subsection (m)(1) to review an appeal of the Chief Administrative Officer's final decision regarding an application for disability benefits filed by any member except a member of the Police Bargaining Unit.

    Disability Review Panel or Panel means the 4 medical doctors appointed as Panel members by the Chief Administrative Officer under subsection (c).

    Medical doctor means a doctor of medicine or osteopathy who graduated from a medical school accredited by the American Medical Association and is licensed to practice medicine in Maryland.

    Medical specialty means a field of medicine, such as orthopedic surgery or neurology, which requires specialized training and certification.

    Occupational medicine means a medical speciality which focuses on the health of workers, including the ability to perform work; the physical, chemical, biological, and social environments of the workplace; and the health outcomes of environmental exposures.  Practitioners of occupational medicine address the promotion of health in the work place and the prevention and management of occupational and environmental injury, illness, and disability.

    Partial incapacity means a member’s inability to perform one or more essential functions of the position the member holds because of impairment that:

    (1)   is unlikely to resolve in the next 12 months;

    (2)   may be permanent; and

    (3)   does not prevent the member from performing any other substantial gainful activity.

    Police Disability Arbitration Board or Police Board means the 3 persons designated under subsection (m)(1) to review an appeal of a decision by the Chief Administrative Officer affecting a member of the Police Bargaining Unit’s right to disability benefits.

    Residual functional capacity means what the individual can still do, despite the individual’s impairment.  The County must give the term residual functional capacity the same meaning as the term is given by the U.S. Social Security Administration.

    Substantial gainful activity means a level of productive work that requires significant physical or mental duties, or a combination of both, performed for pay or profit on a full- time or part-time basis.  An individual is able to perform a substantial level of work if the individual is able to earn more than the U.S. Social Security Administration’s current monthly earnings limit for a disabled person.  The County must give the term substantial gainful activity the same meaning as the term is given by the U.S. Social Security Administration.

    Total incapacity means the member's inability to perform substantial gainful activity because of an impairment that:

    (1)   is unlikely to resolve in the next 12 months; and

    (2)   may be permanent.

  (c)    Selection of the Disability Review Panel.

    (1)   The Chief Administrative Officer must appoint 4 members of the Disability Review Panel from a list of at least 5 impartial, unbiased medical doctors willing and able to serve provided by one or more impartial medical organizations retained by the Chief Administrative Officer.  If the list of doctors provided by the impartial medical organization is not agreed to by the certified representatives and the County, the certified representatives must strike 1 name from the list and the County must strike 1 name from the list by alternating strikes.  The Chief Administrative Officer must appoint a member from the remaining 3 names on the list.

    (2)   The Chief Administrative Officer must appoint members who are licensed to practice medicine and certified in a medical specialty under standards established by the American Board of Medical Specialties (or a successor organization). At least 1 member must be either:

      (A)   certified by the American Board of Preventive Medicine (or a successor organization) as a specialist in occupational medicine; or

      (B)   certified in a different medical specialty and have at least 10 years of experience practicing occupational medicine.

    (3)

      (A)

        (c)

          (1)

            (c)

              (6)   The Chief Administrative Officer must appoint members under subsection (c)(1) for staggered 3-year terms. To implement the staggered terms, the Chief Administrative Officer must appoint the first member to  a 3-year term, the second member to a one-year term, and the third and fourth members to a 2-year term. After these initial appointments, the Chief Administrative Officer must appoint all members to 3-year terms, except for any member appointed under subsection (c)(6) to fill a vacancy.

      (B)   After the Chief Administrative Officer appoints or reappoints a Panel member, the Chief Administrative Officer must promptly send each certified representative a copy of the document confirming the appointment.

    (4)   When a Panel member's term expires, the Panel member my be reappointed to a new 3-year term unless, at any time within 30 days to 60 days prior to the expiration of the term, a certified representative notifies the County and the other certified representatives or the County notifies the certified representatives that it objects to the reappointment of the Panel member. If there is no objection, the Panel member is eligible to serve an additional term or terms.

    (5)   If a Panel member declines to be reappointed to the Panel, the Chief Administrative Officer must appoint a new Panel member from a list of at least 5 medical doctors as provided for in subsection (c)(1).

    (6)   If a vacancy on the Panel is created by a Panel member's death, disability, resignation, non-performance of duty, or other cause, the Chief Administrative Officer must appoint a medical doctor to complete the Panel member's term from a list of at least 5 medical doctors as provided for in subsection (c)(1).

    (7)   The County must pay the impartial medical organization retained by the County and each Panel member reasonable compensation, as determined by the Chief Administrative Officer, for services rendered.

  (d)    Disability retirement procedures.

    (1)   An application for disability retirement may be filed with the Chief Administrative Officer by:

      (A)   a member;

      (B)   a certified representative on behalf of a represented member or

      (C)   the department, office, or agency head under subsection (k).

    (2)   The Disability Review Panel must consider an application for disability retirement benefits filed by a member or a certified representative.  The Panel must determine if an applicant is eligible for non-service-connected disability or service-connected disability in accordance with subsections (e)(2) through (4) and subsection (f).

    (3)   Subject to the limitations in subsection (f)(4)(E), the Panel may consider any information or material submitted by the applicant, the certified representative or the County.

    (4)   Before the Panel discusses an application for a member other than a member of the Firefighter/Rescuer Bargaining Unit, the Panel must advise each party of the deadline date for submitting information to the Panel.  The Panel must allow a reasonable amount of time for the parties to submit additional information, and may extend the deadline at the request of either party for good cause shown.

    (5)   Except for information from a member of the Firefighter/Rescuer Bargaining Unit, the Panel must not accept or consider information from a member if the information is received after the established deadline date unless the information is related to:

      (A)   the applicant’s reinjury that occurred or was diagnosed after the deadline date; or

      (B)   a change in the applicant’s medical condition that occurred or was diagnosed after the deadline date.

    (6)   The Panel must review and consider all evidence submitted to it no later than 60 days after the application is filed. A Panel must include either 2 or 3 members.  At least 2 members must vote in favor of a decision to take any action under this Section.

    (7)   Within 30 calendar days after the Panel's final discussion at which the application was considered, the Panel must issue a written recommendation to the Chief Administrative Officer regarding whether the applicant meets the criteria for disability retirement benefits for non-service-connected disability in accordance with subsections (e)(2), (3) and (4) or service-connected disability in accordance with subsection (f).

    (8)

      (A)   Before making its recommendation, the Panel must:

        (i)   direct the applicant to undergo an independent medical examination (including all relevant medical tests) by a medical doctor who is not a member of the Disability Review Panel, unless the Panel finds that a medical examination is unnecessary because of the nature and severity of the injury or illness; and

        (ii)   if required for the Panel to make a recommendation as to residual functional capacity or substantial gainful capacity, request an independent vocational assessment.

      (B)   The County must pay the cost of the examination and assessment.  The results of the examination, including findings, conclusions, medical opinions and diagnoses, must be given to the applicant or the applicant’s representative immediately after the County or the Panel receives it.

      (C)   The Panel must issue its written recommendation within 30 days after the Panel receives the later of:

        (i)   the full report from the medical doctor who conducted the examination; or

        (ii)   the full report of the results of the independent vocational assessment.

    (9)   Within 20 calendar days following receipt of the Panel's written recommendation, the Chief Administrative Officer or designee must issue a final decision regarding whether the applicant meets the criteria for disability retirement benefits for non-service-connected disability in accordance with subsection (e) or service-connected disability in accordance with subsection (f).

    (10)   A disability retirement is effective on the date a member exhausts all accrued sick leave and accrued compensatory leave in excess of 80 hours, if any, or on the date the application is approved by the Chief Administrative Officer, whichever comes first.

    (11)   For a Group F or Group G member, the amount of any lump sum retroactive disability retirement benefit must be reduced by the total amount of any temporary total disability, temporary partial disability, or permanent partial disability payments that the County paid to the employee under the Workers’ Compensation laws after the disability retirement took effect.

  (e)    Non-service-connected disability retirement. A member may be retired on a non-service-connected disability retirement if the member:

    (1)   has 5 years of credited service;

    (2)   is mentally or physically incapacitated for the further performance of duty as the result of an illness or injury incurred after enrollment as a member, the incapacity is not due to the member's willful negligence, and the incapacity is likely to be permanent. In extenuating circumstances, the Chief Administrative Officer may waive the requirement that a member's incapacity is likely to be permanent and may approve a temporary disability retirement for one or more one-year periods until the incapacity is either removed or it becomes apparent that it is likely to be permanent;

    (3)   is not eligible for service-connected disability retirement; and

    (4)   is unable to productively perform the duties of another available position for which qualified.

  (f)    Service-connected disability retirement.

    (1)   A member may be retired on a service-connected disability retirement if:

      (A)   the member is totally or partially incapacitated as the natural and proximate result of an accident occurring, or an occupational disease incurred or condition aggravated while in the actual performance of duty;

      (B)   the incapacity is not due to the member’s willful negligence;

      (C)   the incapacity is likely to be permanent;

      (D)   the member is unable to perform the duties of either:

        (i)   the occupational classification to which the member was assigned when the disability occurred; or

        (ii)   a position of comparable status in the same department for which the member is qualified; and

      (E)   the member has not committed an offense that would justify termination for misconduct.

      (F)   For an accidental injury that does not cause mental impairment, the member must:

        (i)   report the claimed accidental injury as soon as practicable, but no later than one year after the applicant knew or should have known that the injury is likely to be disabling; or

        (ii)   submit a claim for Workers’ Compensation benefits for the accidental injury that is not dismissed as untimely.

      (G)   The time periods for reporting in subparagraphs (i) and (ii) do not begin while the member is unable to report because of incapacitating injuries.

      (H)   For an accidental injury that occurs after July 1, 2009, the member must apply for disability benefits:

        (i)   within one year after separation from County service or before July 1, 2010, whichever is later; and

        (ii)   if the applicant is a member of Group F, within 5 years after the date of the accident causing the impairment or before July 1, 2014, whichever is later, unless the member is in a chronic incapacity duty assignment.

    (2)   A Group F member who otherwise satisfies the requirements of subsection (f)(1) must not be denied a disability retirement because the member is able to perform a chronic incapacity duty assignment.

    (3)   In extenuating circumstances, the Chief Administrative Officer may waive the requirement that a member's incapacity is likely to be permanent and may approve a temporary disability retirement for one or more one-year periods until the incapacity is either removed or it becomes apparent that it is likely to be permanent.

    (4)   A Group G member who has an occupational disease that is compensable under Section 9-503 of the Maryland Workers’ Compensation Act or who incurs esophageal, lymphatic, testicular, brain, lung, bladder, or kidney cancer, multiple myeloma, melanoma, or any blood borne pathogen, is entitled to receive service- connected disability benefits if:

      (A)   the employee became a member of Group G on or after July 1, 1999, and did not use, or get terminated for using tobacco products for any purpose either on-duty or off-duty while employed by the County as a Group G member; or

      (B)   the employee became a member of Group G before July 1, 1999 and:

        (i)   did not use tobacco products more than 3 times for any purpose while on-duty after June 30, 2000;

        (ii)   if a tobacco user, completed a tobacco-cessation program approved by the County; and

        (iii)   completed a cardiovascular fitness assessment and evaluation program established by the County (or by the County and the certified representative, for members of the Firefighter/Rescuer Bargaining Unit) and made a good faith effort to follow the health and fitness recommendations that resulted from the cardiovascular assessment.

    (5)   Alternative placement incentive.

      (A)   The Chief Administrative Officer may offer a 5-percent salary increase to an employee who:

        (i)   is not a member of the Police Bargaining Unit;

        (ii)   is eligible to receive a service-connected disability retirement; and

        (iii)   accepts an alternative position in the County government for which the employee is qualified.

      (B)   The employee’s salary in the alternative position must not exceed the maximum salary of the pay grade assigned to the position.

      (C)   A member of the Office, Professional and Technical Bargaining Unit or the Service, Labor and Trades Bargaining Unit who accepts an alternative placement incentive is not eligible to apply for a service connected disability retirement based on the disability for which the alternative placement was made.

      (D)   A Group G member who accepts an alternative placement incentive:

        (i)   must remain a Group G member for the remainder of the member’s County employment; and

        (ii)   is not eligible for a service-connected disability retirement based on the medical condition that existed at the time the alternative placement was made.

      (E)   If a member applies for service-connected disability retirement instead of accepting an alternative placement incentive, the member’s failure to accept the incentive must not:

        (i)   be included in the information considered by the Disability Review Panel, Chief Administrative Officer, or Disability Arbitration Board;

        (ii)   be considered at any time by the Disability Review Panel, Chief Administrative Officer, or Disability Arbitration Board; or

        (iii)   effect the member’s eligibility for service-connected disability retirement or the amount of the service-connected disability pension benefit.

  (g)   Medical reexamination of disability retiree. The Chief Administrative Officer must require a member receiving disability pension payments to undergo either a yearly physical examination or to submit a medical doctor’s certificate verifying continuation of the disability during the 5 years after retirement, and once in every 3 years thereafter, until age 55 for a member of group B, E, F, G, or J or age 60 for a member of group A or H, unless the Chief Administrative Officer finds that a physical examination is unnecessary because of the nature and severity of the injury or illness. The Chief Administrative Officer must review the findings of the physical examination and take appropriate action, which may include submitting the results of the evaluation to the Disability Review Panel for a redetermination whether the individual qualifies for disability benefits in accordance with subsection (d). If a member does not submit to the examination, the Chief Administrative Officer may reduce or discontinue any disability pension payments which the member receives.  The Disability Review Panel may require the member to submit to an additional independent medical examination.  A member may appeal a decision to reduce or discontinue disability pension payments to the appropriate Disability Arbitration Board.

  (h)    Amount of pension at non-service-connected disability retirement. A member who retires on non-service-connected disability retirement must receive an annual pension equal to the greater of:

    (1)   the amount calculated under Section 33-42(b)(1); or

    (2)   33  percent of final earnings.

  (i)    Amount of pension at service-connected disability retirement.

    (1)   Total incapacity.  The County must pay a member who retires on service-connected disability retirement with total incapacity an annual pension calculated under Section 33-42(b)(1), except that:

      (A)   the County must substitute final earnings for average final earnings; and

      (B)   the pension must be at least 70% of the member’s final earnings.

    (2)   If the benefit calculation under Section 33-42(b)(1) is greater than any other benefit under this subsection, the County must pay a Group G member who retires on a service-connected disability retirement between June 26, 2002, and June 30, 2007, a pension based on the member’s average final earnings if that member’s average final earnings result in a greater benefit than final earnings.

    (3)   The Disability Review Panel must recommend a finding of total incapacity if the member’s service-connected disability is severe enough to meet the Social Security Administration’s requirements for disability, meaning that the member is unable to engage in any substantial gainful activity because of a medically determinable physical or mental impairment that can be expected to end in death or has lasted, or can be expected to last, for a continuous period of at least 12 months.  The member does not have to qualify for Social Security disability benefits to be eligible for benefits under this subsection.

      (A)   The Panel must base its determination of whether an individual is able to engage in any substantial gainful activity on an assessment from an independent vocational expert that considers the member’s age, education, work experience, transferable skills, and residual functional capacity.

      (B)   The Panel must determine the member’s residual functional capacity and provide this information to the independent vocational expert.

      (C)   A Panel determination that the member’s service-connected disability is severe enough to be considered a disability by the Social Security Administration is not a recommendation that the member is entitled to, or should be granted, a disability benefit by the Social Security Administration.

      (D)   If a member has already been granted disability benefits by the Social Security Administration when the member applies for a service-connected disability pension, the County must pay the member a pension of at least 70% if the Disability Review Panel finds that the award of disability benefits from the Social Security Administration was based primarily on the same medically determinable physical or mental impairment on which the Disability Review Panel awards the member a service-connected disability benefit.

    (4)   The County must pay a member who retires with partial incapacity on a service-connected disability retirement an annual pension calculated under Section 33-42(b)(1), but the benefit must be at least 52½% of final earnings if the Chief Administrative Officer finds, based on a recommendation from the Disability Review Panel, that:

      (A)   the member meets the standards to receive a service-connected disability benefit under subsection (f); and

      (B)   the member is not eligible to receive a benefit for total incapacity under subsection (i)(3).

    (5)

      (A)

        (b)

          (1)   The County must increase the partial incapacity service-connected disability pension benefit of a member calculated under Section 33-42(b)(1), from a benefit of at least 52½% to a benefit of at least 70%, if:

        (i)   the Social Security Administration awards disability benefits to the member;

        (ii)   the member submits all relevant information about the award of disability benefits from the Social Security Administration to the Disability Review Panel within 60 days after the member receives the award;

        (iii)   the Disability Review Panel finds that the award of disability benefits from the Social Security Administration was based primarily on the same medically determinable physical or mental impairment on which the Disability Review Panel originally awarded the member a service-connected disability benefit; and

        (iv)   the member applies for disability benefits with the Social Security Administration within 90 days after the Chief Administrative Officer notified the member that the service-connected disability pension benefit would be calculated as a partial incapacity.

      (B)   If a member qualifies for an increased pension benefit under subparagraph (A), the County must increase the member’s service-connected pension retroactively to the date when the pension began.

    (6)   Under this subsection, “final earnings” for a Group F or G member who is participating in a job-sharing program under a collective bargaining agreement between the County and a certified representative means the regular earnings that the member would have received if the member had been employed on a full-time basis on the last date of active service.

    (7)   The County must pay a Group F member who retires on a service-connected disability retirement on or after June 26, 2002, an annual pension calculated under subsection (i)(1) or subsection (i)(4).  However, if a greater benefit results from the calculation under Section 33-42(b)(1), the County must pay a Group F member a pension based on the member’s average final earnings if that member’s average final earnings result in a greater benefit than final earnings.

  (j)    Adjustment or cessation of disability pension payments.

    (1)   If a member receiving service-connected disability pension payments reaches the first day of the month after the member’s normal retirement date, the amount of pension then payable must not be less than the amount that would have been payable under Section 33-45(c) if the member had terminated service when the  disability pension began and had not elected a return of member contributions with credited interest.

    (2)

      (A)   The Chief Administrative Officer may reduce the amount of the disability pension payments of a member retired with total incapacity who:

        (i)   has not reached the normal retirement date; and

        (ii)   is engaged in, or is able to engage in, an occupation that pays more than the difference between the disability pension payments and the current maximum earnings of the occupational classification from which the member was disabled.

      (B)   If a member other than a Group F member meets the criteria in subparagraph (A), the Chief Administrative Officer may reduce the member’s disability pension payments until the disability pension payments plus the amount that the employee earned or is able to earn equals the maximum earnings of the occupational class from which the member was disabled.

      (C)   If a Group F member receives a non-service connected disability pension and meets the criteria in subparagraph (A), the Chief Administrative Officer may reduce the member’s disability pension payments until the disability pension payments plus the amount the employee earned or is able to earn equals 120 percent of the maximum earnings of the occupational class from which the employee was disabled.

      (D)   If a member receives a disability retirement pension, except for a Social Security disability benefit, from another employer for the same impairment, the Chief Administrative Officer must reduce the member’s disability pension payment by the amount of the other disability retirement pension.

    (3)   If the earnings capacity of a disability retiree with a total incapacity changes, the Chief Administrative Officer may change the amount of the disability retirement pension.  In this subsection, “disability pension” is the amount of pension payable without election of a pension payment option.

      (A)   For a disability retiree other than a group F member, the Chief Administrative Officer must ensure that the amount of the revised pension does not exceed:

        (i)   the original disability retirement pension plus cost-of-living increases; or

        (ii)   an amount that, when added to the amount the member earns or is able to earn, equals the maximum earnings of the occupational classification from which the member was disabled.

      (B)   For a Group F member who receives a non-service connected disability pension, the Chief Administrative Officer must ensure that the amount of the revised pension must not exceed:

        (i)   the original disability retirement pension plus cost-of-living increases; or

        (ii)   an amount that, when added to the amount that the member earns or is able to earn, equals 120 percent of the maximum earnings of the occupational classification from which the member was disabled.

    (4)   A member who receives a disability retirement pension for a total incapacity must submit to the Chief Administrative Officer by May 30 of each year a copy of that portion of the member’s federal income tax return which shows the member’s income.  If a member who receives disability pension payments does not supply the Chief Administrative Officer any information the Chief Administrative Officer needs to decide the amount of retirement pay legally due, the Chief Administrative Officer must suspend the member's pension payments until the member submits the needed information.

    (5)   If a member receiving disability pension payments returns to the service of the County or is appointed or elected to any office, the salary or compensation of which is paid wholly or in part by the County, pension payments will cease, and the individual will again become a member of the retirement system and resume member contributions.

    (6)   For any employee, except as provided below, who enrolled or re-enrolled in the retirement system on or after July 1, 1978, the member's disability retirement benefit for any month must be integrated with the primary disability benefits received from Social Security, and the total benefits from both sources must not exceed 100% of the member’s average final earnings.  This limit does not apply to cost-of-living adjustments made under Section 33-44(c).  The benefit for a member who received a disability retirement benefit on or after January 1, 2000, must not be integrated with the primary disability benefits received from Social Security, and the total benefits from both sources may exceed 100% of the member’s average final earning.

    (7)   The Chief Administrative Officer must not reduce the service-connected disability pension payments of a Group F or G member by earned income received from any source except:

      (A)   County Government employment; or

      (B)   for a Group F member, employment as a sworn law enforcement officer with full powers of arrest and authority to carry a firearm in connection with that employment.

  (k)    Administrative disability retirement. Whenever any member becomes disabled or incapacitated and is demonstrably not capable of performing the duties and responsibilities of the position to which assigned at an acceptable level of competence for medical reasons, the member must be notified by the head of the department, office or agency that in consideration of the medical condition, a disability retirement application should be initiated. If the member fails or refuses to make an application for disability retirement, the department, office or agency head may initiate a disability retirement application on behalf of the member. All pertinent information, including the member's attendance record, job performance record and medical record, must be transmitted to the Disability Review Panel.

  (l)    Appeal procedures.

    (1)   An applicant who is a member of the Police Bargaining Unit or the certified representative of the Police Bargaining Unit may appeal a decision of the Chief Administrative Officer that affects the member’s right to disability benefits to the Police Disability Arbitration Board.  An applicant who is not a member of the Police Bargaining Unit, or the certified representative on behalf of the applicant, may appeal the written decision of the Chief Administrative Officer to one of 3 Disability Arbitration Boards. An applicant must file an appeal within 20 calendar days of the date on which the applicant receives the Chief Administrative Officer's decision.

    (2)   The Police Disability Arbitration Board must consider appeals filed by members of the Police Bargaining Unit.  The 3 Disability Arbitration Boards must consider all other appeals on a rotating basis in the order in which the County receives the appeals.

    (3)   After an applicant files an appeal, the appropriate Disability Arbitration Board or Police Disability Arbitration Board with whom the appeal is filed must convene within a reasonable time and consider the appeal.

    (4)   The appeal and judicial review proceedings are governed by the Maryland Uniform Arbitration Act, except that a Board decision must not be vacated on the ground that the applicant who filed the appeal is not a bargaining unit member and did not agree to arbitrate the appeal.

    (5)   The Chairpersons of the Disability Arbitration Boards and Police Disability Arbitration Board must, for the appeals before them:

      (A)   decide all issues on prehearing procedures, including any issue related to discovery; and

      (B)   rule on all issues of law that arise before the hearing, unless ruling on the issue would decide the appeal.

    (6)   The Disability Arbitration Boards and Police Disability Arbitration Board must render decisions quickly.  The Disability Arbitration Boards and Police Disability Arbitration Board should issue written decisions on appeals within 30 calendar days after the hearing or after receiving any post-hearing briefs.

  (m)    Disability Arbitration Boards and Police Disability Arbitration Board.

    (1)

      (A)   The County Executive must appoint a different neutral arbitrator to be the Chairperson of each Disability Arbitration Board. The County Executive must select the neutral arbitrators from a list of 6 arbitrators agreed upon by the County and the certified representatives that represent all bargaining units except for the Police Bargaining Unit. To the extent possible, the 6 neutral arbitrators on the list should be experienced in law and occupational medicine. The appointment of the Chairperson of each Disability Arbitration Board must be confirmed by the County Council.  The County must give each certified representative a copy of the Council resolution confirming the appointment or reappointment of each Chairperson promptly after the Council’s action.

      (B)   The County Executive must appoint a neutral arbitrator to be Chairperson of the Police Disability Arbitration Board.  The neutral arbitrator must be selected by the County and the certified representative of the Police Bargaining Unit either by agreement or through the processes of the American Arbitration Association.  To the extent possible, the neutral arbitrator should be experienced in law and occupational medicine.  The appointment of the Chairperson of the Police Disability Arbitration Board must be confirmed by the County Council

    (2)   Each neutral arbitrator appointed by the County Executive under paragraph (1) must serve for a term of 3 years. At the expiration of the arbitrator's term, the arbitrator is eligible for reappointment to a new 3-year term unless, at any time within 30 to 60 days prior to the expiration of the 3-year term, either a certified representative gives written notice to the County or the County gives written notice to the certified representatives that it objects to the neutral arbitrator serving another term. If no objection is filed, the arbitrator is eligible for appointment to an additional term.

    (3)   If the neutral arbitrator declines to be reappointed, dies, resigns, or for other cause is unable or ineligible to serve on one of the Disability Arbitration Boards or the Police Disability Arbitration Board, a new arbitrator must be appointed by the County Executive under paragraph (1).

    (4)   The County must pay all reasonable fees and expenses of the arbitrators, as determined by the Chief Administrative Officer, except that a certified representative representing an applicant who is a member of the Office, Professional or Technical or Service, Labor and Trades Bargaining Unit must pay any fee resulting from the cancellation of a scheduled hearing if the certified representative:

      (A)   causes a hearing to be canceled and the application remanded to the Disability Review Panel; or

      (B)   causes a hearing to be canceled and rescheduled on a later date.

    (5)   The applicant, or the certified representative on behalf of the applicant, must designate an individual to serve as a member of the Disability Arbitration Board that will consider and decide the applicant's appeal. The applicant must designate an individual to serve as a member of the Police Disability Arbitration Board.  The Chief Administrative Officer must designate an individual to serve on the Disability Arbitration Board or Police Disability Arbitration Board that will consider and decide the applicant's appeal. The applicant, or the certified representative on behalf of the applicant, and the County, respectively, may designate Board members on a case-by-case basis according to each party's chosen procedure. There must be no restriction on who may serve as the designee of the applicant or the County, except that no member of the Board that will consider and decide an appeal may be involved in, or be a witness to, any matter that is before that Board.

    (6)   Each party, including participating agencies, must be responsible for the fees and expenses of its respective members. Each party, including participating agencies, must also be responsible for its own witness fees and expenses.

  (n)   Guaranteed retirement income plan.  Subsections (a)-(m) do not apply to a participant in the guaranteed retirement income plan.

    (1)   Non-public safety employees.  If a non-public safety employee participant incurs a disability before termination from County employment which makes the participant unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, the disabled participant must remain a participant in the guaranteed retirement income plan under the following rules:

      (A)   All amounts credited to the participant’s guaranteed retirement income plan account, including County contributions, are 100% vested regardless of the participant’s credited service.

      (B)   The participant must participate in the guaranteed retirement income plan under this Section until the participant dies, reaches his or her normal retirement date, or recovers from the disability.

      (C)   In determining the credit amount of County contributions under Section 33-40, the participant’s regular earnings means the regular earnings the participant would have received for the year if the participant were paid for the full year at the rate of compensation paid in the pay period immediately before the participant became disabled.

      (D)   The participant must not receive a distribution during any period in which the participant receives a County contribution credit.

      (E)   The participant must not make member contributions under Section 33-39 during the disability participation.

    (2)   Public Safety Employees.  If a public safety employee participant incurs a disability before retirement or other separation from service which, in the opinion of a physician selected or approved by the Chief Administrative Officer, renders the participant unable to perform duties satisfactorily for the employment the participant held with the County before the disability, the participant’s employment and participation in the guaranteed retirement income plan must be terminated and deemed a disability retirement under the following rules:

      (A)   All amounts credited to the participant’s guaranteed retirement income plan account, including County contributions, are 100% vested regardless of the participant’s years of credited service.

      (B)   The Chief Administrative Officer must determine the date on which a disability retirement is effective.  After a participant submits a properly completed distribution form, the Chief Administrative Officer must distribute the value of the former participant’s account balance to the former participant under this Section.

**Sec. 33-44. Pension payment options and cost-of-living adjustments.**

  (a)    Pension payment options for optional and integrated plans.

    (1)   A member may elect an optional form of pension actuarially equivalent to the normal form of retirement pension otherwise payable, unless the member qualifies for a non-service-connected disability retirement before reaching the early retirement date. The Chief Administrative Officer must not consider the health condition of the member when deciding what is “actuarially equivalent”.

    (2)   A member who qualifies for non-service connected disability retirement on or after reaching the early retirement date may elect a pension payment option.

    (3)   A member who qualifies for a service-connected disability retirement may elect a pension payment option, regardless of age and credited service.

    (4)   To elect a pension payment option, the member must file the appropriate form at least one month before the normal, early, or disability retirement date.

    (5)   The pension payment option must take effect on the member's retirement date and is void if the member or the named beneficiary dies before that date.

    (6)   The following forms of pension options are available:

      (A)   Ten-Year Certain and Continuous. The member will be paid a monthly income until death, with payments continued to the designated beneficiary until a total of one hundred twenty (120) monthly payments have been made. If the designated beneficiary dies before the end of the ten-year certain period, payments will be made to the contingent beneficiary. If the designated beneficiary and contingent beneficiary predecease the retiree, the retiree's estate shall be paid the amount of money representing the value of the annuity as of the date of death of the retiree. This option shall be the normal form of retirement pension for members enrolled before July 1, 1978, and continuously enrolled to date of retirement.

      (B)   Cash Refund Pension Option (available to members who were members of the employees' retirement system of the state on August 15, 1965). If a member dies before the total pension payments made or due equal the present value of the pension determined on the member's retirement date, the difference will be paid to the member's beneficiary.

      (C)   Joint and Survivor Pension Option.

        (i)   Under this option, the County must make pension payments in an adjusted amount to the member during the member's lifetime and, at the member's death, make pension payments to the designated beneficiary (spouse, domestic partner, or children only) who survives. The County must make the pension payments to the surviving beneficiary for the rest of the beneficiary’s lifetime [pension payments] in the amount payable to the member or other amount elected by the member, but not less than 10 percent of the amount payable to the member.

        (ii)   Upon the death of both the member and the beneficiary, a death benefit must be paid in the same manner as is provided under the normal form of retirement pension for which the member had been eligible.

        (iii)   Pop-up Option.  At retirement, the member may elect the pop-up variation of a joint and survivor option with an appropriate actuarial reduction.  Under this option, if the member and designated beneficiary divorce or the designated beneficiary dies before the member dies, the member’s monthly payments for the rest of the member’s life must “pop up” to the amount that they would have been if the member had elected the modified cash refund annuity at retirement.

      (D)   Modified Cash Refund Annuity. Lifetime pension payments will be payable to the member. If a member dies before receiving benefits in an amount equal to member contributions plus credited interest the difference will be payable to the designated beneficiary. This option shall be the normal form of retirement pension for members enrolled on or after July 1, 1978.

  (b)    Voluntary adjustment of pension payment by a member who retires before qualifying to receive social security benefits.

    (1)   A member may elect to receive an actuarial equivalent benefit of a certain level of pension payments until normal social security payments begin and an adjusted level of payments after normal social security payments begin.  A member may elect these adjustments to receive a more uniform total income from both sources.

    (2)   A member who elects to receive adjusted levels of pension payments under subsection (1) above must also choose one of the forms of pension payment options described in subsection (a)(6).

    (3)   If a member dies, the County must pay the pension benefit to the member's designated beneficiary in the form elected by the member under subsection (a)(6).

  (c)    Cost-of-living adjustment. A retired member or beneficiary, including the surviving spouse or domestic partner of a group D member or other beneficiary who survives the member under a pension option or who is otherwise eligible to receive benefits, must receive an annual cost-of-living adjustment in pension benefits.

    (1)   Each retired member or beneficiary must have a cost-of-living base which must be the Consumer Price Index most recently preceding the date of the member's retirement or death.

    (2)   The Consumer Price Index to be used for the fiscal year in which the cost-of-living adjustment is payable must be the index calculated for the month last preceding the end of the fiscal year immediately preceding the fiscal year in which the adjustment is to be effective.

    (3)   The percentage cost-of-living adjustment of pension benefits must be obtained by dividing the most recent index determined under paragraph (2) by the next preceding index multiplied by 100 less 100.

      (A)   A member enrolled before July 1, 1978, must receive the full cost-of- living adjustment.

      (B)   A member enrolled on or after July 1, 1978, must receive 100 percent of the change in the consumer price index up to 3 percent, and 60 percent of any change in the consumer price index greater than 3 percent, up to a total adjustment of 7 ½ percent in any year.  The 7 ½ percent annual limit does not apply to:

        (i)   a retired member who is disabled; or

        (ii)   a pensioner aged 65 or older for a fiscal year beginning after the date the pensioner reaches age 65.

      (C)   A Group G member enrolled on or after July 1, 1978, must receive 100 percent of the change in the consumer price index up to 3 percent, and 60 percent of any change in the consumer price index greater than 3 percent, up to a total adjustment of 5 percent in any year.  The 5 percent annual limit does not apply to:

        (i)   a retired Group G member who is disabled; or

        (ii)   a Group G pensioner aged 65 or older for a fiscal year beginning after the date the pensioner reaches age 65.

    (4)   For the purpose of this section, “Consumer Price Index” means, beginning January 1, 1978, the Consumer Price Index for All Urban Consumers (CPU-I) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics (for months before 1978, the Consumer Price Index published previously for urban wage earners and clerical workers for such months must be applicable.)

    (5)   Pension benefits are subject to decreases in the Consumer Price Index. In no instance, however, must a retired member or beneficiary receive less than the amount of pension benefits for which eligible at the time of the member's retirement.

    (6)   Notwithstanding the provisions of this Section, for members other than Group G members that qualify under subsection (3)(C), the cost-of-living adjustment must not exceed 2.5 percent for:

      (A)   credited service beginning on the first pay period after June 30, 2011; or

      (B)   a disability retirement pension based on a disability occurring after June 30, 2011.

  (d)    Applicability of cost-of-living adjustments to surviving spouses or domestic partners of group D members. Effective July 1, 1973, the provisions of subsection (c) apply to an eligible surviving spouse or domestic partner of a group D member. The cost-of-living adjustment for the surviving spouse or domestic partner of a group D member who retired or died before July 1, 1970, must be based on the Consumer Price Index published as of August 15, 1955. The cost-of-living adjustment for the surviving spouse or domestic partner of a group D member who was an active member on June 30, 1970, and who retired or died on or after July 1, 1970, must be based on the Consumer Price Index published as of the date of the member's retirement or death, whichever is earlier.

  (e)    Applicability of cost-of-living adjustments to elected officials' plan and the guaranteed retirement income plan. Cost-of-living adjustments do not apply to the elected officials' plan and the guaranteed retirement income plan.

  (f)    Distributions from the elected officials' plan. The chief administrative officer must pay an elected officials' participant's account balances in the elected officials' plan upon normal retirement or withdrawal of vested county contributions under the provisions of this subsection.

    (1)   Normal Method of Distribution. Unless the elected officials' participant elects an option under paragraph (2), the normal method of distribution must be a variable annuity that reflects investment gains and must be paid for the elected officials' participant's life.

    (2)   Optional Methods of Distribution. An elected officials' participant may choose to have the account balances paid to that elected officials' participant in one of the following optional methods:

      (A)   A single, lump-sum cash payment.

      (B)   A joint and survivor annuity. A joint and survivor annuity as used in this subsection means an annuity payable for the life of the elected officials' participant, with a survivor's annuity payable for the life of the spouse or domestic partner of the elected officials' participant in an amount at least equal to one-half of the amount of the annuity payable during the joint lives of the elected officials' participant and the spouse or domestic partner of the elected officials' participant, and which is the actuarial equivalent of a single annuity for the life of a participant.

      (C)   A single-life annuity that will be payable to the elected officials' participant during the life of that participant. If the elected officials' participant dies before receiving an amount equal to the required and voluntary elected officials' participant contributions account balances, including picked-up contributions, the difference must be paid to the beneficiary of the elected officials' participant.

      (D)   A life annuity with a ten-year certain option. This option provides an adjusted pension payable as long as the elected officials' participant lives, but guaranteed for a period of ten (10) years beginning on the date the payment of the account balances is to begin. If an elected officials' participant dies before expiration of the guaranteed period, payment is continued to the beneficiary at the same rate. If the beneficiary dies after having received at least one (1) payment while further payments are due, the further payments are made to a person designated by the elected officials' participant as a contingent beneficiary, or, in the absence of a contingent surviving beneficiary, the commuted value of the payments is paid to the estate of the last surviving beneficiary in a single lump-sum.

      (E)   An annuity that provides gradually increasing pension payments, based on the elected officials' participant's life expectancy at the time of retirement. The payments are made for the life of the elected officials' participant.

      (F)   Payment of the account balances of the elected official participant in the form of as nearly equal periodic payments as the market will allow, over a period not exceeding the lesser of the joint life expectancy of the elected officials’ participant and the elected officials’ participant’s beneficiary or twenty (20) years. Notwithstanding the preceding, payments must comply with the requirements of Internal Revenue Code Section 401(a)(9), as amended, and the corresponding Treasury Regulations.

    (3)   If benefits under the elected officials' plan are payable under any method other than the lump sum method, the chief administrative officer may utilize the account balances of the elected officials' participant to buy an annuity contract from an insurance company authorized to do business in the State of Maryland. The contract must provide for payment in the method the elected officials' participant chose.

    (4)   The county executive may adopt regulations under method (3) to provide a procedure for an elected officials' participant to choose an alternate method of distribution.

  (g)    Distributions from the Guaranteed Retirement Income Plan.  A participant who receives a contribution under Section 33-42A must not receive a distribution until the participant attains the Social Security retirement age.  Any other participant may receive a distribution when the participant terminates County employment.  A participant may elect a distribution from the guaranteed retirement income plan of a participant’s vested guaranteed retirement income plan account balance as follows:

    (1)   Lump Sum Method of Distribution.  Unless a participant elects an annuity under paragraph (2), a participant must receive the participant’s vested guaranteed retirement income plan account balance in a single lump sum.  The participant may have the lump sum paid as a direct rollover to an eligible retirement plan as defined in the Internal Revenue Code.

    (2)   Annuity Method of Distribution.  A participant may elect to receive the participant’s guaranteed retirement income plan account balance paid in:

      (A)   a single life annuity payable to the participant during the life of that participant; or

      (B)   a joint and survivor annuity payable to the participant over the participant’s lifetime and, at the participant’s death, payable to the designated beneficiary (spouse, domestic partner, or children only) who survives.  Payments must be made for the designated beneficiary’s lifetime in the amount payable to the participant or another amount elected by the participant, but not less than 10 percent of the amount payable to the participant.

    (3)   No other form of payment options listed in this Section is available to guaranteed retirement income plan participants.

  (h)

    (1)   Required commencement of benefit payments from the elected officials’ plan.  The distribution of an elected officials’ participant’s retirement benefits must be made no later than April 1 of the calendar year following the later of the calendar year in which the elected officials’ participant attains age 72 or the calendar year in which the elected officials’ participant retires. In the alternative, the payment of benefits to an elected officials’ participant must begin not later than such April 1 under a method of payment that, in accordance with the applicable United States Treasury Regulations, provides for distribution of the elected officials’ participant’s benefits over:

      (A)   The life of the elected official's participant;

      (B)   The lives of the elected officials' participant and the elected officials' participant's designated beneficiary;

      (C)   A period not extending beyond the life expectancy of the elected officials' participant; or

      (D)   A period not extending beyond the life expectancy of the elected officials' participant and the elected officials' participant's designated beneficiary.

    (2)   Notwithstanding any other provision, an elected official’s account balance of $1,000 or less must be automatically distributed in a lump sum as soon as administratively feasible after termination of employment without a request from the elected official.  If the distribution cannot be made because the elected official cannot be located, the elected official will forfeit the amount. If the elected official later contacts the County, the elected official will receive the forfeited amount.

    (3)   Notwithstanding this subsection, an elected officials’ participant or beneficiary who would have been required to receive a minimum required distribution for 2020 but for the enactment of Internal Revenue Code Section 401(a)(9)(I), must receive those distributions for 2020 unless the participant or beneficiary elects not to receive such distributions.

  (i)   Period for distribution of death benefits of a retired elected officials’ participant who elected to receive benefits in the form of an annuity.. Any death benefits must be paid to a joint annuitant or beneficiary under the terms of the annuity elected.

  (j)   Period for distribution of death benefits of an elected officials’ participant who was not receiving benefits or who was receiving benefits in the form other than an annuity. Benefits must be distributed before the end of the calendar year containing the fifth anniversary of the elected official participant’s death; however, the five-year rule does not apply:

    (1)   If any portion of the elected officials’ participant’s benefit is payable to, or for the benefit of, an individual designated as a beneficiary, the benefits must be distributed by the end of the calendar year containing the tenth anniversary of the elected officials’ participant’s death.

    (2)   If any portion of the elected officials’ participant’s benefit is payable to, or for the benefit of, an eligible designated beneficiary as defined in Internal Revenue Code Section 401(a)(9)(E)(ii), benefits are payable as follows:

      (A)   The distributions must commence before the end of the calendar year following the calendar year in which the elected official’s participant’s death occurred.

      (B)   The portion of the elected officials’ participant’s benefit to which the eligible designated beneficiary is entitled must be distributed over the life of the eligible designated beneficiary, or over a period not extending beyond the life expectancy of the eligible designated beneficiary.

      (C)   If the eligible designated beneficiary is a surviving spouse, the distributions may instead commence before the later of the end of the calendar year following the calendar year in which the participant died or the end of the calendar year in which the elected officials’ participant would have attained age 72.

      (D)   If the eligible designated beneficiary is a child who has not reached majority, the benefit must be paid within 10 years of the date when the child reaches the age of majority (or other designated event permitted under applicable Treasury Regulations).

  (k)   Required commencement of benefit payments for members of the optional or integrated plans. The distribution of a member’s retirement benefit must be made, or must begin, no later than April 1 of the calendar year following the later of the calendar year in which the member attains age 72 or the calendar year in which the member retires.

  (l)   Period for distribution of death benefits of a retired member of the optional or integrated plan who was receiving benefits in the form of an annuity. Any death benefits must be paid to a joint annuitant or beneficiary under the terms of the annuity elected.

  (m)   Period for distribution of death benefits of a member of the optional or integrated plan who was not receiving benefits and the death benefit is a return of member contributions with credited interest. The benefit must be distributed before the end of the calendar year containing the fifth anniversary of the member’s death.

  (n)   Required distribution for guaranteed retirement income plan participants.

    (1)   The distribution of a participant’s guaranteed retirement income plan account balance must be made no later than April 1 of the calendar year after the later of the calendar year in which the participant attains age 72 or the calendar year in which the participant terminates employment.  Distributions must be made in accordance with subsection (g).  If the participant does not elect a form of distribution, the distribution must be made in a lump sum.  If the participant dies before beginning to receive benefits, the participant’s designated beneficiary under 33-46(h) must receive a lump sum distribution as soon as practicable after the participant’s death, but not later than the December 31st of the year containing the fifth anniversary of the participant’s death.

    (2)   A participant’s account balance of $1,000 or less must be automatically distributed in a lump sum as soon as administratively feasible after termination of employment without a request from the participant.

  (o)    Actuarial assumptions. The actuarial assumptions that will be used to determine the equivalence of various optional benefits are:

    (1)   Net interest rates (the difference between a gross interest rate and a cost-of-living allowance assumption): for actuarial equivalence under the optional nonintegrated and optional integrated provisions, the gross interest rate is six (6) percent per year, the cost-of-living allowance assumption is three (3) percent per year, and the net interest rate is three (3) percent per year; for actuarial equivalence under the mandatory integrated plan, the gross interest rate is six (6) percent per year, the cost-of-living allowance assumption is one and eight-tenths (1.8) percent per year and the net interest rate is four and two-tenths (4.2) percent per year.

    (2)   Mortality rate: UP 84 Mortality Table.

  (p)    Limitation on benefits. Notwithstanding any provision governing the retirement system to the contrary, the benefits provided by the retirement system for members whose anticipated annual benefit provided by such contributions will exceed fifteen hundred dollars ($1,500.00), and who are within the twenty-five (25) highest paid employees as of the time of the establishment of the retirement system (including any such highest paid employees who are not members at the time but who may later become members) must be subject to the conditions which are stated from time to time in applicable United States Treasury Regulations. The restrictions also apply to any increases in benefits following the establishment of the retirement system, as may be provided for in applicable United States Treasury Regulations.

  (q) 
									   Direct rollover distributions.
									 A member or beneficiary may elect, in any manner prescribed by the Chief Administrative Officer at any time, to have any portion of eligible rollover distribution paid directly to an eligible retirement plan specified by the member in a direct rollover. A member may not elect a direct rollover if the eligible rollover distribution is less than $200.00.  As used in this subsection:

    (1)   direct rollover means a payment from the retirement system to the eligible retirement plan specified by the member;

    (2)   eligible retirement plan means:

      (A)   an individual retirement account described in Internal Revenue Code Section 408(a);

      (B)   an individual retirement annuity described in Internal Revenue Code Section 408(b) (other than an endowment contract);

      (C)   a qualified trust;

      (D)   an annuity plan described in Internal Revenue Code Section 403(a);

      (E)   an eligible deferred compensation plan described in Internal Revenue Code Section 457(b) which is maintained by an eligible employer described in Internal Revenue Code Section 457(e)(1)(A); or

      (F)   an annuity described in Internal Revenue Code Section 403(b).

    (3)   eligible rollover distribution means any distribution of all or any portion of the retirement benefit; except:

      (A)   any distribution which is one of a series of substantially equal periodic payments (not less frequently than annually) made:

        (i)   for the life (or life expectancy) of the employee or the joint lives (or joint life expectancies) of the employee and the employee’s designated beneficiary; or

        (ii)   for a specified period of 10 years or more; or

      (B)   any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code, as amended; and

    (4)   beneficiary includes a non-spouse beneficiary.  A non-spouse beneficiary may make a direct rollover only to an inherited individual retirement account or annuity described in Sections 408(a) or 408(b) of the Internal Revenue Code that is established on behalf of the non-spouse beneficiary. Such rollover must be made in a manner consistent with Section 402(c)(11) of the Internal Revenue Code and any other applicable guidance.

  (r)   Limitations Under Internal Revenue Code.  Distributions under a plan must be subject to the limitations of Section 401(a)(9) of the Internal Revenue Code, including the incidental death benefit rules under Section 401(a)(9)(G) of the Internal Revenue Code,  in accordance with any proposed or final regulations under Section 401(a)(9) of the Internal Revenue Code.

  (s)   Transfer from Retirement Savings Plan.  A participant who transfers his or her retirement savings plan account balance under Section 33-120 may elect to receive his or her account balance paid as an annuity under subsection (g)(2).

  (a)  the amendments in Section 1 to §§ 33-44 and 33-120 increasing the required distribution age from 70 ½ to 72 must take effect for individuals attaining age 70 ½ after December 31, 2019; and

  (b)  the amendments in Section 1 to §§ 33-44 and 33-120 requiring distributions to beneficiaries upon a participant’s death must take effect for deaths occurring after December 31, 2021.

  2003, ch. 3, § 1, states: Rule of Interpretation.  The amendments made by Section 1 of this Act must be interpreted to comply with requirements stated in letters issued on December 11, 2002, and January 14, 2003, by the Internal Revenue Service to the County regarding the continued qualification of County employee retirement plans.  2003, ch. 3, § 2, states, in part: Retroactivity. (f) The amendment made by Section 1 of this Act to Code Section 33-44 takes effect January 1, 2001.

**Sec. 33-45. Vested benefits and withdrawal of contributions.**

  (a)   Eligibility for vesting for optional and integrated plans.  A member must complete 5 years of membership before the member is qualified to vest, except that a member who has transferred service credit from a public retirement system in Maryland may use that service credit to qualify for vesting. A vested member must leave all member contributions, plus credited interest, in the fund to be eligible to receive retirement benefits. Notwithstanding the preceding, a member may use credited service under any County retirement plan as credited service for vesting purposes.

  (b)    Withdrawal of contributions for optional and integrated plans.

    (1)   In accordance with paragraph (2), the County must refund a member’s contributions with credited interest to:

      (A)   a member whose County service ends before the member is eligible to vest; and

      (B)   a member eligible to vest whose County service ends and who voluntarily elects to withdraw, thus ceasing to be a member.

    (2)

      (A)   If a member’s contributions and interest are more than $1,000, to obtain a refund of contributions, a member must properly complete and submit an application for a refund.

      (B)   If a member’s contribution and interest are more than $1,000, and the member does not properly complete and submit an application for a refund, the County must refund the contributions with credited interest under the minimum distribution requirements of the Internal Revenue Code and corresponding regulations.

      (C)   Notwithstanding any other provision, if the member’s contributions and interest is $1,000 or less, the amount must be distributed in a lump sum as soon as administratively feasible after termination of employment even if the member does not submit an application.  If the distribution cannot be made because the member cannot be located, the member will forfeit the amount.  If the member later contacts the County, the member will receive the forfeited amount.

    (3)   If a vested member dies before the normal retirement date, the County must pay the designated beneficiary a lump sum death benefit equal to the member's contributions plus credited interest.

  (c)   Vested benefits.

    (1)   Before July 1, 1989, a vested member is eligible to receive a percentage of the normal retirement pension that has accrued to date of termination, with payments beginning on the first day of the month following the member's normal retirement date. Percentage of vested rights will be based on years and months of credited service under the following schedule:

Completed Years  of Credited Service | Percentage of Vested Rights
5 | 50%
6 | 60%
7 | 70%
8 | 80%
9 | 90%
10 or more | 100%

If a vested member who has reached normal retirement date dies after qualifying to receive retirement benefits, the designated beneficiary is entitled to receive whatever benefits may be provided under the pension payment option elected. However, an elected or appointed member who has completed 5 years in office, vests 100 percent if the member's service terminates before normal retirement date with a minimum monthly benefit of $150.00.

    (2)   On or after July 1, 1989, a member who has completed 5 years of credited service is fully vested in a normal retirement pension that has accrued to date of termination, with payments beginning on the first day of the month following the member's normal retirement date.

    (3)   A former member who has completed 5 years of credited service but has not completed 10 years of credited service, who did not elect to receive a return of accumulated member contributions upon termination of employment, and who returns to county service on or after July 1, 1989, must complete one additional year of credited service before becoming fully vested.

    (4)   A former member who has completed 10 years of credited service, who did receive a return of accumulated member contributions upon termination of employment and who returns to county service on or after July 1, 1989, must complete 5 additional years of credited service, before becoming fully vested. However, if the member purchases prior county service under section 33-41(1), the member must complete the number of years of credited service which in addition to those years purchased under section 33-41(1) equals 5 years of credited service, but in no event may the member fully vest without completing at least one additional year of credited service.

    (5)   If a vested member who has reached normal retirement date dies after qualifying to receive retirement benefits, the designated beneficiary is entitled to receive whatever benefits are provided under the pension payment option elected. If a vested member who has reached normal retirement date dies after qualifying to receive retirement benefits, but has not designated a beneficiary, no benefit will be paid unless required by another provision governing the retirement system.

    (6)   An elected or appointed member who has completed 5 years in office, and is not otherwise fully vested under paragraphs (c)(2) through (c)(5) of this section will vest 100 percent if the member's service terminates before normal retirement date with a minimum monthly benefit of $150.00. However, an elected or appointed member who has any combination of years of credited service or years in office, will vest 100 percent if the member's service terminates before normal retirement date.

    (7)   Vested benefits for a member who is an elected official on July 1, 1989, will be determined under paragraph (c)(1) of this section before December 3, 1990. On and after December 3, 1990, the elected official's vested benefits will be determined under paragraphs (c)(2) through (c)(6) of this section.

    (8)   Vesting for the guaranteed retirement income plan.  A member, except a member who is an elected official, has a 100% vested interest in the member’s County contribution credits and the credited interest on the member’s County contribution credits after the member attains 3 years of credited service.  A member who is an elected official has a 100% vested interest in the member’s County contribution credits and the credited interest on the member’s County contribution credits after the member attains the lesser of a full term of office or 4 years of credited services. A member who is not 100% vested in accordance with the preceding two sentences must become 100% vested in the member’s County contribution credits and the credited interest on the County contribution credits from the effective date of a termination of the guaranteed retirement income plan or upon death or disability.  A member is disabled if the member is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.  A member who terminates employment with the County and is not vested in any County contribution credits or the credited interest on the County contribution credits must forfeit the County contribution credits plus the credited interest on the County contributions credits.

    (9)   For purposes of this subsection, vesting will be in accordance with Section 401(a)(37) of the Internal Revenue Code. Effective January 1, 2007, the beneficiary of a member on a leave of absence to perform military service with reemployment rights described in Section 414(u) of the Internal Revenue Code, where the member cannot return to employment on account of his or her death, must be entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) that would be provided under the employees’ retirement system had the member died as an active employee, in accordance with Section 401(a)(37) of the Internal Revenue Code. This provision applies to the elected officials’ plan, the guaranteed retirement income plan, and the optional and integrated plans.

  (d)   Discontinued service retirement for optional and integrated plans.

    (1)   Any member whose employment has been terminated by an administrative action may elect a discontinued service pension if the member has at least 10 years of continuous service.  Except for a Group G member, pension payments must begin on the member's early retirement date, or immediately if the member is eligible for early retirement.  For a Group G member, pension payments must begin on the member’s normal retirement date, or immediately if the member is eligible for normal retirement.

    (2)   A member who has been dismissed for cause or who has resigned is not eligible for a discontinued service pension.

    (3)   A member enrolled on or before June 30, 1978, and continuously enrolled thereafter, may substitute 10 or more years of credited service for the 10 or more years of continuous service requirement.

    (4)   The discontinued service retirement pension of a member who has been continuously enrolled in the retirement system since before July 1, 1978, is the amount of pension the member would have received under Section 33-42(b) for regular retirement, as modified as follows:

      (A)   substitute "final earnings" wherever the term "average final earnings" appears in the applicable formula under Section 33-42(b);

      (B)   add 5 percent of final earnings; and

      (C)   treat a member who submitted an application to transfer from the optional plan to the integrated plan before September 26, 1983, as if the member had remained in the optional plan.

    (5)   The discontinued service retirement pension of any other member is the amount of pension the member would have received under Section 33-42(b)(2) for regular retirement.

  (e)   Discontinued service benefits of elected and appointed members.

    (1)   If an elected or appointed member with 10 or more years of credited service, is not reappointed or reelected, the member may opt to:

      (A)   receive a pension immediately, if the member enrolled or reenrolled before January 22, 1974; or

      (B)   receive a pension at age 60, if the member enrolled or reenrolled on or after January 22, 1974.

    (2)   The pension for a member enrolled or reenrolled on or before September 26, 1983, or who submitted an application to transfer from the optional plan to the integrated plan before September 26, 1983, is the pension the member would have received under Section 33-42(b) for regular retirement, except that:

      (A)   "final earnings" replaces "average final earnings" in the applicable formula in Section 33-42(b);

      (B)   a member who submitted an application to transfer from the optional plan to the integrated plan before September 26, 1983, must be treated as if the member had remained in the optional plan; and

      (C)   the monthly benefit must be at least $300.00.

    (3)   The pension for a member enrolled or reenrolled after September 26, 1983, or a member who submits an application to transfer from the optional plan to the integrated plan after September 26, 1983, is the amount of pension the member would have received under Section 33-42(b)(2) for regular retirement, except that:

      (A)   "final earnings" replaces "average final earnings" in the applicable formula in Section 33-42(b); and

      (B)   the monthly benefit must be at least $300.

  (f)   [Exception.] Section 33-45 does not apply to the elected officials' plan.

  (g)   Limitation on the use of forfeitures. Except as provided in section 33-40(c), any forfeitures arising through the termination of members who have not attained full vesting must not be used to increase the benefits of any other member in the retirement system.

**Sec. 33-46. Death benefits and designation of beneficiaries.**

  (a)    Beneficiary death benefits of an active member whose death is not service connected. Upon the death of a member under circumstances not covered by subsection (b), the designated beneficiary must receive a death benefit payment equal to:

    (1)   member contributions, including picked-up contributions, with credited interest, or a spouse's, or domestic partner's,  and children's benefit as provided in subsection (e); plus

    (2)   50 percent of average final earnings if the member was a member of the employees' retirement system of the state of Maryland as of August 15, 1965, and became a member of the employees' retirement system of the County on or before December 31, 1966, or such later agency entrance date without a break in service, and who is not on leave without pay except for authorized leave without pay for illness.

  (b)    Spouse's, or domestic partner’s, and children's benefits of a member whose death is service connected.

    (1)

      (A)   If a member other than a Group F or G member dies while employed by the County or a participating agency and the employing department or agency, a beneficiary, or another person submits satisfactory proof to the Chief Administrative Officer that the employee’s death resulted from injuries sustained in the line of duty or was directly attributable to the inherent hazards of the duties the employee performed and the death was not due to willful negligence, the County must pay benefits as follows:

        (i)   a spouse's or domestic partner’s benefit equal to 25 percent of the member's final earnings, paid as a monthly benefit for the spouse’s or partner’s life, but not less than $250 per month; plus

        (ii)   a child's benefit equal to 5 percent of the member's final earnings, paid as a monthly benefit, but not less than $50 per month until the child reaches age 21 or for life if the child is disabled and incapable of self-support.

      (B)   The Chief Administrative Officer must ensure that the maximum total benefit for a spouse or domestic partner and child  must not exceed 40 percent of the member's final earnings.

      (C)   The Chief Administrative Officer must not pay the benefit to the spouse or domestic partner and child if the spouse or domestic partner elects to receive benefits under subsection (e).  However, the Chief Administrator must pay a child's benefit if the eligible spouse or domestic partner dies before the child is 21 years old.

    (2)   Except as provided under paragraph (4) of this subsection (b), the Chief Administrative Officer must pay death benefits to the spouse or domestic partner and child of a Group F or G member as if the member had been receiving a service-connected disability pension on the date of the member’s death and had selected a joint and survivor pension option of 100 percent of the amount payable to the member, if:

      (A)   the Group F or G member died while employed by the County; and

      (B)   the employing department, a beneficiary, or another person submits satisfactory proof to the Chief Administrative Officer that the member’s death:

        (i)   resulted from injuries the employee received in the line of duty or was directly attributable to the inherent hazards of the duties the employee performed; and

        (ii)   was not due to the employee’s willful negligence.

    (3)   Except as provided under paragraph (4) of this subsection (b), the Chief Administrative Officer must pay a benefit to the spouse or domestic partner and children of a Group G member who dies on or after July 1, 2004, or of a Group F member who dies on or after January 1, 2025, under the conditions stated in paragraph (2) of subsection (b) as if the member had died while receiving a service connected disability retirement benefit of at least 70 percent of the member’s final earnings.

    (4)   Group F or G – Line of duty death benefits for surviving spouses or domestic partners and children.

      (A)   Within 60 days of the death of a Group F or G member under the conditions stated under paragraph (2) of subsection (b), the surviving spouse or domestic partner and children may elect to receive:

        (i)   upon the death of a Group F member, the benefit the spouse or domestic partner and children would have received if the member had terminated employment on the day before the date of death with exactly 25 years of total credited service, as described in Section 33-41, and had elected a 100 percent joint and survivor pension option;

        (ii)   upon the death of a Group G member, the benefit the spouse or domestic partner and children would have received if the member had terminated employment on the day before the date of death with exactly 20 years of total credited service, as described in Section 33-41, and had elected a 100 percent joint and survivor pension option;

        (iii)   the benefit under paragraph (2) of this subsection (b); or

        (iv)   if the member died after becoming eligible to vest or retire, the benefit under subsection (e) of this section.

      (B)   The Chief Administrative Officer must process the election under subparagraph (A) of this paragraph immediately upon receipt of the election.

      (C)   The benefit under subparagraph (A) of this paragraph:

        (i)   becomes payable upon the date the Group F or G member died; and

        (ii)   must be paid beginning on the first of the month following the date the County receives the election of benefit under subparagraph (A) of this paragraph.

  (c)    Spouse's, or domestic partner's, and children's benefits when a member who has retired on a disability dies. When a member who has retired on a disability dies, the spouse or domestic partner is entitled to receive the death benefits provided under the pension payment option elected. If the spouse or domestic partner died before the member, any child of the retiree less than 21 years old is entitled to receive these death benefits, shared equally among the member's children who are less than 21 years old.

  (d)    Actuarial value of spouse's, or domestic partner's, and children's benefits. If the actuarial value of a spouse's, or domestic partner's, and children's benefit is less than the death benefit payment otherwise payable under subsection (a), the County must pay the death benefit or the benefit's actuarial equivalent instead of the spouse's, or domestic partner's, and children's benefit.

  (e)    Spouse's, or domestic partner's, and children's benefits when an active member eligible for vesting or retirement dies.

    (1)   A surviving spouse, domestic partner, or child who is the designated beneficiary of a member who died after becoming eligible to vest or retire, may elect within 60 days after the member’s death a benefit equal to the yearly amount of benefits that would have been payable if the member had vested or retired immediately before death and had elected a 100 percent joint and survivor pension option.  The payments must begin on the member’s normal retirement date if the member was eligible for vesting, or immediately if the member was eligible for retirement.

    (2)   If the designated beneficiary who would receive a death benefit under paragraph (1) dies before the death benefit payments begin and the member designated a contingent beneficiary, the death benefit under subsection (a) must be paid to the contingent beneficiary designated by the member (or to a person designated by the beneficiary if the member left no enforceable contingent beneficiary designation.)

    (3)   If the member meets the requirements for the benefit in subsection (a)(2), the beneficiary also is entitled to receive a death benefit equal to 50 percent of the member's average final earnings.

  (f)    Designation of beneficiaries.

    (1)   A member may name a primary beneficiary or beneficiaries and contingent beneficiary or beneficiaries on a designation of beneficiaries form to be filed with the Office of Human Resources. If a member names 2 or more persons as beneficiaries, the persons must be considered co-beneficiaries unless the member specifies otherwise. A member may change any named beneficiary by written request. The consent of the beneficiary or beneficiaries is not required to name or change a beneficiary. The designation is effective when the member signs the request even if the member is not living when the Office receives the request, but without prejudice for any payments made before the Office received the request.

    (2)   If a member dies without designating a surviving beneficiary or the designation is not enforceable, the surviving spouse or domestic partner (or if there is no surviving spouse or domestic partner, each surviving child, sharing equally with any other surviving child) is the designated beneficiary for purposes of this Section and any other death benefit provided to a "designated beneficiary" under the Employees' Retirement System.  If no spouse, domestic partner, or child survives a member who left no enforceable beneficiary designation, the member's estate is the designated beneficiary.

  (g)    Elected officials plan. If an elected officials' participant dies before the County has implemented the method of distribution of benefits to the elected officials participant under a method of distribution designated in Section 33-44, the elected officials' participant's vested County elected officials' contributions account balance, including picked-up contributions, and the amounts distributable under Section 33-39(c)(2) from the elected officials' plan, must be distributed to the elected officials' participant's designated beneficiary. A beneficiary may choose to have benefits distributed in any method listed in Section 33-44(f)(2). If the beneficiary does not choose a method of distribution, the method of distribution must be a variable annuity that reflects investment gains and is payable for the beneficiary's life. The County Executive may provide by regulation adopted under method (3) a procedure for a beneficiary to choose a method of distribution.

    (1)   A participant may name a primary beneficiary or beneficiaries and contingent beneficiary or beneficiaries on a designation of beneficiary form filed with the Office of Human Resources, or designee of the Chief Administrative Officer, including a third party service provider.  If a participant names 2 or more persons as beneficiaries, the persons are considered co-beneficiaries and share the benefit equally unless the participant specifies otherwise on the designation of beneficiary form.  A participant may change any named beneficiary by completing a new designation of beneficiary form.  The consent of the beneficiary or beneficiaries is not required to name or change a beneficiary.  The designation is effective if the form is received by the Office or the designee of the Chief Administrative Officer, including a third party service provider, during a participant’s lifetime.

    (2)   If a participant dies without designating a surviving beneficiary or the designation is not enforceable under subsection (i), the surviving spouse or domestic partner (or if there is no surviving spouse or domestic partner, each surviving child, sharing equally with any other surviving child) is the designated beneficiary.  If no spouse, domestic partner, or child survives a participant who left no enforceable beneficiary designation, the participant’s estate is the designated beneficiary.

  (h)   Guaranteed retirement income plan.  Subsections (a)-(g) do not apply to the guaranteed retirement income plan.  If a participant dies before receiving the participant’s guaranteed retirement income plan account, the guaranteed retirement income plan account balance must be distributed to the participant’s designated beneficiary in a lump sum as soon as practicable after the participant’s death, but not later than the December 31st of the year containing the fifth anniversary of the participant’s death.

    (1)   A participant may name a primary beneficiary or beneficiaries and contingent beneficiary or beneficiaries on a designation of beneficiaries form filed with the Office of Human Resources, or designee of the Chief Administrative Officer.  If a participant names 2 or more persons as beneficiaries, the persons are considered co-beneficiaries and share the benefit equally unless the participant specifies otherwise on the designation of beneficiaries form.  A participant may change any named beneficiary by completing a new designation of beneficiaries form.  The consent of the beneficiary or beneficiaries is not required to name or change a beneficiary.  The designation is effective when the participant signs the form even if the participant is not living when the Office, or designee of the Chief Administrative Officer, receives the request, but without prejudice for any payments made before the Office, or the designee of the Chief Administrative Officer, received the request.

    (2)   If a participant dies without designating a surviving beneficiary or the designation is not enforceable under subsection (i), the surviving spouse or domestic partner (or if there is no surviving spouse or domestic partner, each surviving child, sharing equally with any other surviving child) is the designated beneficiary.  If no spouse, domestic partner, or child survives a participant who left no enforceable beneficiary designation, the participant’s estate is the designated beneficiary.

  (i)   For purposes of this Section, a beneficiary designation is “not enforceable” if:

    (1)   the designated beneficiary:

      (A)   predeceases the member;

      (B)   disclaims the benefit; or

      (C)   is not an identifiable person; or

    (2)   the designation is legally void for any reason.

  Sec. 4. Retroactivity.  Section 33-46(b)(4), as amended by this Act, must apply retroactively to the death of a member occurring on or after January 1, 2025. A surviving spouse of a member who died on or after January 1, 2025 and before the effective date of this Act may make their election of a benefit under Section 33-46(b)(4) within 60 days after the effective date of this Act. The benefit under this Section 3 becomes payable upon the date the member died.

  Sec. 5. Construction.  This Act must not be construed to: (1) offset, diminish, or alter death benefits provided under a collectively bargained agreement; or (2) reopen a collectively bargained agreement.

  (a)   This Act applies to Employees’ Retirement System benefits that are based on the death of a member on or after January 1, 1995.

  (b)   The Department of Human Resources must notify:

    (1) active employees;

    (2) retirees; and

    (3) any surviving spouse or child of a member who died on or after January 1, 1995,

  about the changes in law contained in this Act.  The Department may notify active employees and retirees in any form designed to reach substantially all active employees and retirees.  The Department must provide actual notice to any known surviving spouse, surviving child, and other person affected by this Act in connection with the death of a member between January 1, 1995 and the date this Act takes effect [Nov. 17, 1997].

  (c)   Any person affected by this Act in connection with the death of a member between January 1, 1995, and the date this Act takes effect [Nov. 17, 1997], within 60 days after the person receives the notice required by this Section, file any election of benefits or any other document that the person could have filed if this Act were in effect when the member died.

  (d)   The notification requirement in subsection (b) and the authority under subsection (c) to file an election of benefits or other document expire after December 31, 1999.

  (e)   If the System paid a death benefit on behalf of a member who died on or after January 1, 1995, to the member’s estate before May 15, 1997, any benefit that becomes payable to a surviving spouse or child of the member because of this Act must be reduced by the amount of the System’s payment to the member’s estate."

#### Division 4. Administration.

**Sec. 33-47. Administration.**

  (a)   Responsibility for administration. Except as otherwise provided in this chapter, the Chief Administrative Officer has the exclusive authority to manage and administer the eligibility for benefits, mandatory financial reporting, and calculation and distribution of benefits under the retirement system.

  (b)   Regulations for administration. The County Executive must establish regulations, adopted under method (1) of Section 2A-15 of this Code, for the administration of the retirement system, within the limitations of this Article. However, the County Executive must establish regulations, adopted under method (3) of Section 2A-15, for the administration of the elected officials’ plan.

  (c)   Reserved.

  (d)   Powers and duties of the Chief Administrative Officer. The Chief Administrative Officer has, but is not limited to, the following powers and duties:

    (1)   interpret the provisions of the retirement system;

    (2)   decide the eligibility of any employee and the rights of any member or beneficiary to receive benefits;

    (3)   compute the amount of benefits payable to any member or beneficiary;

    (4)   authorize disbursements of benefits;

    (5)   keep records;

    (6)   consider the recommendation of the actuary for the retirement system on contributions the County makes under this article;

    (7)   incur expenses as necessary for the Chief Administrative Officer to administer the retirement system;

    (8)   disclose the reports prepared under Section 33-51;

    (9)   prepare and file reports that are required by law;

    (10)   in connection with the participation or withdrawal of an agency as a participating agency in the retirement system:

      (A)   obtain any data and require any documentation that the Chief Administrative Officer finds necessary;

      (B)   retain an independent actuary not otherwise under contract to the system to compute the valuation of the accrued benefit of any member or group of members upon withdrawal from the retirement system by a formula set out in regulations adopted under subsection (b); and

      (C)   authorize the transfer of accrued benefits to another retirement system qualified under the Internal Revenue Code;

    (11)   authorize the refund of member contributions, and earnings thereon, to correct any contribution or withholding error; and

    (12)   delegate any power or duty under this Section.

  (e)   Payment of expenses and contributions.

    (1)   The County must pay contributions of the County to the retirement system from appropriations approved by the County Council.

    (2)   The board must pay:

      (A)   operating expenses of the integrated retirement plan, the optional retirement plan, and the guaranteed retirement income plan from the assets of these plans; and

      (B)   operating expenses of the elected officials’ plan from plan assets or from County government assets, at the direction of the Chief Administrative Officer.

  (f)   Exemption. Chapter 11B does not apply to procurement of goods and services for the retirement system by the chief administrative officer.

**Sec. 33-48. Reserved.**

  In adopting chapter 49 of the Laws of Montgomery County (Bill 54-84), it was not the legislative intent that the disability retirement hearing board and any medical review committee cease to function immediately. It was the legislative intent that the board and committees continue to function until a final decision is made on all disability retirement applications filed before the date on which the disability benefits program under article VI of chapter 33 takes effect.

  Any action taken by the disability hearing board and any medical review committee since August 11, 1985, are to be given the same force and effect as if this act had been in effect when the actions were taken.”

**Sec. 33-49. Reserved.**

**Sec. 33-50. Reserved.**

**Sec. 33-51. Reports and audits.**

  (a)   Annual and quarterly reports.

    (1)   By February 15 of each year, the chief administrative officer must submit to the county council and county executive an annual report on the status of the retirement system for the preceding fiscal year. The chief administrative officer must make the report available to all interested county officials, each member of the retirement system, and the public.

    (2)   The chief administrative officer must submit to the council a proposed format of the first annual report that includes the investment performance report of the board. The council must approve or disapprove the format and may request the chief administrator officer to provide additional information in the report. If the council does not act on the format within forty-five (45) days after the chief administrative officer submits the format, the format is automatically approved. The council may extend the time to consider the format for an additional forty-five (45) days.

    (3)   The council may request the chief administrative officer or the board to provide additional information in the annual report or in additional reports. The chief administrative officer and the board must provide the additional information.

    (4)   The chief administrative officer must submit to the council quarterly reports on the status of the retirement system. In a quarterly report the chief administrative officer may summarize information provided in an annual report.

    (5)   By March 31 of each year, the Chief Administrative Officer must submit to the Council and the Executive an annual report on the disability retirement system for the preceding calendar year that includes the number of disability retirement applications, awards, appeals, and re-examinations of retirees for each retirement group.  The Council may request the Chief Administrative Officer to provide additional information in the annual report or in additional reports.  The Chief Administrative Officer must provide the additional information.

  (b)   Annual report of member contributions and credited interest. Except for the elected officials' participant contributions to the elected officials' plan, the Board must give each member by December 1 of each year a report on the member's contributions with credited interest as of June 30 of the preceding fiscal year. The Board must give each elected officials' participant a report on the elected officials' participant contributions on a quarterly basis.

  (c)   Independent audit of the retirement system. A complete independent audit of the retirement system shall be made at least annually by the firm of certified public accountants under contract by the county council for the purpose of implementing the provisions of article III, section 315, of the charter of the county. The complete audit shall be filed with the county council and copies thereof shall be made available to the public and open to public inspection.

**Sec. 33-52. Payment of benefits.**

  (a)    Pension payment. A member's pension will be paid in advance each month during retirement, beginning on the retirement date elected. In the event of the member's death before the end of the month, advanced retirement pension for such month is not returnable. The full monthly amount of each payment will equal one-twelfth of the yearly amount of pension for the member.  Payments for less than one (1) full month must be prorated on a daily basis. When pension payments begin, the chief administrative officer must send the member a notice showing the amount and terms of payment. If the payee for any payment is a minor or an incompetent person, the chief administrative officer may authorize payments be made to the person legally responsible for the payee.

  (b)    Discontinuance of pension payments. A member must not receive pension payments while serving in an appointed or elected County office that receives any compensation paid by the County.  A member appointed to a full-time County position must become a member of the retirement system or the Retirement Savings Plan under Sections 33-37 and 33-115 and make member contributions until later separation under Article III or Article VIII.  The retirement benefit of an employee who resumes membership in the optional or integrated plan must be recalculated when the employee later separates from service.  The retirement benefit under the integrated or optional plans of Article III of an employee who becomes a member of the Retirement Savings Plan or the guaranteed retirement income plan must resume when the employee later separates from service.

  (c)    Exemption from claims. All pension payments under the system are non-assignable and are exempt from the claims of creditors to the maximum extent permitted by law.

  (d)    Advanced quarterly payments. Quarterly payments may be made in advance, or with the consent of the payee, a single sum payment in an actuarially equivalent amount may be made, if the amount of any monthly payment payable to any payee would be less than twenty-five dollars ($25.00).

  (e)    Seven-year limitation. There will be no obligation to make any payment to a payee hereunder unless the payor has received proof that the payee was living on the due date of the payment. If such proof is not received within seven (7) years after the due date of the payment, and if no proof of death of the payee is received during such seven-year period, the obligations of the payor as to the payment will be the same as if the payee had died immediately before the due date of the payment.

  (f)   Lost Participants in the Elected Officials’ Plan or Guaranteed Retirement Income Plan. The Chief Administrative Officer must use all reasonable resources to locate or communicate with a former participant or a beneficiary in order to make and process required minimum distributions as required by Internal Revenue Code Section 401(a)(9). If such efforts fail, the Chief Administrative Officer, or a third party holding these amounts, must distribute the former participant’s or beneficiary’s unprocessed required minimum distributions to the State under the unclaimed property laws. No amounts will be due to a former participant or beneficiary once paid to the State. The former participant or beneficiary must claim the distributed amounts directly from the State.

**Sec. 33-53. Protection against fraud.**

  Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud such system as a result of such act, shall be charged with a misdemeanor, and may be punishable under the laws of the county and the state. Should any change or error in the records result in any member or beneficiary receiving from the retirement system more or less than entitled to receive had the records been correct, the error shall be corrected and as far as practicable the payment shall be adjusted in such manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled will be paid. Any member or beneficiary who has received payment from the retirement system of any monies to which not entitled under the provisions of this act, shall be required to refund such monies to the system.

**Sec. 33-54. Exemption from execution, garnishment, or attachment.**

  The right of a person to pension, the return of member contributions with credited interest, any pension payment option, death benefit, or any other right accrued or accruing to any person under this Article, and the money used to fund the retirement system created by this Article are not subject to execution, garnishment, attachment or any other process, and are not assignable, except as provided in this Article, or when an employee is indebted to the County or the Montgomery County Employees' Federal Credit Union.

  Despite any other provision in this Section, a benefit is payable to an alternate payee under a domestic relations order, as defined in Section 414(p)(1)(B) of the Internal Revenue Code, if the order is considered a qualified domestic relations order under Section 414(p)(11) of the Internal Revenue Code. The Chief Administrative Officer must authorize forms and procedures to determine whether a domestic relations order is qualified, and must determine the form and timing of distributions under a qualified order.

**Sec. 33-55. Filing of retirement system plan and contract.**

  (a)   Filing of plan. The plan of the employees' retirement system of the county shall be filed with the Insurance Department of the State of Maryland and the Internal Revenue Service, United States Treasury Department.

  (b)   Filing of contract. The contract entered into between the county and the funding agent shall be filed with the Insurance Department of the State of Maryland and the Internal Revenue Service, United States Treasury Department.

**Sec. 33-55A. Qualification contingency for elected officials' plan.**

  (a)   In the event it is determined that the elected officials' plan is not a qualified plan within the meaning of section 401(a) of the Internal Revenue Code, then the provisions of this chapter regarding the elected officials' plan are repealed as of the date of the determination. The repeal dates back to the original effective date of this act.

  (b)   Any account balance with respect to county elected officials' contributions must be returned to the county as soon as administratively possible after the repeal.

  (c)   Any account balance with respect to required elected officials' participant contributions or account balance with respect to voluntary elected officials' participant contributions, including any amount picked up by the county pursuant to section 33-39(a)(3), must, as soon as administratively possible following a repeal under this section 33-55A, be returned to the elected officials' participant who made them.

  (d)

    (1)

      (e)   Following a repeal under this section 33-55A, an elected officials' participant who does not make the election provided for in subsection 33-55A(e) may choose to become a participant in a retirement plan of the retirement system in which that individual would have been eligible to participate if the elected officials' plan had never existed.

    (2)   Benefits and vesting under a plan in which the individual becomes a participant under paragraph (d)(1) must be determined based only on credited service earned or purchased after the individual becomes a participant in the plans, plus any credited service earned or purchased prior to the individual's becoming an elected officials' participant, except as otherwise provided in paragraph (d)(3).

    (3)   Credited service earned while an elected officials' participant must be counted in determining benefits and vesting under a plan in which the individual becomes a participant under paragraph (d)(1) if the individual so chooses. An individual making that choice must contribute to the plan, in a single lump-sum cash payment, the total nonvoluntary employee contributions that the employee would have been required to make under the plan for the period during which that individual was an elected officials' participant if the individual had participated in the plan instead of the elected officials' plan. The county must also make, on behalf of any individual making the choice and contribution, contributions to the plan in the amount the county would have made on behalf of that individual for the period during which that individual was an elected officials' participant if the individual had participated in the plan instead of the elected officials' plan.

  (e)   Following a repeal under this section 33-55A, an individual who was an elected officials' participant may choose to have the county establish on that individual's behalf a nonqualified deferred compensation arrangement within the meaning of section 457 of the Internal Revenue Code. The arrangement must provide for deferral of compensation, beginning as of the first day of the month following the month in which the arrangement is entered into, until the individual's normal retirement date, in amounts that are sufficient to provide for a benefit comparable to the benefit the individual would have received under the elected officials' plan from the county elected officials' contributions account of the individual, assuming for purposes of the arrangement that the elected officials' plan would have continued to the individual's date of distribution and that all county elected officials' contributions would have been made to the elected officials' plan on the individual's behalf up to that date and that the account balance in the county elected officials' contributions account as of the date of repeal under this section 33-55A, and all subsequent contributions, would have earned interest, from and after the date of repeal under this section 33-55A, at the rate of six (6) percent per year. The regular earnings of such elected official must be increased as of the first day of the month following the month in which such arrangement is entered into by an amount equal to the amount to be deferred each month under such arrangement.

**Sec. 33-56. Interpretations.**

  (a)   The Chief Administrative Officer is responsible for deciding questions arising under this Article. Any member of the County's retirement system and any retiree or designated beneficiary eligible to receive benefits from the retirement system, may request, in writing, a decision on questions arising under this Article from the Chief Administrative Officer, who must respond in writing to such request within 60 days. The response must include a statement of appeal rights.

  (b)   The Chief Administrative Officer's decision on a disability application under Section 33- 43 may be appealed under subsection 33-43.

  (c)   Any other decision by the Chief Administrative Officer may be appealed within 15 days to the Merit System Protection Board under procedures established by the Board. The decision of the Board is final.

**Sec. 33-57. Records.**

  (a)   Records generally. The chief administrative officer must prescribe the form, the scope, and the maintenance of records. The records of the retirement system must be maintained on the basis of the plan year.

  (b)   Decision of chief administrative officer on records. The decision of the chief administrative officer relating to the confidentiality, use, maintenance and disposition of all records and materials relating to the employees' retirement system of the county, and as to whether any information contained therein may be disclosed, shall be final.

  (c)   Time limit records are to be kept. The chief administrative officer, when not in conflict with state or county law, shall determine the time limit that retirement system records shall be kept on file and the final disposition of such records.

**Sec. 33-58. Trust established-Trust fund.**

  (a)   The county establishes a trust, which is part of the retirement system, for the benefit of the members of the retirement system. The trust consists of the money and property of the retirement system on the day before the day all the trustees have accepted the trust in writing, and any earnings, profits, increments, appreciation, and other additions that accrue.

  (b)   All of the money and property, all investments made with that money and property, and all earnings, profits, increments, and other additions, less the payments previously made by the board, are to be referred to as the trust fund.

  (c)   The board has legal title to all cash and other property of the retirement system, but may delegate some or all incidents of ownership as provided in this article.

**Sec. 33-59. Board of investment trustees.**

  (a)   Established.

    (1)    The Board of Investment Trustees is established to manage the trust under this Article.

    (2)   The Board continues until abolished by law.

  (b)    Membership.

    (1)   The Board has 13 trustees.

    (2)   The County Executive must appoint 4 voting, ex officio members of the Board, subject to County Council confirmation as members, who serve indefinitely while each holds the respective office.  These ex officio trustees should be:

      (A)   the Director of Management and Budget;

      (B)   the Director of Finance;

      (C)   the Chief Labor Relations Officer; and

      (D)   the Executive Director of the Office of the County Council.

    (3)   The County Executive must appoint 3 voting certified employee organization representatives, subject to County Council confirmation, as members of the Board, who serve indefinitely while each remains the designee of the certified employee representative.  These trustees must not vote on any matter involving the County deferred compensation plan.  These trustees should be:

      (A)   one representative nominated by the employee organizations certified as the representative of the Office, Professional, and Technical (OPT) and Service, Labor and Trades (SLT) bargaining units; and

      (B)   one representative nominated by the employee organization certified as the representative for the fire and rescue employee unit; and

      (C)   one representative nominated by the employee organization certified as the representative for the police employee bargaining unit under Article V.

    (4)   The following 6 trustees must be appointed by the Executive and confirmed by the Council:

      (A)   An active County employee who is a vested member of the retirement system and the Merit System, and not a member of a collective bargaining unit.  A 3-year term for this trustee ends on March 1 of every third year after the trustee is confirmed by the Council.

      (B)   A retired County employee who is a member of the retirement system.  Before appointing this trustee, the Executive must consider, and should select from, a list of 3 to 5 individuals recommended by the Montgomery County Retired Employees’ Association.  The Executive must notify the Council when nominating an individual not recommended by the Association.  A 3-year term for this trustee ends on March 1 of every third year after the trustee is confirmed by the Council.

      (C)   Two persons recommended by the Council who are knowledgeable in pensions, investments, or financial matters.  A 3-year term for these trustees ends on March 1 of every third year after each trustee is confirmed by the Council.

      (D)   Two individuals knowledgeable in pensions, investments, or financial matters. Before nominating these trustees, the Executive must consider, and should select from, individuals recommended by citizens or countywide citizens’ groups. An individual recommended by a citizens’ group need not be a member of the group. The Executive must notify the Council when nominating an individual not recommended by a citizens’ group. A 3-year term for these trustees ends on March 1 of every third year after each trustee is confirmed by the Council.

    (5)   A trustee appointed under paragraph (4) continues to serve after the trustee’s term ends until the Council confirms a successor, but the term for each position is not affected by any holdover. A trustee who, after appointment and before the end of a term, is no longer qualified for the trustee’s position is removed from the Board by operation of law.

    (6)   The Executive must not appoint as a trustee any person who furnishes, or is employed by a firm that furnishes, to pension funds and other institutional investors the kind of investment services purchased by the Board.

  (c)    Vacancies.

    (1)   A trustee may be automatically removed for missing meetings as described in Section 2-148(b).

    (2)   A vacancy on the Board must be filled for the unexpired term in the same manner as the previous trustee was appointed.

  (d)    Compensation. The trustees must serve without compensation from any source for service rendered to the Board, except that an active employee trustee may receive administrative leave to serve on the Board. The Board must reimburse trustees for any expense approved by the Board. A trustee must not receive reimbursement for expenses from any other source.

  (e)    Acceptance of trust. Within 10 days after the Council confirms a trustee, the trustee must certify in writing to the Chief Administrative Officer that the trustee accepts the trust and will administer the affairs of the trust with care, skill, prudence, and diligence.

  (f)    Written policies.

    (1)   The Board must establish written policies to administer and invest the funds created by this Article and to transact the business of the trust and the retirement system.

    (2)   The Board must apply the policies to all members and beneficiaries of the retirement system and must not discriminate in favor of or against any member or beneficiary of the retirement system.

    (3)   Any delegation of duties by the Board under Section 33-60, 33-125, or 33-145 must be specified in written policies and procedures.

  (g)    Officers. The Board must select a chair, vice chair, and secretary from the Board’s members.

    (1)   The chair must preside at meetings of the Board and may take administrative action on behalf of the Board.

    (2)   The vice chair must perform the duties and exercise the powers of the chair when the chair is unavailable, or the Board determines is otherwise unable to perform the duties of the chair.

    (3)   The secretary must record the proceedings and actions of the Board and may certify a document or action of the Board. A person may rely in good faith on the secretary’s certification as proof of the document or action.

  (h)    Meetings and actions.

    (1)   The Board must meet at least once during each calendar quarter. The chair, or 7 members of the Board, may call a meeting of the Board, in the manner and at times and places provided under the policies of the Board. The Board is a public body under the State Open Meetings Act.

    (2)   A.    Seven trustees constitute a quorum.

      B.   Each trustee has one vote.

      C.   Seven trustees must agree for the Board to act.

    (3)   The Board may act without a meeting. All of the trustees must concur in writing for the Board to approve any action the Board takes without a meeting.

    (4)   The Board may adopt procedures consistent with this Section.

  (i)    Records.

    (1)   The Board must keep investment accounts and records necessary to calculate the value of each retirement system fund and evaluate the experience and performance of the retirement system.

    (2)   The Board may designate a person to maintain the records.

    (3)   Accounts and records are subject to State law on public records.

  (j)    Removal of trustee. With the Council’s approval, the County Executive may remove a trustee for violating this Article or other good cause.

  (k)    Legal adviser. The County Attorney is the legal adviser to the Board.

  (l)   In this Section, “retirement system” means the Employees’ Retirement System, the Retirement Savings Plan, or the Deferred Compensation Plan under Article IX.

**Sec. 33-60. The board of investment trustees-Powers and duties.**

  (a)   General.

    (1)   Except as otherwise provided in this chapter, the board of investment trustees has the exclusive authority to manage and administer the investments of the assets of the retirement system. However, the powers and duties of the board must not become effective until all of the trustees have accepted the trust in writing.

    (2)

      (A)

        (c)

          (1)   The board must invest and reinvest, or cause to be invested or reinvested, as authorized in subsection (c)(1), the principal and income of the retirement system and keep the same invested without distinction between principal and income. The board has the exclusive authority to manage the assets of the retirement system.  However, any investment of the retirement system in existence on the day before all members have accepted the trust may remain as an investment until the earlier of:

        (i)   Its maturity date, if any; or

        (ii)   The date it is liquidated under the investment policy of the board.

The board must hold the annuities purchased under the Amendment, Settlement and Transfer agreement under Group Annuity Contract #1920 until Aetna Life Insurance Company has completed its performance under that agreement.

      (B)   At any time the board is selecting a new investment manager, the board may have fewer than 3 investment managers.

    (3)   Chapter 11B does not apply to procurement of goods and services for the retirement system by the board.

  (b)   Agents for transfer of property.

    (1)   The board may register any securities or other property in its own name or in the name of a nominee. The board may hold any security in bearer form. However, the board or its agent must keep records that show that the investments are part of the trust fund.

    (2)   The board may form a partnership under the laws of Maryland for the purpose of holding or transferring securities as the nominee of the board.

    (3)   The board may designate in writing a trustee to hold or transfer securities as nominee of the board.

    (4)   The board must provide that trustees or a partnership that the board designates must act only as agents of the board. The board may set other conditions that the board considers prudent.

    (5)   The trustees of a partnership the board designates may agree with a bank or other financial institution to:

      a.   Guarantee the signatures made as nominee of the board; and

      b.   Conduct settlements and transfers through participation in central security depositories.

  (c)    Authorized investments.

    (1)   The board may invest or permit an investment manager to invest the assets of the retirement system fund in any investment it considers prudent within the policies set by the board.  The board must use an investment manager except when investing in any pooled investment vehicle, including any combined, common or commingled trust fund, retirement or annuity contract, mutual fund, investment company, association, or business trust.  The board also may authorize the Executive Director to make investments in pooled investment vehicles and transition assets from one investment manager to another investment manager as the board specifies.

    (2)   If an investment through any combined, common or commingled trust fund exists, the declaration of trust of that fund is a part of the retirement system trust under this Article.

  (d)   Trustee powers. Subject to the limitations under subsection (a)(2) of this section, the board has the power to:

    (1)   select and retain the actuary for the retirement system;

    (2)   after consultation with the actuary for the retirement system, determine the actuarial cost method, and the mortality, turnover, interest rates, and other assumptions to be used in actuarial and other computations for the retirement system;

    (3)   with any cash, purchase or subscribe for any investment, at a premium or discount, and retain the investment;

    (4)   sell, exchange, convey, transfer, lease for any period, pledge, mortgage, grant options, contract with respect to, or otherwise encumber or dispose, at public or private sale, for cash or credit or both, any part of the retirement system;

    (5)   except as provided in Section 33-61A(h)(2), sue, defend, compromise, arbitrate, compound, and settle any debt, obligation, claim, suit, or legal proceeding involving the retirement system, and reduce the rate of interest on, extent or otherwise modify, foreclose upon default or otherwise enforce any debt, obligation, or claim;

    (6)   retain uninvested that part of the retirement system fund described in subsection (f) without being liable for the payment of interest;

    (7)   exercise any option on any investment for conversion into another investment, exercise any rights to subscribe for additional investments, and make all necessary payments;

    (8)   join in, consent to, dissent from, oppose, or deposit in connection with the reorganization, recapitalization, consolidation, sale, merger, foreclosure, or readjustment of the finances of any corporation or property in which the assets of the retirement system are invested, or the sale, mortgage, pledge, or lease of that property or the property of any such corporation upon such terms and conditions that the board considers prudent; exercise any options, make any agreements or subscriptions, pay any expenses, assessments, or subscriptions, and take any other action in connection with these transactions that the board considers prudent; and accept and hold any investment that may be issued in or as a result of any such proceeding;

    (9)   vote, in person or by any proxy, at any election of any corporation in whose stock the assets of the retirement system are invested, and exercise, personally or by any power of attorney, any right appurtenant to any investment held in the retirement system; and give general or specific proxies or powers of attorney with or without power of substitution;

    (10)   sell, either at public or private sale, option to sell, mortgage, lease for a term of years less than or continuing beyond the possible date of the termination of the trust, partition or exchange any real property for such prices and upon such terms as the board considers prudent, and execute and deliver deeds of conveyance and all assignments, transfers, and other legal instruments for passing the ownership to the purchaser, free and discharged of all liens;

    (11)   renew or extend any mortgage, upon such terms that the board considers prudent, and increase or reduce the rate of interest on any mortgage or modify the terms of any mortgage or of any guarantee as the board considers prudent to protect the retirement system or preserve the value of the investment; waive any default or enforce any default in a manner that the board considers prudent; exercise and enforce any right of foreclosure, bid on property in foreclosure, take a deed in lieu of foreclosure with or without paying a consideration, and release the obligation on the bond secured by the mortgage; and exercise and enforce in any action, suit, or proceeding at law or in equity any rights or remedies in respect to any mortgage or guarantee;

    (12)   form a corporation or corporations under the laws of any jurisdiction or acquire an interest in or otherwise make use of any corporation already formed to invest in and hold title to any property;

    (13)   for the purpose of investing in and holding title to real or personal property or part interests therein, as described in subsection (c)(1)h., including equipment pertaining thereto, leaseholds, and mortgages, to take any action it considers prudent;

    (14)   incur and pay expenses for agents, financial advisors, actuaries, accountants, and counsel, if those expenses are incurred solely to perform the board’s duties under this Article;

    (15)   borrow, raise, or lend moneys, for the purposes of the retirement system, in such amounts and upon such terms and conditions as the board in its discretion considers prudent; for any money borrowed, issue a promissory note and secure the repayment of this note by pledging or mortgaging all or any part of the retirement system;

    (16)   hold, buy, transfer, surrender, and exercise all other incidents of ownership of any annuity contract;

    (17)   if payments to a member or beneficiary are to be made in the form of an annuity based upon one or more lives or life expectancies, buy from any legal reserve life insurance company a single premium, nontransferable annuity contract providing for the payment of the benefits;

    (18)   pool all or any of the assets of the trust, from time to time, with assets belonging to any other retirement plan trust or retiree health benefit trust created by the County, and any subtrust thereof, and commingle such assets and make joint or common investments and carry joint accounts on behalf of this trust, such other trust or trusts, or subtrusts, allocating undivided shares or interests in such investments or accounts or in any pooled assets to the two or more trusts or subtrusts in accordance with their respective interests. Any such trusts or subtrusts may be unitized for investment purposes. Consistent with its investment authority in this Article, the Board or its delegate may also buy or sell any assets or undivided interests in this trust or in any other trust with which the assets of this trust may be pooled, to or from this trust or such other trusts at such prices or valuations as the Board or its delegate may determine in reasonable good faith. For the avoidance of doubt, the Board must determine that it is consistent with its fiduciary duties to participate in a pooled investment that permits the sale or purchase of its units as an investment option under another retirement plan or retiree health benefit trust created by the County;

    (19)   do all acts which it considers necessary and exercise any and all powers of this article with respect to the management of the retirement system, and in general, exercise all powers in the management of the assets which an individual could exercise in the management of property owned in the individual’s own right except for making an individual investment selection; and

    (20)   appoint, supervise, and remove an Executive Director under Section 33-60C.

  (e)   Prohibited transactions. The board must not engage in any transaction between the trust and the county or any entity controlled by the county in which the board:

    (1)   Lends any part of its income or corpus, without receiving adequate security and a reasonable rate of interest;

    (2)   Pays any compensation, more than a reasonable allowance for salaries or other compensation or personal services actually rendered;

    (3)   Makes any part of its services available on a preferential basis;

    (4)   Makes any substantial purchase of securities or other property, for more than adequate consideration which, for avoidance of doubt, does not include a transfer conducted on the terms described in Section 33-170(i) between employee benefit plan trusts or a subtrust;

    (5)   Sells any substantial part of its securities or other property, for less than adequate consideration which, for avoidance of doubt, does not include a transfer conducted on the terms described in Section 33-170(i) between employee benefit plan trusts or a subtrust; or

    (6)   Engages in any transaction which results in a substantial diversion of its income or corpus.

  (f)   Available cash. The board may keep cash available in an amount it considers prudent to pay benefits, expenses and other payments. The board may keep cash on deposit in one (1) or more banks or trust companies organized under the laws of any state, or of the United States, but the sum on deposit in any one (1) bank or trust company must not exceed twenty-five (25) percent of the paid-in capital and surplus of that bank or trust company.

  (g)   Investment management agreements.

    (1)   Appointment of investment manager. Except as permitted under subsection (c)(1), the board must appoint investment managers to manage, acquire, or dispose of all or some of the assets of the retirement system. The board may dismiss any manager the board appoints. The fees charged by any manager are expenses of the retirement system.

    (2)   Investment contract. Any contract must provide that when the investment manager is making individual investment selections, the investment manager must make the individual investment selections subject to the written policies of the board. In any contract, the board must identify the assets that are the subject to the contract. In any contract, the board may give an investment manager the right to invest the assets of the retirement system specified in the contract without prior notice to or approval by the board. In any contract, the board may limit the investment of a specified portion of the retirement system to a certain type of property, such as but not limited to common stocks, bonds, or real estate. If a contract only applies to a portion of the assets of the retirement system and specifies the type of property to be invested in, the manager must achieve diversification within the specified category of property, but is not responsible for diversification of investments of the entire retirement system. In any contract, the board may delegate to the investment manager any power or discretion conferred on the board under this Article and may provide that the investment manager must have custody and control of certain assets of the retirement system.

    (3)   Monitoring of investment manager. The board must monitor the performance of the managers and may terminate any appointment. Monitoring may include any tests or analyses that the board considers prudent in the circumstances to ensure the stability and growth of the retirement system.

  (h)

    (1)

      (d)

        (14)   Except as provided in subsection (d)(14), the board must pay all benefits and expenses of the retirement system as directed by the chief administrative officer.

    (2)   If the board approves a contract for delegation of the custodial functions as provided in section 33-61, the board must coordinate the payment of benefits and must monitor the timeliness and accuracy of such benefit payments.

    (3)   The board is entitled to rely on the decision of the chief administrative officer as to the proper recipient of benefit payments.

  (i)   Delegation of duties.  The Board may delegate its duties to the Executive Director or a similarly situated County employee as it deems appropriate and consistent with its fiduciary duties in a written policy and procedure.  If the Board has prudently delegated its duties and monitored the delegation, the trustees must not be liable for an act or omission made by its delegate.

**Sec. 33-60A. Sudan Investments—Restrictions**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    Actively managed separate account means assets held in a separate account by an investment manager hired by the Board.  Actively managed separate account does not include an indexed fund, private equity fund, real estate fund, mutual fund, or other commingled or passively managed fund.

    Board means the Board of Investment Trustees established by Section 33-59.

    Company means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including any wholly-owned subsidiary, majority-owned subsidiary, and parent company of any of them, or business association, that exists for profit-making purposes.

    Divestment action means selling, redeeming, transferring, exchanging, or otherwise disposing of, and refraining from further buying of, certain investments.

    Doing or does business in Sudan means maintaining equipment, facilities, personnel, or other apparatus of business or commerce in Sudan, including ownership of real or personal property in Sudan:

    (1)   for the purpose of:

      (A)   engaging in any business activity with the Government of Sudan; or

      (B)   conducting business with any company in which the Government of Sudan has a direct or indirect equity share; or

      (C)   participating in a Government of Sudan-commissioned consortium or project; and

    (2)   if the business operation includes:

      (A)   supplying military equipment in Sudan; or

      (B)   oil-related activities constituting more than 10% of the entity’s operations in Sudan; or

      (C)   mineral extraction activities constituting more than 10% of the entity’s operation in Sudan; or

      (D)   power production activities constituting more than 10% of the entity’s operations in Sudan.

    Government of Sudan means the government in Khartoum, Sudan, led by the National Congress Party (formerly known as the National Islamic Front), or any successor government formed on or after October 13, 2006 (including the coalition National Unity Government agreed upon in the Comprehensive Peace Agreement for Sudan).  Government of Sudan does not include the regional government of southern Sudan.

    Marginalized populations of Sudan means adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Public Law 109-344) or areas in Northern Sudan described in section 4(9) of that Act.

    Military equipment means:

    (1)   weapons, arms, military supplies, and equipment that readily may be used for military purposes, including radar systems or military-grade transport vehicles; or

    (2)   supplies or services sold or provided directly or indirectly to any force actively participating in armed conflict in Sudan.

    Mineral extraction activity means exploring, extracting, processing, transporting, or wholesale selling or trading any elemental mineral or associated metal alloy or oxide (ore), including gold, copper, chromium, chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and zinc.

    Oil-related activity means exporting, extracting, producing, refining, processing, exploring for, transporting, selling, or trading oil; or constructing, maintaining, or operating a pipeline, refinery, or other oilfield infrastructure.  Oil-related activity does not include the retail sale of gasoline or related consumer products in Sudan or leasing or owning rights to an oil block in Sudan.

    Power production activity means any business operation that involves a project commissioned by the National Electricity Corporation of Sudan or any similar Government of Sudan entity whose purpose is to facilitate power generation and delivery, including establishing any power-generating plant or hydroelectric dam, selling or installing components of any such plant or dam, or providing service contracts related to installing or maintaining any such plant or dam.

    Substantial action means:

    (1)   adopting, publicizing, and implementing a formal plan to cease business operations in Sudan within one year and to refrain from any such new business operations;

    (2)   undertaking significant humanitarian efforts in conjunction with an international organization, the Government of Sudan, the regional government of southern Sudan, or a non-profit entity that is evaluated and certified by an independent third party to be substantial in relationship to the company’s business operations in Sudan and of benefit to one or more marginalized populations of Sudan; or

    (3)   engaging the Government of Sudan for the purpose of materially improving conditions for the victimized populations in Darfur.

    Trust funds means the assets held for the Employees’ Retirement System and the assets held for the Retiree Health Benefits Trust.

  (b)   Review of investments. The Board must review the investment holdings in each actively managed separate account of the trust funds and identify each investment in any company that does business in Sudan.  The Board must review its investment holdings in these accounts periodically and update the list of companies doing business in Sudan at least every 6 months.

  (c)   Divestment.  The Board:

    (1)   must take divestment action with regard to investments in any company doing business in Sudan within 12 months after the Board finds that the company is doing business in Sudan; and

    (2)   must not make any new investments in an actively managed separate account in any company that does business in Sudan.

  (d)   Research.  In determining if any company does business in Sudan, the Board may:

    (1)   retain a professional consultant; and

    (2)   review publicly available information regarding companies doing business in Sudan, including information provided by a non-profit organization, research firm, international organization, or government.

  (e)   Exemption.  The divestment or investment prohibition under this Section must not apply to a company that can demonstrate that its business operations in Sudan:

    (1)   are conducted under contract directly and exclusively with the regional government of southern Sudan;

    (2)   are conducted under a license from the federal Office of Foreign Assets Control, or are expressly exempted under Federal law from the requirement to be conducted under such a license;

    (3)   consist of providing goods or services to marginalized populations of Sudan for at least 75% of its business operations in Sudan;

    (4)   consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

    (5)   consist of providing goods or services that are used only to promote health or education; or

    (6)   have been voluntarily suspended.

  (f)   Notice.  The Board:

    (1)   before taking any divestment action under this Section, must provide written notice and an opportunity to comment in writing to each company subject to the action;

    (2)   must not take the divestment action until 90 days after written notice is provided to the company; and

    (3)   must not take the divestment action if the company shows that it:

      (A)   is not doing business in Sudan;

      (B)   has taken substantial action, as defined in subsection (a); or

      (C)   is exempt from divestment under subsection (e).

  (g)   Report.  The Board must report annually to the Council and Executive on the operation of and compliance with this Section.  The report must:

    (1)   identify each investment in a company doing business in Sudan held in an actively managed separate account of the trust funds;

    (2)   list each divestment action taken under this Section; and

    (3)   calculate the administrative cost of compliance.

  (h)   Sunset.  This Section expires 30 days after the President of the United States certifies to Congress that the government of Sudan has honored its commitments to:

    (1)   abide by United Nations Security Council Resolution 1769 (2007);

    (2)   cease attacks on civilians;

    (3)   demobilize and demilitarize the Janjaweed and associated militias;

    (4)   grant free and unfettered access for delivery of humanitarian assistance; and

    (5)   allow for the safe and voluntary return of refugees and internally displaced persons.

**Sec. 33-60B. Emerging Investment Managers.**

  (a)   Legislative findings.

    (1)   Emerging investment managers, including businesses owned by women, minorities and disabled individuals, should receive an equal opportunity to provide investment management services to the Board of Investment Trustees.

    (2)   The Board of Investment Trustees has adopted a policy requiring its staff to identify qualified emerging investment managers to participate in an investment manager search, including regular monitoring of investment managers.

    (3)   Expanding opportunities for emerging investment managers will increase competition.

  (b)   Definitions.

    As used in this Section:

    Assets means total client assets managed by an investment manager.

    Emerging investment manager means:

    (1)   an investment manager with assets or product assets below the 75th percentile of their respective peer group; or

    (2)   a new or developing investment manager.

    New or developing investment manager means an investment manager:

    (1)   raising its first or second private institutional investment fund; or

    (2)   creating its first institutional product.

    Product Assets means client assets managed by an investment manager in a single strategy.

  (c)   Consistent with the fiduciary duties established in Section 33-61C, the Board must make a good faith effort to remove any barriers that limit participation by qualified emerging investment managers to manage funds for the Employees’ Retirement System.

  (d)   The Board must adopt guidelines to identify and evaluate qualified emerging investment managers. The guidelines must include procedures for:

    (1)   identifying possible firms;

    (2)   reviewing, evaluating and interviewing emerging investment managers on an ongoing basis; and

    (3)   maintaining research files on emerging investment managers.

  (e)   The Board must report annually to the Council and the Executive on compliance with this Section on or before September 1 for the prior fiscal year.  The report must:

    (1)   identify each emerging investment manager used during the fiscal year;

    (2)   list the percentage and dollar value of the assets of the trust fund, by investment sector, managed by each emerging investment manager; and

    (3)   describe the good faith effort made to include qualified emerging investment managers in the procurement process during the fiscal year.

**Sec. 33-60C. Executive Director.**

  (a)   Under the merit system, including the personnel regulations under Section 33-7 and the administrative procedures under Section 33-8, the board of investment trustees must:

    (1)   appoint an Executive Director of the retirement system from a list of qualified applicants identified under subsection (c); and

    (2)   supervise the Executive Director, up to and including the removal the Executive Director.

  (b)   The Executive Director is a County employee under the merit system.

  (c)   Under the merit system, including the personnel regulations under Section 33-7 and the administrative procedures under Section 33-8, the Chief Administrative Officer must:

    (1)   establish minimum qualifications for the position of Executive Director;

    (2)   recruit applicants for the position;

    (3)   evaluate the qualifications of applicants, including through the use of an interview panel that includes the chair of the board of trustees, or the chair’s designee, and the chair of the board of the Consolidated Retiree Health Benefits Trust, or the chair’s designee; and

    (4)   identify for the board of investment trustees at least 2 applicants that meet the minimum qualifications for the position.

  (d)   The board of investment trustees may delegate to the Chief Administrative Officer the responsibilities and duties of the board under subsection (a).

**Sec. 33-61. Custodian.**

  (a)   The director of finance is the custodian of the retirement system assets. The director must give bond with such surety and for such periods and in such amount as the board determines. All payments from the retirement system assets must be made by (i) the director of finance, (ii) a designee of the director of finance, or (iii) two (2) persons designated by the board, acting jointly. The board must file a duly attested copy of the resolution of the board designating the two (2) persons, with specimen signatures of those persons, with the director of finance to indicate their authority for making payments.

  (b)   If the board approves, the director of finance may make written contracts with banks, trust companies, insurance companies or investment companies authorized to do business in any state for the safe custody of investments, banking services, the payment of benefits and expenses and any other function necessary for the management and safeguarding of the assets of the retirement system. The contract may provide that a bank, trust company, insurance company, or investment company may invest assets of the retirement system in:

    (1)   Money market funds;

    (2)   A short-term investment fund of a bank, trust company, or insurance company; or

    (3)   Their substantial equivalent. As soon as possible after all members of the board have accepted the trust, the board must approve a written contract for the investment purposes described in this subsection.

  (c)   If the board approves, the director of finance may direct the payment of benefits and expenses from a trust account of the board.

  (d)   Chapter 11B does not apply to the procurement of goods and services for the retirement system by the director of finance.

**Sec. 33-61A. Indemnification of trustees.**

  (a)   Authorized. The County must indemnify every member of the Board who is or may become a party to any action, suit, or proceeding, including administrative and investigative proceedings, because of service as a member of the Board, including any action taken to comply with Section 33-60A, subject to the conditions stated in this section.

  (b)   Standards for indemnification.

    (1)   The county must indemnify a member of the board:

      a.   With respect to civil matters, if the member acted in good faith and in a manner that the member reasonably believed to be in the best interest of the retirement system; and

      b.   With respect to criminal matters, if the member had no reasonable cause to believe that the member's conduct was unlawful.

    (2)   If the county must indemnify a member of the board under this article, the county must indemnify the member for expenses when the member incurs the expense, including but not limited to:

      a.   Reasonably attorney fees;

      b.   Judgments;

      c.   Damages;

      d.   Fines; and

      e.   Settlements.

  (c)   Effect of termination of any suit or proceeding. The termination of any suit or proceeding does not, by itself, create a presumption that a trustee did not act in good faith and in a manner reasonably believed to be in the best interest of the retirement system. The termination of a criminal action or proceeding does not, by itself, create a presumption that a trustee had reasonable cause to believe that the conduct was unlawful.

  (d)   Exceptions to indemnification. The county must not indemnify any member of the board if:

    (1)   The member of the board is found by a court or other tribunal to be liable for gross negligence or willful and wanton misconduct in the performance of a duty to the retirement system; or

    (2)   Liability arises from action that occurred before the date on which all the trustees have accepted the trust in writing.

  (e)   Recovery of payments. If the county attorney determines that indemnification payments have been made that are outside the scope of indemnification, the county attorney must take appropriate action, on behalf of the county, to recover the payments.

  (f)   Insurance provided. The county must provide insurance for each member of the board against any liability asserted against or incurred by the member of the board with respect to service on the board. Premiums for any insurance must not be paid with assets of the retirement system. The county may self-insure for this purpose, wholly or partly. If the county does not provide adequate insurance coverage or indemnification under this section, a member of the board need not pay any amount attributable to liability incurred by serving on the board, and the county must pay any amount due.

  (g)   Defenses. The county may assert the defense of governmental immunity, or any other defense available to the county, in suits or other actions brought against the county.

  (h)   County attorney.

    (1)   The county attorney must make the final determination of eligibility of a member of the board for indemnification with respect to a matter, and of the reasonableness of all fees, expenses, and settlements.

    (2)   Unless the county attorney approves the settlement, a trustee must not use:

      a.   County funds;

      b.   Funds provided by a self-insurance program of the county; or

      c.   Funds provided under a policy the county has with an insurance company; to settle a claim against the trustee.

**Sec. 33-61B. Accounts and records of the board of investment trustees.**

  (a)   Maintenance of records and accounts. The board must keep accurate and detailed accounts of all investments, receipts, disbursements, and other transactions, including any specific records that are required by law and any additional records it considers necessary. All accounts, books and records are subject to state law on public records.

  (b)   Annual accounting by board. The fiscal year of the retirement system is the same as the fiscal year of the county. On or before January 1 of each year, the board must file with the chief administrative officer a written account, listing all investments, receipts, disbursements, and other transactions during the preceding fiscal year or during the period from the close of the last preceding fiscal year to any interim date that the board selects. This account must describe all securities and investments bought and sold, with the cost or net proceeds of each purchase or sale, and must list all cash, securities, and other property held at the end of that period. The account must include a list of the retirement system assets and the current fair market value of each asset at the end of that period. If a current fair market value is not available for a particular investment or is not applicable to a particular investment, the board must assign a value to that investment. The board must apply the investment valuation method on a consistent basis. If the board changes the investment valuation method, the board must notify the council of the change.

  (c)   Reporting and disclosure. The board must prepare for the chief administrative officer any documents required by law.

**Sec. 33-61C. Standard of care.**

  A fiduciary must discharge the fiduciary’s duties regarding the retirement systems:

  (a)   only in the best interest of the participants and their beneficiaries;

  (b)   only to provide benefits to the participants and their beneficiaries, and defray reasonable expenses of administering the retirement systems;

  (c)   with the care, skill, prudence, and diligence under the circumstances that a prudent person acting in a similar capacity and familiar with the same matters would use to conduct a similar enterprise with similar purposes;

  (d)   by diversifying the investments of the retirement systems to minimize the risk of large losses, unless it is clearly not prudent to diversify under the circumstances;

  (e)   according to a good faith interpretation of the law governing the retirement systems;

  (f)   according to a good faith interpretation of the documents and instruments governing the retirement systems, if they comply with this Article.

**Sec. 33-61D. Ethics; conflict of interest.**

  (a)   Members of the board are subject to the provisions of chapter 19A, "Ethics," of the Montgomery County Code.

  (b)   Except as otherwise provided in this section, members and employees of the board must not:

    (1)   Be a party to any transaction engaged in by the board or an investment manager involving the assets of the retirement system;

    (2)   Use the gains or profits of the system for any purpose except to make investments or payments that are authorized by the board;

    (3)   Deal with the assets of the retirement system for their own interest or account;

    (4)   Act in any transaction involving the retirement system on behalf of a party whose interests are adverse to the interests of the retirement system or the interests of the members or beneficiaries of the retirement system; or

    (5)   Become an endorser or surety, or in any manner an obligor, for moneys loaned to or borrowed from the board.

  (c)   In this section, nothing prohibits a member or employee of the board from:

    (1)   Being a member of the retirement system;

    (2)   Receiving a benefit the member or employee of the board is entitled to as a member or beneficiary in the retirement system so long as the benefit is computed and paid on a basis that is consistent with the terms of the retirement system as applied to all other members or beneficiaries; or

    (3)   Serving as a trustee or employee of the board in addition to being an officer, employee, agent, or other representative of a party in interest.

**Sec. 33-61E. Qualification amendments to elected officials' plan.**

  The elected officials' plan and any related trust agreement, investment advisory agreement, custodial agreement, annuity contract, or similar agreement, may be amended by the county at any time, either prospectively or retroactively, to conform to the provisions of the Internal Revenue Code. However, if the Internal Revenue Service requires an amendment and the amendment reduces a benefit provided by the elected officials' plan, the required reduction must be paid as a separate benefit from a nonqualified supplemental plan to be established by the county. The benefit payable to a member from the elected officials' plan and the related benefit payable from the supplemental plan, when taken together, must equal the benefit promised under the elected officials' plan immediately before the benefit amendment required by the Internal Revenue Service.

**Sec. 33-61F. Qualification amendments.**

  The retirement system and any related trust agreement, investment advisory agreement, custodial agreement, or similar agreement, may be amended by the county at any time, either prospectively or retroactively, to conform to the provisions of the Internal Revenue Code or similar act or amendment thereto or regulations promulgated thereunder. However, if the Internal Revenue Service requires an amendment and the amendment reduces a benefit provided by the retirement system, the required reduction must be paid as a separate benefit from a nonqualified supplemental plan to be established by the county. The benefit payable to a member from the retirement system and the related benefit payable from the supplemental plan, when taken together, must equal the benefit promised under the retirement system immediately before the amendment required by the Internal Revenue Service.

**Sec. 33-61G. Termination and discontinuance of contributions.**

  (a)   Rights upon termination or discontinuance of contributions. Full vesting of all accrued benefits must occur upon termination of the retirement system, or upon complete discontinuance of contributions thereto, to the extent that such accrued benefits are funded.

  (b)   Provision for allocation of unallocated funds. Upon termination of the retirement system, or complete discontinuance of contributions thereto, any unallocated funds which are not necessary for the satisfaction of liabilities under the retirement system must be returned to the county.

  (c)   Limitation on the use of certain dividends and credits. Credits or returns under any annuity contract, other than those arising from corrections of errors in records or computations (such as misstated ages or similar corrections), must not be paid to the county prior to permanent discontinuance of contributions or discontinuance of the retirement system. All dividends, experience rating credits, or employer surrender or cancellation credits ascertained prior to permanent discontinuance of contributions or termination of the retirement system must be applied regularly toward the premiums (or required contributions) next due for the purchase of any annuities. Any surrender or cancellation credits made available after discontinuance of contributions or termination of the retirement system, but before all retirement annuities with respect to service prior to such discontinuance or termination have been purchased, must be applied regularly as they are determined to purchase such retirement benefits so as not to discriminate in favor of officers and highly compensated persons. Any dividends, experience credits, surrender credits or cancellation credits made after permanent discontinuance of contributions or termination of the retirement system and after the satisfaction of all liabilities of the retirement system must be paid to the county.

  (d)   Reversion of surplus assets upon termination of the retirement system or discontinuance of contributions thereto. Upon termination of the retirement system or complete discontinuance of contributions thereto, any assets which are not necessary for the satisfaction of liabilities under the retirement system, must be returned to the county.

**Sec. 33-61H. Nonqualified supplemental retirement plan.**

  (a)   The county executive must establish a nonqualified supplemental retirement plan if it is necessary to pay benefits to members of the employees' retirement system whose benefits were reduced so that the employees' retirement system would receive a favorable letter of determination from the Internal Revenue Service as to qualification under the Internal Revenue Code. The plan must be a nonqualified and unfunded retirement plan within the meaning of the Internal Revenue Code and the related United States Treasury Regulations and Revenue Rulings. However, the nonqualified supplemental retirement plan will not be an eligible or ineligible state deferred compensation plan within the meaning of section 457 of the Internal Revenue Code. The plan must not permit an employee to defer payment of an amount of the employee's basic or regular compensation, increases in compensation or supplements of compensation such as bonuses or overtime.

  (b)   The benefits provided pursuant to the nonqualified supplemental retirement plan must be paid from the general assets of the county or through such funding vehicle as may be permitted by the Internal Revenue Service with respect to nonqualified supplement retirement plans.

  (c)   If the nonqualified supplemental retirement plan is established, the county executive must obtain a private letter ruling from the Internal Revenue Service with respect to the plan.

**Sec. 33-61I. Termination of participation by a participating agency.**

  If a participating agency decides to stop participating in any retirement system plan, it must give written notice to the Chief Administrative Officer. The Chief Administrative Officer and the withdrawing agency must agree on a date for the withdrawal, and, to the extent applicable to the plan at issue, comply with Section 33-47(d)(12). Any transfer of assets resulting from the withdrawal must comply with Section 414(l) of the Internal Revenue Code. No assets may revert to a withdrawing agency unless the Internal Revenue Service approves the reversion.

**Sec. 33-61J. Transfer of assets between trust funds of the retirement system.**

  To the extent permitted by the Internal Revenue Code and applicable guidance under the Internal Revenue Code, the County may transfer assets of the retirement system relating to an account or accrued benefit of a participant in trust-to-trust transfers between the trusts of the Employees' Retirement System and the Retirement Savings Plan to correct operational failures relating to such accounts or accrued benefits.

### Article IV. Employer-Employee Relations.

**Sec. 33-62. Reserved.**

**Sec. 33-63. Definitions.**

  For the purposes of this article, the following words and phrases have the meanings indicated:

    (1)   Certification: The procedure by which an employee organization is selected and recognized to represent the employee unit.

    (2)   Decertification: The procedure by which the chief administrative officer withdraws county recognition of the employee organization with or without an election by the employees of the unit.

    (3)   Employee: Any state-county merit system employee except persons described in subparagraphs 33-102(4) a, c, d, e, m, n, r and s of article VII of this chapter.

    (4)   Employee organization: Any organization that admits employees to membership and that has as a primary purpose the representation of employees in collective bargaining or meet and confer representation or both.

    (5)   Employee unit or unit: All employees as defined in subsection 33-63(3) of this chapter.

    (6)   Position paper: A nonbinding written memorandum reflecting all items discussed by the county and the employee organization.

    (7)   State-county merit system employee: A state merit system employee whose salary is supplemented by the county.

**Sec. 33-64. Employee rights.**

  (a)   An employee shall have the right, freely and without fear of penalty or reprisal, to form, join or assist and be represented by an employee organization or to refrain from any such activity.

  (b)   The employees have the right to be represented by an employee organization, including the right to meet with representatives of the county concerning conditions of employment and the resolution of grievances.

  (c)   Nothing in this article shall preclude the rights of an employee to pursue an individual grievance through established administrative procedures or through appeal to the personnel board, in that nothing in this article shall circumvent or shall be deemed to supersede or annul the provisions of the laws of the state, the county charter, or the laws and ordinances of the county, including the personnel regulations.

  (d)   An employee who is not a member of an employee organization must never be required to become a member of an employee organization or to pay money to an employee organization except on a purely voluntary basis.

**Sec. 33-65. Procedures for certification of an employee organization.**

  (a)   The chief administrative officer, upon petition of an employee organization showing written evidence of interest by at least thirty (30) percent of the employees of the unit, shall arrange for the conducting of a secret ballot election to determine whether the employees desire such organization to act as their representative.  Following such petition, the chief administrative officer shall give an appropriate notice to the employees.

  (b)   An employee organization seeking to represent the unit shall submit to the personnel office a roster of its officers and representatives, a copy of its constitution and bylaws, and a schedule of dues for its members.

  (c)   Eligibility to vote in any election for choice of an official representative shall be limited to persons who are employees as of the beginning of the pay period preceding the election date.

  (d)   Elections will be conducted by the personnel office, which may use the services of the state division of labor and industry or any other third party having similar qualifications.

  (e)   The ballot shall contain the name of any additional employee organization showing timely written evidence of interest by at least ten (10) percent of the employees within the unit.  In every instance, the ballot shall contain a provision for a marking of "no representation."  Where more than one (1) employee organization is on the ballot and no one (1) of the organizations receives a majority vote of the employees voting, a runoff election shall be held.  The runoff election shall contain the two (2) choices which received the largest and second largest number of votes in the original election.

  (f)   When an organization receives at least fifty (50) percent of valid votes cast in the election, the chief administrative officer shall certify it as the official employee organization for the unit.  If the majority vote is for "no representation," the chief administrative officer shall so certify.

  (g)   If, during the thirty (30) days following the effective date of this revised article*, a petition is filed by the incumbent meet and confer representative of unit employees certified under the prior article IV of this chapter, and no other employee organization files a valid petition, and no petition calling for an election signed by twenty (20) percent of unit employees has been filed with the chief administrative officer, the incumbent certified representative shall be certified without an election, provided it produces evidence, acceptable to the chief administrative officer and dated after the enactment of this revised article [June 24, 1986], that a majority of the employees in the unit desire to be represented by the incumbent representative for the purposes of meet and confer representation under the provisions of this revised article.

  (h)   The county shall recognize as the official employee relations representative an employee organization that has been selected in accordance with the procedures outlined in this section.

  (i)   Recognizing an employee organization does not preclude the county from dealing with religious, social, fraternal, professional, or other lawful associations with respect to matters or policies that involve individual members of the associations or are of particular applicability to it or its members.

  (j)   No question concerning certification may be raised by an employee or an employee organization within one (1) year of the date of certification of an employee organization or the date that a majority of the employees voting voted for no representation.

  (k)   The county may, after discussions with an employee organization and on the basis of written authorization from each employee, provide for deduction from the pay of such employee monies in payment of membership dues in a duly certified employee organization. Such monies shall be remitted to the employee organization.

**Sec. 33-66. Procedure for decertification of employee organizations.**

  (a)   An employee organization shall be subject to decertification when thirty (30) percent of the employees in the employee unit petition for the employee organization to be decertified. The procedures for determining whether, in fact, an employee organization shall be decertified shall be the same as those prescribed in section 33-65 for the certification of an employee organization, except as provided in subsection (b) of this section.

  (b)   If an employee organization fails to adhere to any of the provisions of section 33-72 dealing with employee organization responsibilities, then:

    (1)   Its certification may be revoked by the chief administrative officer after notice and an opportunity to be heard; and

    (2)   It may be disqualified by the chief administrative officer from participating in representation elections for a period of up to two (2) years after notice and an opportunity to be heard.

**Sec. 33-67. Costs of conducting elections.**

  Any cost of conducting a secret ballot election under this article shall be borne fifty (50) percent by the county and fifty (50) percent borne equally by the employee organization(s) whose names(s) appear on the ballots.

**Sec. 33-68. County-employee organization meetings and discussions.**

  (a)   An employee organization that has been recognized by the county under section 33-65 of this article shall be entitled to meet at reasonable times with county representatives to discuss with such representatives personnel policies, practices and matters affecting working conditions of the employee unit it represents, so far as discussions may be appropriate under existing laws or regulations.  The county shall meet at least two (2) times annually with the certified employee organization.

  (b)   The requirement to meet shall not obligate either the county or the employee organization to agree to any proposal or to make any concession with respect to any matter discussed by the parties at such a meeting.  Any decision made at any such meeting is in no way binding upon the parties.

  (c)   The county and the employee organization may, if desired, and at the conclusion of their discussions, jointly or separately, prepare written position papers that reflect for future reference the respective positions of the parties on the issues discussed at such meetings.  Such position papers shall in no way legally bind any party to the matters expressed in them, and the county shall not be obligated to concur in a position paper addressing the inherent right to manage the county government.

**Sec. 33-69. Employee organization representation of employee members.**

  (a)   An employee who is a member of the employee organization may request and shall be granted the right for a member or representative of such organization to be present in any discussions or counseling with county representatives concerning an individual grievance.

  (b)   The employee organization may submit a grievance concerning any dispute involving a claim of violation, misinterpretation, or misapplication of the personnel regulations or work practices of the county on the same basis as provided for individual grievances.

**Sec. 33-70. Disputed.**

  All decisions of the chief administrative officer under the provisions of this article shall be final, subject to appeal to the merit system protection board where provided by law.

**Sec. 33-71. County responsibilities.**

  It shall be the responsibility of the county not to:

  (a)   Interfere with, restrain, or coerce an employee in the exercise of the rights assured by this article;

  (b)   Encourage or discourage membership in an employee organization by discrimination in regard to hiring, tenure, promotion, or other conditions of employment;

  (c)   Sponsor, control, or otherwise assist the employee organization; except that the county may furnish customary and routine services and facilities when consistent with the best interest of the county, its employees, and the organization, and when the services and facilities are furnished, if requested, on an impartial basis to organizations having equivalent status;

  (d)   Refuse to accord appropriate recognition to the employee organization qualified for such recognition; or

  (e)   Refuse to consult, confer, or meet with an employee organization certified under this article.

**Sec. 33-72. Employee organization responsibilities.**

  It shall be the responsibility of every employee organization not to:

  (a)   Interfere with, restrain or coerce an employee in the exercise of the rights assured by this article;

  (b)   Attempt to induce the county to coerce an employee in the exercise of the rights under this article;

  (c)   Coerce, attempt to coerce, or discipline, fine, or take other economic sanction against an employee member of an employee organization as punishment or reprisal, or for the purpose of hindering or impeding work performance or the discharge of duties owed as an employee of the county;

  (d)   Call or engage in a strike, work stoppage, or slowdown, picket the county in connection with a strike, work stoppage, or slowdown in a county-employee dispute, or condone any such activity by failing to take affirmative action to prevent or stop it;

  (e)   Discriminate against an employee with regard to the terms or conditions of membership because of race, color, religion, creed, sex, age, national origin, ancestry, or marital status, as defined in Chapter 27.

**Sec. 33-73. Reserved.**

**Sec. 33-74. Cost-of-living adjustment.**

  (a)   The county executive shall provide as a part of the annual recommended operating budget for the county government sufficient funds to implement the cost-of-living adjustment required by this section. The council shall accord one of the highest priorities to the full funding of the cost-of-living adjustment, shall fund fully the seventy-five (75) percent of Consumer Price Index cost-of-living adjustment unless reasons are given for not doing so, and shall make a finding in the budget resolution as to the extent to which full funding is achieved. Unless otherwise provided in the approved budget resolution which includes a finding that implementation of the full amount of the adjustment would necessitate substantial layoffs of personnel or result in other widespread hardship to county government employees, the chief administrative officer shall adjust the uniform salary plan for all classified employees of the county government beginning the first pay period on or after July 1 of each year by an amount not less than seventy-five (75) percent of the change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, although pay grades 1 through 4 of the uniform salary plan to which minimum wage and certain seasonal employees are assigned will be adjusted by changes in the minimum wage rates and salary surveys to determine the competitiveness of such salaries. The percentage change shall be based on the latest published index for the calendar year preceding the fiscal year in which the adjustment is to be paid.

The chief administrative officer may adjust the uniform salary plan in excess of the base percentage of seventy-five (75) percent, provided funds are available and approved by the county council for such purpose.

  (b)   Notwithstanding the provisions in (a) above, for fiscal year 1984 only, the following salary controls shall apply:

    (1)   The chief administrative officer shall adjust the salary maxima in effect as of June 30, 1983 for grades 5 through 37 by the full cost-of-living granted by the county council.

    (2)   The salary maxima for grades 38, 39 and 40 shall be sixty-eight thousand dollars ($68,000.00), sixty-nine thousand dollars ($69,000.00) and seventy thousand dollars ($70,000.00), respectively.

    (3)   The salary for all merit employees will be adjusted by the full cost-of-living granted by the county council to the extent that such salary adjustment does not exceed the maximum of the employee’s grade.

  (c)   The provisions of this section shall not apply to an employee of the police department, as defined in section 33-76 of this chapter, who is represented by a certified employee organization pursuant to the provisions of article V, title "Police Labor Relations," of this chapter.

  (d)   This section is automatically repealed upon certification that the county merit system employees in the units established under article VII are represented for the purpose of collective bargaining under article VII of this chapter.

### Article V. Police Labor Relations.

**Sec. 33-75. Declaration of policy.**

  It is the public policy of this county, pursuant to charter section 510, enacted as a result of citizen initiative, and purpose of this article to promote a harmonious, peaceful and cooperative relationship between the county government and its police employees and to protect the public by assuring, at all times, the responsive, orderly and efficient operation of the police department. Since unresolved disputes in the police service are injurious to the public and to police employees as well, adequate means should be provided for preventing such unresolved disputes and for resolving them when they occur. To that end, it is in the public interest that police employees have the opportunity to bargain collectively over wages, hours, and other terms and conditions of employment through a representative of their choice or to refrain therefrom; and that any collective bargaining between the county government and a representative of those police employees be done in good faith with no interference with the orderly process of government and furthermore, that agreements reached through collective bargaining be implemented.

  It is also recognized, however, that police employee organizations and the county government each possess substantial means by which they may initiate actions regarding the wages, hours and working conditions of employees.  Consequently, in order to preserve an appropriate balance between labor and management in the police service, the council hereby declares that once a representative has been voluntarily selected, collective bargaining shall be utilized in place of, but not in addition to, existing means of initiating governmental action as to those subjects which are defined as appropriate for collective bargaining in this article.

  Sections 33-75 through 33-85 and Sections 33-101 through 33-112 are cited, and Section 33-80 is quoted, in Fraternal Order of Police Lodge 35 v. Montgomery County, 436 Md. 1, 80 A.3d 686 (2013).

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

**Sec. 33-76. Definitions.**

  When used in this article:

  Agency shop means a provision in a collective bargaining agreement requiring, as a condition of continued employment, that bargaining unit employees pay a service fee not to exceed the monthly membership dues uniformly and regularly required by the employee organization of all of its members.  An agency shop agreement shall not require the payment of initiation fees, an assessment, fines or any other collections or their equivalent, as a condition of continued employment.

  To bargain collectively means to meet at reasonable times and places and to negotiate in good faith with respect to appropriate subjects as set out in subsection 33-80(a) of this article.

  Certified representative means an employee organization selected in accordance with this chapter to represent a unit.

  Employee means any police officer classified as a sergeant, master police officer I, master police officer II, police officer I, police officer II, police officer III, or police officer candidate, or an equivalent nonsupervisory classification, but not a police officer in any higher classification.

  Employer means the county executive and the Executive's designees.

  Employee organization means any organization which admits to membership employees and which has as a primary purpose the representation of such employees in collective bargaining, and includes any person acting as an officer, representative or agent of said organization. Such organization shall not admit to membership any person other than law enforcement officers.

  Lockout means any action taken by the employer to interrupt or prevent the continuity of work properly and usually performed by the employee for the purpose and with the intent of either coercing the employees into relinquishing rights guaranteed by this article or of bringing economic pressure on employees for the purpose of securing the agreement of their certified representative to certain collective bargaining terms.

  Mediation means an effort by an impartial third party confidentially to assist in resolving, through interpretation, suggestion and advice, a dispute arising out of collective bargaining between the employer and the certified representative.

  Strike means a concerted failure to report for duty, absence, stoppage of work, or abstinence in whole or in part from the full and faithful performance of the duties of employment with the employer, or deviation from normal or proper work duties or activities, where any of the preceding are done in a concerted manner for the purpose of inducing, influencing or coercing the employer in the determination, implementation, interpretation, or administration of terms or conditions of employment or of the rights, privileges, or obligations of employment or of the status, recognition or authority of the employee or an employee organization.

  Unit means all employees.

  Sections 33-75 through 33-85 and Sections 33-101 through 33-112 are cited, and Section 33-80 is quoted, in Fraternal Order of Police Lodge 35 v. Montgomery County, 436 Md. 1, 80 A.3d 686 (2013).

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

**Sec. 33-77. Permanent umpire.**

  (a)   There is hereby created the position of permanent umpire, so as to provide for the effective implementation and administration of sections 33-79 and 33-82 of this article concerning selection, certification and decertification procedures and prohibited practices. The permanent umpire shall exercise the following powers and perform the following duties and functions:

    (1)   Adopt regulations under method (1) of section 2A-15 of this Code, for the implementation and administration of sections 33-79 and 33-82 as are consistent with this article;

    (2)   Request from the employer or any employee organization, and the employer or such organization may at its discretion provide, such relevant assistance, service and data as will enable the permanent umpire to properly carry out his functions;

    (3)   Hold hearings and make inquiries, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and compel by issuance of subpoenas the attendance of witnesses and the production of relevant documents;

    (4)   Hold and conduct elections for certification or decertification pursuant to the provisions of this article and issue said certification or decertification;

    (5)   Investigate and attempt to resolve or settle, as provided in this article, charges of engaging in prohibited practices; however, if the employer and a certified representative have negotiated a valid grievance procedure, the permanent umpire must defer to that procedure for the resolution of disputes properly  submissible to the procedure absent a showing that such deferral will result or has resulted in the application of principles repugnant to this article; furthermore, the permanent umpire shall defer to state procedures in those matters which are governed by the law enforcement officers bill of rights, article 27, sections 727 et seq., Annotated Code of Maryland.*

    (6)   Obtain any necessary support services and make necessary expenditures in the performance of duties to the extent provided for these purposes in the annual budget of Montgomery County; and

    (7)   Exercise any other powers and perform any other duties and functions as may be specified in sections 33-79 and 33-82 of this article.

  (b)   The permanent umpire must be appointed by the County Executive, subject to confirmation by the County Council, serve for a term of 5 years, and may be reappointed to another 5-year term.  The permanent umpire must not be reappointed if, during the period between 60 days and 30 days before the umpire’s term expires, the certified representative files a written objection to the umpire’s reappointment with the County Executive.

  (c)   If the permanent umpire dies, resigns, becomes disabled, or otherwise becomes unable or ineligible to continue to serve, the Executive must appoint a new permanent umpire, subject to confirmation by the Council, to serve the remainder of the previous umpire’s term.  The umpire appointed under this subsection may be reappointed under subsection (b).

  (d)   The permanent umpire must be a person with experience as a neutral in the field of labor relations and must not be a person who, because of vocation, employment, or affiliation, can be categorized as a representative of the interests of the employer or any employee organization.

  (e)   The permanent umpire must be paid a daily fee as specified in a contract with the County, and must be reimbursed for necessary expenses incurred in performing the duties of umpire.

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

**Sec. 33-78. Employee rights.**

  (a)   Employees shall have the right:

    (1)   To form, join, support, contribute to, or participate in, or to refrain from forming, joining, supporting, contributing to, or participating in, any employee organization or its lawful activities; and

    (2)   To be fairly represented by their certified representative, if any.

  (b)   The employer must extend to the certified representative the exclusive right to represent the employees for the purposes of collective bargaining, including the orderly processing and settlement of grievances as agreed by the parties.

  (c)   Except as provided in subsections (e) and (f), a certified representative must serve as the bargaining agent for all employees and must represent fairly and without discrimination all employees without regard to whether the employees are members of the employee organization, pay dues or other contributions to it, or participate in its affairs.

  (d)   The right of the certified representative to receive membership dues deductions must be determined through negotiations, unless the authority to negotiate such provisions has been suspended under section 33-84. No collective bargaining agreement may include a provision requiring membership in, participation in the affairs of, or contributions to an employee organization.

  (e)   A certified representative may require an employee who does not pay membership dues or equivalent fees to pay:

    (1)   the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement brought by the certified representative at the request of the employee; and

    (2)   any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.

  (f)   If an employee fails to pay the reasonable costs to file a grievance or pursue arbitration imposed under subsection (e), the certified representative may refuse to file the grievance or pursue arbitration on behalf of the employee. A dispute concerning the reasonableness of the fees imposed by the certified representative under subsection (e) may be submitted to the permanent umpire as a prohibited practice under Section 33-82.

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

**Sec. 33-79. Selection, certification and decertification procedures.**

  (a)   The certification or decertification of an employee organization as the unit’s representative for the purpose of collective bargaining shall be initiated in accordance with the following procedures:

    (1)   Any employee organization seeking certification as representative of the unit shall file a petition stating its name, address and its desire to be certified with the permanent umpire, and shall transmit forthwith a copy of such, not including the names of the supporting employees, to the employer. Said petition must contain the uncoerced signature of thirty (30) percent of the employees within the unit signifying their desire to be represented by the employee organization for purposes of collective bargaining.

    (2)   Where an employee organization has been certified, an employee within the unit may file a petition with the permanent umpire and shall transmit forthwith a copy of such to the employer and the certified representative, not including the names of the supporting employees, for decertification of the certified representative. The petition must contain the uncoerced signatures of at least thirty (30) percent of the employees within the unit alleging that the employee organization presently certified is no longer the choice of the majority of the employees in the unit.

    (3)   The employer may file a petition with the permanent umpire seeking an election for certification of an employee organization or, where an employee organization is so certified, to cause decertification of the representative where the employer has reason to believe that the certified representative is not or is no longer the choice of the majority of the employees of the unit, and shall transmit a copy of such to the employee organization seeking to obtain or retain certification.

    (4)   Petitions may be filed between September 1 and September 30 of any year, but no sooner than 22 months following an election held pursuant to this section.

    (5)   If a lawful collective bargaining agreement is in effect, no petition shall be entertained unless filed during September of the final year of the agreement.

  (b)   If the permanent umpire determines that a petition is properly supported and timely filed, the permanent umpire shall cause an election of all eligible employees to be held within a reasonable time, but no later than October 20 of that year, to determine if and by whom the employees wish to be represented, as follows:

    (1)   All elections shall be conducted under the supervision of the permanent umpire and shall be conducted by secret ballot at such time and place as the permanent umpire may direct.  The permanent umpire may select and retain services of an agency of the State of Maryland, or similarly neutral body to assist in conducting the election.

    (2)   The election ballots shall contain, as choices to be made by the voter, the names of the petitioning or certified employee organization, the name or names of any other employee organization showing written proof at least ten (10) days before the election of at least ten (10) percent representation of the employees within the unit, and a choice that the employee does not desire to be represented by any of the named employee organization(s).

    (3)   The employer and each party to the election may be represented by observers selected in accordance with such limitations and conditions as the permanent umpire may prescribe.

    (4)   Observers may challenge for good cause the eligibility of any person to vote in the election.  Challenged ballots shall be impounded pending either agreement of the parties as to the validity of such challenge or the permanent umpire’s decision thereon, unless the number of challenges is not determinative, in which latter event the challenged ballot(s) shall be destroyed.

    (5)   After the polls have been closed, the valid ballots cast shall be counted by the permanent umpire in the presence of the observers.

    (6)   The permanent umpire immediately shall prepare and serve upon the employer and each of the parties a report certifying the results of the election.  If, and only if, an employee organization has received the votes of a majority of the employees who voted, the permanent umpire shall certify the employee organization so elected as the exclusive agent.  If no employee organization has received the votes of a majority of the employees, the permanent umpire shall certify no representative, but if a majority of the employees do not vote for no representation, a runoff election shall be conducted.  The runoff election shall contain the two (2) choices which received the largest and second largest number of votes in the original election.

  (c)   The aforesaid certification of results shall be final unless, within seven (7) days after service of the report and certification, the employer or any other party serves on all parties and files with the permanent umpire objections to the election.  Objections shall be verified and shall contain a concise statement of facts constituting the grounds thereof.  The permanent umpire shall investigate the objections and, if substantial factual issues exist, the permanent umpire shall hold a hearing thereon.  Otherwise, the permanent umpire may determine the matter without hearing.  The permanent umpire may invite, either by rule or by invitation, written or oral argument to assist in determination of the merits of the objections.  If the permanent umpire finds that the election was conducted in substantial conformity with this article, the permanent umpire shall confirm the certification initially issued.  If the permanent umpire finds that the election was not held in substantial conformity with this article, the permanent umpire shall cause another election to be held pursuant to the provisions of this section.

  (d)   The cost of conducting an election shall be paid by the county.

  (e)   Voluntary recognition is prohibited under this article, and no certification may be issued without an election except as provided for in subsection 33-79(a)(6).

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

**Sec. 33-80.  Collective bargaining.**

  (a)   Duty to bargain; matters subject to bargaining.  A certified employee organization and the employer must bargain collectively on the following subjects:

    (1)   Salary and wages, provided, however, that salaries and wages shall be uniform for all employees in the same classification;

    (2)   Pension and retirement benefits for active employees only;

    (3)   Employee benefits such as, but not limited to, insurance, leave, holidays and vacation;

    (4)   Hours and working conditions, including the availability and use of personal patrol vehicles;

    (5)   Provisions for the orderly processing and settlement of grievances concerning the interpretation and implementation of the collective bargaining agreement, which may include binding third party arbitration and provisions for exclusivity of forum;

    (6)   Matters affecting the health and safety of employees; and

    (7)   Amelioration of the effect on employees when the employer’s exercise of rights listed in subsection (b) causes a loss of existing jobs in the unit.

  (b)   Employer rights.  This article and any agreement pursuant hereto shall not impair the right and responsibility of the employer.

    (1)   To determine the overall budget and mission of the employer and any agency of county government;

    (2)   To maintain and improve the efficiency and effectiveness of operations;

    (3)   To determine the services to be rendered and the operations to be performed;

    (4)   To determine the overall organizational structure, methods, processes, means, job classifications or personnel by which operations are to be conducted and the location of facilities;

    (5)   To direct or supervise employees;

    (6)   To hire, select and establish the standards governing promotion of employees and to classify positions;

    (7)   To relieve employees from duties because of lack of work or funds, or under conditions when the employer determines continued work would be inefficient or nonproductive;

    (8)   To make and enforce rules and regulations not inconsistent with this law or a collective bargaining agreement;

    (9)   To take actions to carry out the mission of government in situations of emergency;

    (10)   To transfer, assign and schedule employees.

  (c)   Exemptions.

    (1)   Nothing contained in this article shall be construed to limit the discretion of the employer voluntarily to discuss with the representatives of its employees any matter concerning the employer’s exercise of any of the enumerated rights set forth in subsection 33-80(b) above, but such matters shall not be subject to bargaining.

    (2)   The minimum standards of the policies adopted by the Police Chief under Section 35-22 must not be subject to bargaining.

  (d)   Time limits. Collective bargaining shall commence no later than November 1 preceding a fiscal year for which there is no contract between the employer and the certified representative and shall be concluded by January 20.  The resolution of an impasse in collective bargaining shall be completed by February 1.  These time limits may be waived only by prior written consent of the parties.

  (e)   Term of agreement.  Any provision of automatic renewal or extension of a collective bargaining agreement shall be void.  No agreement shall be valid if it extends for less than one year or for more than three years.  All agreements shall become effective July 1 and end June 30.

  (f)   Effective date of agreement. Any collective bargaining agreement shall become effective only after ratification of the agreement by the employer and the certified representative, except as provided in subsection 33-81(b)(7).  A certified representative may provide its own rules for ratification procedures.

  (g)   Submission to Council.  A ratified agreement shall be binding on the employer and the certified representative, and shall be reduced to writing and executed by both parties.  In each proposed annual operating budget, the County Executive shall describe any collective bargaining agreement or amendment to an agreement that is scheduled to take effect in the next fiscal year and estimate the cost of implementing that agreement.  Any term or condition of a collective bargaining agreement which requires an appropriation of funds or enactment, repeal or modification of a County law shall be timely submitted to the County Council by the employer by April 1, unless extenuating circumstances require a later date.  If a later submission is necessary, the employer shall specify the submission date and the reasons for delay to the Council President by April 1.  The employer shall make a good faith effort to have such term or condition implemented by Council action.  Each submission to the Council shall include:

    (1)   all proposed legislation and regulations necessary to implement the collective bargaining agreement;

    (2)   all changes from the previous collective bargaining agreement, indicated by brackets and underlines or a similar notation system; and

    (3)   all side letters or other extraneous documents that are binding on the parties.

  (h)   Council review.  On or before May 1, the County Council shall indicate by resolution its intention to appropriate funds for or otherwise implement the agreement or its intention not to do so, and shall state its reasons for any intent to reject any part of the agreement.  The Council, by majority vote taken on or before May 1, may defer the May 1 deadline to any date not later than May 15.  If the Council indicates its intention to reject any part, it shall designate a representative to meet with the parties and present the Council's views in their further negotiations.  This representative shall also participate fully in stating the Council's position in any ensuing impasse procedure.  The parties shall thereafter meet as promptly as possible and attempt to negotiate an agreement acceptable to the Council.  Either of the parties may initiate the impasse procedure set forth in Section 33-81.  The results of the negotiation or impasse procedure shall be submitted to the Council on or before May 10.  If the Council has deferred the May 1 deadline, that action automatically postpones the May 10 deadline by the same number of days.

  (i)   Adjustments.  Any agreement shall provide either for automatic reduction or elimination of conditional wage or benefits adjustments if:

    (1)   the Council does not take action necessary to implement the agreement, or

    (2)   sufficient funds are not appropriated for any fiscal year when the agreement is in effect.

  (j)   Later years.  The process and timetable in subsection (h) apply to Council review of wage or benefits adjustments after the first year of any multi-year agreement.

  (k)   Out-of-cycle amendments.  The process in subsection (h) applies to Council review of any amendment to a collective bargaining agreement that the Council receives after May 15 of any year, but the deadlines in subsection (h) do not apply.  The Council President shall set action deadlines which result, to the extent feasible, in a similar timetable relative to the date the Council received the amendment.

  Sections 33-75 through 33-85 and Sections 33-101 through 33-112 are cited, and Section 33-80 is quoted, in Fraternal Order of Police Lodge 35 v. Montgomery County, 436 Md. 1, 80 A.3d 686 (2013).

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

  Sec. 2. Implementation. Notwithstanding any other provision of law, including § 33-80(a)(7) and § 33- 107(a)(7), the implementation of any amendment to County Code Chapter 33 in Section 1 of this Act concerning disability retirement is not subject to collective bargaining with a certified representative of employees in any bargaining unit.

  Sec. 3. The amendments to County Code Chapter 33 made in Section 1 of this Act apply to any disability occurring on or after the date this Act takes effect [July 1, 2012].

**Sec. 33-81.  Impasse procedure.**

  (a)   Before September 10 of any year in which the employer and a certified representative bargain collectively, they shall choose an impasse neutral either by agreement or through the processes of the American Arbitration Association.  The impasse neutral shall be required to be available during the period from January 20 to February 1. Fees, costs and expenses of the impasse neutral shall be shared equally by the employer and the certified representative.

  (b)

    (1)   During the course of collective bargaining, either party may declare an impasse and request the services of the impasse neutral.  If the parties have not reached agreement by January 20, an impasse exists.

    (2)   Whenever an impasse has been reached, the dispute shall be submitted to the impasse neutral.  The impasse neutral shall attempt mediation by bringing the parties together voluntarily under such favorable auspices as will tend to effectuate the settlement of the dispute.

    (3)   If the impasse neutral, in the impasse neutral’s sole discretion, finds that the parties are at a bona fide impasse, the impasse neutral must require each party to submit a final offer which must consist either of a complete draft of a proposed collective bargaining agreement or a complete package proposal, as the impasse neutral chooses.  If only complete package proposals are required, the impasse neutral must require the parties to submit jointly a memorandum of all items previously agreed upon.

    (4)   The impasse neutral may, in the impasse neutral’s discretion, require the parties to submit evidence or make oral or written argument in support of their proposals.  The impasse neutral may hold a hearing for this purpose at a time, date and place selected by the impasse neutral.  Said hearing must not be open to the public.

    (5)   On or before February 1, the impasse neutral must select, as a whole, the more reasonable, in the impasse neutral’s judgment, of the final offers submitted by the parties.

      (A)   The impasse neutral must first evaluate and give the highest priority to the ability of the County to pay for additional short-term and long-term expenditures by considering:

        (i)   the limits on the County’s ability to raise taxes under State law and the County Charter;

        (ii)   the added burden on County taxpayers, if any, resulting from increases in revenues needed to fund a final offer; and

        (iii)   the County’s ability to continue to provide the current standard of all public services.

      (B)   After evaluating the ability of the County to pay under subparagraph (A), the impasse neutral may only consider:

        (i)   the interest and welfare of County taxpayers and service recipients;

        (ii)   past collective bargaining contracts between the parties, including the bargaining history that led to each contract;

        (iii)   a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in Maryland;

        (iv)   a comparison of wages, hours, benefits, and conditions of employment of other Montgomery County employees; and

        (v)   wages, benefits, hours and other working conditions of similar employees of private employers in Montgomery County

    (6)   The impasse neutral must:

      (A)   not compromise or alter the final offer that he or she selects;

      (B)   select an offer based on the contents of that offer;

      (C)   not consider or receive any evidence or argument concerning the history of collective bargaining in this immediate dispute, including offers of settlement not contained in the offers submitted to the impasse neutral; and

      (D)   consider all previously agreed on items integrated with the specific disputed items to determine the single most reasonable offer.

    (7)   The offer selected by the impasse neutral, integrated with the previously agreed upon items, shall be deemed to represent the final agreement between the employer and the certified representative, without the necessity of ratification by the parties, and shall have the force and effect of a contract voluntarily entered into and ratified as set forth in subsection 33-80(g) above.  The parties shall execute such agreement.

  (c)   An impasse over a reopener matter must be resolved under the procedures in this subsection.  Any other impasse over a matter subject to collective bargaining must be resolved under the impasse procedure in subsections (a) and (b).

    (1)   If the parties agree in a collective bargaining agreement to bargain over an identified issue on or before a specified date, the parties must bargain under those terms.  Each identified issue must be designated as a “reopener matter.”

    (2)   When the parties initiate collective bargaining under paragraph (1), the parties must choose, by agreement or through the processes of the American Arbitration Association, an impasse neutral who agrees to be available for impasse resolution within 30 days.

    (3)   If, after bargaining in good faith, the parties are unable to reach agreement on a reopener matter by the deadline specified in the collective bargaining agreement, either party may declare an impasse.

    (4)   If an impasse is declared under paragraph (3), the dispute must be submitted to the impasse neutral no later than 10 days after impasse is declared.

    (5)   The impasse neutral must resolve the dispute under the impasse procedure in subsection (b), except that:

      (A)   the dates in that subsection do not apply;

      (B)   each party must submit to the impasse neutral a final offer on only the reopener matter; and

      (C)   the impasse neutral must select the most reasonable of the parties’ final offers no later than 10 days after the impasse neutral receives the final offers.

    (6)   This subsection applies only if the parties in their collective bargaining agreement have designated:

      (A)   the specific reopener matter to be bargained;

      (B)   the date by which bargaining on the reopener matter must begin; and

      (C)   the deadline by which bargaining on the reopener matter must be completed and after which the impasse procedure must be implemented.

  Sections 33-75 through 33-85 and Sections 33-101 through 33-112 are cited, and Section 33-80 is quoted, in Fraternal Order of Police Lodge 35 v. Montgomery County, 436 Md. 1, 80 A.3d 686 (2013).

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

**Sec. 33-82.  Prohibited practices.**

  (a)   The employer or its agents or representatives are prohibited from:

    (1)   Interfering with, restraining or coercing employees in the exercise of any rights granted to them under the provisions of this article;

    (2)   Dominating or interfering with the formation or administration of any employee organization or contributing financial or other support to it, pursuant to contract or otherwise; provided that the employer and a certified representative may agree to and apply a membership dues deduction provision as provided herein and to reasonable use of county facilities for communicating with employees;

    (3)   Encouraging or discouraging membership in any employee organization by discrimination in regard to hiring, tenure, wages, hours or conditions of employment, provided that nothing in this article shall preclude an agreement from containing a provision for an agency shop;

    (4)   Discharging or discriminating against a public employee because he has filed charges, given testimony or otherwise lawfully aided in the administration of this article;

    (5)   Refusing to bargain collectively with a certified representative;

    (6)   Refusing to reduce to writing or refusing to sign a bargaining agreement which has been agreed to in all respects;

    (7)   Refusing to process or arbitrate a grievance if required under a grievance procedure contained in a collective bargaining agreement;

    (8)   Directly or indirectly opposing the appropriation of funds or the enactment of legislation by the county council to implement an agreement reached between the employer and the certified representative pursuant to this article;

    (9)   Engaging in a lockout of employees;

    (10)   delaying or refusing to participate in the impasse procedure in Section 33-81(c)(2) after the employer implements a final offer under Section 33-81(c)(2)(C).

  (b)   Employee organizations, and their agents, representatives and employees, are prohibited from:

    (1)   Interfering with, restraining or coercing the employer or employees in the exercise of any rights granted under this article;

    (2)   Restraining, coercing or interfering with the employer in the selection of its representatives for the purposes of collective bargaining or the adjustment of grievances;

    (3)   Refusing to bargain collectively with the employer if such employee organization is the certified representative.

    (4)   Refusing to reduce to writing or refusing to sign a bargaining agreement which has been agreed to in all respects;

    (5)   Hindering or preventing, by threats of violence, intimidation, force or coercion of any kind, the pursuit of any lawful work or employment by any person, public or private, or obstructing or otherwise unlawfully interfering with the entrance to or egress from any place of employment, or obstructing or unlawfully interfering with the free and uninterrupted use of public roads, streets, highways, railways, airports or other ways of travel or conveyance by any person, public or private;

    (6)   Hindering or preventing by threats, intimidation, force, coercion or sabotage, the obtaining, use or disposition of materials, supplies, equipment or services by the employer;

    (7)   Taking or retaining unauthorized possession of property of the employer or refusing to do work or use certain goods or materials as lawfully required by the employer;

    (8)   Forcing or requiring the employer to assign particular work to employees in a particular employee organization or classification rather than to employees in another employee organization or classification;

    (9)   Causing or attempting to cause the employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are neither performed or to be performed.

  (c)   A charge of prohibited practice may be filed by the employer, employee organization, or any individual employee.  The charge or charges shall be filed with the permanent umpire, with copies to the party alleged to have committed a prohibited practice.  All charges shall contain a statement of facts sufficient to enable the permanent umpire to investigate the charge.  The permanent umpire may request withdrawal of and, if necessary, summarily dismiss charges if they are insufficiently supported in fact or in law to warrant a hearing.  The permanent umpire shall have authority to maintain such independent investigation as the permanent umpire determines necessary and to develop rules and regulations therefor.  If, upon investigation, the permanent umpire finds that a charge is sufficiently supported to raise an issue of fact or law, the permanent umpire shall hold a hearing on such charge upon notification to the parties.  In any hearing, charging parties shall present evidence in support of the charges and the party or parties charged shall have the right to file an answer to the charges, to appear in person or otherwise and to present evidence in defense of the charges.

  (d)   If the permanent umpire determines that the person charged has committed a prohibited practice, the permanent umpire shall make findings of fact and conclusions of law and shall be empowered to issue an order requiring the person charged to cease and desist from the prohibited practice and to take such affirmative action as will remedy the violation(s) of this article.  Remedies of the permanent umpire may include, but shall not be limited to, reinstating employees with or without back pay, making employees whole for any loss relating to county employment suffered as a result of any prohibited practice, withdrawing or suspending the employee organization's authority to negotiate or continue membership dues deductions, or agency shop benefits.  If the permanent umpire finds that the party or parties charged have not committed any prohibited practices, the permanent umpire shall make findings of fact and conclusions of law and issue an order dismissing the charges.

  (e)   The permanent umpire shall not receive or entertain charges based upon an alleged prohibited practice occurring more than six (6) months prior to the filing of the charge.

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

**Sec. 33-83.  Expression of views.**

  The expression of any views, argument or opinion, or the dissemination thereof, whether orally, in writing or otherwise, shall not constitute or be evidence of a prohibited practice under any of the provisions of this law nor be grounds for invalidating any election conducted under this law if such expression or dissemination contains no threat of reprisal or promise of benefit.

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

**Sec. 33-84.  Strikes and lockouts.**

  (a)   No employee or employee organization shall either directly or indirectly cause, instigate, encourage, condone or engage in any strike, nor the employer in any lockout.  No employee or employee organization shall obstruct, impede or restrict, either directly or indirectly, any attempt to terminate a strike.

  (b)   The employer shall not pay, reimburse, make whole or otherwise compensate any employee for or during the period when said employee is directly or indirectly engaged in a strike, nor shall the employer thereafter compensate an employee who struck for wages or benefits lost during such strike.

  (c)   If an employee or employee organization violates this section, the employer, after adequate notice and a fair hearing before the permanent umpire who finds that the alleged violations have occurred and that any or all of the following actions are necessary in the public interest, may, subject to the law enforcement officer’s bill of rights, Title 3, Subtitle 1 of the Public Safety Article of the Maryland Code:

    (1)   Impose disciplinary action, including dismissal from employment, on employees engaged in such conduct;

    (2)   Terminate or suspend employee organization’s dues deduction privilege, if any;

    (3)   Revoke the certification of and disqualify the employee organization from participation in representation elections for a period up to a maximum of two (2) years.

  (d)   Nothing contained herein shall prohibit an employer from seeking any remedy available in a court of competent jurisdiction.

  Sections 33-75 through 33-85 and Sections 33-101 through 33-112 are cited, and Section 33-80 is quoted, in Fraternal Order of Police Lodge 35 v. Montgomery County, 436 Md. 1, 80 A.3d 686 (2013).

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

**Sec. 33-85.  Effect of prior enactments.**

  Nothing contained in this article shall be construed to repeal any laws, executive orders, legislation, rules or regulations adopted by the county and any department or agency thereof not inconsistent with the provisions of this article.

  Sections 33-81 and 33-83 are cited and quoted, and Sections 33-75, 33-76, 33-77, 33-78, 33-79, 33-80, 33-82, 33-84 & 33-85 are cited in Fraternal Order of Police, Montgomery County Lodge 35, Inc., v. Montgomery County Executive, 210 Md. App. 117, 62 A.3d 238 (2013). The Court interpreted Section 33-80 regarding collective bargaining agreements and the funding of future County budgets.

### Article VI. RESERVED.

**Sec. 33-86.  Reserved.**

**Sec. 33-87.  Reserved.**

**Sec. 33-88.  Reserved.**

**Sec. 33-89.  Reserved.**

**Sec. 33-90.  Reserved.**

**Sec. 33-91.  Reserved.**

**Sec. 33-92.  Reserved.**

**Sec. 33-93.  Reserved.**

**Sec. 33-94.  Reserved.**

**Sec. 33-95.  Reserved.**

**Sec. 33-96.  Reserved.**

**Sec. 33-97.  Reserved.**

**Sec. 33-98.  Reserved.**

**Sec. 33-99.  Reserved.**

### Article VII. County Collective Bargaining.

**Sec. 33-101.  Declaration of policy.**

  It is the public policy of Montgomery County to promote a harmonious, peaceful, and cooperative relationship between the county government and its employees and to protect the public by assuring, at all times, the responsive, orderly, and efficient operation of county government and services.  Since unresolved disputes in public service are harmful to the public and to employees, adequate means should be available for preventing disputes and for resolving them when they occur.  To that end, it is in the public interest that employees have the opportunity to bargain collectively over wages, hours, and other terms and conditions of employment, as authorized by Charter section 511, through a representative of their choice, or to refrain from collective bargaining.  It is also in the public interest that the county government and a representative of county employees bargain collectively in good faith without interference with the orderly process of government and that they implement any agreements reached through collective bargaining.

  The county council also recognizes that employee organizations and the county government each possess substantial means for initiating actions on wages, hours, and working conditions of employees.  Therefore, in order to preserve an appropriate balance between labor and management in the public service, the county council states that once the employees voluntarily select a representative, collective bargaining shall be used in place of, and not in addition to, existing means for initiating governmental action on subjects that are defined as appropriate for like collective bargaining in this article.

**Sec. 33-102.  Definitions.**

  The following terms have the meaning indicated when used in this Article:

  (1)   Agency shop means a provision in a collective bargaining agreement requiring, as a condition of continued employment, that bargaining unit employees pay a service fee not greater than the monthly membership dues uniformly and regularly required by the employee organization of all of its members.  An agency shop agreement shall not require an employee to pay initiation fees, assessments, fines, or any other like collections or their equivalent as a condition of continued employment.  A collective bargaining agreement shall not require payment of a service fee by any employee who opposes joining or financially supporting an employee organization on religious grounds.  However, the collective bargaining agreement may require that employee to pay an amount equal to the service fee to a nonreligious, nonunion charity, or to any other charitable organization, agreed to by the employee and the certified representative, with provision for dispute resolution if there is not agreement, and to give to the employer and the certified representative written proof of this payment.  The certified representative shall adhere at all times to all federal constitutional requirements in its administration of any agency shop system maintained by it.

  (2)   Certified representative means an employee organization chosen to represent employees as their exclusive bargaining agent in one (1) or both units as defined in Section 33-105 in accordance with the procedures of this Article.

  (3)   Collective bargaining means meeting at reasonable times and places and negotiating in good faith on appropriate subjects as defined under this Article.  This Article shall not be interpreted to compel either party to agree to a proposal or make a concession.

  (4)   Employee means any person who works for the County government, except:

    (A)   a confidential aide to an elected official;

    (B)   a person holding a position designated by law as a non-merit position;

    (C)   a head of a principal department, office, or agency;

    (D)   a deputy or assistant to a head of a principal department, office, or agency;

    (E)   an employee who provides direct staff or administrative support to the head of a principal department, office, or agency, or to a deputy or assistant within the immediate office of a head of a principal department, office, or agency;

    (F)   an employee who reports directly to, or whose immediate supervisor is:

      (i)   the County Executive;

      (ii)   the Chief Administrative Officer; or

      (iii)   a principal aide of the County Executive or Chief Administrative Officer;

    (G)   an employee who works for:

      (i)   the Office of the County Executive;

      (ii)   the Office of the Chief Administrative Officer;

      (iii)   the County Council;

      (iv)   the Office of the County Attorney;

      (v)   the Office of Management and Budget;

      (vi)   the Office of Intergovernmental Relations;

      (vii)   the Office of Human Resources;

      (viii)   the Merit System Protection Board; or

      (ix)   the Ethics Commission;

    (H)   an employee in a temporary, seasonal, or substitute position, unless the position is in a job class in which the incumbents are predominantly career merit system employees;

    (I)   a recently-hired employee who has not completed the probationary period;

    (J)   an employee in the police bargaining unit;

    (K)   an employee in the firefighter/rescuer bargaining unit;

    (L)   a uniformed officer in the Department of Correction & Rehabilitation at the rank of Lieutenant or higher;

    (M)   subject to any limitations in State law, a uniformed officer in the Office of the Sheriff at the rank of sergeant or higher;

    (N)   an employee who is a member of the State merit system;

    (O)   a supervisor, other than a Sergeant in the Department of Correction and Rehabilitiation;

    (P)   an employee in a position classified at grade 27 or above unless the employee’s position is reclassified or reallocated on or after July 1, 2002, to a non-supervisory position at grade 27 or above; or

    (Q)   an employee in a position classified in the Management Leadership Service.

  (5)   Employee organization means any organization that admits employees to membership and that has as a primary purpose the representation of employees in collective bargaining.

  (6)   Employer means the County Executive and his or her designees.

  (7)   Lockout means any action that the employer takes to interrupt or prevent the continuity of work properly and usually performed by the employees for the purpose and with the intent of either coercing the employees into relinquishing rights guaranteed by this Article or of bringing economic pressure on employees for the purpose of securing the agreement of their certified representative to certain collective bargaining terms.

  (8)   Mediation means an effort by the mediator/fact-finder chosen under this Article to assist confidentially in resolving, through interpretation, suggestion, and advice, a dispute arising out of collective bargaining between the employer and the certified representative.

  (9)   Strike means a concerted failure to report for duty, absence, stoppage of work, or abstinence in whole or in part from the full and faithful performance of the duties of employment with the employer, or deviation from normal or proper work duties or activities, where any of the preceding are done in a concerted manner for the purpose of inducing, influencing, or coercing the employer in the determination, implementation, interpretation, or administration of terms or conditions of employment or of the rights, privileges, or obligations of employment or of the status, recognition, or authority of the employee or an employee organization.

  (10)   Supervisor means an employee who has the authority to:

    (A)   hire, assign, transfer, lay off, recall, promote, evaluate, reward, discipline, suspend, or discharge another employee, or effectively recommend any of these actions;

    (B)   direct the activity of 3 or more employees; or

    (C)   adjust or recommend adjustment of any grievance.

  (11)   Unit means either of the units defined in Section 33-105.

**Sec. 33-103.  Labor relations administrator.**

  (a)   A Labor Relations Administrator must be appointed to effectively administer this Article as it governs selection, certification and decertification procedures, prohibited practices, and the choice of a mediator/fact-finder.  The Administrator must:

    (1)   Periodically adopt, amend, and rescind, under method (1) of section 2A-15 of this Code, regulations and procedures for the implementation and administration of the duties of the labor relations administrator under this article.

    (2)   Request from the employer or an employee organization, and the employer or such organization may at its discretion provide, any relevant assistance, service, and data that will enable her properly to carry out her duties under this article.

    (3)   Hold hearings and make inquiries, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and compel by issuance of subpoenas the attendance of witnesses and the production of relevant documents.

    (4)   Hold and conduct elections for certification or decertification pursuant to the provisions of this article and issue the certification or decertification.

    (5)   Investigate and attempt to resolve or settle, as provided in this article, charges of engaging in prohibited practices.  However, if the employer and a certified representative have negotiated a valid grievance procedure, the labor relations administrator must defer to that procedure to resolve any dispute that properly may be submitted to the procedure, absent a showing that the deferral results in the application of principles repugnant to this Article.  The administrator must defer to state procedures in any matter governed by the Law-Enforcement Officers’ Bill of Rights, Title 3, Subtitle 1 of the Public Safety Article of the Maryland Code.

    (6)   Determine unresolved issues of a person’s inclusion in or exclusion from the units.

    (7)   Obtain any necessary support services and make necessary expenditures in the performance of duties to the extent provided for these purposes in the annual budget of Montgomery County.

    (8)   Determine any issue regarding the negotiability of any collective bargaining proposal.

    (9)   Exercise any other powers and perform any other duties and functions specified in this Article.

  (b)

    (1)   The Administrator must be a person with experience as a neutral in the field of labor relations, and must not be a person who, because of vocation, employment, or affiliation, can be categorized as a representative of the interest of the employer or any employee organization.

    (2)   The County Executive must appoint, subject to confirmation by the County Council, the Administrator for a term of 5 years from a list of 5 nominees agreed upon by any certified representative(s) and the Chief Administrative Officer.  The list may include the incumbent Administrator.  If the Council does not confirm the appointment, the new appointment must be from a new agreed list of 5 nominees.  If no certified representative has been selected, the Administrator must be appointed for a 4-year term by the Executive, subject to Council confirmation.

  (c)   If the Administrator dies, resigns, becomes disabled, or otherwise becomes unable or ineligible to continue to serve, the Executive must appoint a new Administrator, subject to Council confirmation, to serve the remainder of the previous Administrator’s term.  The Administrator appointed under this subsection may be reappointed as provided in subsection (b).

  (d)   The Administrator must be paid a daily fee as specified in a contract with the County, and must be reimbursed for necessary expenses incurred in performing the duties of Administrator.

**Sec. 33-104.  Employee rights.**

  (a)   Employees have the right to:

    (1)   Form, join, support, contribute to, or participate in, or to refrain from forming, joining, supporting, contributing to, or participating in, any employee organization or its lawful activities; and

    (2)   Be represented fairly by their certified representative, if any.

  (b)   The employer has the duty to extend to the certified representative the exclusive right to represent the employees for the purposes of collective bargaining, including the orderly processing and settlement of grievances as agreed by the parties in accordance with this article.

  (c)   Except as provided in subsections (e) and (f), a certified representative serves as the exclusive bargaining agent for all employees in the unit for which it is certified and has the duty to represent fairly and without discrimination all employees in the unit without regard to whether the employees are members of the employee organization, pay dues or other contributions to it, or participate in its affairs.

  (d)   The right of a certified representative to receive voluntary dues or service fee deductions must be determined through negotiations, unless the authority to negotiate these provisions has been suspended under this article.  A collective bargaining agreement may not include a provision requiring membership in, participation in the affairs of, or contributions to an employee organization.

  (e)   A certified representative may require an employee who does not pay membership dues or equivalent fees to pay:

    (1)   the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement brought by the certified representative at the request of the employee; and

    (2)   any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.

  (f)   If an employee fails to pay the reasonable costs to file a grievance or pursue arbitration imposed under subsection (e), the certified representative may refuse to file the grievance or pursue arbitration on behalf of the employee. A dispute concerning the reasonableness of the fees imposed by the certified representative under subsection (e) may be submitted to the labor relations administrator as a prohibited practice under Section 33-109.

**Sec. 33-105.  Units for collective bargaining.**

  (a)   There are 2 units for collective bargaining and for purposes of certification and decertification.  Members of these units are all County government employees, as defined in Section 33-102(4), and those employees who are limited-scope members of a bargaining unit under subsection (c)(2).  The employees are divided into 2 units:

    (1)   Service, labor, and trades (SLT) unit: This unit is composed of all eligible classes that are associated with service/maintenance and skilled crafts.  This means job classes in which workers perform duties that result in or contribute to the comfort and convenience of the general public or that contribute to the upkeep and care of buildings, facilities, or grounds of public property.  Workers in this group may operate specialized machinery or heavy equipment.  These job classes may also require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work that is acquired through on-the-job training and experience or through apprenticeship or other formal training programs.

    (2)   Office, professional, and technical (OPT) unit: This unit is composed of all eligible classes associated with office, professional, paraprofessional, and technical functions.

      (A)   Office: Job classes in which workers are responsible for internal and external communication, recording and retrieval of data and/or information, and other paperwork required in an office.

      (B)   Professional: Job classes that require special and theoretical knowledge that is usually acquired through college training or through work experience and other training that provides comparable knowledge.

      (C)   Paraprofessional: Job classes in which workers perform, in a supportive role, some of the duties of a professional or technician.  These duties usually require less formal training and/or experience than is normally required for professional or technical status.

      (D)   Technical: Job classes that require a combination of basic scientific or technical knowledge and manual skill that can be obtained throughspecialized post-secondary school education or through equivalent on-the-job training.

  (b)   Specific job classes included in these units of representation, and not otherwise excluded under Section 33-102(4), shall be based on the designations made by the Chief Administrative Officer under the prior meet and confer process if the job class is not specified in this Article.  In the event a new classification is created by the County, or an existing classification’s duties and responsibilities are substantially changed, the County Personnel Director must place the classification in one of the units or state that the classification falls within one of the exceptions to the definition of employee under this Article within sixty (60) days of the creation or substantial alteration of the class and must publish the decision in the Montgomery County Register.  Any individual or certified representative disagreeing with the decision of the Personnel Director may, within ten (10) days of publication, file objections to the decision with the labor relations administrator, with notice to the Personnel Director.  The Labor Relations Administrator shall promptly decide the question on the basis of the duties and responsibilities of the job classification, the unit definition, and the community of interests between and among employees in the job classification and collective bargaining unit.

  (c)   Temporary, seasonal, and substitute employees.

    (1)   A temporary, seasonal, or substitute employee in an occupational class in which the incumbents are predominantly career merit system employees becomes a member of the applicable bargaining unit when the employee has worked 6 months in a position in that occupational class.  However, the employee may be terminated for any cause or without cause and without any right of grievance until the employee has completed 1040 hours of service in that position in any 12-month period.

    (2)   A temporary, seasonal, or substitute employee who is excluded from the definition of “employee” under Section 33-102(4)(H) because the employee is not in an occupational class in which the incumbents are predominantly career merit system employees becomes a limited-scope member of the applicable bargaining unit immediately after the employee begins employment if:

      (A)   the employee works at least 25 hours per pay period; and

      (B)   the employee organization which represents that bargaining unit has adopted a reduced scale of dues and service fees for employees in the limited-scope membership group that is generally proportional to the organization’s representational responsibilities for employees in that group relative to the organization’s representational responsibilities for other bargaining unit members, as determined by the employee organization.

      Membership in a bargaining unit on a limited-scope basis must not carry any right to continued employment or access to any grievance procedure or other benefit that is extended to other bargaining unit members.

**Sec. 33-106.  Selection, certification, and decertification procedures.**

  (a)   The certification or decertification of an employee organization as the representative of a unit for collective bargaining must comply with the following procedures:

    (1)   Any employee organization seeking certification as representative of a unit shall file a petition with the labor relations administrator stating its name, address, and its desire to be certified. The employee organization shall also send a copy of the petition, including a copy of the signatures of the supporting employees on the petition, to the employer.  The petition shall contain the uncoerced signatures of thirty (30) percent of the employees within the unit signifying their desire to be represented by the employee organization for purposes of collective bargaining.

    (2)   If an employee organization has been certified, an employee within the unit may file a petition with the labor relations administrator for decertification of this certified representative.  The employee shall also send a copy of the petition to the employer and the certified representative, not including the names of the supporting employees.  The petition shall contain the uncoerced signatures of thirty (30) percent of the employees within the unit alleging that the employee organization presently certified is no longer the choice of the majority of the employees in the unit.

    (3)   Petitions may be filed within ninety (90) days after any new bargaining unit is established.  Thereafter, if a lawful collective bargaining agreement is not in effect, petitions may be filed between September 1 and September 30 of any year, but not sooner than twenty-two (22) months after an election held under this section.

    (4)   If a lawful collective bargaining agreement is in effect, a petition filed under this section shall not be entertained unless it is filed during September of the final year of the agreement.

    (5)   If a different employee organization is certified as the result of an election carried out under subsection (b)(8), that organization must be treated in all respects as a successor in interest and party to any collective bargaining agreement that the previous employee organization was a party to.

  (b)   If the labor relations administrator determines that a petition is properly supported and timely filed, she shall cause an election of all eligible employees to be held within a reasonable time, but no later than October 20 of any year, to determine if and by whom the employees wish to be represented, as follows:

    (1)   All elections shall be conducted under the supervision of the labor relations administrator and shall be conducted by secret ballot at the time and place that she directs.  The labor relations administrator may select and retain the services of an agency of the State of Maryland responsible for conducting labor elections, or a similarly neutral body, to assist in conducting the election.

    (2)   The election ballots shall contain, as choices to be made by the voter, the names of the petitioning or certified employee organization, the name or names of any other employee organization showing written proof at least ten (10) days before the election of at least ten (10) percent representation of the employees within the unit in the same manner as described in paragraph (a)(1) of this section, and a choice that the employee does not desire to be represented by any of the named employee organizations.

    (3)   The employer and each party to the election may be represented by observers selected in accordance with limitations and conditions that the labor relations administrator may prescribe.

    (4)   Observers may challenge for good cause the eligibility of any person to vote in the election. Challenged ballots shall be impounded pending either agreement of the parties as to the validity of the challenge or the labor relations administrator’s decision as to the validity of the challenge, unless the number of challenges is not determinative, in which case the challenged ballots shall be destroyed.

    (5)   After the polls have been closed, the valid ballots cast shall be counted by the labor relations administrator in the presence of the observers.

    (6)   The labor relations administrator shall immediately prepare and serve upon the employer and each of the parties a report certifying the results of the election.  If an employee organization receives the votes of a majority of the employees who voted, the labor relations administrator shall certify the employee organization so elected as the exclusive agent.

    (7)   If no employee organization receives the votes of a majority of the employees who voted, the labor relations administrator shall not certify a representative.  Unless a majority of the employees who vote choose "no representative," a runoff election shall be conducted.  The runoff election shall contain the two (2) choices that received the largest and second largest number of votes in the original election.

    (8)   If a properly supported and timely filed petition to decertify an existing certified employee organization, and a properly supported and timely filed petition to certify another employee organization, are filed during the same time period under subsection (a)(3) or (a)(4), one election must be held to determine which organization, if any, the employees in the unit desire to represent them.  The election ballot must contain, as choices to be made by the voter, the names of the petitioning and certified employee organizations, and a choice that the employee does not desire to be represented by any of the named employee organizations.  All other applicable requirements and procedures for the election must be followed.

  (c)   The labor relations administrator’s certification of results is final unless, within seven (7) days after service of the report and the certification, any party serves on all other parties and files with the labor relations administrator objections to the election.  Objections shall be verified and shall contain a concise statement of facts constituting the grounds for the objections.  The labor relations administrator shall investigate the objections and, if substantial factual issues exist, shall hold a hearing.  Otherwise, she may determine the matter without a hearing.  The labor relations administrator may invite, either by rule or by invitation, written or oral argument to assist her in determining the merits of the objections.  If the labor relations administrator finds that the election was conducted in substantial conformity with this article, she shall confirm the certification initially issued.  If the labor relations administrator finds that the election was not held in substantial conformity with this article, then she shall hold another election under this section.

  (d)   The cost of conducting an election shall be paid by the county.

**Sec. 33-107.  Collective bargaining.**

  (a)   Duty to bargain; matters subject to bargaining.  Upon certification of an employee organization, the employer and the certified representative have the duty to bargain collectively with respect to the following subjects for employees other than limited-scope members of the bargaining unit under Section 33-105(c)(2):

    (1)   Salary and wages, including the percentage of the increase in the salary and wages budget that will be devoted to merit increments and cash awards, provided that salaries and wages shall be uniform for all employees in the same classification.

    (2)   Pension and other retirement benefits for active employees only, but the parties must not bargain over the participation by any employee who is a member of the bargaining unit under Section 33-105(c)(1) in either the Integrated Retirement Plan or the Retirement Savings Plan.

    (3)   Employee benefits such as insurance, leave, holidays, and vacations.

    (4)   Hours and working conditions.

    (5)   Provisions for the orderly processing and settlement of grievances concerning the interpretation and implementation of a collective bargaining agreement, which may include:

      (A)   Binding third party arbitration for employees other than members of the bargaining unit under Section 33-105(c)(1), but the arbitrator must not amend, add to, or subtract from the provisions of the collective bargaining agreement; and

      (B)   Provisions for exclusivity of forum.

    (6)   Matters affecting the health and safety of employees.

    (7)   Amelioration of the effect on employees when the exercise of employer rights listed in subsection (b) causes a loss of existing jobs in the unit.

    The duty to bargain under this subsection, and any agreement reached as a result of bargaining, must not limit the employer’s authority to require a newly-hired employee to remain in probationary status, during which the employee may be terminated for any cause or without cause and without any right of grievance, for a period that does not exceed 6 months.  Unless a specific probationary period is required by law, the parties may agree on any probationary period that is not less than 6 months.

  (b)   Duty to bargain for limited-scope employees.  The employer and the certified representative have the duty to bargain collectively on only the following subjects with respect to employees who are limited-scope members of the bargaining unit under Section 33-105(c)(2):

    (1)   wage scales and general wage adjustments; and

    (2)   dues or service fee deductions.

  (c)   Employer rights.  This article and any agreement made under it shall not impair the right and responsibility of the employer to perform the following:

    (1)   Determine the overall budget and mission of the employer and any agency of county government.

    (2)   Maintain and improve the efficiency and effectiveness of operations.

    (3)   Determine the services to be rendered and the operations to be performed.

    (4)   Determine the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are to be conducted and the location of facilities.

    (5)   Direct and supervise employees.

    (6)   Hire, select, and establish the standards governing promotion of employees, and classify positions.

    (7)   Relieve employees from duties because of lack of work or funds, or under conditions when the employer determines continued work would be inefficient or nonproductive.

    (8)   Take actions to carry out the mission of government in situations of emergency.

    (9)   Transfer, assign, and schedule employees.

    (10)   Determine the size, grades, and composition of the work force.

    (11)   Set the standards of productivity and technology.

    (12)   Establish employee performance standards and evaluate employees, except that evaluation procedures shall be a subject for bargaining.

    (13)   Make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards.

    (14)   Introduce new or improved technology, research, development, and services.

    (15)   Control and regulate the use of machinery, equipment, and other property and facilities of the employer, subject to subsection (a)(6) of this section.

    (16)   Maintain internal security standards.

    (17)   Create, alter, combine, contract out, or abolish any job classification, department, operation, unit, or other division or service, provided that no contracting of work which will displace employees may be undertaken by the employer unless ninety (90) days prior to signing the contract, or such other date of notice as agreed by parties, written notice has been given to the certified representative.

    (18)   Suspend, discharge, or otherwise discipline employees for cause, except that, subject to Charter section 404, any such action may be subject to the grievance procedure set forth in the collective bargaining agreement.

    (19)   Issue and enforce rules, policies, and regulations necessary to carry out these and all other managerial functions which are not inconsistent with this article, federal or state law, or the terms of the collective bargaining agreement.

  (d)   Exemption.  This article shall not be construed to limit the discretion of the employer voluntarily to discuss with the representatives of its employees any matter concerning the employer’s exercise of any of the rights set forth in this section.  However, these matters shall not be subject to bargaining.

  (e)   Agreement. The public employer rights set forth in this section are to be considered a part of every agreement reached between the employer and an employee organization.

  Sec. 2. Implementation. Notwithstanding any other provision of law, including § 33-80(a)(7) and § 33-107(a)(7), the implementation of any amendment to County Code Chapter 33 in Section 1 of this Act concerning disability retirement is not subject to collective bargaining with a certified representative of employees in any bargaining unit.

  Sec. 3. The amendments to County Code Chapter 33 made in Section 1 of this Act apply to any disability occurring on or after the date this Act takes effect [July 1, 2012].

**Sec. 33-108.  Bargaining, impasse, and legislative procedures.**

  (a)   Collective bargaining must begin no later than November 1 before the beginning of a fiscal year for which there is no agreement between the employer and the certified representative, and must be finished on or before February 1.

  (b)   Any provision for automatic renewal or extension of a collective bargaining agreement is void.  An agreement is not valid if it extends for less than one (1) year or for more than three (3) years.  All agreements take effect July 1 and end June 30.

  (c)   A collective bargaining agreement takes effect only after ratification by the employer and the certified representative. The certified representative may adopt its own ratification procedures.

  (d)   Before September 10 of any year in which the employer and the certified representative bargain collectively, the Labor Relations Administrator must appoint a mediator/arbitrator, who may be a person recommended by both parties.  The mediator/arbitrator must be available from January 2 to June 30.  Fees and expenses of the mediator/arbitrator must be shared equally by the employer and the certified representative.

  (e)

    (1)   During the course of collective bargaining, either party may declare an impasse and request the services of the mediator/arbitrator, or the parties may jointly request those services before an impasse is declared.  If the parties do not reach an agreement by February 1, an impasse exists.  Any issue regarding the negotiability of any bargaining proposal must be referred to the Labor Relations Administrator for an expedited determination.

    (2)   Any dispute, except a dispute involving the negotiability of a bargaining proposal, must be submitted to the mediator/arbitrator whenever an impasse has been reached, or as provided in subsection (e)(1).  The mediator/arbitrator must engage in mediation by bringing the parties together voluntarily under such favorable circumstances as will encourage settlement of the dispute.

    (3)   If the mediator/arbitrator finds, in the mediator/arbitrator's sole discretion, that the parties are at a bona fide impasse, or as of February 1 when an impasse is automatically reached, whichever occurs earlier, the dispute must be submitted to binding arbitration.

  (f)

    (1)   If binding arbitration is invoked, the mediator/arbitrator must require each party to submit a final offer, which must consist either of a complete draft of a proposed collective bargaining agreement or a complete package proposal, as the mediator/arbitrator directs.  If only complete package proposals are required, the mediator/arbitrator must require the parties to submit jointly a memorandum of all items previously agreed on.

    (2)   The mediator/arbitrator may require the parties to submit oral or written evidence and arguments in support of their proposals.  The mediator/arbitrator may hold a hearing for this purpose at a time, date, and place selected by the mediator/arbitrator.  This hearing must not be open to the public.

    (3)   On or before February 15, the mediator/arbitrator must select, as a whole, the more reasonable of the final offers submitted by the parties.  The mediator/arbitrator must not compromise or alter a final offer.  The mediator/arbitrator must not consider or receive any argument or evidence related to the history of collective bargaining in the immediate dispute, including any previous settlement offer not contained in the final offers.  However, the mediator/arbitrator must consider all previously agreed-on items, integrated with the disputed items, to decide which offer is the most reasonable.

    (4)   In making a determination under this subsection, the mediator/arbitrator must first evaluate and give the highest priority to the ability of the County to pay for additional short-term and long-term expenditures by considering:

      (A)   the limits on the County’s ability to raise taxes under State law and the County Charter;

      (B)   the added burden on County taxpayers, if any, resulting from increases in revenues needed to fund a final offer; and

      (C)   the County’s ability to continue to provide the current standard of all public services.

    (5)   After evaluating the ability of the County to pay under paragraph (4), the mediator/arbitrator may only consider:

      (A)   the interest and welfare of County taxpayers and service recipients;

      (B)   past collective bargaining agreements between the parties, including the past bargaining history that led to each agreement;

      (C)   a comparison of wages, hours, benefits, and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in Maryland;

      (D)   a comparison of wages, hours, benefits, and conditions of employment of other Montgomery County employees; and.

      (E)   wages, benefits, hours, and other working conditions of similar employees of private employers in Montgomery County.

    (6)   The offer selected by the mediator/arbitrator, integrated with all previously agreed on items, is the final agreement between the employer and the certified representative, need not be ratified by any party, and has the effect of a contract ratified by the parties under subsection (c).  The parties must execute the agreement, and any provision which requires action in the County budget must be included in the budget which the employer submits to the County Council.

  (g)   In each proposed annual operating budget, the County Executive must describe any collective bargaining agreement or amendment to an agreement that is scheduled to take effect in the next fiscal year and estimate the cost of implementing that agreement.  The employer must submit to the Council by April 1, unless extenuating circumstances require a later date, any term or condition of the collective bargaining agreement that requires an appropriation of funds, or the enactment or adoption of any County law or regulation, or which has or may have a present or future fiscal impact.  If a later submission is necessary, the employer must specify the submission date and the reasons for delay to the Council President by April 1.  The employer must expressly identify to the Council and the certified representative any term or condition that requires Council review.  Each submission to the Council must include:

    (1)   all proposed legislation and regulations necessary to implement the collective bargaining agreement;

    (2)   all changes from the previous collective bargaining agreement, indicated by brackets and underlines or a similar notation system; and

    (3)   all side letters or other extraneous documents that are binding on the parties.

The employer must make a good faith effort to have the Council approve all terms of the final agreement that require Council review.

  (h)   The Council may hold a public hearing to enable the parties and the public to testify on the agreement.

  (i)   The Council may accept or reject all or part of any term or condition that requires Council review under subsection (g).  On or before May 1, the Council must indicate by resolution its intention to appropriate funds for or otherwise implement the items that require Council review or its intention not to do so, and must state its reasons for any intent to reject any such item.  The Council, by majority vote taken on or before May 1, may defer the May 1 deadline to any date not later than May 15.

  (j)   If the Council indicates its intention to reject any item that requires Council review, the Council must designate a representative to meet with the parties and present the Council’s views in the parties’ further negotiation on items that the Council has indicated its intention to reject.  This representative must also participate fully in stating the Council’s position in any ensuing impasse procedure.  The parties must meet as promptly as possible and attempt to negotiate an agreement acceptable to the Council.  Either party may at this time initiate impasse procedures under this Section.  The parties must submit the results of the negotiation, whether a complete or a partial agreement, to the Council on or before May 10.  If the Council has deferred the May 1 deadline, that action automatically postpones the May 10 deadline by the same number of days.  The Council then must consider the agreement as renegotiated by the parties and indicate by resolution its intention to appropriate funds for or otherwise implement the agreement, or its intention not to do so.

  (k)   Any agreement must provide for automatic reduction or elimination of wage or benefits adjustments if:

    (1)   The Council does not take action necessary to implement the agreement or a part of it; or

    (2)   Sufficient funds are not appropriated for any fiscal year when the agreement is in effect.

  (l)   The Council must take any action required by the public interest with respect to any matter still in dispute between the parties. However, any action taken by the Council is not part of the agreement between the parties unless the parties specifically incorporate it in the agreement.

  (m)   Later years. The process and timetable in subsections (i) and (j) apply to Council review of wage or benefits adjustments after the first year of any multi-year agreement.

  (n)   Out-of-cycle amendments.  The process in subsections (i) and (j) applies to Council review of any amendment to a collective bargaining agreement that the Council receives after May 15 of any year, but the deadlines in those subsections do not apply.  The Council President must set action deadlines which result, to the extent feasible, in a similar timetable relative to the date the Council received the amendment.

  Section 33-108 is cited and quoted, and Sections 33-109 and 33-110 are cited in Municipal and County Government Employees Organization v. Montgomery County Executive, 210 Md. App. 163, 62 A.3d 265 (2013).

**Sec. 33-109.  Prohibited practices.**

  (a)   The employer or its agents or representatives are prohibited from any of the following:

    (1)   Interfering with, restraining, or coercing employees in the exercise of any rights granted to them under this article.

    (2)   Dominating or interfering with the formation or administration of any employee organization or contributing financial or other support to it, under an agreement or otherwise.  However, the employer and a certified representative may agree to and apply an agency shop provision under this article and a voluntary dues or service fee deduction provision, and may agree to reasonable use of county facilities for communicating with employees.

    (3)   Encouraging or discouraging membership in any employee organization by discriminating in hiring, tenure, wages, hours, or conditions of employment.  However, nothing in this article precludes an agreement from containing a provision for an agency shop.

    (4)   Discharging or discriminating against a public employee because she or he files charges, gives testimony, or otherwise lawfully aids in the administration of this article.

    (5)   Refusing to bargain collectively with the certified representative.

    (6)   Refusing to reduce to writing or refusing to sign a bargaining agreement that has been agreed to in all respects.

    (7)   Refusing to process or arbitrate a grievance if required under a grievance procedure contained in a collective bargaining agreement.

    (8)   Directly or indirectly opposing the appropriation of funds or the enactment of legislation by the county council to implement an agreement reached between the employer and the certified representative under this article.

    (9)   Engaging in a lockout of employees.

  (b)   Employee organizations, their agents, representatives, and person who work for them are prohibited from any of the following:

    (1)   Interfering with, restraining, or coercing the employer or employees in the exercise of any rights granted under this article.

    (2)   Restraining, coercing, or interfering with the employer in the selection of its representative for the purposes of collective bargaining or the adjustment of grievances.

    (3)   Refusing to bargain collectively with the employer if the employee organization is the certified representative.

    (4)   Refusing to reduce to writing or refusing to sign a bargaining agreement which has been agreed to in all respects.

    (5)   Hindering or preventing, by threats of violence, intimidation, force, or coercion of any kind, the pursuit of any lawful work or employment by any person, public or private, or obstructing or otherwise unlawfully interfering with the entrance to or exit from any place of employment, or obstructing or unlawfully interfering with the free and uninterrupted use of public roads, streets, highways, railways, airports, or other ways of travel or conveyance by any person, public or private.

    (6)   Hindering or preventing by threats, intimidation, force, coercion, or sabotage, the obtaining, use, or disposition of materials, supplies, equipment, or services by the employer.

    (7)   Taking or retaining unauthorized possession of property of the employer, or refusing to do work or use certain goods or materials as lawfully required by the employer.

    (8)   Causing or attempting to cause the employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are neither performed nor to be performed.

  (c)   A charge of prohibited practice may be filed by the employer, an employee organization, or any individual employee.  The charge or charges shall be filed with the labor relations administrator, and copies shall be sent to the party alleged to have committed a prohibited practice.  All charges shall contain a statement of facts sufficient to enable the labor relations administrator to investigate the charge.  The labor relations administrator may request withdrawal of and, if necessary, summarily dismiss charges if they are insufficiently supported in fact or in law to warrant a hearing.  The labor relations administrator has the authority to maintain whatever independent investigation she determines is necessary and to develop regulations for an independent investigation.  If, upon investigation, the labor relations administrator finds that a charge is sufficiently supported to raise an issue of fact or law, she shall, if she is unable to achieve settlement or resolution of the matter, hold a hearing on the charge after notification to the parties.  In any hearing, charging parties shall present evidence in support of the charges; and the party or parties charged shall have the right to file an answer to the charges, to appear in person or otherwise, and to present evidence in defense against the charges.

  (d)   If the labor relations administrator determines that the person charged has committed a prohibited practice, she shall make findings of fact and conclusions of law and may issue an order requiring the person charged to cease and desist from the prohibited practice, and may take affirmative actions that will remedy the violation of this article.  Remedies of the labor relations administrator include reinstating employees with or without back pay, making employees whole for any loss relating to county employment suffered as a result of any prohibited practices, or withdrawing or suspending the employee organization’s authority to negotiate or continue an agency shop provision or a voluntary dues or service fee deduction provision.  If the labor relations administrator finds that the party charged has not committed any prohibited practices, she shall make findings of fact and conclusions of law and issue an order dismissing the charges.

  (e)   The labor relations administrator shall not receive or entertain charges based upon an alleged prohibited practice occurring more than six (6) months before the filing of the charge.

  Section 33-108 is cited and quoted, and Sections 33-109 and 33-110 are cited in Municipal and County Government Employees Organization v. Montgomery County Executive, 210 Md. App. 163, 62 A.3d 265 (2013).

**Sec. 33-110.  Expression of views.**

  (a)   The expression or dissemination of any views, argument, or opinion, whether orally, in writing, or otherwise, does not constitute and is not evidence of a prohibited practice under any of the provisions of this article, nor is it grounds for invalidating any election conducted under this article if the expression or dissemination does not contain a threat of reprisal or promise of benefit.

  (b)   Recognizing an employee organization does not preclude the county from dealing with religious, social, fraternal, professional, or other lawful associations with respect to matters or policies that involve individual members of the associations or are of particular applicability to it or its members.

  Section 33-108 is cited and quoted, and Sections 33-109 and 33-110 are cited in Municipal and County Government Employees Organization v. Montgomery County Executive, 210 Md. App. 163, 62 A.3d 265 (2013).

**Sec. 33-111.  Strikes and lockouts.**

  (a)   An employee or employee organization shall not either directly or indirectly cause, instigate, encourage, condone, or engage in any strike, nor the employer in any lockout.  An employee or employee organization shall not obstruct, impede, or restrict, either directly or indirectly, any attempt to terminate a strike.

  (b)   The employer shall not pay, reimburse, make whole, or otherwise compensate any employee for or during the period when that employee is directly or indirectly engaged in a strike, nor shall the employer thereafter compensate an employee who struck for wages or benefits lost during the strike.

  (c)   If an employee or employee organization violates this Section, the employer, after adequate notice and a fair hearing before the labor relations administrator who finds that the violations have occurred and that any or all of the following actions are necessary in the public interest, may impose any of the following sanctions, subject to the Law- Enforcement Officers’ Bill of Rights, Title 3, Subtitle 1 of the Public Safety Article of the Maryland Code:

    (1)   Impose disciplinary action, including dismissal from employment, on employees engaged in the conduct.

    (2)   Terminate or suspend the employee organization’s dues deduction privilege, if any.

    (3)   Revoke the certification of and disqualify the employee organization from participation in representation elections for a period up to a maximum of two (2) years.

  (d)   This article does not prohibit an employer or a certified employee organization from seeking any remedy available in a court of competent jurisdiction.

**Sec. 33-112.  Effect of prior enactments.**

  (a)   Nothing contained in this article shall be construed to repeal any law, executive order, rule, or regulation adopted by the county or any of its departments or agencies that is not inconsistent with the provisions of this article.

  (b)   Any executive order, rule, or regulation of the county or any of its departments or agencies that regulates any subject that is bargainable under this article shall not be held to be repealed or modified by a provision of a collective bargaining agreement negotiated under this article except to the extent that the application of the order, rule, or regulation is inconsistent with the provision in the collective bargaining agreement.  However, if the inconsistent order, rule, or regulation is subject to and has received council approval, the collective bargaining agreement shall not govern unless the order, rule, or regulation was identified to the council by the parties prior to the council’s ratification of the collective bargaining agreement, as required by section 33-108(g); or unless the order, rule, or regulation is repealed or modified by the council.

### Article VIII. Employees' Retirement Savings Plan.

#### Division 1. Retirement Savings Plan.

**Sec. 33-113. Definitions.**

  In this Division the following words and phrases have the following meanings:

  Account balances means the balance credited to the retirement account of a participant under the retirement savings plan as of the valuation date preceding the date of distribution determined without regard to vesting, including:

    (1)   any participant contributions (including contributions picked up by the County);

    (2)   County contributions; and

    (3)   rollover contributions.

  Board or Board of Investment Trustees means the Board of Investment Trustees established under Article III.

  County means the Montgomery County Government and, when applicable, any participating agency.

  County service means any period of County employment during which a participant is:

    (1)    in pay status, or

    (2)   on an approved leave of absence without pay on or after January 1, 2002.

  Domestic partner means a person who was registered as the domestic partner of a participant with the Office of Human Resources on or before June 27, 2016 in a domestic partenrship that did not end before the participant’s death.

  Employee means any eligible elected or appointed County official and any full-time or career part-time County employee.

  Employee organization means any organization that:

    (1)   admits employees to membership;

    (2)   has as a primary purpose the representation of employees in collective bargaining; and

    (3)   is certified as an employee organization under applicable law.

  Former participant means any individual with an account balance in the retirement savings plan who has ceased to be a participant.

  Investment manager means a person or entity who exercises discretion to manage all or part of the assets of an institutional investor.  The investment manager is a fiduciary as defined in Section 33-35.

  Merit System Protection Board means the Merit System Protection Board established in the Charter.

  Non-public safety employee means any employee who is not a public safety employee.

  Normal retirement date means the first day of the month after the month in which the participant reaches age 62.

  Participant means an employee who is participating in the retirement savings plan.

  Participant’s contribution account means the portion of a participant’s account balances in the retirement savings plan that is attributable to participant contributions, including contributions picked up by the County, and any gains or losses attributable to those contributions.

  Plan year means the 12-month period beginning January 1 and ending on December 31 each year.

  Public safety employee means any employee who is a:

    (1)   sworn officer of the Police Department;

    (2)   paid firefighter, paid fire officer, or paid rescue service worker of the Montgomery County Fire and Rescue Service;

    (3)   sworn deputy sheriff;

    (4)   correctional officer; or

    (5)   County employee who provides services to a correctional facility and designated as a public safety employee by the Chief Administrative Officer.

  Regular earnings means gross pay for actual hours worked, including paid leave, but not including overtime, without reduction for participant contributions that are picked up under Section 33-116(a), or contributions to any County deferred compensation plan or statutory fringe benefit program.  If a participant is required to take any furlough, as defined in personnel regulations under Section 33-7(b) or a collective bargaining agreement, regular earnings must include any amount the participant would have received if the participant had not been required to take any furlough.

  Retirement accounts means the required participant contributions account, a County contributions account, and any rollover contributions account.

  Rollover contributions means that portion of a participant's account balances in the retirement savings plan that is attributable to any assets transferred or rolled over to the retirement savings plan from another eligible retirement plan as defined in the Internal Revenue Code Section 402(c).  No after-tax contributions may be transferred or rolled over into the retirement savings plan.

  Valuation date means the last business day of March, June, September, and December of each plan year, and any other date the Board establishes in a uniform and nondiscriminatory manner for determining the fair market value of the assets of the retirement savings plan.

**Sec. 33-114. Establishment.**

  (a)   Purpose. The retirement savings plan is established to provide a defined contribution retirement plan for County employees.

  (b)   Participating agencies.

    (1)   Any agency that participates in the retirement system under Article III must also participate in the retirement savings plan.

    (2)   A participating agency must:

      (A)   execute an adoption agreement in a form satisfactory to the Chief Administrative Officer;

      (B)   submit any information and execute any form or document that the Chief Administrative Officer deems prudent for purposes of maintaining the governmental or qualified plan status of the retirement savings plan within the meaning of the Internal Revenue Code; and

      (C)   notify the Chief Administrative Officer, in writing, of its intent to adopt an employee benefit plan before adopting any benefit plan which has an impact on the computation of any benefit or any benefit limitation in the retirement savings plan.

    (3)   The Chief Administrative Officer may treat a participating agency as having withdrawn from the retirement savings plan if the participating agency does not:

      (A)   submit information or execute documents necessary to administer and maintain the plan as requested by the Chief Administrative Officer;

      (B)   qualify as a participating agency; or

      (C)   adhere to the terms of the plan.

    (4)   No liability will accrue to the County Government by the inclusion of participating agency employees. Each participating agency must be fully responsible for the cost of coverage for its employees and any necessary costs for administrative services provided.

  (c)   Uniformed Services Employment and Reemployment Rights Act.  Notwithstanding any provision of a plan, the County must provide rights, contributions, benefits and service credit for qualified military service according to Section 414(u) of the Internal Revenue Code, including subsection 414(u)(12).

**Sec. 33-115. Participant requirements and participant groups.**

  (a)    Participant requirements.

    (1)   Full-time employees.

      (A)   Except as provided in paragraphs (3) and (4), and the last sentence of Section 33-37(e)(2), a full-time employee eligible for membership in Group I or Group II must participate in the Retirement Savings Plan or the Guaranteed Retirement Income Plan when the full-time employee meets the applicable eligibility requirements or forfeit employment, unless the Chief Administrative Officer exempts the employee from participation.

      (B)   A part-time employee who becomes a full-time employee and is not an active member of any retirement plan for County employees, must become a member of:

        (i)   the integrated retirement plan, if the employee is eligible for membership in the integrated plan;

        (ii)   the Retirement Savings Plan, if the employee qualifies for Group I or II, even if the employee did not begin or return to County service on or after October 1, 1994; or

        (iii)   the guaranteed retirement income plan if the employee is eligible for membership in accordance with subsection (7).

      (C)   A temporary employee who becomes a full-time employee must become an active member of:

        (i)   the integrated plan, if the employee is eligible for membership in the integrated plan;

        (ii)   the Retirement Savings Plan, if the employee satisfies the requirements for membership in Group I or II, even if the employee did not begin or return to County service on or after October 1, 1994; or

        (iii)   the guaranteed retirement income plan if the employee is eligible for membership in the guaranteed retirement income plan.

    (2)   Part-time employees.

      (A)   A part-time employee eligible for membership in Group I or Group II may elect to participate in the plan. An employee who becomes a member of the Retirement Savings Plan must remain an active member until the employee becomes ineligible for membership in Group I or II.

      (B)   A part-time employee who is not an active member of a retirement plan may become a member of:

        (i)   the integrated plan, if the employee is eligible for membership in the integrated plan;

        (ii)   the Retirement Savings Plan if the employee satisfies the requirements for membership in Group I or II, even if the employee did not begin or return to County service on or after October 1, 1994; or

        (iii)   the guaranteed retirement income plan if the employee is eligible for membership and makes an election under subsection (7).

      (C)   A full-time employee who becomes a part-time employee may withdraw from active membership in the Retirement Savings Plan and stop making employee contributions, but may not become an active member again unless the employee becomes a full-time employee or an elected official.

    (3)   A person employed by the County Department of Social Services on July 1, 1996, with fewer than 3 years of eligibility service as of October 1, 1996, under the State of Maryland Retirement or Pension Systems must transfer the service to the retirement savings plan and participate in the retirement savings plan, or forfeit employment by the County. If the employee is a part-time employee of the County upon transferring from State to County employment, the employee may, but is not required to, participate in the retirement savings plan.

    (4)   A person employed by the County Department of Social Services on July 1, 1996, who earned at least 3 years of eligibility service as of October 1, 1996, under the State of Maryland Retirement or Pension Systems may participate in the retirement savings plan only if the person notifies the Chief Administrative Officer in writing by April 1, 1997. An employee who elects under this paragraph to participate becomes a member of the plan at the beginning of the first pay period after the Chief Administrative Officer receives the employee's written notice.

    (5)   If a person transfers under paragraphs (3) or (4) to the retirement savings plan, all funds in the State of Maryland Retirement or Pension Systems attributable to the participation of the person must be transferred directly from the Board of Trustees of the State Retirement or Pension Systems to the Board.

    (6)   An employee who is not an active member of a County retirement plan but is eligible for membership in the integrated retirement plan may become a member of the Retirement Savings Plan or the guaranteed retirement income plan.  The employee must remain a member of the Retirement Savings Plan or the guaranteed retirement plan until the employee becomes ineligible for membership.

    (7)   Participation in the guaranteed retirement income plan.

      (A)   A participant who changes employment from the County directly to a participating agency or from a participating agency directly to the County must continue to participate in his or her retirement plan and is not eligible to make an election.  A member of the Office, Professional and Technical (OPT) or the Service, Labor and Trades (SLT) collective bargaining unit of the County government must participate in the Guaranteed Retirement Income Plan, unless the employee makes a one-time irrevocable election to participate in the Retirement Savings Plan during the first 150 days of employment, if the employee:

        (i)   is hired as a full-time employee on or after July 1, 2015;

        (ii)   is a part time employee who does not participate in the Retirement Savings Plan and becomes a full-time employee on or after July 1, 2015; or

        (iii)   is hired as a part time employee on or after July 1, 2023, and does not elect to forego participation in either the guaranteed retirement income plan or the retirement savings plan.

Participation must begin on the first pay period after an employee has completed 180 days of full time employment.

      (B)   Except as provided in subparagraph (A), an eligible employee must participate in the Retirement Savings Plan unless the employee makes a one-time irrevocable election to participate in the Guaranteed Retirement Income Plan during the first 150 days of full-time employment.  Participation must begin on the first pay period after an employee has completed 180 days of full-time employment. A part-time employee who participates in either the Retirement Savings Plan or the Guaranteed Retirement Income Plan when the employee becomes a full-time employee must continue to participate in the same retirement plan.

      (C)   A part time employee who is not a participant in the retirement savings plan may make a one time irrevocable election to participate in the guaranteed retirement income plan any time after the employee has completed 150 days of employment.

  (b)    Participants groups and eligibility.

    (1)   Group I. Except as provided in the last sentence of Section 33-37(e)(2), any full- time or career part-time employee meeting the criteria in paragraphs (A) or (B) must participate in the retirement savings plan if the employee begins, or returns to, County service on or after October 1, 1994.  An employee hired on or after July 1, 2009 must be employed on a full time or part time basis with the County for 180 days before participating in the retirement savings plan.  An individual who changes employment from the County government directly to a participating agency or from a participating agency directly to the County government must continue to participate in the same retirement plan.  Participation in the Retirement Savings Plan must begin on the first payroll after an employee has completed 180 days of employment if the employee:

      (A)

        (i)   is not represented by a County government employee organization;

        (ii)   does not occupy a County government bargaining unit position;

        (iii)   is not a public safety employee; and

        (iv)   does not elect to participate in the guaranteed retirement income plan; or

      (B)

        (i)   is not a public safety employee; and

        (ii)   is subject to the terms of a collective bargaining agreement between the County and an employee organization which requires the employee to participate in the Guaranteed Retirement Income Plan if the employee does not elect to participate in the Retirement Savings Plan; and

        (iii)   elects to participate in the Retirement Savings Plan.

    (2)   Group II.

      (A)   Except as provided in the last sentence of Section 33-37(e)(2), a full-time or career part-time employee must participate in the retirement savings plan if the employee begins, or returns to, County service on or after October 1, 1994; and

        (i)    is a public safety employee; and

        (ii)   is subject to the terms of a collective bargaining agreement between the County and an employee organization which requires the employee to participate in the retirement savings plan.

      (B)   A member of the Police Bargaining Unit may transfer to Group II of the retirement savings plan if the employee has accumulated enough credited service to obtain the maximum retirement benefit under the optional or integrated plan.

      (C)   Except as provided in the last sentence of Section 33-37(e)(2), a full-time or career part-time employee must participate in the retirement savings plan or the guaranteed retirement income plan if the employee begins, or returns to, County service on or after October 1, 1994; and

        (i)   is not represented by an employee organization;

        (ii)   does not occupy a bargaining unit position; and

        (iii)   is a public safety employee.

  (c)    Transfers.

    (1)   Transfers from the retirement savings plan are only permitted as described in paragraph (4).  After an employee enrolls in the retirement savings plan, the employee must continue in the retirement savings plan until the employee is no longer eligible for membership in either Group I or Group II.  If an employee is no longer eligible for membership in Group I or Group II, the employee may participate in the plan of the retirement system in which the member qualifies for participation under Article III.

      (A)   A former participant who is no longer eligible to participate in the retirement savings plan retains the right to the vested account balances and any distribution under the retirement savings plan, unless the participant elected to participate in the guaranteed retirement income plan under paragraph (4) and the participant’s account balance was transferred to the guaranteed retirement income plan.

      (B)   The former participant's participation under the optional retirement plan or the integrated retirement plan, or the guaranteed retirement income plan is governed by Article III.

    (2)   Any employee enrolled in the optional retirement plan or the integrated retirement plan under Article III may transfer to the retirement savings plan.

      (A)   An employee electing to transfer into the retirement savings plan must transfer into the membership group for which the employee qualifies for participation, excluding the requirement that the employee begin County service on or after October 1, 1994.

      (B)   The employee's credited service for purposes of determining the employee's vested benefits in the retirement savings plan must be determined based upon the employee's total number of years of credited service earned under the retirement savings plan, the optional retirement plan, and the integrated retirement plan.

      (C)   The employee's benefit calculations under the plan from which the employee transferred is governed by Article III.

      (D)   No transfers will be permitted before April 1, 1995. Any transfer takes effect at the beginning of the first pay period following the employee's written election to transfer.

    (3)   Transfers between Group I and Group II. If a participant no longer satisfies the requirements for the group in which the participant is enrolled, the participant must transfer to the group in which the participant satisfies the membership requirements.

    (4)   Transfer to the guaranteed retirement income plan.

      (A)   A full time or part time employee hired on or after October 1, 1994 and before January 1, 2009 who participates in the retirement savings plan, and who is not a public safety employee, may make a one time irrevocable election to terminate participation in the retirement savings plan and participate in the guaranteed retirement income plan effective the first full pay period after July 1, 2009.  An employee must make this election between December 31, 2008 and June 1, 2009.  An employee who elects to terminate participation in the retirement savings plan must have his or her account balances transferred to the guaranteed retirement income plan.  An employee who does not make this election must continue to participate in the retirement savings plan.

      (B)   A full time or part time employee hired between December 31, 2008 and July 1, 2009 who participates in the retirement savings plan, and who is not a public safety employee, may make a one time irrevocable election to terminate participation in the retirement savings plan and participate in the guaranteed retirement income plan.  An employee has 150 days after the employee was hired to make this election.  An employee who makes this election must have his or her account balance transferred to the guaranteed income plan. An employee who does not make this election must continue to participate in the retirement savings plan.

      (C)   A full-time or part-time employee hired on or after October 1, 1994 and before January 1, 2009 who participates in the retirement savings plan, and who is a public safety employee not represented by an employee organization and does not occupy a bargaining unit position, may make a one-time irrevocable election to terminate participation in the retirement savings plan and participate in the guaranteed retirement income plan effective the first full pay period after December 31, 2009.  An employee must make this election between October 1, 2009 and December 1, 2009.  An employee who elects to terminate participation in the retirement savings plan must have his or her account balances transferred to the guaranteed retirement income plan.  An employee who does not make this election must continue to participate in the retirement savings plan.

**Sec. 33-116. Participant contributions.**

  (a)    Percent of participant contributions.

    (1)

      (A)   Group I.  Each participant in Group I must contribute, through regular payroll deductions, 4 percent of regular earnings less than or equal to the Social Security wage base and 8 percent of regular earnings that exceed the Social Security wage base.

      (B)   Group II.  Each participant in Group II must contribute, through regular payroll deductions, 3 percent of regular earnings less than or equal to the Social Security wage base and 6 percent of regular earnings that exceed the Social Security wage base.

      (C)   For service beginning on the first pay period after June 30, 2011 and before the first pay period beginning after July 1, 2012, a participant may contribute an additional 2 percent of regular earnings on an after-tax basis by making an irrevocable election in writing on or before September 1, 2011.

    (2)   To the extent allowed by the Internal Revenue Code, the County must “pick up” (as described in the Internal Revenue Code) mandatory member contributions to the Retirement Savings Plan for pay periods beginning on or after October 1, 1994.  A participating agency must execute an adoption agreement before its employees can participate in the pickup plan.

    (3)   The Chief Administrative Officer may allow an agency that is not an “employing unit” (as described in Section 414(h)(2) of the Internal Revenue Code) to participate in the Retirement Savings Plan.  The County must not “pick up” (as described in the Internal Revenue Code) mandatory contributions of members employed by a participating agency that is not an “employing unit.”

    (4)   The County must contribute on behalf of a participant who rejoins County service after military service that qualified under Section 33-119(b) as credited service an amount equal to the amount that the participant could have contributed if the participant had worked for the County during the period of military service.

      (A)   Contributions for the period of military service must be based on the regular earnings the participant would have earned during the period of military service.  If this amount of regular earnings is not reasonably ascertainable, the contribution must be based on the participant’s average regular earnings during a period immediately preceding military service. The averaging period is 12 months, or the full length of the participant’s County service, whichever is shorter.

      (B)   Contributions under this paragraph count toward the maximum annual contribution limits under the Internal Revenue Code for the year for which the contributions relate.

      (C)   The participant is not entitled to any retroactive allocation of forfeitures or any retroactive crediting of earnings because of contributions under this subparagraph.

      (D)   The County must not credit a participant with a discretionary after-tax contribution under subsection (a)(1)(C) unless the participant elects to make up the contribution under Internal Revenue Code Section 414(u), as amended.

  (b)   Treatment of participant contributions.

    (1)   Required participant contributions must be allocated to the participant contributions account established for each participant.  In addition, amounts allocated to the participant contributions account must be further allocated to sub-accounts to reflect the proportionate amount of each account invested in each of the applicable investment funds by the participant.  As of each valuation date, the Board must value the assets of each participant contributions account on a current market value basis.

    (2)   A participant is always fully vested in the amount of the participant contributions account.

  (c)   Participant rollover contributions. With the Chief Administrative Officer's written consent, a participant may transfer or rollover to the retirement savings plan any interest in any other eligible retirement plan as defined in Internal Revenue Code Section 402(c).

  (d)   Treatment of rollover contributions.

    (1)   The County must allocate the rollover contributions made on behalf of each participant to a rollover contributions account the Board establishes for that participant.  In addition, amounts allocated to each rollover contributions account must be further allocated to sub-accounts to reflect the proportionate amount of each account invested in each of the applicable investment funds by the participant.

    (2)   A participant is always fully vested in the amount of the rollover contributions account.

  (e)   Treatment of certain transfers.

    (1)   For each employee who transfers under Sections 33-115(a)(2) or (3) to the retirement savings plan, the Board must establish a separate employee transfer contributions account, or otherwise separately account, for employee contributions and interest transferred from the State of Maryland Retirement or Pension Systems to the Board under Section 33-115(a)(4). The Board must establish a subaccount of the account for each investment fund selected by the participant.

    (2)   A participant is fully vested in the amount transferred under paragraph (1).

    (3)   The Chief Administrative Officer may direct the Board to merge the amount transferred under paragraph (1) with the participant's regular account.

**Sec. 33-117. Employer contributions.**

  (a)   Amount of employer contributions.

    (1)   Group I participants. The County must contribute to the retirement savings plan in quarterly installments, on behalf of each Group I participant, an amount equal to 6 percent for service beginning on the first pay period after June 30, 2011 and 8 percent for service beginning on the first pay period after June 30, 2012 of that participant's regular earnings while a Group I participant during a plan year.

    (2)   Group II participants. The County must contribute to the retirement savings plan in quarterly installments, on behalf of each Group II participant, an amount equal to 8 percent for service beginning on the first pay period after June 30, 2011 and 10 percent for service beginning on the first pay period after June 30, 2012 of that participant's regular earnings while a Group II participant during a plan year.

    (3)   Group I and Group II. If during a plan year, the participant is a member of Group I for part of the plan year and a member of Group II for the remaining part of the plan year, the participant must receive a prorated employer contribution based on the number of months the participant qualified for each group.

    (4)   When a participant rejoins County service after military service that qualified under Section 33-119(b) as credited service, the County must contribute on behalf of the participant the amount that the County would have contributed if the participant had worked for the County during the period of military service.

      (A)   The County contributions must be based on the gross pay the participant would have earned during the period of military service. If this amount of gross pay is not reasonably ascertainable, the County contributions must be based on the participant’s average gross pay during a period immediately preceding military service. The averaging period is 12 months, or the full length of the participant’s County service, whichever is shorter.

      (B)   County contributions under this paragraph count toward the maximum annual contribution limits under the Internal Revenue Code for the year for which the contributions are made.

      (C)   The participant is not entitled to any retroactive allocation of forfeitures or any retroactive crediting of earnings because of employer contributions under this subparagraph.

  (b)   Treatment of employer contributions.

    (1)   The County must allocate the County contributions made on behalf of each participant to a County contributions account the Board establishes for that participant.  In addition, amounts allocated to the County contributions account must be further allocated to sub-accounts to reflect the proportionate amount of each account invested in each of the applicable investment funds.

    (2)   As of each valuation date, the Board must value the County contributions account of each participant on a current market value basis by the participant.

    (3)   A participant who ends employment with the County and who is not vested in the County contributions account must forfeit the full account balance in the County contributions account.  The Chief Administrative Officer must consider all forfeitures arising during the plan year under the retirement savings plan in determining the County contributions and must use the forfeitures as provided in Section 33-120(d)(3).

  (c)   Treatment of transferred employer contributions.

    (1)   For each employee who elects under Section 33-115(a)(2) or (3) to participate in the retirement savings plan, the Board must establish a separate employer transfer contributions account, or otherwise separately account, for employer contributions and interest transferred from the State of Maryland Retirement or Pension Systems to the Board under Section 33-115(a)(4). The Board must establish a subaccount of the account for each investment fund selected by the participant.

    (2)   The Chief Administrative Officer may direct the Board to merge the amount transferred under paragraph (1) with the participant's regular account.

**Sec. 33-117A. County contributions to State retirement and pension systems on behalf of certain former State employees.**

  (a)   This section applies to a person who was eligible to transfer to the County retirement savings plan under Section 33-115(a)(2) or (3) but remained a participant in the State of Maryland Retirement and Pensions Systems.

  (b)   The County must pay any mandatory employee contributions directly to the State of Maryland Retirement and Pension Systems by deducting the amount from the person's compensation. The County must treat the contributions as if they were paid by the County. A person may not choose to receive the contributions directly.

  (c)   The direct payments required by subsection (b) are intended to satisfy the requirements of State law and the Internal Revenue Code for the County to adopt the pick-up plan available under the State of Maryland Retirement and Pension Systems.

  (d)   The Chief Administrative Officer, on behalf of the County, may sign documents necessary to implement the pick-up plan under this section.

**Sec. 33-118. Maximum annual contribution.**

  (a)    Contribution limitations.

    (1)   Notwithstanding any other provision in this Division, to the extent required under the Internal Revenue Code, the annual additions described in this Section that are allocated in any limitation year to the retirement accounts of any participant must not exceed the lesser of:

      (A)   $30,000, effective January 1, 1995, or $40,000, effective January 1, 2002 (the “dollar limitation”); as adjusted by the Internal Revenue Service from time to time to reflect cost of living increases; or

      (B)   25 percent of the participant's compensation as defined below, or 100 percent of the participant's compensation, effective January 1, 2002, (the "percentage limitation").

    (2)   For purposes of this Section, the annual addition must be:

      (A)   County contributions;

      (B)   required participant contributions;

      (C)   forfeitures, but only if the retirement savings plan permits forfeitures to be added to the participant's account; and

      (D)   after-tax contributions.

    (3)   In this Section, for purposes of applying Section 415 of the Internal Revenue Code, “compensation” has the same meaning as provided in Treasury Regulation Section 1.415-2(d)(1), including amounts contributed at the election of the participant that are not includible in the gross income of the participant, under Sections 402(g)(3), 125, 457, and (effective January 1, 2001) 132(f)(4) of the Internal Revenue Code. Effective for limitation years after December 31, 2008, compensation must include amounts required to be included by Section 414(u)(12) of the Internal Revenue Code.

    (4)   For purposes of this Section, the maximum dollar limitation of $30,000 in subsection (a)(1)(A), or $40,000 effective January 1, 2002 and the maximum dollar limitation of $150,000 in subsection (b), or $200,000, effective January 1, 2002, must be automatically increased as permitted by United States Treasury Regulations to reflect cost-of-living adjustments.

    (5)   Amounts transferred from the State of Maryland Retirement or Pension Systems to the Board under Section 33-115(a)(4) do not constitute an annual addition under paragraph (2).

  (b)    Compensation limitation. For purposes of this retirement savings plan, for plan years beginning on or after January 1, 2002, only the first $200,000 of a participant's regular earnings, or any other amount permitted under Internal Revenue Code Section 401(a)(17), must be taken into account.

  (c)   Effective July 1, 2007, all contributions made to a participant’s account within 2 ½ months after termination of employment or within the limitation year that contains the termination from employment must be considered compensation for purposes of Internal Revenue Code Section 415, as amended.

  (d)   For purposes of this Section, limitation year means calendar year.

  (e)   For purposes of applying this Section, all defined contribution plans maintained by the County must be aggregated.

**Sec. 33-119. Credited service.**

  (a)   A participant's credited service is the total years and months of County service the participant rendered under the Retirement Savings Plan, the optional retirement plan, the integrated plan, and the guaranteed retirement income plan.  A participant must receive credited service for any period when the participant was a part-time employee contributing to an employer-supported savings program provided by a participating agency.  An employee hired before July 1, 2009 must receive 1 year of credited service for each year of County service.  Each year of County service ends on the anniversary of the date the participant started working for the County.  A participant must also receive one month of credited service for each month during which the participant worked at least one hour for the County.  An employee hired on or after July 1, 2009 must receive one year of credited service for each year of participation in a County retirement plan and one month of credited service for each month during which the employee participated in a County retirement plan.  A person who transferred to the Retirement Savings Plan under Section 115(a)(3) or (4) must receive credit for County service for creditable State service earned as a State employee of the County Department of Social Services.  A person who does not transfer to the Retirement Savings Plan under Section 115(a)(3) or (4) must not receive credit for County service for this State service.

  (b)   County service includes any period of compulsory or voluntary service in the armed forces of the United States, a state militia, or other military service covered under the Uniformed Services Employment and Reemployment Rights Act, if the participant:

    (1)   was a member of the Retirement Savings Plan, the optional retirement plan, the guaranteed retirement income plan, or the integrated plan when the military service began;

    (2)   applied for reemployment or returned to County service within:

      (A)   1 year after discharge from the military service, and the participant does not take other employment;

      (B)   2 years after completing military service if the member was hospitalized or convalescing from an illness or injury incurred or aggravated during military service, and the participant does not take other employment; or

      (C)   more than 2 years if circumstances beyond the control of the participant make it impossible or unreasonable for the participant to apply for reemployment within 2 years, and the participant does not take other employment; and

    (3)   the total period of military service did not exceed 5 years, not including any period of military service described under Section 4312(c)(1) - (4) of Title 38, United States Code.

  (c)   An employee who did not become a member of the retirement savings plan solely because the employee was called to active duty before completing 180 days of County employment must be eligible to receive contributions under Sections 33-115 and 33-116 if the employee becomes a participant in the retirement savings plan upon re-employment.

**Sec. 33-120. Distribution of Benefit.**

  (a)   Normal Retirement Benefits.

    (1)   Normal Retirement Benefit. A participant who retires on or after the participant's normal retirement date may receive the participant's total account balances in the retirement savings plan.  The Chief Administrative Officer must distribute the value of the participant's account balances to the participant under this Section.

    (2)   Vesting. If a participant's normal retirement date occurs before the participant's separation from County service, all amounts credited to the participant's County contributions account are 100% vested regardless of the participant's years of credited service.

    (3)   Deferred Retirement. If a participant's employment continues after the participant's normal retirement date, the participant must continue to participate in the retirement savings plan and the distribution of the participant's benefits must begin in accordance with subsection (i).

  (b)    Disability Benefits.

    (1)   Public Safety Employees. If a participant who is a public safety employee incurs a disability before retirement or other separation from service which, in the opinion of a physician selected or approved by the Chief Administrative Officer, renders the participant unable to perform duties satisfactorily for the employment the participant held with the County before the disability, the participant's employment and participation in the retirement savings plan must be terminated and deemed a disability retirement under the following rules:

      (A)   All amounts credited to the participant’s retirement savings plan account, including County contributions, are 100% vested regardless of the participant's years of credited service.

      (B)   The Chief Administrative Officer must determine the date on which a disability retirement is effective.  After the participant submits a properly completed distribution form, the Chief Administrative Officer must distribute the value of the former participant's account balances to the former participant under this Section.

    (2)   Non-public safety employees. If a participant who is a non-public safety employee incurs a disability before retirement or other separation from service which makes the participant unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months, the disabled participant must remain a participant in the retirement savings plan under the following rules:

      (A)   All amounts credited to the participant’s retirement savings account, including County contributions, are 100% vested regardless of the participant's years of credited service.

      (B)   The participant must remain a participant in the retirement savings plan under this Section until the participant dies, reaches his or her normal retirement date, or recovers from the disability.

      (C)   In determining the amount of the County contribution under Section 33-117, the participant's regular earnings means the regular earnings the participant would have received for the year if the participant was paid for the full year at the rate of compensation paid in the pay period immediately before the participant became disabled.

      (D)   The participant must not receive a distribution during any period in which the participant receives a County contribution.

      (E)   The participant must not make participant contributions under Section 33-116 during the period of disability participation in the retirement savings plan.

  (c)    Death benefits.

    (1)   Death Benefit. If a participant dies before receiving the participant's total account balances in the retirement savings plan, the Chief Administrative Officer must distribute the value of the participant's account balances to the participant's beneficiary under this Section.

    (2)   Vesting. If a participant dies before the participant’s separation from County service, all amounts credited to the participant’s County contributions account are 100% vested regardless of the participant’s years of credited service. For purposes of this subsection, vesting must be in accordance with Section 401(a)(37) of the Internal Revenue Code. Effective January 1, 2007, the beneficiary of a participant on a leave of absence to perform military service with reemployment rights described in Section 414(u) of the Internal Revenue Code, where the participant cannot return to employment on account of his or her death, must be entitled to any additional benefits that would be provided under the retirement savings plan had the participant died as an active employee, in accordance with Section 401(a)(37) of the Internal Revenue Code.

    (3)   A participant may name a primary beneficiary or beneficiaries and contingent beneficiary or beneficiaries on a designation of beneficiary form filed with the Office of Human Resources, or designee of the Chief Administrative Officer, including a third party service provider.  If a participant names 2 or more persons as beneficiaries, the persons are considered co-beneficiaries and share the benefit equally unless the participant specifies otherwise on the designation of beneficiary form.  A participant may change any named beneficiary by completing a new designation of beneficiary form.  The consent of the beneficiary or beneficiaries is not required to name or change a beneficiary.  The designation is effective if received by the Office or the designee of the Chief Administrative Officer, including a third party service provider, during a participant’s lifetime.

    (4)   If a participant dies without designating a surviving beneficiary or the designation is not enforceable under subsection (5), the surviving spouse or domestic partner (or if there is no surviving spouse or domestic partner, each surviving child, sharing equally with any other surviving child) is the designated beneficiary.  If no spouse, domestic partner, or child survives a participant who left no enforceable beneficiary designation, the participant’s estate is the designated beneficiary.

    (5)   For purposes of this Section, a beneficiary designation is not enforceable if:

      (A)   the designated beneficiary:

        (i)   predeceases the member;

        (ii)   disclaims the benefit; or

        (iii)   is not an identifiable person; or

      (B)   the designation is legally void for any reason.

  (d)   Separation from service before normal retirement, death or disability retirement.

    (1)   Distribution of account balances. If a participant separates from County service for any reason other than normal retirement, disability retirement, or death, the Chief Administrative Officer must distribute to the participant the vested portion of the participant's account balances under this Section.

    (2)   Vesting Schedule. A participant is 100% vested in all participant contributions accounts and rollover contributions accounts at all times.  The vested interest in a participant's County contributions account must be a percentage of the account, determined on the basis of the participant's years of credited service as follows:

Vested Percentage | Years of Credited Service
0% | less than 3
100% | 3 or more

    (3)   Forfeitures.

      (A)   If a participant has no vested interest in the County contributions account at the time of the participant's separation from service, the participant must forfeit the entire County contributions account as of the date of separation from service.

      (B)   The Chief Administrative Officer must allow a one-time reinstatement of the forfeited County contributions to an employee who is reemployed by the County within 12 months of separation and again becomes a member of the Retirement Savings Plan.  The amount reinstated by the Chief Administrative Officer must be equal to the value of the County contributions account, including investment gains and losses, as of the date of the employee's separation.  This provision applies, regardless of the member's separation or reemployment date, if the member requests the reinstatement in writing while the member is an active County employee.

      (C)   The Chief Administrative Officer must use the forfeitures to pay the operating expenses of the retirement savings plan or to reduce the amount of county contributions.

  (e)   In service withdrawals. If a participant is employed by the County, no distribution is permitted.  Distributions must be made only upon a participant's death, retirement, disability retirement, or separation from County service.

  (f)   Distribution methods. The Chief Administrative Officer must pay, at the request of the participant or the designated beneficiary, a participant's account balances in the retirement savings plan upon retirement, disability retirement, death, or separation from County service.

    (1)   Normal method of distribution. Unless the participant elects an optional method, the normal method of distribution must be a lump sum distribution.

    (2)   Optional method of distribution - Annuity.

      (A)   A participant may elect, subject to the conditions of this paragraph, to have the entire account balances used to buy an annuity payable in one of the following actuarially equivalent methods:

        (i)   A joint and survivor annuity payable for the life of the participant, with a survivor's annuity payable for the life of the participant's spouse or domestic partner in an amount at least equal to one-half of the amount of the annuity payable during the joint lives of the participant and the participant's spouse or domestic partner.

        (ii)   A single life annuity payable for the lifetime of the participant.

        (iii)   A period certain annuity in which a certain number of payments are guaranteed regardless of when the participant dies.

      (B)   If benefits under the retirement savings plan are payable as an annuity, the Board must use the account balances of the participant to buy an annuity contract from an insurance company authorized to do business in the State.  The contract must provide for payment in the method chosen by the participant.

    (3)   Optional method of distribution - Installments. A participant may elect to have the entire account balances paid in installments on a monthly or annual basis over a period selected by the participant, subject to applicable restrictions in the Internal Revenue Code and its corresponding regulations.

    (4)   Optional method of distribution - Transfer to Employees' Retirement System, Annuity Option. A participant may elect to have the participant's entire account balance transferred to the employees' retirement system and have the account balance paid in one of the annuity options available under Section 33-44(g)(2).

  (g)    Direct rollover distributions. Notwithstanding any provision of this Division that would otherwise limit a participant's election under this Section, a participant or beneficiary may elect in any manner prescribed by the Chief Administrative Officer at any time to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover.  As used in this subsection:

    (1)   direct rollover means a payment from the retirement savings plan to the eligible retirement plan specified by the participant.

    (2)   eligible retirement plan means:

      (A)   an individual retirement account described in Internal Revenue Code Section 408(a), as amended;

      (B)   an individual retirement annuity described in Internal Revenue Code Section 408(b), as amended, (other than an endowment contract);

      (C)   a qualified trust;

      (D)   an annuity plan described in Internal Revenue Code Section 403(a), as amended;

      (E)   an eligible deferred compensation plan described in Internal Revenue Code Section 457(b), as amended, which is maintained by an eligible employer described in Internal Revenue Code Section 457(e)(1)(A), as amended; and

      (F)   an annuity contract described in Internal Revenue Code Section 403(b), as amended.

    (3)   eligible rollover distribution means any distribution to a participant of all or any portion of the participant’s account balance; except:

      (A)   any distribution which is one of a series of substantially equal periodic payments (not less frequently than annually) made:

        (i)   for the life (or life expectancy) of the employee or the joint lives (or joint life expectancies) of the employee and the employee’s designated beneficiary; or

        (ii)   for a specified period of 10 years or more; or

      (B)   any distribution to the extent such distribution is required under Internal Revenue Code Section 401(a)(9), as amended.

    (4)   For purposes of this subsection, beneficiary includes a non-spouse beneficiary. A non-spouse beneficiary may make a direct rollover only to an inherited individual retirement account or annuity described in Sections 408(a) or 408(b) of the Internal Revenue Code that is established on behalf of the non-spouse beneficiary. Such rollover shall be made in a manner consistent with Section 402(c)(11) of the Internal Revenue Code and any other applicable guidance.

  (h)   Benefit distribution date.

    (1)   The Chief Administrative Officer must pay a participant who retires by reason of normal, deferred, or disability retirement the participant’s account balances in the retirement savings plan.  The distribution must begin as soon as administratively feasible after the participant’s retirement and after the date elected by the participant, but no later than April 1 following the later of the calendar year in which the participant attains age 72, or the calendar year in which the participant’s County employment ends.

    (2)   A participant who has a 100% vested interest in the County contributions account, and whose County employment ends before the participant's death, disability retirement, or normal retirement date, may receive the account balances in the County contribution accounts and the participant contribution accounts before reaching the normal retirement date only upon filing written consent for the distribution with the Chief Administrative Officer.  The distribution must be made as soon as administratively feasible after the Chief Administrative Officer receives the written consent for the distribution.

    (3)

      (A)   If a participant's County employment ends before the participant has a vested interest in the County contributions and the participant properly completes and submits an application for distribution of the participant’s contribution account, the County must distribute the participant's contribution account as soon as administratively feasible.

      (B)   If a participant does not properly complete and submit an application for a distribution, the County must distribute the participant’s contribution account under the time limits described in this Section.

    (4)   Notwithstanding any other provision of this subsection, a participant’s account balance of $1000 or less must be automatically distributed in a lump sum as soon as administratively feasible after termination of employment without a request from the participant.

  (i)    Required commencement of benefit payments.

    (1)   The distribution of a participant's or former participant's retirement benefits must begin no later than April 1 following the later of:

      (A)   the calendar year in which the participant attains age 72; or

      (B)   the calendar year in which the participant separates from County service.

    (2)   The distribution may be made as provided in subsection (f).

  (j)    Notwithstanding the preceding subsections, a participant or beneficiary who would have been required to receive minimum required distributions for 2020 but for the enactment of Internal Revenue Code Section 401(a)(9)(I), must receive those distributions for 2020 unless the participant or beneficiary elects not to receive such distributions.

  (k)   Period for distribution of death benefits of a participant who was not receiving benefits or did not receive the entire benefit. If a participant dies before payment of all benefits, the benefits must be distributed before the end of the calendar year containing the fifth anniversary of the participant’s death unless:

    (1)   any portion of the participant’s benefit is payable to, or for the benefit of, an individual designated by the participant as a beneficiary. In such case, the benefits must be distributed by the end of the calendar year containing the tenth anniversary of the participant’s death;

    (2)   any portion of the participant’s benefit payable to, or for the benefit of, an eligible designated beneficiary as defined in Internal Revenue Code Section 401(a)(9)(E)(ii). In such a case:

      (A)   the portion of the benefit to which the eligible designated beneficiary is entitled will be distributed over the life of the eligible designated beneficiary or over a period not extending beyond the life expectancy of the eligible designated beneficiary; and

      (B)   the distributions begin before the end of the calendar year following the calendar year in which the participant’s death occurred; or

    (3)

      (A)   if the eligible designated beneficiary is a surviving spouse, the portion of the participant’s benefit to which the surviving spouse is entitled will be distributed over the life of the surviving spouse, or over a period not extending beyond the life expectancy of the surviving spouse; and

      (B)   the distributions begin before the later of the end of the calendar year following the calendar year in which the participant died or the end of the calendar year in which the participant would have reached age 72.

    (4)   If the eligible designated beneficiary is a child who has not reached majority, the benefit must be paid within 10 years of the child reaching the age of majority or other designated event permitted under federal regulation.

  (l)   Limitations of Internal Revenue Code Section 401(a)(9).  Distributions under a plan must be subject to the limitations of Section 401(a)(9) of the Internal Revenue Code, including the incidental death benefit rules in Section 401(a)(9)(G) of the Internal Revenue Code, in accordance with any proposed or final regulations under Section 401(a)(9) of the Internal Revenue Code.

  (a)  the amendments in Section 1 to §§ 33-44 and 33-120 increasing the required distribution age from 70 ½ to 72 must take effect for individuals attaining age 70 ½ after December 31, 2019; and

  (b)  the amendments in Section 1 to §§ 33-44 and 33-120 requiring distributions to beneficiaries upon a participant’s death must take effect for deaths occurring after December 31, 2021.

**Sec. 33-121. Investment of contributions to the retirement savings plan.**

  (a)    Investment options.

    (1)   A participant must direct that contributions allocated to the participant's retirement accounts be invested in one or more of the investment options selected by the Board.  The investment options selected by the Board must conform to all applicable requirements of the Internal Revenue Code.

    (2)   A participant must allocate contributions among the investment options only in percentages of the value of the account balances of the participant, as determined by the Board.

    (3)   A participant's direction of investment must remain in effect until the participant changes the direction.  If a participant does not provide a valid direction of investment, the account balances of the participant, to the extent they are not governed by a valid direction of investment, must be invested in an appropriate investment option selected by the Board.

  (b)    Change of allocation.

    (1)   A participant or former participant may change the allocation of the participant's account balances among the investment options in accordance with procedures set by the Board.  The changes must take effect on the date or dates set by the Board.

    (2)   A participant or former participant may designate that the change of the allocation among investment options is effective as to one or both of:

      (A)   the participant's or former participant's account balances on the effective date of the change; and

      (B)   the participant's contributions and County contributions made after the effective date of the change.

  (c)    Gains and losses. The Board must maintain separate and distinct accounts for each participant.  The Board must determine the value of an individual account solely with respect to the activity within each participant's account and unrealized gains to a participant's account.

**Sec. 33-122. Administration.**

  (a)   Regulations for administration. The County Executive must issue regulations under method (2) to administer the retirement savings plan.

  (b)   Responsibility for administration. The Chief Administrative Officer must administer the retirement savings plan.  Except for the powers of the Board, the Chief Administrative Officer must take all actions and make all decisions to administer the retirement savings plan, including, but not limited, to:

    (1)   interpret the provisions of the retirement savings plan;

    (2)   decide the eligibility of any employee and the rights of any participant or beneficiary to receive benefits;

    (3)   compute the amount of benefits payable to any participant or beneficiary;

    (4)   authorize disbursements of benefits;

    (5)   keep records;

    (6)   consult with the Board regarding the selection of a record keeper for the retirement savings plan;

    (7)   incur expenses as necessary to administer the retirement savings plan, subject to appropriation;

    (8)   disclose the reports prepared under this Section;

    (9)   prepare and file reports that are required by law; and

    (10)   delegate any power or duty under this Section.

The Chief Administrative Officer's determination on any matter within the Chief Administrative Officer's authority under this plan is final and binding on all interested parties.

  (c)   Payment of expenses and contributions. The County Government must make contributions to the retirement savings plan, subject to appropriation.  The County Government may make additional contributions to the trust to cover operating expenses of the retirement savings plan.  The Board must pay operating expenses of the savings plan from savings plan assets or from County Government assets, at the direction of the Chief Administrative Officer.  A participating agency must pay any amounts necessary to cover the agency's respective contributions and operating expenses of the retirement savings plan.

  (d)   Procurement. Chapter 11B does not apply to procurement of goods and services for the retirement savings plan by the Chief Administrative Officer.

  (e)   Records. The Chief Administrative Officer must prescribe the form, scope, maintenance, and disclosure of records for the retirement savings plan under State law.

  (f)   Interpretations. The Chief Administrative Officer must decide questions arising under this Division.  Any participant, former participant, or designated beneficiary eligible to receive benefits from the retirement savings plan may request, in writing, a decision on questions arising under this Division.  The Chief Administrative Officer must respond in writing to the request within 60 days.  The response must include a statement of appeal rights.  A decision by the Chief Administrative Officer may be appealed within 15 days to the Merit System Protection Board.  The decision of the Merit System Protection Board is final.

  (g)   Independent audit. The retirement savings plan must be included in the annual audit performed by a certified public accountant under contract to the County Council as required by Section 315 of the Charter.

  (h)   Annual reports. By March 1 of each year, the Chief Administrative Officer must submit to the County Council and County Executive an annual report on the status of the retirement savings plan for the preceding plan year, including the extent and content of counseling made available to participants. The Chief Administrative Officer must make the report available to all County officials, each participant of the retirement savings plan, and the public.  The County Council may ask the Chief Administrative Officer or the Board to provide additional information in the annual report or in additional reports.  The Chief Administrative Officer and the Board must provide the additional information promptly.

  (i)   Participant statements. The Chief Administrative Officer must supply to each participant for each plan year a report stating the amount of the participant's account balances and the participant's vested interest.  The report must be distributed as soon as administratively feasible after the close of each plan year.  The Chief Administrative Officer is not required to provide more than one report during any plan year.

  (j)   Investment information. The Board must supply the Chief Administrative Officer with sufficient participant investment information so that the Chief Administrative Officer may prepare the required participant statements.

**Sec. 33-123. Qualification contingency.**

  (a)   Qualified plan. If it is determined that the retirement savings plan is not a qualified plan under the Internal Revenue Code, this Article is ineffective as of the date of the determination.

  (b)   Return of County contributions. Any account balance with respect to County contributions must be returned to the County as soon as administratively possible after this Division becomes ineffective.

  (c)   Return of participant contributions. Any account balances with respect to required participant contributions, including any amount picked up by the County, must be returned to the participant who made them as soon as administratively possible after this Division becomes ineffective.

  (d)   Participation.

    (1)   After a determination under this Section, a participant must become a member of the retirement system under Article III in which that employee would have been eligible to participate if the retirement savings plan had never existed.

    (2)   An employee's credited service earned while a participant in the retirement savings plan must be counted in determining benefits and vesting under a plan in which the employee becomes a member after the retirement savings plan becomes ineffective.

    (3)   An employee must contribute to the new plan, in a single lump-sum cash payment, the total nonvoluntary employee contributions that the employee would have been required to make under the plan for the period during which the employee was a participant in the retirement savings plan as if the employee had participated in the plan instead of the retirement savings plan.

    (4)   The County must make, on behalf of the employee, contributions to the new plan in the amount the County would have made on behalf of that employee for the period during which the employee was a participant in the retirement savings plan as if the employee had participated in the plan instead of the retirement savings plan, except as restricted by the Internal Revenue Code.

**Sec. 33-124. Trust fund.**

  A trust is established as part of the retirement savings plan for the benefit of the participants in the retirement savings plan.  The trust consists of the money and property of the retirement savings plan and any earnings, profits, increments, appreciation, and other additions that accrue.  All of the money and property, all investments made with that money and property, and all earnings, profits, increments and other additions, less the payments previously made by the Board, are the retirement savings plan trust fund.

**Sec. 33-125. Powers and duties of the Board.**

  (a)   General.

    (1)   Except as otherwise provided in this Division, the powers and duties with respect to investments of the retirement savings plan are vested in the Board of Investment Trustees.  The Board has legal title to all cash and other property of the retirement savings plan, but may delegate some or all of the incidents of ownership as provided in this Division. Sections 33-61A, 33-61C, and 33-61D apply to the Board with respect to its powers and duties under the retirement savings plan.

    (2)   The Board must invest and reinvest, or cause to be invested or reinvested, the principal and income of the retirement savings plan and keep the same invested without distinction between principal and income.  The Board has the exclusive authority to manage the assets of the retirement savings plan, but must, to the extent directed by participants, invest each participant’s accounts in the manner directed by the participant.  The Board may select mutual funds, commingled funds, unitized investments in the Montgomery County Group Trust, or any combination of other investments as investment options for the retirement savings plan.

    (3)   Chapter 11B does not apply to procurement of goods and services for the retirement savings plan by the Board.

    (4)   After consulting the Chief Administrative Officer, the Board must:

      (A)   develop record keeping functions for the purpose of maintaining and reporting on participant account balances;

      (B)   designate appropriate investment options to be offered to plan participants;

      (C)   designate methods of accounting for investments; and

      (D)   designate methods of selecting annuity contracts for distribution of participant account balances.

    (5)   The Board must make counseling available to each participant during each plan year to advise the participant regarding investment selections for participant and County contributions.

  (b)   Agents for transfer of property.

    (1)   The Board may register any securities or other property in its own name or in the name of a nominee.  The Board may hold any security in bearer form.  However, the Board or its agent must keep records that show that the investments are part of the trust fund.

    (2)   The Board may form a partnership under State law to hold or transfer securities as the nominee of the Board.

    (3)   The Board may designate in writing a trustee to hold or transfer securities as nominee of the Board.

    (4)   The Board must provide that trustees or a partnership that the Board designates must act only as agents of the Board.  The Board may set other conditions that the Board considers prudent.

    (5)   The trustees or a partnership the Board designates may agree with a bank or other financial institution to:

      (A)   guarantee the signatures made as nominee of the Board; and

      (B)   conduct settlements and transfers through participation in central security depositories.

  (c)    Authorized investments.

    (1)   The Board may select or remove any investment option for the retirement savings plan that the Board finds prudent under the policies set by the Board.

    (2)   If an investment through any combined, common, or commingled trust fund exists, the declaration of trust of that fund is a part of the retirement savings plan trust.

  (d)    Trustee powers. Except as otherwise provided in this Division, the Board may:

    (1)   with any cash, purchase or subscribe for any investment, at a premium or discount, and retain the investment;

    (2)   sell, exchange, convey, transfer, lease for any period, pledge, mortgage, grant options, contract with respect to, or otherwise encumber or dispose, at public or private sale, for cash or credit or both, any part of the retirement savings plan;

    (3)   subject to Section 33-61A(h)(2), sue, defend, compromise, arbitrate, compound and settle any debt, obligation, claim, suit, or legal proceeding involving the retirement savings plan, and reduce the rate of interest on, extent or otherwise modify, foreclose upon default, or otherwise enforce any debt, obligation, or claim;

    (4)   retain uninvested a part of the retirement savings plan fund in preparation for the payment of distributions;

    (5)   exercise any option on any investment for conversion into another investment, exercise any rights to subscribe for additional investments, and make all necessary payments;

    (6)   join in, consent to, dissent from, oppose, or deposit in connection with the reorganization, recapitalization, consolidation, sale, merger, foreclosure, or readjustment of the finances of any corporation or property in which the assets of the retirement savings plan are invested, or the sale, mortgage, pledge or lease of that property or the property of any such corporation upon such terms and conditions that the Board considers prudent; exercise any options, make any agreements or subscriptions, pay any expenses, assessments, or subscriptions, and take any other action in connection with these transactions that the Board considers prudent; and accept and hold any investment that may be issued in or as a result of any such proceeding;

    (7)   vote, in person or by any proxy, at any election of any corporation in whose stock the assets of the retirement savings plan are invested, and exercise, personally or by any power of attorney, any right appurtenant to any investment held in the retirement savings plan; and give general or specific proxies or powers of attorney with or without power of substitution;

    (8)   sell, either at public or private sale, option to sell, mortgage, lease for a term of years less than or continuing beyond the possible date of the termination of the trust, partition or exchange any real property for such prices and upon such terms as the Board considers prudent, and execute and deliver deeds of conveyance and all assignments, transfers, and other legal instruments for passing the ownership to the purchaser, free and discharge of all liens;

    (9)   renew or extend any mortgage, upon such terms that the Board considers prudent, and increase or reduce the rate of interest on any mortgage or modify the terms of any mortgage or of any guarantee as the Board considers prudent to protect the retirement savings plan or preserve the value of the investment; waive any default or enforce any default in a manner that the Board considers prudent; exercise and enforce any right of foreclosure, bid on property in foreclosure, take a deed in lieu of foreclosure with or without paying a consideration, and release the obligation on the bond secured by the mortgage; and exercise and enforce in any action, suit, or proceeding at law or in equity any rights or remedies in respect to any mortgages or guarantee;

    (10)   form a corporation or corporations under the laws of any jurisdiction or acquire an interest in or otherwise make use of any corporation already formed to invest in and hold title to any property;

    (11)   for the purpose of investing in and holding title to real or personal property or part interests in property, including equipment pertaining to property, leaseholds, and mortgages;

    (12)   incur and pay expenses for agents, financial advisors, actuaries, accountants and counsel, if those expenses are incurred solely to perform the Board's duties under this retirement savings plan;

    (13)   borrow, raise or lend moneys, for the purpose of the retirement savings plan, in such amounts and upon such terms and conditions as the Board in its discretion considers prudent; for any money borrowed, issue a promissory note and secure the repayment of this note by pledging or mortgaging all or any part of the retirement savings plan;

    (14)   hold, buy, transfer, surrender, and exercise all other incidents of ownership of any annuity contract;

    (15)   if payments to a participant or beneficiary are to be made in the form of an annuity based on one or more lives or life expectancies, buy from any legal reserve life insurance company a single premium, nontransferable annuity contract providing for the payment of the benefits;

    (16)   pool all or any of the assets of the trust, from time to time, with assets belonging to any other retirement plan trust or retiree health benefit trust created by the County, including any subtrust thereof, and commingle such assets and make joint or common investments and carry joint accounts on behalf of this trust, such other trust or trusts, or subtrusts, allocating undivided shares or interests in such investments or accounts or in any pooled assets to the two or more trusts or subtrusts in accordance with their respective interests. Any such trusts or subtrusts may be unitized for investment purposes. The Board may, subject to its fiduciary duties, offer units of such pooled trust or subtrust as an investment option under the Retirement Savings Plan. Consistent with its investment authority, the Board or its delegate may also buy or sell any assets or undivided interests in this trust or in any other trust with which the assets of this trust may be pooled, to or from this trust or such other trusts at such prices or valuations as the Board may determine in reasonable good faith; and

    (17)   do all acts which the Board considers necessary and exercise any and all powers of this Division with respect to the management of the retirement savings plan, and in general, exercise all powers in the management of the assets which an individual could exercise in the management of property owned in the individual's own right except for making an individual investment selection.

  (e)    Prohibited transactions. The Board must not engage in any transaction between the trust and the County, or any entity controlled by the County, in which the Board:

    (1)   lends any part of its income or corpus, without receiving adequate security and a reasonable rate of interest;

    (2)   pays any compensation, more than a reasonable allowance for salaries or other compensation or personal services actually rendered;

    (3)   makes any service available on a preferential basis;

    (4)   makes any substantial purchase of securities or other property for more than adequate consideration which, for avoidance of doubt, does not include a transfer conducted on the terms described in Section 33-170(i) between employee benefit plan trusts or a subtrust;

    (5)   sells any substantial part of its securities or other property for less than adequate consideration which, for avoidance of doubt, does not include a transfer conducted on the terms described in Section 33-170(i) between employee benefit plan trusts or a subtrust; or

    (6)   engages in any transaction which results in a substantial diversion of its income or corpus.

  (f)    The Board must monitor the performance of investment options.  Monitoring may include any tests or analyses that the Board finds prudent.

  (g)    Except for expenses incurred under paragraph (d)(12), the Board must pay all benefits and expenses of the retirement savings plan as directed by the Chief Administrative Officer.

  (h)    The Board may rely on the decision of the Chief Administrative Officer as to the proper recipient of benefit payments.

  (i)   Delegation of duties. The Board may delegate its duties to the Executive Director or a similarly situated County employee as it deems appropriate and consistent with its fiduciary duties in a written policy and procedure.  If the Board has prudently delegated its duties and monitored the delegation, the trustees must not be liable for an act or omission made by its delegate.

**Sec. 33-126. Amendment and termination.**

  (a)   Right to Amend. The County Government expects to continue the retirement savings plan, but it assumes no contractual obligation to continue the plan and reserves the right at any time for any reason to amend the retirement savings plan.

  (b)   Qualification amendments. The retirement savings plan and any related trust agreement, investment advisory agreement, custodial agreement, annuity contract, or similar agreement may be amended by the County Government at any time, either prospectively or retroactively, to conform to the Internal Revenue Code.

  (c)   Termination of the retirement savings plan. The County Government has established the retirement savings plan with the expectation that the County Government will be able to make contributions indefinitely, but the County Government is not under any obligation to continue contributions, or maintain the retirement savings plan for any length of time, and may terminate the retirement savings plan.  In the event of a termination of the retirement savings plan, a participant will become 100% vested in the County contributions account on the effective date of a termination of the retirement savings plan.

  (d)   Termination of participation by a participating agency. If a participating agency decides to withdraw or otherwise terminate its participation in the retirement savings plan, the agency must notify the Chief Administrative Officer in writing.  The Chief Administrative Officer and the appropriate officer of the withdrawing agency must agree on a date for withdrawal. Any transfer of assets pursuant to the withdrawal must satisfy the requirements of the Internal Revenue Code.

**Sec. 33-127. Miscellaneous.**

  (a)   Exemption from Execution, Garnishment, or Attachment.

    (1)   The right of a participant in that participant's account balances or any other right or benefit under this Division are not subject to execution, garnishment, attachment, or any other process, and are not assignable.

    (2)   Notwithstanding the foregoing, a portion or all of a participant's account balances may be paid to an alternate payee pursuant to a qualified domestic relations order under the Internal Revenue Code.  The Chief Administrative Officer must establish forms and procedures to determine the qualified status of domestic relations orders and must determine the form and timing of distributions permissible under such qualified orders.

  (b)   Protection Against Fraud. Any person who knowingly makes any false statement or falsifies or permits to be falsified any record of the retirement savings plan in any attempt to defraud the retirement savings plan is subject to punishment for a class A violation.

  (c)   Error in records. If any change or error in the records results in any participant or beneficiary receiving from the retirement savings plan more or less than the participant or beneficiary is entitled to receive had the records been correct, the error must be corrected, and as far as practicable, the payment must be adjusted in such manner that the amount of the benefit to which that participant or beneficiary was correctly entitled will be paid.  If any participant or beneficiary has received any payment from the retirement savings plan to which the participant or beneficiary is not entitled, the participant or beneficiary must refund that amount to the retirement savings plan.

  (d)   Lost Participants. The Chief Administrative Officer must use all reasonable resources to locate or communicate with a former participant or beneficiary, in order to make and process required minimum distributions as required by Internal Revenue Code Section 401(a)(9).  If such efforts fail, the Chief Administrative Officer or a third party holding these amounts, must distribute the former participant’s or beneficiary’s unprocessed required minimum distributions to the State under the unclaimed property laws.  No amounts must be due to a former participant or beneficiary once paid to the State.  The former participant or beneficiary must claim the distributed amounts directly from the State.

  (e)   Transfer of assets between trust funds of the retirement system.  To the extent permitted by the Internal Revenue Code and applicable guidance under the Internal Revenue Code, the County may transfer assets of the retirement system relating to an account or accrued benefit of a participant in trust-to-trust transfers between the trusts of the Employees' Retirement System and the Retirement Savings Plan to correct operational failures relating to such accounts or accrued benefits.

  (f)   Exclusive Benefit. The Retirement Savings Plan Trust Fund must be held for the exclusive purpose of providing benefits to participants and beneficiaries and defraying reasonable expenses of administering the plan, and except as otherwise provided under the Internal Revenue Code, no part of the trust fund shall ever enure to the benefit of the County.

#### Division 2. Disability Benefits Plan.

**Sec. 33-128. Definitions.**

  In this Division, the following words and phrases have the following meanings:

  Administrator means either the Chief Administrative Officer or the entity that contracts with the County to administer this disability plan.

  Applicant means an employee who has filed an application for benefits under Division 2 of Article VIII, or for whom the Chief Administrative Officer has filed an application.

  Certified representative means an employee organization certified under Sections 33-79, 33-106, or 33-151 to represent a bargaining unit.

  Continued non-service-connected disability means a condition of the employee that:

    (1)   continues after the period of initial non-service-connected disability closes;

    (2)   makes the employee unable to engage in any available employment commensurate with the employee’s training or retraining, education, and experience; and

    (3)   is likely to be permanent.

  Continued service-connected disability for a non-public safety employee means a condition of a non-public safety employee that:

    (1)   continues after the period of initial service-connected disability closes;

    (2)   makes the employee unable to engage in available employment commensurate with the employee’s training or retraining, education, and experience; and

    (3)   is likely to be permanent.

  Continued service-connected disability for a public safety employee means a condition of a public safety employee that:

    (1)   continues after the period of initial service-connected disability closes;

    (2)   makes the employee unable to:

      (A)   engage in available employment commensurate with the employee’s training or retraining, education, and experience; and

      (B)   earn substantially similar final earnings; and

    (3)   is likely to be permanent.

  County means Montgomery County Government and, when applicable, any agency that adopts this plan under an adoption agreement approved by the Chief Administrative Officer.

  Disability Arbitration Board or Board means the 3 persons designated under Section 33-43(m) to review an appeal of the final decision of the Administrator regarding an application for disability benefits.

  Disability Review Panel or Panel means the 4 medical doctors appointed as Panel members by the Chief Administrative Officer under Section 33-43(c).

  Employee means a County employee who participates in the retirement savings plan under this Article or in the elected officials’ plan under Article III or the guaranteed retirement income plan under Article III.

  Final earnings means the annual average of the regular salary of an employee less any shift pay differential for the 18-month period immediately before the disability or any period of 18 consecutive months, whichever is greater.  If a participant is required to take any furlough, as defined in personnel regulations adopted under Section 33-7(b) or a collective bargaining agreement, final earnings must include any amount the participant would have received if the participant had not been required to take any furlough.

  Initial non-service-connected disability means a condition of an employee that:

    (1)   is the natural and proximate result of an accident, illness, or injury;

    (2)   is not due to the employee’s willful misconduct or willful negligence;

    (3)   makes the employee incapable of performing the job that the employee performed immediately before the accident, illness, or injury; and

    (4)   is not an initial service-connected disability.

  Initial service-connected disability means a condition of an employee that:

    (1)   is the natural and proximate result of an accident, illness, or injury occurring, an occupational disease incurred, or a condition aggravated while in the performance of duty as an employee;

    (2)   is not due to the employee’s willful misconduct or willful negligence; and

    (3)   makes the employee incapable of performing the job that the employee performed immediately before the accident, illness, or injury.

  Medical doctor means a doctor of medicine or osteopathy who graduated from a medical school accredited by the American Medical Association and is licensed to practice medicine in Maryland.

  Non-public safety employee means any employee who is not a public safety employee.

  Partial incapacity means a member’s inability to perform one or more essential functions of the position the member holds because of impairment that:

    (1)    is unlikely to resolve in the next 12 months;

    (2)   may be permanent; and

    (3)   does not prevent the member from performing any other substantial gainful activity.

  Plan means the disability benefits plan established under this Division.

  Public safety employee means any employee who is a:

    (1)   sworn, ranking officer of the Police Department;

    (2)   paid firefighter, paid fire officer, or paid rescue service employee of the Montgomery County Fire and Rescue Service;

    (3)   sworn deputy sheriff;

    (4)   correctional officer; or

    (5)   County employee who provides services to a correctional facility and designated as a public safety employee by the Chief Administrative Officer.

  Residual functional capacity means what the individual can still do, despite the individual’s impairment. The County must give the term residual functional capacity the same meaning as the term is given by the Social Security Administration.

  Substantial gainful activity means a level of productive work that requires significant physical or mental duties, or a combination of both, performed for pay or profit on a full-time or part-time basis.  An individual is able to perform a substantial level of work if the individual is able to earn more than the Social Security Administration’s current monthly earnings limit for a disabled person.  The County must give the term substantial gainful activity the same meaning as the term is given by the Social Security Administration.

  Total Incapacity means the member’s inability to perform substantial gainful activity because of an impairment that:

    (1)   is unlikely to resolve in the next 12 months; and

    (2)   may be permanent.

**Sec. 33-129. Disability benefits.**

  (a)   Initial non-service-connected disability benefits.

    (1)   An employee is entitled to receive disability benefits if the administrator determines that the employee has:

      (A)   incurred an initial non-service-connected disability; and

      (B)   worked for the County for the 6 months immediately preceding the disability.

    (2)   The employee is entitled to receive disability benefits subject to this plan for a period of:

      (A)   12 consecutive months for a public safety employee; and

      (B)   36 consecutive months for a non-public safety employee.

  (b)   Continued non-service-connected disability benefits. Before the end of the distribution period for initial non-service-connected disability benefits, the administrator must re-evaluate the employee to determine if the employee satisfies the requirements for a continued non-service-connected disability.  If the employee does not meet the requirements for a continued non-service connected disability, the payment of disability benefits must stop.  If a participant meets the requirements for a continued non-service connected disability, the payment of disability benefits must continue, subject to this  plan.

  (c)   Temporary disability. In extenuating circumstances, the administrator may:

    (1)   waive the requirement that an employee's disability is likely to be permanent for continued service-connected or non-service-connected disability benefits; and

    (2)   approve temporary disability benefits for one or more one-year periods until the administrator determines that the disability:

      (A)   has ended; or

      (B)   qualifies as a continued disability.

  (d)    Initial service-connected disability benefits. An employee may receive disability benefits for a period of 36 consecutive months, subject to this plan, if the administrator finds that:

    (A)   the employee has incurred an initial service-connected disability; and

    (B)   for an accidental injury that does not cause mental impairment, the employee:

      (i)   reports the claimed accidental injury as soon as practicable, but no later than one year after the applicant knew or should have known that the injury is likely to be disabling; or

      (ii)   submits a claim for Workers’ Compensation benefits for the accidental injury that is not dismissed as untimely.

    (C)   The time periods for reporting in subparagraphs (i) and (ii) do not begin while the applicant is unable to report because of incapacitating injuries.

    (D)   For an accidental injury that occurs after July 1, 2009, the applicant must apply for disability benefits within one year after separation from County service or before July 1, 2010, whichever is later.

    (E)   An employee who has committed an offense that would justify termination for misconduct must not receive service-connected disability benefits.

  (e)    Continued service-connected disability benefits.

    (1)   Before the end of the distribution period for initial service-connected disability benefits, the administrator must re-evaluate the employee to determine if the employee satisfies the requirements for a continued service-connected disability.  If the employee does not meet the requirement for a continued service-connected disability, the payment of disability benefits must stop. If the employee meets the requirements for a continued service-connected disability, the payment of disability benefits must continue subject to this plan.

    (2)   The Chief Administrative Officer may offer a 5-percent salary increase to an employee who:

      (A)   is eligible to receive continued service-connected disability benefits; and

      (B)   accepts an alternative position within the County government for which the employee is qualified.

    (3)   The employee’s salary in the alternative position must not exceed the maximum salary of the pay grade assigned to the position.

    (4)   A member of the Office, Professional and Technical Bargaining Unit or the Service, Labor and Trades Bargaining Unit who accepts an alternative placement incentive is not eligible to receive continued service connected disability benefits based on the disability for which the alternative placement was made.

    (5)   If a member applies for continued service-connected disability benefits instead of accepting an alternative placement incentive, the member’s failure to accept the incentive must not:

      (A)   be included in the information considered by the Disability Review Panel, Chief Administrative Officer, or Disability Arbitration Board;

      (B)   be considered at any time by the Disability Review Panel, Chief Administrative Officer, or Disability Arbitration Board; or

      (C)   affect the member’s eligibility for continued service-connected disability benefits or the amount of the continued service-connected disability benefits.

  (f)   The Disability Review Panel must recommend a finding of total incapacity if the member’s service-connected disability is severe enough to meet the Social Security Administration’s requirements for disability, meaning that the member is unable to engage in any substantial gainful activity because of a medically determinable physical or mental impairment that can be expected to end in death or has lasted, or can be expected to last, for a continuous period of at least 12 months.  The member does not have to qualify for Social Security disability benefits to be eligible for benefits under this subsection.

    (1)   The Panel must base its determination of whether an individual is able to engage in any substantial gainful activity on an assessment from an independent vocational expert that considers the member’s age, education, work experience, transferable skills, and residual functional capacity.

    (2)   The Panel must determine the member’s residual functional capacity and provide this information to the independent vocational expert.

    (3)   A Panel determination that the member’s service-connected disability is severe enough to be considered a disability by the Social Security Administration is not a recommendation that the member is entitled to, or should be granted, a disability benefit by the Social Security Administration.

    (4)   If a member has already been granted disability benefits by the Social Security Administration when the member applies for a service-connected disability pension, the County must give the member a total incapacity benefit if the Disability Review Panel finds that the award of disability benefits from the Social Security Administration was based primarily on the same medically determinable physical or mental impairment on which the Disability Review Panel awards the member a service-connected disability benefit.

  (g)   The Disability Review Panel must recommend a finding of partial incapacity if:

    (1)   the member meets the standards to receive a service-connected disability benefit; and

    (2)   the member is not eligible to receive a benefit for total incapacity under subsection (f).

  (h)   The County must increase the partial incapacity service-connected disability pension benefit of a member to a total incapacity benefit if:

    (1)   the Social Security Administration awards disability benefits to the member;

    (2)   the member submits all relevant information about the award of disability benefits from the Social Security Administration to the Disability Review Panel within 60 days after the member receives the award;

    (3)   the Disability Review Panel finds that the award of disability benefits from the Social Security Administration was based primarily on the same medically determinable physical or mental impairment on which the Disability Review Panel originally awarded the member a service-connected disability benefit; and

    (4)   the member applies for disability benefits with the Social Security Administration within 90 days after the Chief Administrative Officer notified the member that the service-connected disability pension benefit would be calculated as a partial incapacity.

    (5)   If a member qualifies for an increased pension benefit under subsection (h), the County must increase the member’s service-connected pension retroactively to the date when the pension began.

  (i)   Role of the Disability Review Panel.

    (1)   The Disability Review Panel must consider an application for disability benefits to determine if the applicant is eligible for disability benefits under subsection (a), (b), (c), (d), (e), (f), (g), or (h).  The Panel may consider any information or material submitted by the applicant, the certified representative, or the County. Within 60 days after the application is filed, the Panel must meet in person, by telephone conference, or by video conference, to review all evidence submitted to the Panel.  A Panel must include either 2 or 3 members.  At least 2 members must vote in favor of a decision to take any action under this Section.

    (2)   Before the Panel meets to review the application, the Panel must advise each party of the deadline date for submitting information to the Panel.  The Panel must allow a reasonable amount of time for the parties to submit additional information, and may extend the deadline at the request of the applicant for good cause shown.

    (3)   The Panel must not accept or consider information from a certified representative representing an applicant if the information is received after the established deadline date unless the information is related to:

      (A)   the applicant’s reinjury that occurred or was diagnosed after the deadline date; or

      (B)   a change in the applicant’s medical condition that occurred or was diagnosed after the deadline date.

    (4)   Within 30 days after the Panel’s last meeting to consider the application, the Panel must issue a written recommendation to the Administrator on whether the applicant qualifies for disability benefits.

    (5)   Before making its recommendation, the Panel must require the applicant to complete a medical examination, including relevant medical tests, by a medical doctor who is not a member of the Disability Review Panel, unless the Panel finds that a medical examination is unnecessary because of the nature and severity of the injury or illness. The County must pay the cost of the examination. The results of the examination must be given to the applicant or the applicant’s representative immediately after the County or the Panel receives it. The panel must issue its written recommendation within 30 days after the medical doctor reports to the Panel.

    (6)   Within 20 days after the Administrator receives the Panel’s recommendation, the Administrator must issue a final decision on whether the applicant is eligible for disability benefits under this Section.

**Sec. 33-130. Application for benefits.**

  (a)   Notice to employee. The Chief Administrative Officer must notify an employee that an application for disability benefits should be made if the employee:

    (1)   becomes ill or injured; and

    (2)   is unable to perform at an acceptable level of competence the duties and responsibilities of the position to which the employee is assigned.

  (b)   Application by Chief Administrative Officer. If the employee does not apply for disability benefits, the Chief Administrative Officer may apply on behalf of the employee.

  (c)   Protection Against Fraud. Any person who knowingly makes any false statement or falsifies or permits to be falsified any record of the disability benefits plan in an attempt to defraud the disability benefits plan is subject to punishment for a class A violation.

**Sec. 33-131. Amount of benefits.**

  (a)   Service-connected disability. The annual amount of service-connected disability payments payable for total incapacity equals 70% of the employee's final earnings, less any reductions provided in section 33-134.  The annual amount of service-connected disability payments payable for partial incapacity equals 52½% of the employee’s final earnings.

  (b)   Non-service-connected disability. The annual amount of the non-service-connected disability benefit payment equals 2 percent of the employee’s final earnings, multiplied by the number of years of credited service earned under Section 33-41 or Section 33-119.  However the benefit must be at least 33 1/3 percent of the employee’s final earnings, but no more than 60 percent of the employee’s final earnings, less any reductions provided in Section 33-134.

  (c)    Cost-of-living adjustments. The administrator must make a cost-of-living adjustment annually to the disability benefits paid to any public safety employee under this plan.  The cost of living adjustment must be equal to 60% of the annual increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington- Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics.  However, the disability cost-of-living increase must not increase the disability benefits by more than 3% each 12-month period.  A non-public safety employee must not receive a cost-of-living adjustment for any benefit paid under this plan. The cost-of-living adjustment for a disability benefit based upon a disability occurring after June 30, 2011 must not exceed 2.5 percent.

**Sec. 33-132. Time and form of payment.**

  (a)   Commencement of benefits. The administrator must begin paying initial disability benefits no earlier than the date that the employee exhausts all accrued sick and compensatory leave in excess of 80 hours.  The County Executive must develop a procedure to determine the distribution date for payment of disability benefits by Executive Regulation under method (2).

  (b)   Form of Payment. The administrator must pay all disability benefits on a monthly basis. The disability benefits must be paid to the employee directly.  All applicable federal and state income taxes must be withheld from the disability benefits paid.  To the extent that federal or state employment taxes apply, they must be withheld.

**Sec. 33-133. Termination of benefits.**

  (a)   Non-public safety employee. The administrator must terminate initial or continued disability benefits to a non-public safety employee if the employee:

    (1)   recovers from the disability, as determined by the administrator;

    (2)   does not provide the administrator with information that the administrator requires; or

    (3)   attains age 85, or a later age if required under federal law.

  (b)   Public safety employee. The administrator must terminate initial or continued disability benefits to a public safety employee if the employee:

    (1)   recovers from the disability, as determined by the administrator;

    (2)   does not provide the administrator with information that the administrator requires; or

    (3)   attains age 85, or a later age if required under federal law, if the benefit is for a non-service connected disability.

**Sec. 33-134. Reduction of benefits.**

  (a)   Reduction by payments received. Disability benefits must be reduced by any amount the employee receives from:

    (1)   any other government group income maintenance insurance coverage for the disability;

    (2)   Social Security disability benefits, including benefits payable to dependents on account of the disability;

    (3)   any government disability plan;

    (4)   the optional or integrated plan of the employees’ retirement system under Article III; and

    (5)   the retirement savings plan under this Division, or amounts the employee is entitled to receive under the retirement savings plan for a public safety employee.

  (b)   Amount of reduction. The disability benefits must be reduced by one dollar for every one dollar of other payments under subsection (a).

  If the employee receives any payment in subsection (a) as a lump sum or in periodic payments, or elects not to take a benefit available under the retirement savings plan, the amount will be converted to a life annuity for reduction of disability benefits under this Section.

  (c)   Workers' compensation benefits. If an employee receives payments under this plan for a disability that also entitles or has entitled the employee to receive workers' compensation benefits under State law, the benefits provided under this plan satisfy the County's obligations under State law to provide workers' compensation benefits.  If the benefits paid to an employee under this plan exceed the County's workers' compensation benefits required under State law, the County's obligation to pay benefits under the workers' compensation law is satisfied and any other County workers' compensation payments to the employee must stop. If the benefits paid to an employee under this plan are less than the County's workers' compensation benefits required under State law, the County's workers' compensation payments to the employee must be offset by the benefits paid to the employee under this plan.

**Sec. 33-135. Medical examination.**

  (a)   The Administrator must require any employee receiving continued disability payments to undergo annual or less frequent medical examinations, or to submit a medical doctor’s certificate verifying the continuation of the disability, unless the Administrator finds that a physical examination in a specific case is unnecessary because of the nature and severity of the injury or illness.  The Administrator must submit the findings of any medical examination to the Disability Review Panel.  The Disability Review Panel may require the employee to submit to an additional independent medical examination.  The Panel must consider the findings of the physical examination and any other information submitted by the employee or the County and recommend in writing to the Administrator whether the employee still qualifies for disability benefits. The Administrator must issue a final decision within 20 days after receiving the Panel’s recommendation.  An employee may appeal the Administrator’s decision to reduce or discontinue disability pension payments to the appropriate Disability Arbitration Board under Section 33-138.

**Sec. 33-136. Re-employment program.**

  (a)   Program established. The County Executive may establish a program for re-employment of employees who are receiving disability benefits under this plan by Executive Regulation under method (2).

  (b)   Administration. The Chief Administrative Officer must administer any re-employment program.

  (c)   Employment level. Any employment offered to an employee under a re-employment program must be commensurate with the training, education, experience, and physical and mental capabilities of the employee.

  (d)   Participation required. Unless the Chief Administrative Officer exempts an employee based on medical evidence that the employee could not successfully complete the reemployment program, an employee receiving benefits under this plan must participate in any re-employment program established under this Section.

**Sec. 33-137. Funding.**

  The Chief Administrative Officer may fund the benefits under this plan with:

  (a)   a self-funding vehicle using County general funds, subject to appropriation and employee contributions;

  (b)   disability insurance purchased with County funds, subject to appropriation and employee contributions; or

  (c)   a combination of both.

**Sec. 33-138. Appeals of decisions.**

  (a)   The applicant, or the certified representative on behalf of the applicant, may appeal the written decision of the Administrator on eligibility for disability benefits within 20 days after the applicant receives the Administrator’s decision.

  (b)   The Disability Arbitration Board must convene to consider an appeal within a reasonable time after the appeal is filed.  The appeal and judicial review proceedings are governed by Sections 3-201 through 3-234 of the Maryland Arbitration Act.

  (c)   The Disability Arbitration Board must issue the decision quickly. The Board should issue the decision within 30 days after the hearing or receiving any post-hearing brief, whichever is later.

  (d)   The County must pay all reasonable fees and expenses of the arbitrator, as determined by the Chief Administrative Officer, except that a certified representative must pay any fee resulting from the cancellation of a scheduled hearing if the certified representative:

    (1)   causes a hearing to be canceled and the application remanded to the Disability Review Panel; or

    (2)   causes a hearing to be canceled and rescheduled on a later date.

#### Division 3. Severance Pay Plan.

**Sec. 33-139. Severance pay.**

  The County or the applicable agency must pay any participant in the retirement savings plan or the guaranteed retirement income plan severance pay when the participant is separated from service by an affirmative administrative action other than dismissal for cause.  An agency may adopt this severance pay plan under an adoption agreement approved by the Chief Administrative Officer.

**Sec. 33-140. Plan administration.**

  (a)   The County Executive must establish a severance pay plan in Executive Regulations under method (2).  The plan must:

    (1)   prohibit severance pay for an employee who admits to or is found to have violated the Ethics Law in the 12 months prior to separation from County employment; and

    (2)   qualify as a severance pay plan under Section 457 of the Internal Revenue Code.

  (b)   The Chief Administrative Officer must administer the severance pay plan.  Any employee denied severance pay due under this Section may appeal to the Merit System Protection Board.  The Merit System Protection Board may overturn a denial of severance pay only if the denial was arbitrary and capricious.

  “Sec. 3.  Transition.

  (a)    The initial plan year for the retirement savings plan is from October 1, 1994 to December 31, 1994.

  (b)    The Chief Administrative Officer’s first annual report on the status of the retirement savings plan under Section 33-122(h) must be submitted by March 1, 1995.''

### Article IX. Deferred Compensation Plan.

**Sec. 33-141. Definitions.**

  In this Article, the following words and phrases have the following meanings:

  (a)   Board or Board of Investment Trustees means the Board of Investment Trustees established under Article III.

  (b)   Collectively Bargained Plan means a plan established under Section 33-146B.

  (c)   County means the Montgomery County Government, and when applicable, any participating agency.

  (d)   Employee means any eligible elected or appointed County official and any full-time or career part-time County employee.

  (e)   Deferred compensation plan or plan means the Deferred Compensation Plan of Montgomery County, Maryland.

  (f)   Participant means an employee who is participating in the plan.

  (g)   Trust means the trust established to hold all assets and income of the plan for the benefit of plan participants and their beneficiaries.

**Sec. 33-142. Establishment; participation.**

  (a)   Establishment. The Deferred Compensation Plan is established under Section 457(b) of the Internal Revenue Code.

  (b)   Plan document. The terms of the plan must be contained in a plan document. The Chief Administrative Officer may amend the plan document at any time after consulting the Board.

  (c)   Participation. Any employee may participate in the plan.

  (d)   Participating agencies.

    (1)   Any agency that participates in the Employees' Retirement System under Article III or the Retirement Savings Plan under Article VIII may also participate in the deferred compensation plan.

    (2)   A participating agency must:

      (A)   execute an adoption agreement in a form satisfactory to the Chief Administrative Officer; and

      (B)   submit any information and execute any form or document that the Chief Administrative Officer deems prudent for purposes of maintaining the status of the deferred compensation plan as an eligible deferred compensation plan under the Internal Revenue Code.

    (3)   The Chief Administrative Officer may treat a participating agency as having withdrawn from the deferred compensation plan if the participating agency does not:

      (A)   submit information or execute documents necessary to administer and maintain the plan as requested by the Chief Administrative Officer;

      (B)   qualify as a governmental entity; or

      (C)   adhere to the terms of the plan.

    (4)   No liability will accrue to the County Government by the inclusion of participating agency employees in the plan. Each participating agency must be fully responsible for the cost of coverage for its employees and any necessary costs for administrative services or investment services provided.

**Sec. 33-143. Powers and duties of the chief administrative officer.**

  (a)   Administration. Except for the powers reserved to the Board, the Chief Administrative Officer must take all actions and make all decisions to administer the deferred compensation plan, including:

    (1)   deciding the eligibility of any employee or person employed by an agency and the rights of any participant or beneficiary to receive benefits;

    (2)   computing the amount of benefits payable to any participant or beneficiary;

    (3)   authorizing benefits, including the determination of hardship withdrawal requests;

    (4)   keeping records;

    (5)   consulting with the Board regarding the selection of a recordkeeper for the plan;

    (6)   determining the source of funding, under other laws and consistent with appropriations, for payment of expenses to administer the plan;

    (7)   incurring and paying expenses to administer the plan;

    (8)   preparing and filing reports required by law;

    (9)   providing to each participant, former participant, or designated beneficiary eligible to receive benefits under the plan a report of the person’s account at least quarterly;

    (10)   transferring deferred amounts to the trust within a reasonable period of time and in a reasonable manner to be determined after consulting the Board; and

    (11)   delegating any power or duty under this Section.

  (b)   Procurement. Chapter 11B does not apply to the procurement of goods and services for the deferred compensation plan by the Chief Administrative Officer.

  (c)   Interpretation. The Chief Administrative Officer must decide questions arising under the plan and this Article. Any participant, former participant, or designated beneficiary eligible to receive benefits from the deferred compensation plan may make a written request for a decision on questions arising under the plan and this Article. The Chief Administrative Officer must decide the question and respond in writing to the request:

    (1)   within 60 days; or

    (2)   within 150 days if the written consent of the person requesting the decision is obtained within 60 days.

A decision by the Chief Administrative Officer is final and binding on all interested parties and may not be appealed.

**Sec. 33-144. Trust fund.**

  (a)   Establishment of trust. A trust is established as part of the deferred compensation plan for the benefit of participants in the plan.

  (b)   Trust fund. All of the money and property, all investments made with that money and property, and all earnings, profits, increments, and other additions, less payments previously made by the Board are the deferred compensation plan trust fund.

  (c)   Trust fund management and legal title. The Board is responsible for managing the trust fund according to this Article. The Board has legal title to all cash and other property of the deferred compensation plan, but may transfer some incidents of ownership to the Board’s agents as provided in this Article.

  (d)   Exclusive benefit. The deferred compensation plan trust fund must be held for the exclusive benefit of participants and their beneficiaries, and used only to provide benefits and defray the reasonable expenses of administering the plan. Trust fund assets must not revert to the County, unless allowed under Section 457 of the Internal Revenue Code.

**Sec. 33-145. Powers and duties of the board.**

  (a)   General.

    (1)   The Board has the exclusive authority to manage the assets of the deferred compensation plan. All powers and duties required for the management of the plan trust fund are vested in the Board of Investment Trustees.

    (2)   Sections 33-61A (Indemnification of trustees), 33-61C (Standard of care), and 33-61D (Ethics and conflict of interest) apply to the Board’s responsibilities under the deferred compensation plan.

    (3)   Chapter 11B does not apply to the procurement of goods and services for the deferred compensation plan by the Board.

  (b)   Duties. The Board must:

    (1)   develop record keeping procedures to maintain and report on participant account balances;

    (2)   designate appropriate investment options to be offered to participants;

    (3)   designate a method of accounting for investments;

    (4)   designate methods of making distributions of participant account balances;

    (5)   make distributions to participants, former participants, or their designated beneficiaries after the Chief Administrative Officer authorizes the benefits; and

    (6)   incur and pay expenses to carry out the Board's responsibilities under the plan.

  (c)   Agents for transfer of property.

    (1)   The Board may register any assets in its own name or in the name of a nominee. The Board may hold any assets in bearer form. The Board or its agent must keep records that show that the investments are part of the trust fund.

    (2)   The Board may form a partnership under State law to hold or transfer assets as the nominee of the Board.

    (3)   The Board may designate in writing a trustee or trustees to hold or transfer assets as a nominee of the Board.

    (4)   The Board must provide that trustees or a partnership that the Board designates must act only as agents of the Board. The Board may set other conditions that the Board considers prudent.

    (5)   The trustees or a partnership that the Board designates may retain the services of a bank or other financial institution to conduct required business.

  (d)    Authorized investments.

    (1)   The Board must invest each participant's account in one or more of the Board-designated investment options in the manner directed by the participant.

    (2)   The Board may select or remove any investment options for the deferred compensation plan that the Board finds prudent under the policies set by the Board.

    (3)   If an investment through any combined, common, or commingled trust fund exists, the declaration of trust of that fund is a part of the deferred compensation plan trust.

  (e)    Trustee powers. Except as otherwise provided in this Article, the Board may:

    (1)   with any cash, purchase or subscribe for any investment, at a premium or discount, and retain the investment;

    (2)   sell, exchange, convey, transfer, lease for any period, pledge, mortgage, grant options, contract with respect to, or otherwise encumber or dispose, at public or private sale, for cash or credit or both, any part of the deferred compensation plan;

    (3)   subject to Section 33-61A(h)(2), sue, defend, compromise, arbitrate, compound and settle any debt, obligation, claim, suit, or legal proceeding involving the deferred compensation plan, and reduce the rate of interest on, extent or otherwise modify, foreclose upon default or otherwise enforce any debt, obligation, or claim;

    (4)   retain uninvested a part of the deferred compensation plan trust assets in preparation for initial investment of deferred compensation amounts or for the payment of distributions;

    (5)   exercise any option on any investment for conversion into another investment, exercise any rights to subscribe for additional investments, and make all necessary payments;

    (6)   join in, consent to, dissent from, oppose, or deposit in connection with the reorganization, recapitalization, consolidation, sale, merger, foreclosure, or readjustment of the finances of any corporation or property in which the assets of the deferred compensation plan are invested, or the sale, mortgage, pledge or lease of that property or the property of any such corporation upon such terms and conditions that the Board considers prudent; exercise any options, make any agreements or subscriptions, pay any expenses, assessments, or subscriptions, and take any other action in connection with these transactions that the Board considers prudent; and accept and hold any investment that may be issued in or as a result of any such proceeding;

    (7)   vote, in person or by any proxy, at any election of any corporation in whose stock the assets of the deferred compensation plan are invested, and exercise, personally or by any power of attorney, any right appurtenant to any investment held in the deferred compensation plan; and give general or specific proxies or powers of attorney with or without power of substitution;

    (8)   sell at a public or private sale, enter into an option to sell, mortgage, lease, partition, or exchange any real property at prices and for terms that the Board considers prudent. The Board may execute and deliver deeds of conveyance and all assignments, transfers, and other legal instruments for passing the ownership to the purchaser, free and discharge of all liens;

    (9)   renew or extend any mortgage, upon such terms that the Board considers prudent, and increase or reduce the rate of interest on any mortgage or modify the terms of any mortgage or of any guarantee as the Board considers prudent to protect the deferred compensation plan or preserve the value of the investment; waive any default or enforce any default in a manner that the Board considers prudent; exercise and enforce any right of foreclosure, bid on property in foreclosure, take a deed in lieu of foreclosure with or without paying a consideration, and release the obligation on the bond secured by the mortgage; and exercise and enforce in any action, suit or proceeding at law or in equity any rights or remedies in respect to any mortgages or guarantee;

    (10)   incur and pay expenses for agents, financial advisors, actuaries, accountants and counsel, if those expenses are incurred solely to perform the Board's duties under the deferred compensation plan;

    (11)   borrow, raise or lend moneys, for the purpose of the deferred compensation plan, in such amounts and upon such terms and conditions as the Board in its discretion considers prudent; for any money borrowed, issue a promissory note and secure the repayment of this note by pledging or mortgaging all or any part of the deferred compensation plan;

    (12)   hold, buy, transfer, surrender, and exercise all other incidents of ownership of any annuity contract;

    (13)   if payments to a participant or beneficiary are to be made in the form of an annuity based on one or more lives or life expectancies, buy from any legal reserve life insurance company a single premium, nontransferable annuity contract providing for the payment of the benefits;

    (14)   pool all or any of the assets of the deferred compensation plan trust with assets belonging to any other retirement plan trust or retiree health benefit trust created by the County, including any subtrust thereof. The Board may commingle the assets and make joint or common investments and carry joint accounts on behalf of the deferred compensation plan trust and one or more other trusts, or subtrusts, allocating undivided shares or interests in the investments or accounts, or in any pooled assets, to the trusts or subtrusts, according to the trusts’ respective interests. Any such trusts or subtrusts may be unitized for investment purposes. The Board may, subject to its fiduciary duties, offer units of such pooled trust or subtrust as an investment option. Consistent with its investment authority in this Article, the Board, or its delegate, also may buy or sell any assets or undivided interests in any trust where the assets of the deferred compensation plan trust are pooled at the prices or valuations that the Board or its delegate may determine in reasonable good faith. For the avoidance of doubt, the Board must determine that it is consistent with its fiduciary duties to participate in a pooled investment that permits the purchase or sale of its units as an investment option under another retirement plan or retiree health benefit trust created by the County; and

    (15)   do all acts that the Board considers necessary and exercise the powers of this Article to manage the deferred compensation plan trust. The Board may  exercise all powers to manage the assets that an individual could exercise to manage property owned by the individual, except for making an individual investment selection.

  (f)   Prohibited transactions.  The Board must not engage in any direct or indirect transaction between the trust and the County, or any entity controlled by the County, that would violate the prudent person rule (Section 33-61C) or result in the diversion of trust income or corpus in violation of the exclusive benefit rule (Section 33-144(d)). For avoidance of doubt, such a transaction does not include a transfer conducted on the terms described in Section 33-170(i) between employee benefit plan trusts or a subtrust.

  (g)   The Board must monitor the performance of each investment option.  Monitoring may include any tests or analyses that the Board finds prudent.

  (h)   Payments.  The Board must pay all benefits and expenses of the deferred compensation plan as directed by the Chief Administrative Officer.  The Board may pay expenses incurred under paragraph (e)(10) without direction by the CAO.

  (i)   Benefit recipients.  The Board may rely on the decision of the Chief Administrative Officer to identify the proper recipient of benefit payments.

  (j)   Delegation of duties. The Board may delegate its duties to the Executive Director or a similarly situated County employee as it deems appropriate and consistent with its fiduciary duties in a written policy and procedure.  If the Board has prudently delegated its duties and monitored the delegation, the trustees must not be liable for an act or omission made by its delegate.

**Sec. 33-146. Amendment and termination.**

  (a)   Right to amend. The County reserves the right to amend the deferred compensation plan at any time for any reason.

  (b)   Qualification amendments. The deferred compensation plan and any related trust agreement, investment advisory agreement, custodial agreement, annuity contract, or similar agreement may be amended at any time, either prospectively or retroactively, to conform to the Internal Revenue Code.

  (c)   Termination of the deferred compensation plan. The County has established the deferred compensation plan expecting to continue the plan indefinitely, but the County may terminate the plan. Any transfer of assets resulting from the termination must comply with the Internal Revenue Code.

  (d)   Termination of participation by a participating agency. If a participating agency decides to stop participating in the deferred compensation plan, the agency must notify the Chief Administrative Officer in writing. The Chief Administrative Officer and the agency must agree on a date for ending the agency’s participation. Any transfer of assets resulting from the termination must comply with the Internal Revenue Code.

**Sec. 33-146A. Miscellaneous.**

  (a)   Exemption from execution, garnishment, or attachment. The right of a participant in that participant’s account balances or any other right or benefit under this Article are not subject to execution, garnishment, attachment, or any other process, and are not assignable, except under an order that qualifies as a domestic relations order under the Internal Revenue Code and meets plan requirements. The Chief Administrative Officer must establish procedures to determine whether the domestic relations order is qualified and must determine the manner and timing of distributions required under the order.

  (b)   Protection against fraud. A person must not knowingly make a false statement or falsify or allow another to falsify a record of the deferred compensation plan to defraud the plan. A violation of this subsection is a class A violation.

  (c)   Error in records, repayment, and waiver.

    (1)   If a change or error in the records results in any participant or beneficiary receiving from the deferred compensation plan more or less than the participant or beneficiary is entitled to receive, the error must be corrected. The payment must be adjusted to pay the correct amount. The Chief Administrative Officer must establish by regulation under method (1) reasonable procedures to correct an error, consistent with plan requirements.

    (2)   The plan must pay the participant or beneficiary for any underpayment. Except as provided in paragraph (3), a participant or beneficiary who receives excess payments must repay the plan.

    (3)   The Chief Administrative Officer must establish by regulation under method (1) procedures to waive repayment by a participant or beneficiary who the Chief Administrative Officer determines is without fault when repayment would be against equity and good conscience. The procedure must require the participant or beneficiary to apply for a waiver within 30 days after receiving actual notice of the overpayment and demand for repayment. The notice must inform the recipient about the waiver procedure. The Chief Administrative Officer must waive repayment of an overpayment that the plan made more than 3 years before notifying the participant or beneficiary about the overpayment. If the Chief Administrative Officer waives repayment, the CAO must repay the plan for the overpayment from a source that does not reduce the assets held in trust for other participants and beneficiaries.

  (d)   Payment of expenses. The County may contribute to the trust to cover operating expenses of the deferred compensation plan. The Board must pay operating expenses of the plan from plan assets or from County assets, as directed by the Chief Administrative Officer. A participating agency must pay the agency’s share of the operating expenses attributable to the participation of the agency’s employees.

**Sec. 33-146B. Collectively Bargained Plans.**

  The County may establish and maintain one or more additional deferred compensation plans for employees covered by a collective bargaining agreement.  In the case of any collectively bargained plan:

  (a)   The certified representative must assume the duties and responsibilities of the Board, except for the requirements of Section 33-61(a), and the certified representative must assume the duties and responsibilities of the Chief Administrative Officer and the County under this Article.

  (b)   The Board, Chief Administrative Officer, and County have no fiduciary or other responsibility for a collectively bargained plan except as required by federal law, including any regulation, ruling, or other guidance issued under that law.

  (c)   The certified representative must indemnify the County and provide fiduciary liability insurance protecting itself and the County in an amount agreed to by the County and certified representative through collective bargaining.

  (d)   The officers of the certified representative who have direct responsibility for plan administration, and the trustees of any trust established under this Section, must:

    (1)   provide financial disclosure to the participants of the plan in a form and manner at least as stringent as that required of the Board; and

    (2)   establish and conform to a code of ethical conduct, approved by participants in the plan, at least as stringent as that required of the Board.

  (e)   The collectively bargained plan, and its separate trust, custodial account or annuity contract, must meet, in form and operation, all applicable requirements of the Internal Revenue Code and any regulation, ruling, or other guidance issued under that law.

  (f)   Any trustee or fiduciary of a collectively bargained plan must not accept any direct or indirect compensation from any person who does business with that plan.

**Sec. 33-146C. Independent audit.**

  To comply with Section 315 of the County Charter, a firm of certified public accountants, under contract with the Council, must complete an annual independent audit of the County Plan and each Collectively Bargained Plan established and maintained by the County.  The complete audit must be filed with the Council, and copies made available for public inspection.

### Article X. Fire and Rescue Collective Bargaining.

**Sec. 33-147. Declaration of policy.**

  The public policy of Montgomery County is to promote a harmonious, peaceful, and cooperative relationship between the County government and its fire and rescue employees and to protect the public by assuring, at all times, the responsive, orderly, and efficient operation of the Department of Fire and Rescue Services. Since unresolved disputes in the fire and rescue service harm the public and fire and rescue employees, adequate means should be available to prevent disputes and resolve them when they occur. To that end, it is in the public interest that fire and rescue employees have the opportunity to bargain collectively over wages, hours, and other terms and conditions of employment, as authorized by Charter Section 510A, through a representative of their choice, or to refrain from collective bargaining. It is also in the public interest that the County government and a representative of fire and rescue employees bargain collectively in good faith without interference with the orderly process of government, and that they implement any agreement reached through collective bargaining.

  Fire and rescue employee organizations and the County government each possess substantial means for initiating actions on wages, hours, and working conditions of employees. Therefore, in order to preserve an appropriate balance between labor and management in the fire and rescue service, once the employees voluntarily select a representative collective bargaining must be used in place of, and not in addition to, existing means to initiate government action on subjects that are appropriate for collective bargaining under this Article.

**Sec. 33-148. Definitions.**

  The following terms have the meaning indicated when used in this Article:

  (1)   Agency shop means a provision in a collective bargaining agreement requiring, as a condition of continued employment, that bargaining unit employees pay a service fee not greater than the monthly membership dues uniformly and regularly required by the employee organization of all of its members. An agency shop agreement must not require an employee to pay initiation fees, assessments, fines, or any similar collections as a condition of continued employment. A collective bargaining agreement must not require payment of a service fee by any employee who opposes joining or financially supporting an employee organization on religious grounds. However, the collective bargaining agreement may require that employee to pay an amount equal to the service fee to a nonreligious, nonunion charity, or to any other charitable organization, agreed to by the employee and the certified representative, with provision for dispute resolution if there is not agreement, and to give to the employer and the certified representative written proof of this payment. The certified representative must adhere at all times to all federal constitutional requirements in its administration of any agency shop system maintained by it.

  (2)   Certified representative means an employee organization chosen to represent the unit as the exclusive bargaining agent under this Article or Article VII.

  (3)   Collective bargaining means meeting at reasonable times and places and negotiating in good faith on appropriate subjects as defined under this Article. This Article does not compel either party to agree to a proposal or make a concession.

  (4)   Employee means a fire and rescue employee in the classification of Fire/Rescue Captain, Fire/Rescue Lieutenant, Master Firefighter/Rescuer, Firefighter/Rescuer III, Firefighter/Rescuer II, and Firefighter/Rescuer I, but not:

    (A)   an employee in a probationary status;

    (B)   an employee in the classification of District Chief or an equivalent or higher classification; or

    (C)   a Fire/Rescue Lieutenant or Captain whose primary assignment is in:

      (i)   budget;

      (ii)   internal affairs;

      (iii)   labor relations;

      (iv)   human resources;

      (v)   public information; or

      (vi)   quality assurance.

  (5)   Employee organization means any organization that admits employees to membership and that has as a primary purpose the representation of employees in collective bargaining.

  (6)   Employer means the County Executive and the Executive's designee.

  (7)   Lockout means any action that the employer takes to interrupt or prevent the continuity of work properly and usually performed by the employees for the purpose and with the intent of either coercing the employees into relinquishing rights guaranteed by this Article or of bringing economic pressure on employees for the purpose of securing the agreement of their certified representative to certain collective bargaining terms.

  (8)   Mediation means an effort by an impasse neutral chosen under this Article to assist confidentially in resolving, through interpretation, suggestion, and advice, a dispute arising out of collective bargaining between the employer and the certified representative.

  (9)   Strike means a concerted failure to report for duty, absence, stoppage of work, or abstinence in whole or in part from the full and faithful performance of the duties of employment with the employer, or deviation from normal or proper work duties or activities, where any of these acts are done in a concerted manner for the purpose of inducing, influencing, or coercing the employer in the determination, implementation, interpretation, or administration of terms or conditions of employment or of the rights, privileges, or obligations of employment or of the status, recognition, or authority of the employee or an employee organization.

  (10)   Unit means all employees, as defined in this section, who are associated with fire suppression, fire protection, fire communications, fire service training, rescue, and emergency medical services, and whose duties include the rescue and safety of individuals and the preservation of structures and physical property.

**Sec. 33-149. Labor Relations Administrator.**

  (a)   A Labor Relations Administrator must be appointed to effectively administer this Article as it governs selection, certification and decertification procedures and prohibited practices. The Administrator must:

    (1)   periodically adopt, amend, and repeal, under method (1), regulations and procedures to carry out the Administrator's duties under this Article;

    (2)   request from the employer or employee organization, and the employer or employee organization may at its discretion provide, any relevant assistance, service, and data that will enable the Administrator to properly carry out duties under this Article;

    (3)   hold hearings and make inquiries, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, and compel by issuance of subpoenas the attendance of witnesses and the production of relevant documents;

    (4)   conduct elections to certify or decertify an employee organization under this Article, and issue the certification or decertification;

    (5)   investigate and attempt to resolve or settle, as provided in this Article, charges of engaging in prohibited practices, but the Administrator must defer to the parties' grievance procedure if:

      (A)   the employer and the certified representative have negotiated a valid grievance procedure to resolve disputes, and

      (B)   deferral to the grievance procedure would not result in the application of principles repugnant to this Article;

    (6)   determine whether a person is properly included in or excluded from the unit;

    (7)   obtain any necessary support services and make necessary expenditures in the performance of duties to the extent the County has appropriated funds for these purposes; and

    (8)   exercise any other powers and perform any other duties and functions specified in this Article.

  (b)   The Administrator must be a person with experience as a neutral in labor relations, and must not be a person who, because of vocation, employment, or affiliation, can be categorized as a representative of the interest of the employer or any employee organization.

  (c)   The County Executive must appoint the Administrator, subject to confirmation by the County Council, from a list of 5 nominees agreed on by the certified representative and the Chief Administrative Officer.  If there is no certified representative, the Executive must appoint an Administrator, subject to confirmation by the Council. If the Council does not confirm an appointment, the Executive must appoint another person from a new agreed list of 5 nominees and submit that appointee to the Council for confirmation. The Administrator serves a term of 5 years. An incumbent Administrator is automatically reappointed for another 5-year term, subject to Council confirmation, unless, during the period between 60 and 30 days before the term expires, the certified representative notifies the Chief Administrative Officer or the employer notifies the certified representative that either objects to the reappointment.

  (d)   If the Administrator dies, resigns, becomes disabled, or otherwise becomes unable or ineligible to continue to serve, the Executive must appoint a new Administrator, subject to Council confirmation, to serve the remainder of the previous Administrator's term.  The Administrator appointed under this subsection may be reappointed as provided in subjection (c).

  (e)   The Administrator must be paid a daily fee as specified in a contract with the County, and must be reimbursed for necessary expenses incurred in performing the duties of Administrator.

**Sec. 33-150. Employee rights.**

  (a)   Employees have the right to:

    (1)   form, join, support, contribute to, or participate in, or refrain from forming, joining, supporting, contributing to, or participating in, any employee organization or its lawful activities; and

    (2)   be represented fairly by their certified representative, if any.

  (b)   The employer must extend to the certified representative the exclusive right to represent the employees for the purposes of collective bargaining, including the orderly processing and settlement of grievances as agreed by the parties under this Article.

  (c)   Except as provided in subsections (e) and (f), a certified representative serves as the exclusive bargaining agent for all employees in the unit and must represent fairly and without discrimination all employees in the unit without regard to whether the employees are members of the employee organization, pay dues or other contributions to it, or participate in its affairs.

  (d)   The right of a certified representative to receive voluntary dues or service fee deductions must be determined through negotiations, unless the authority to negotiate these provisions has been suspended under this Article. A collective bargaining agreement must not require membership in, participation in the affairs of, or contributions to an employee organization.

  (e)   A certified representative may require an employee who does not pay membership dues or equivalent fees to pay:

    (1)   the reasonable costs and fees, including expenses for staff time and materials, arbitrator fees, and related attorney’s fees, for filing a grievance or arbitrating a matter that arises under a collective bargaining agreement brought by the certified representative at the request of the employee; and

    (2)   any anticipated proportional costs and fees before a grievance is filed or arbitration is pursued.

  (f)   If an employee fails to pay the reasonable costs to file a grievance or pursue arbitration imposed under subsection (e), the certified representative may refuse to file the grievance or pursue arbitration on behalf of the employee. A dispute concerning the reasonableness of the fees imposed by the certified representative under subsection (e) may be submitted to the labor relations administrator as a prohibited practice under Section 33-154.

**Sec. 33-151. Selection, certification, and decertification procedures.**

  (a)   Any employee organization seeking certification as representative of the unit must file a petition with the Labor Relations Administrator stating its name, address, and its desire to be certified. The employee organization must also send a copy of the petition, including a copy of the signatures of the supporting employees on the petition, to the employer. The petition must contain the uncoerced signatures of 30 percent of the employees in the unit, signifying the employees' desire to be represented by the employee organization for purposes of collective bargaining.

  (b)   If an employee organization has been certified, an employee in the unit may file a petition with the Administrator to decertify the certified representative. The employee must also send a copy of the petition to the employer and the certified representative, not including the names of the supporting employees. The petition must contain the uncoerced signatures of 30 percent of the employees in the unit, alleging that the certified employee organization is no longer the choice of the majority of the employees in the unit.

  (c)   If a lawful collective bargaining agreement is not in effect, a petition may be filed under this section in September of any year, but not sooner than 22 months after an election held under this section.

  (d)   If a lawful collective bargaining agreement is in effect, a petition filed under this section must not be entertained unless it is filed during September of the final year of the agreement.

  (e)   If the Administrator finds that a petition is properly supported and timely filed, the Administrator must hold an election of all eligible employees within a reasonable time, but no later than the next October 20, to determine if and by whom the employees wish to be represented.

    (1)   The election must be supervised by the Administrator and must be conducted by secret ballot at the time and place that the Administrator directs. The Administrator may retain the services of a State agency responsible for conducting labor elections, or a similarly neutral body, to assist in conducting the election.

    (2)   The election ballots must contain, as choices to be made by the voter, the name of each petitioning or certified employee organization, the name of any other employee organization showing written proof at least 10 days before the election of at least 10 percent representation of the employees in the unit in the same manner as described in paragraph (a), and a choice that the employee does not desire to be represented by any of the named employee organizations.

    (3)   The employer and each party to the election may be represented by observers selected under conditions that the Administrator prescribes.

    (4)   Observers selected under paragraph (3) may challenge for good cause the eligibility of any person to vote in the election. All challenged ballots must be impounded until either the parties agree on the validity of each challenge or the Administrator decides the validity of each challenge. However, if the number of challenges will not determine the outcome of the election, the challenged ballots must be destroyed.

    (5)   After the polls have been closed, the Administrator must count all valid ballots cast in the presence of the observers.

    (6)   The Administrator must immediately prepare and serve on the employer and each party a report certifying the results of the election. If an employee organization receives the votes of a majority of the employees who voted, the Administrator must certify that organization as the exclusive agent.

    (7)   If no employee organization receives the votes of a majority of the employees who voted, the Administrator must not certify a representative. Unless a majority of the employees who vote choose "no representative," a runoff election must be conducted. The runoff election must contain the 2 choices that received the largest and second largest number of votes in the original election.

  (f)   The Administrator's certification of results is final unless, within 7 days after service of the report and the certification, any party serves on all other parties and files with the Administrator objections to the election. All objections must be verified and contain a concise statement of facts constituting the grounds for each objection. The Administrator must investigate all objections and, if substantial factual issues exist, must hold a hearing. Otherwise, the Administrator may decide the matter without a hearing. The Administrator may invite, either by rule or by invitation, written or oral argument to assist in deciding the merits of the objections. If the Administrator finds that the election was conducted in substantial conformity with this Article, the Administrator must confirm the certification initially issued. If the Administrator finds that the election was not held in substantial conformity with this Article, then the Administrator must hold another election under this section.

  (g)   The County must pay the cost of conducting each election.

**Sec. 33-152. Collective bargaining.**

  (a)   Duty to bargain; matters subject to bargaining. When an employee organization is certified, the employer and the certified representative must bargain collectively with respect to:

    (1)   salary and wages, including the percentage of the increase in the salary and wages budget that is devoted to merit increments and cash awards, but salaries and wages must be uniform for all employees in the same classification;

    (2)   pension and other retirement benefits for active employees only;

    (3)   employee benefits such as, but not limited to, insurance, leave, holidays, and vacations;

    (4)   hours and working conditions;

    (5)   procedures for the orderly processing and settlement of grievances concerning the interpretation and implementation of any collective bargaining agreement, which may include:

      (A)   binding third party arbitration, but the arbitrator has no authority to amend, add to, or subtract from any provision of the collective bargaining agreement; and

      (B)   provisions for exclusivity of forum;

    (6)   matters affecting the health and safety of employees; and

    (7)   amelioration of the effect on employees when the exercise of employer rights listed in subsection (b) causes a loss of existing jobs in the unit.

  (b)   Employer rights. This Article and any collective bargaining agreement made under it must not impair the right and responsibility of the employer to:

    (1)   determine the overall budget and mission of the employer and any agency of County government;

    (2)   maintain and improve the efficiency and effectiveness of operations;

    (3)   determine the services to be rendered and the operations to be performed;

    (4)   determine the overall organizational structure, methods, processes, means, job classifications, and personnel by which operations are conducted, and the location of facilities;

    (5)   direct and supervise employees;

    (6)   hire, select, and establish the standards governing promotion of employees, and classify positions;

    (7)   relieve employees from duties because of lack of work or funds, or when the employer determines continued work would be inefficient or nonproductive;

    (8)   take actions to carry out the mission of government in emergency situations;

    (9)   transfer, assign, and schedule employees;

    (10)   determine the size, grades, and composition of the work force;

    (11)   set standards of productivity and technology;

    (12)   establish employee performance standards and evaluate employees, but evaluation procedures are subject to bargaining;

    (13)   make and implement systems for awarding outstanding service increments, extraordinary performance awards, and other merit awards;

    (14)   introduce new or improved technology, research, development, and services;

    (15)   control and regulate the use of machinery, equipment, and other property and facilities of the employer, subject to subsection (a)(6);

    (16)   maintain internal security standards;

    (17)   create, alter, combine, contract out, or abolish any job classification, department, operation, unit, or other division or service, but the employer must not contract work which will displace employees unless it gives written notice to the certified representative 90 days before signing the contract or other notice agreed by the parties;

    (18)   suspend, discharge, or otherwise discipline employees for cause, except that, subject to Charter Section 404, any such action may be subject to a grievance procedure included in a collective bargaining agreement; and

    (19)   issue and enforce rules, policies, and regulations necessary to carry out these and all other managerial functions which are not inconsistent with this Article, federal or State law, or the terms of a collective bargaining agreement.

  (c)   Exemption. This Article does not limit the discretion of the employer voluntarily to discuss with the representatives of its employees any matter concerning the employer's exercise of any right specified in this section. However, any matter so discussed is not subject to bargaining.

  (d)   The public employer rights specified in this section must be incorporated by reference in every agreement reached between the employer and the employee organization.

**Sec. 33-153. Bargaining, impasse, and legislative procedures.**

  (a)   Collective bargaining must begin no later than the November 1 before the beginning of a fiscal year for which there is no agreement between the employer and the certified representative, and must be completed on or before January 15. The resolution of a bargaining impasse must be completed by February 1. These time limits may be waived or extended by written agreement of the parties.

  (b)   Any provision for automatic renewal or extension of a collective bargaining agreement is void. An agreement is void if it extends for less than 1 year or more than 3 years. Each collective bargaining agreement must take effect July 1 and end June 30.

  (c)   A collective bargaining agreement takes effect only after ratification by the employer and the certified representative. The certified representative may adopt its own ratification procedures.

  (d)   Before September 10 of any year in which the employer and the certified representative bargain collectively, they must choose an impasse neutral, either by agreement or through the processes of the American Arbitration Association. The impasse neutral must be available from January 15 to February 1. The impasse neutral's fees and expenses must be shared equally by the employer and the certified representative.

  (e)   During the course of collective bargaining, either party may declare an impasse and request the services of the impasse neutral, or the parties may jointly request those services before declaring an impasse. If the parties have not agreed on a collective bargaining agreement by January 15, an impasse exists by operation of law.

  (f)   When an impasse is reached, the parties must submit the dispute to the impasse neutral. The impasse neutral must attempt mediation by bringing the parties together voluntarily under conditions that will tend to bring about a settlement of the dispute.

  (g)   If the impasse neutral, in the impasse neutral's sole discretion, finds that the parties are at a bona fide impasse, the impasse neutral must require the parties to jointly submit all items previously agreed on, and each party to submit a final offer consisting of proposals not agreed upon. Neither party may change any proposal after it is submitted to the impasse neutral as a final offer, except to withdraw a proposal on which the parties have agreed.

  (h)   The impasse neutral may require the parties to submit evidence or present oral or written arguments in support of their proposals. The impasse neutral may hold a hearing at a time, date, and place selected by the impasse neutral. The hearing must not be open to the public.

  (i)    On or before February 1, unless that date is extended by written agreement of the parties, the impasse neutral must select the final offer that, as a whole, the impasse neutral judges to be the more reasonable.

    (1)   In determining which final offer is the more reasonable, the impasse neutral must first evaluate and give the highest priority to the ability of the County to pay for additional short-term and long-term expenditures by considering:

      (A)   the limits on the County’s ability to raise taxes under State law and the County Charter;

      (B)   the added burden on County taxpayers, if any, resulting from increases in revenues needed to fund a final offer; and

      (C)   the County’s ability to continue to provide the current standard of all public services.

    (2)   After evaluating the ability of the County to pay under paragraph (1), the impasse neutral may only consider:

      (A)   the interest and welfare of County taxpayers and service recipients;

      (B)   past collective bargaining agreements between the parties, including the past bargaining history that led to each agreement;

      (C)   wages, hours, benefits and conditions of employment of similar employees of other public employers in the Washington Metropolitan Area and in Maryland;

      (D)   wages, hours, benefits, and conditions of employment of other Montgomery County employees; and

      (E)   wages, benefits, hours, and other working conditions of similar employees of private employers in Montgomery County.

  (j)   The impasse neutral must base the selection of the most reasonable offer on the contents of the offer and the integration of any previously agreed-on items with the disputed items. In making a decision, the impasse neutral must not consider or receive any evidence or argument concerning offers of settlement not contained in the offers submitted to the impasse neutral, or any other information concerning the collective bargaining leading to impasse. The impasse neutral must neither compromise nor alter the final offer that he or she selects.

  (k)    The final offer selected by the impasse neutral, integrated with any items previously agreed on, is the final agreement between the parties, need not be ratified by any party, and has the force and effect of an agreement voluntarily entered into and ratified under subsection (c). The parties must execute that agreement.

  (l)   In each proposed annual operating budget, the County Executive must describe any collective bargaining agreement or amendment to an agreement that is scheduled to take effect in the next fiscal year and estimate the cost of implementing that agreement.  The annual operating budget must include sufficient funds to pay for the items in the parties' final agreement. The employer must expressly identify to the Council by April 1, unless extenuating circumstances require a later date, all terms and conditions in the agreement that:

    (1)   require an appropriation of funds, or

    (2)   are inconsistent with any County law or regulation, or

    (3)   require the enactment or adoption of any County law or regulation, or

    (4)   which have or may have a present or future fiscal impact.

    If a later submission is necessary, the employer must specify the submission date and the reasons for delay to the Council President by April 1.  The employer must make a good faith effort to have the Council take action to implement all terms and conditions in the parties' final agreement.

  (m)   Each agreement submitted to the Council must include:

    (1)   all proposed legislation and regulations necessary to implement the agreement;

    (2)   all changes from the previous collective bargaining agreement, indicated by brackets and underlines or a similar notation system; and

    (3)   all side letters or other extraneous documents that are binding on the parties.

  (n)    The Council may hold a public hearing to enable the parties and the public to testify on the agreement.

  (o)    The Council may accept or reject all or part of any term or condition in the agreement which:

    (1)   requires an appropriation of funds, or

    (2)   is inconsistent with any County law or regulation, or

    (3)   requires the enactment or adoption of any County law or regulation, or

    (4)   which has or may have a present or future fiscal impact.

    On or before May 1, the Council must indicate by resolution its intention to appropriate funds for or otherwise implement the agreement or its intention not to do so, and must state its reasons for any intention to reject any part of the parties' final agreement.  The Council, by majority vote taken on or before May 1, may defer the May 1 deadline to any date not later than May 15.

  (p)    If the Council indicates its intention to reject any part of the parties' final agreement, it must select a representative to meet with the parties and present the Council's views in the parties' further negotiation on matters that the Council has indicated its intention to reject. This representative must also participate fully in stating the Council's position in any ensuing impasse procedure. The parties must meet as promptly as possible and attempt to negotiate an agreement acceptable to the Council. Either party may at this time initiate impasse procedures under this section. The parties must submit the results of the negotiation, whether a complete or a partial agreement, to the Council on or before May 10. If the Council has deferred the May 1 deadline, that action automatically postpones the May 10 deadline by the same number of days.  The Council then must consider the agreement as renegotiated by the parties and indicate by resolution its intention to appropriate funds for or otherwise implement the agreement or its intention not to do so.

  (q)    Any agreement must provide for automatic reduction or elimination of wage or benefits adjustments if:

    (1)   the Council does not take action necessary to implement the agreement or a part of it; or

    (2)   sufficient funds are not appropriated for any fiscal year when the agreement is in effect.

  (r)   Later years.  The process and timetable in subsections (o) and (p) apply to Council review of wage or benefits adjustments after the first year or any multi-year agreement.

  (s)   Out-of-cycle amendments.  The process in subsections (o) and (p) applies to Council review of any amendment to a collective bargaining agreement that the Council receives after May 15 of any year, but the deadlines in those subsections do not apply.  The Council President must set action deadlines which result, to the extent feasible, in a similar timetable relative to the date the Council received the amendment.

**Sec. 33-154. Prohibited practices.**

  (a)   The employer and its agents or representatives must not:

    (1)   interfere with, restrain, or coerce employees in the exercise of any rights granted to them under this Article;

    (2)   dominate or interfere with the formation or administration of any employee organization or contribute financial or other support to it, under an agreement or otherwise, but the employer and certified representative may agree to and apply an agency shop provision under this Article and a voluntary dues or service fee deduction provision, and may agree to reasonable use of County facilities to communicate with employees.

    (3)   encourage or discourage membership in any employee organization by discriminating in hiring, tenure, wages, hours, or conditions of employment, but this Article does not preclude an agreement from containing an agency shop provision;

    (4)   discharge or discriminate against a public employee because the employee files charges, gives testimony, or otherwise lawfully aids in administering this Article;

    (5)   refuse to bargain collectively with the certified representative;

    (6)   refuse to reduce to writing or sign a collective bargaining agreement that has been agreed to in all respects;

    (7)   refuse to process or arbitrate a grievance if required under a grievance procedure contained in a collective bargaining agreement;

    (8)   directly or indirectly oppose the appropriation of funds or the enactment of legislation by the County Council to implement an agreement reached under this Article; or

    (9)   engage in a lockout of employees.

  (b)   Employee organizations and their agents, representatives, and persons who work for them, must not:

    (1)   interfere with, restrain, or coerce the employer or any employee in the exercise of any rights granted under this Article;

    (2)   restrain, coerce, or interfere with the employer in the selection of its representative for collective bargaining or the adjustment of grievances;

    (3)   refuse to bargain collectively with the employer if the employee organization is the certified representative;

    (4)   refuse to reduce to writing or sign a collective bargaining agreement which has been agreed to in all respects;

    (5)   hinder or prevent, by threats of violence, intimidation, force, or coercion of any kind, the pursuit of any lawful work or employment by any person, public or private, or obstruct or otherwise unlawfully interfere with the entrance to or exit from any place of employment, or obstruct or unlawfully interfere with any person's free and uninterrupted use of any road, railway, airport, or other mode of travel;

    (6)   hinder or prevent by threats, intimidation, force, coercion, or sabotage, the obtaining, use, or disposition of materials, supplies, equipment, or services by the employer;

    (7)   take or retain unauthorized possession of property of the employer, or refuse to do work or use certain goods or materials as lawfully required by the employer; or

    (8)   cause or attempt to cause the employer to pay or deliver or agree to pay or deliver any money or other thing of value, in the nature of an exaction, for services which are neither performed nor to be performed.

  (c)   A charge of prohibited practice may be filed by the employer, an employee organization, or any individual employee. Each charge must be filed with the Labor Relations Administrator, and a copy must be sent to any person who allegedly committed a prohibited practice. Each charge must state facts sufficient to allow the Administrator to investigate the charge. The Administrator may request withdrawal of and, if necessary, summarily dismiss any charge which is insufficiently supported in fact or law to warrant a hearing.

  (d)   The Administrator may independently investigate any charge and may adopt rules for an independent investigation. If, after investigating, the Administrator finds that a charge is sufficiently supported to raise an issue of fact or law and is unable to settle or resolve the matter, the Administrator must hold a hearing on the charge after notifying the parties. In any hearing, the charging party must present evidence in support of the charges; and the party or parties charged may file an answer, appear in person or otherwise, and present evidence in defense against the charges.

  (e)   If the Administrator finds that the person charged has committed a prohibited practice, the Administrator must file findings of fact and conclusions of law, may order the person charged to cease and desist from the prohibited practice, and may take affirmative actions to remedy any violation of this Article. Remedies available under this subsection include reinstating employees with or without back pay, making employees whole for any loss relating to County employment suffered as a result of any prohibited practice, or withdrawing or suspending an employee organization's authority to negotiate or continue an agency shop provision or a voluntary dues or service fee deduction provision. If the Administrator finds that the party charged has not committed a prohibited practice, the Administrator must file findings of fact and conclusions of law and dismiss the charges.

  (f)   The Administrator must summarily dismiss any charge based on an alleged prohibited practice which occurred more than 6 months before the charge was filed.

  (g)   Any party aggrieved by a final decision of the Administrator under this section may appeal the decision to the Circuit Court for Montgomery County in accordance with the court rules governing administrative appeals. The court may affirm, reverse, or modify the decision, or remand the case for further proceedings. The filing of an appeal does not stay the Administrator's order. Any party to the proceeding in the Circuit Court may appeal the Court's decision under applicable provisions of State law and court rules.

**Sec. 33-155. Expression of views.**

  (a)   Expressing or disseminating any views, argument, or opinion, orally, in writing, or otherwise:

    (1)   is not a prohibited practice or evidence of a prohibited practice under this Article; and

    (2)   is not grounds to invalidate any election conducted under this Article; unless the expression or dissemination contains a threat of reprisal or promise of benefit.

  (b)   Recognizing an employee organization does not preclude the County from dealing with religious, social, fraternal, professional, or other lawful associations with respect to matters or policies that involve individual members of those associations or particularly apply to those associations or their members.

**Sec. 33-156. Strikes and lockouts.**

  (a)   An employee or employee organization must not either directly or indirectly cause, instigate, encourage, condone, or engage in any strike, nor the employer any lockout. An employee or employee organization must not obstruct, impede, or restrict, either directly or indirectly, any attempt to terminate a strike.

  (b)   The employer must not pay, reimburse, make whole, or otherwise compensate any employee for or during the period when that employee is directly or indirectly engaged in a strike. The employer must not compensate an employee who struck for wages or benefits lost during a strike.

  (c)   If an employee or employee organization violates this section, and after adequate notice and a fair hearing the Labor Relations Administrator finds that the violations have occurred and that any or all of the following sanctions are necessary in the public interest, the employer may:

    (1)   discipline, or dismiss from employment, any employee who engaged in the conduct;

    (2)   terminate or suspend an employee organization's dues deduction privilege, if any; or

    (3)   revoke the certification of and disqualify the employee organization from participation in representation elections for a period up to a maximum of 2 years.

  (d)   This Article does not prohibit an employer or a certified employee organization from seeking any remedy available in a court with jurisdiction.

**Sec. 33-157. Effect of prior laws and regulations.**

  (a)   This Article supersedes any law, executive order, rule, or regulation adopted by the County or any County department or agency which is inconsistent with this Article.

  (b)   Any executive order, rule, or regulation of the County or any County department or agency which regulates any subject that is bargainable under this Article is not superseded or modified by a collective bargaining agreement negotiated under this Article, except to the extent that the application of the order, rule, or regulation is inconsistent with the collective bargaining agreement.

  (c)   However, if the inconsistent order, rule, or regulation is subject to and has received County Council approval, a collective bargaining agreement does not supersede or modify it unless:

    (1)   the order, rule, or regulation was expressly identified to the Council by the parties before the Council reviewed the collective bargaining agreement, as required by Section 33-153(l), and the Council did not reject the inconsistent term or condition of the collective bargaining agreement under Section 33-153(n); or

    (2)   the Council repeals or modifies the order, rule, or regulation.

### Article Xi. Other Post Employment Benefits Trust.

**Sec. 33-158. Definitions.**

  In this Article, the following words and phrases have the following meanings:

  Board: The Consolidated Retiree Health Benefits Trust Board established under Section 33-160.

  Contribution: payment made to the Trust Fund by the County to pay benefits for County retiree benefit plans or a County-funded agency retiree benefit plan.

  County: Montgomery County Government.

  County-funded agency: Montgomery College and Montgomery County Public Schools.

  Custodian: The County Director of Finance.

  Investment manager: a person or entity who exercises discretion to manage all or part of the assets of an institutional investor.

  Participating Agency: an agency eligible to participate in County benefit plans under Section 20-37(b) which elects to participate in any County retiree benefit plan.

  Retiree benefit plan: any retiree medical plan, dental plan, vision plan, or life insurance plan maintained by the County and administered by the Chief Administrative Officer. Depending on the context, retiree benefit plan may also refer to a retiree medical plan, prescription drug plan, dental plan, vision plan, or life insurance plan established and maintained by a County-funded agency.

  Trust Fund: the Consolidated Retiree Health Benefits (RHB) Trust Fund established to pay all or part of the benefits provided under any retiree benefit plan, including a County-funded agency retiree benefit plan.

**Sec. 33-159. Establishment of Trust.**

  (a)   County Retiree Benefit Plans.  The Chief Administrative Officer must include the terms of any County retiree benefit plan, including eligibility and benefits, including those benefits collectively bargained, in a plan document.  All benefits must meet any applicable Federal or State requirement.  Subject to the County’s obligations under collective bargaining agreements and the collective bargaining laws, to the extent applicable, the Chief Administrative Officer may amend a plan document at any time.  Subject to the County’s obligations under collective bargaining agreements and the collective bargaining laws, to the extent applicable, any retiree benefit plan may be terminated at any time for any reason.  No retiree benefit is guaranteed, except as expressly provided by a contract entered into by the County.

  (b)   Establishment of Trust.  An Other Post Employment Benefits Trust, known as the Consolidated Retiree Health Benefits (RHB) Trust, is established to fund all or a portion of benefits provided under the County retiree benefit plans or a County-funded agency retiree benefit plan.  The Trust is intended solely as a funding mechanism to pay for County or County-funded agency retiree benefits provided under the terms of any applicable retiree benefit plan, and does not create any obligation by the County to provide any benefit listed in any County or County-funded agency retiree benefit plan.  Any participant in a retiree benefit plan, any current or former County or a County- funded agency employee, or any current or former participating agency employee, has no right to any asset in the Trust fund.  The Trust Fund may be, but is not required to be, the sole source of funding for any County or County-funded agency retiree benefit plan.

  (c)   Type of Trust.  The County intends that the Trust Fund:

    (1)   be used to perform its essential government function of providing benefits, including health and life insurance benefits, to participants and eligible dependents; and

    (2)   qualify as a tax exempt trust under Internal Revenue Code Section 115.

  (d)   Assets of Trust Fund.  All contributions and all earnings and other additions, less payments, constitute the assets of the Trust Fund.

  (e)   County-funded agency Participation. A County-funded agency may participate in the Trust Fund as a funding mechanism for its retiree benefit plans.  A participant in any County-funded agency retiree benefit plan, or any current or former employee of a County-funded agency, has no right to the assets in the Trust Fund.  The County is not responsible for establishing, maintaining, or providing any benefit for any County- funded agency retiree benefit plan.

  (f)   Exclusive Benefit.  The Trust Fund must be held for the exclusive benefit of participants in retiree benefit plans and eligible dependents, and used only to provide benefits and defray reasonable expenses of administering retiree benefit plans.  Trust Fund assets must not revert to the County or a County-funded agency unless the County or the County-funded agency terminates all retiree benefit plans.  Some funds may partially revert to the County if at least one benefit plan is terminated under Section 33-166.

**Sec. 33-160. Board of Trustees.**

  (a)   Establishment.  The Consolidated Retiree Health Trust Board of Trustees is established to manage the Trust.  The Board has 19 members.

  (b)   Membership.

    (1)   Each member of the Board of Investment Trustees established under Section 33-59 is also a member of the Board.

    (2)   The County Executive must appoint, subject to County Council confirmation, 3 voting members nominated by the Montgomery County Board of Education, who must serve indefinitely while remaining the designee of the Montgomery County Board of Education.  The members must include:

      (A)   a designee of the Superintendent;

      (B)   an active employee of the Montgomery County Public Schools who is a member of a bargaining unit; and

      (C)   a retiree of the Montgomery County Public Schools.

    (3)   The County Executive must appoint, subject to County Council confirmation, 3 voting members nominated by the Board of Trustees of Montgomery College, who must serve indefinitely while remaining the designee of Montgomery College.  The members must include:

      (A)   a designee of the President;

      (B)   an active employee of Montgomery College who is a member of a bargaining unit; and

      (C)   a retiree of Montgomery College.

  (c)   Vacancies.

    (1)   A trustee may be automatically removed for missing meetings as described in Section 2-148(b).

    (2)   A vacancy on the Board must be filled for the unexpired term in the same manner as the previous trustee was appointed.

  (d)   Compensation. The trustees must serve without compensation from any source for service rendered to the Board, except that an active employee trustee may receive administrative leave to serve on the Board. The Board must reimburse a trustee for any expense approved by the Board.  A trustee must not receive reimbursement for expenses from any other source.

  (e)   Written policies. The Board must establish written policies to administer and invest the funds created by this Article and to transact the business of the Trust Fund.  Any delegation of duties by the Board under Section 33-162 must be specified in written policies and procedures.

  (f)   Officers. The Board must select a chair, vice chair, and secretary from the Board’s members.

    (1)   The chair must preside at meetings of the Board and may take administrative action on behalf of the Board.

    (2)   The vice chair must perform the duties and exercise the powers of the chair when the chair is unavailable, or the Board determines is otherwise unable to perform the duties of the chair.

    (3)   The secretary must record the proceedings and actions of the Board and may certify a document or action of the Board.  A person may rely in good faith on the secretary’s certification as proof of the document or action.

  (g)   Meetings and actions.

    (1)   The Board must meet at least once during each calendar quarter.  The chair, or 10 members of the Board, may call a meeting of the Board, in the manner and at times and places provided under the policies of the Board.  The Board is a public body under the State Open Meetings Act.

    (2)   A.   Ten trustees constitute a quorum.

      B.   Each trustee has one vote.

      C.   Ten trustees must agree for the Board to act.

    (3)   The Board may act without a meeting.  All of the trustees must concur in writing for the Board to approve any action the Board takes without a meeting.

    (4)   The Board may adopt procedures consistent with this Section.

    (5)   In its written policies and procedures, the Board may authorize a trustee, the Executive Director, or a similarly situated County employee, to execute instruments on behalf of the Board.

  (h)   Records.

    (1)   The Board must keep investment accounts and records necessary to calculate the value of each retiree health benefit trust fund and evaluate the experience and performance of the Trust Fund.

    (2)   The Board may designate a person to maintain the records.

    (3)   Accounts and records are subject to State law on public records.

  (i)   Removal of trustee.  With the Council’s approval, the County Executive may remove a trustee for violating this Article or other good cause.

  (j)   Legal adviser.  The County Attorney is the legal adviser to the Board.

  (k)   Management.  The Board must hold legal title to all assets of the Trust Fund, but may transfer some incidents of ownership to the Board’s agents as provided in this Article.  The powers and duties of the Board under this Article are not effective until the Board members have accepted the Trust Fund in writing.  Within 10 days after the Council confirms a Board member, the member must certify in writing to the Chief Administrative Officer that the member accepts the Trust Fund and will administer its affairs with care, skill, prudence, and diligence.

**Sec. 33-161. Contributions and payments.**

  (a)   County Contributions.  The County may contribute to the Trust Fund those amounts that the Council appropriates.  The County is not required to make any contribution to the Trust Fund unless a written contract with one or more beneficiaries so requires.

  (b)   County-funded Agency Contributions.  The County may contribute to the Trust Fund, on behalf of a County-funded agency, those amounts that the County Council appropriates.  A County-funded agency may also make contributions to the Trust Fund in its discretion.  Notwithstanding the preceding sentence, the County must make any contribution necessary to pay a County-funded agency’s pro rata cost of the expenses of the Trust Fund.  Contributions to the Trust Fund made on behalf of a County-funded agency or by a County-funded agency must be attributed to the County-funded agency for actuarial valuation and financial reporting.

  (c)   Acceptance of Contributions.  The Board must accept all contributions deposited in the Trust Fund and held by the custodian as Trust Fund property.  The Board is not responsible for calculating or collecting any contribution, but is only responsible for contributions deposited to the Trust Fund and amounts held in the Trust Fund.  The Board must separately account for any contribution made on behalf of a County-funded agency and earnings and expenses attributable to that contribution.

  (d)   Payments.

    (1)   Payments for County Retiree Benefit Plans. Payments may be made from the Trust Fund attributable to the County in those amounts directed by the Chief Administrative Officer only to pay for all or part of the benefits provided by any County retiree benefit plan, administrative expenses relating to a retiree benefit plan and expenses of the Trust Fund.  The Board is not liable for any payment directed by the Chief Administrative Officer and is not required to confirm compliance with any retiree benefit plan.

    (2)   Payments for a County-funded Agency Retiree Benefit Plan. The Chief Administrative Officer may direct that payments be made from the Trust Fund attributable to a County-funded agency as authorized by a County Council appropriation resolution.  Payments from the Trust Fund must be used to pay for all or part of the benefits provided by a County-funded agency retiree benefit plan and expenses of any County-funded agency retiree benefit plan.  The Board is not liable for any payment made under the direction of the Chief Administrative Officer and has no responsibility to confirm compliance with any retiree benefit plan.

  (e)   Expenses.  The Board must be reimbursed for expenses solely incurred in the administration of the Trust Fund and must pay from the Trust Fund expenses reasonably incurred by the Chief Administrative Officer to administer any County retiree benefit plan to the extent that those expenses have not been paid by the County.  The Board may pay expenses incurred under Section 33-162(h)(11) without direction of the Chief Administrative Officer.  The Chief Administrative Officer may direct the Board to pay expenses reasonably incurred by a County-funded agency to administer its retiree benefit plans.

**Sec. 33-162. Trust Fund management.**

  (a)   General.

    (1)   Except as otherwise provided in this chapter, the Board has the exclusive authority to manage and administer the investments of the Trust Fund’s assets.

    (2)   Except as otherwise provided in this chapter, the Chief Administrative Officer has the exclusive authority to manage and administer the eligibility for benefits, mandatory financial reporting, and calculation and distribution of benefits for the Trust Fund.

  (b)   Procurement.  Chapter 11B does not apply to the procurement of goods and services by the Board for the Trust Fund.

  (c)   Transfer agents.

    (1)   The Board may register any assets in its own name or in the name of a nominee.  The Board or its agent must keep records that show that the investments are part of the Trust Fund.

    (2)   The Board may form a partnership under State law to hold or transfer assets as the Board’s nominee.

    (3)   The Board may designate in writing a trustee to hold or transfer assets as the Board’s nominee.

    (4)   The Board must provide that any trustee or partnership that the Board designates must act only as agent of the Board.  The Board may set other conditions that the Board finds prudent.

    (5)   Any trustee or partnership that the Board designates may retain the services of a bank or other financial institution to conduct business.

  (d)   Authorized investments.

    (1)   The Board may invest or permit an investment manager to invest the assets of the Trust Fund in any investment it considers prudent within the Board’s policies, except as otherwise prohibited in this Section.  The Board must use an investment manager except when making an investment in any type of pooled investment vehicle, including any combined, common, or commingled trust fund, retirement or annuity contract, mutual fund, investment company, association or business trust.  The Board also may authorize the Board staff to make investments in pooled investment vehicles and transition assets from one investment manager to another investment manager.

    (2)   If an investment through any combined, common, or commingled trust fund exists, the declaration of trust of that fund is a part of the Trust Fund.

  (e)   Written Policies.  The Board must establish an investment policy and guidelines appropriate for the Trust Fund, and may review and change the policy and guidelines as necessary.  The Board must establish such other written policies to administer and invest funds under this Article and transact the Trust’s business.

  (f)   Investment Manager.

    (1)   Except as provided in subsection (d)(1), the Board must appoint one or more investment managers to invest all or part of the RHB trust fund assets consistent with applicable guidelines.  If the Board has properly appointed an investment manager, the Board is not liable for any act or omission of the manager and is not otherwise responsible for the investment of funds allocated to the investment manager.

    (2)   Any investment management contract must provide that when the investment manager is making individual investment selections, the investment manager must make individual investment selections subject to applicable Board policies.  In any contract, the Board may limit the investment of a specified portion of the Trust Fund to a certain type of property.  In any contract, the Board may delegate to the investment manager any power or discretion conferred on the Board under this Article and may assign to the investment manager custody and control of certain Trust Fund assets.  The fees charged by any manager are expenses of the Trust Fund.

    (3)   The Board must monitor the performance of each investment manager and may terminate any appointment.  Monitoring may include any tests or analyses that the Board finds prudent in the circumstances to assure the Trust Fund’s stability and growth.

  (g)   Available Cash.  The Board may keep cash available in an amount it finds prudent to pay benefits and expenses.  The Board may keep cash on deposit in one or more banks or trust companies organized under the laws of any state or the United States, but the amount on deposit in any bank or trust company must not exceed 25% of the paid-in capital and surplus of that bank or trust company.

  (h)   Board Powers.  Except as otherwise provided in this Article, the Board may:

    (1)   buy or subscribe for any investment with any cash, at a premium or discount, and retain the investment;

    (2)   sell, exchange, convey, transfer, lease for any period, pledge, mortgage, grant options, contract with respect to, or otherwise encumber or dispose, at public or private sale, for cash or credit or both, any part of the Trust Fund;

    (3)   subject to Section 33-165(h)(2), sue, defend, compromise, arbitrate, compound, and settle any debt, obligation, claim, suit, or legal proceeding involving the Trust Fund, and reduce the rate of interest on, extend or otherwise modify, foreclose upon default, or otherwise enforce any debt, obligation, or claim;

    (4)   retain a part of the Trust Fund assets uninvested in preparation for distributions;

    (5)   exercise any option on any investment for conversion into another investment, exercise any right to subscribe for additional investments, and make all necessary payments;

    (6)   join in, consent to, dissent from, oppose, or deposit in connection with the reorganization, recapitalization, consolidation, sale, merger, foreclosure, or readjustment of the finances of any corporation or property in which the assets of the Trust Fund are invested, or the sale, mortgage, pledge or lease of that property or the property of any such corporation on any terms that the Board finds prudent; exercise any options, make any agreements or subscriptions, pay any expenses, assessments, or subscriptions, and take any other action in connection with these transactions that the Board finds prudent; and accept and hold any investment issued in or as a result of any such proceedings;

    (7)   vote, in person or by proxy, at any election of any corporation in whose stock the assets of the Trust Fund are invested, and exercise, personally or by any power of attorney, any right appurtenant to any investment held in the Trust Fund, and give general or specific proxies or powers of attorney with or without power of substitution.

    (8)   sell at a public or private sale, enter into an option to sell, mortgage, lease, partition, or exchange any real property at prices and for terms that the Board finds prudent.  The Board may execute and deliver deeds of conveyance and all assignments, transfers, and other legal instruments to pass ownership to a buyer, free and discharged of all liens;

    (9)   renew or extend any mortgage, on any terms that the Board finds prudent, and increase or reduce the rate of interest on any mortgage or modify the terms of any mortgage or of any guarantee as the Board finds prudent to protect the Trust Fund or preserve the value of the investment; waive any default or enforce any default in a manner that the Board finds prudent; exercise and enforce any right of foreclosure, bid on property in foreclosure, take a deed in lieu of foreclosure with or without paying a consideration, and release the obligation on the bond secured by the mortgage; and exercise and enforce in any legal action any right or remedy regarding any mortgage or guarantee;

    (10)   form a corporation or partnership under the laws of any jurisdiction, or acquire an interest in or otherwise make use of any corporation or partnership already formed to invest in and hold title to any property;

    (11)   incur and pay expenses for agents, financial advisors, actuaries, accountants, and legal counsel, if those expenses are incurred solely to perform the Board’s duties under the Trust;

    (12)   borrow, raise or lend money for the purpose of the Trust Fund, in any amounts and on any terms and conditions as the Board in its discretion finds prudent; for any money borrowed, issue a promissory note and secure the repayment of this note by pledging or mortgaging all or part of the Trust Fund;

    (13)   hold, buy, transfer, surrender, and exercise all other incidents of ownership of any insurance or annuity contract;

    (14)   pool all or any of the assets of the trust, from time to time, with assets belonging to any retirement plan trust or other retiree health benefit trust created by the County, including any subtrust thereof, and commingle such assets and make joint or common investments and carry joint accounts on behalf of this trust and such other trust, trusts, or subtrusts, allocating undivided shares or interests in such investments or accounts or in any pooled assets to the two or more trusts or subtrusts in accordance with their respective interests. Any such trusts or subtrusts may be unitized for investment purposes. Consistent with the authority granted in this Article, the Board may also buy or sell any assets or undivided interests in this trust or in any other trust or subtrust with which the assets of this trust may be pooled, to or from this trust or such other trusts or subtrusts at such prices or valuations as the Board may determine in reasonable good faith; and

    (15)   do any act that the Board finds necessary and exercise the power of this Article to manage the Trust Fund.  The Board may exercise all powers to manage the assets that an individual could exercise to manage property owned by that individual.

  (i)   Prohibited Transactions.  The Board must not engage in any transaction between the Trust and the County or any entity controlled by the County, including a County-funded agency, or a participating agency in which the Board:

    (1)   lends any part of its income or corpus without receiving adequate security and a reasonable rate of interest;

    (2)   pays any compensation more than a reasonable allowance for salaries or other compensation or services actually rendered;

    (3)   makes any service available on a preferential basis;

    (4)   makes any substantial purchase of securities or other property for more than adequate consideration which, for avoidance of doubt, does not include a transfer conducted on the terms described in Section 33-170(i) between employee benefit plan trusts or a subtrust;

    (5)   sells any substantial part of its securities or other property for less than adequate consideration which, for avoidance of doubt, does not include a transfer conducted on the terms described in Section 33-170(i) between employee benefit plan trusts or a subtrust; or

    (6)   engages in any transaction which results in a substantial diversion of its income or corpus.

  (j)   To comply with Section 315 of the County Charter, a firm of certified public accountants, under contract with the Council, must complete an annual independent audit of the Trust Fund.  The complete audit must be filed with the Council and each County- funded agency, and copies made available for public inspection.

  (k)   Actuary; actuarial assumptions.

    (1)   The Board has the power to determine the assumed rate of investment return to be used in actuarial and other computations for the Trust Fund.

    (2)   The County and each County-funded agency or participating agency may:

      (A)   select and retain an actuary for its portion of the Trust Fund; and

      (B)   except as provided under paragraph (1) of this subsection, determine the actuarial cost method, and the mortality, turnover, and other assumptions to be used in actuarial and other computations for the agency’s portion of the Trust Fund.

  (l)   Delegation of Duties.  The Board may delegate its duties to the Executive Director or a similarly situated County employee as it deems appropriate and consistent with its fiduciary duties in a written policy and procedure.  If the Board has prudently delegated its duties and monitored the delegation, the trustees must not be liable for an act or omission made by its delegate.

**Sec. 33-162A. Emerging Investment Managers.**

  (a)   Legislative findings.

    (1)   Emerging investment managers, including businesses owned by women, minorities and disabled individuals, should receive an equal opportunity to provide investment management services to the Consolidated Retiree Health Benefits Trust Board.

    (2)   The Board has adopted a policy requiring its staff to identify qualified emerging investment managers to participate in an investment manager search, including regular monitoring of investment managers.

    (3)   Expanding opportunities for emerging investment managers will increase competition.

  (b)   Definitions.

    As used in this Section:

    Assets means total client assets managed by an investment manager.

    Emerging investment manager means:

    (1)   an investment manager with assets or product assets below the 75th percentile of their respective peer group; or

    (2)   a new or developing investment manager.

    New or developing investment manager means an investment manager:

    (1)   raising its first or second private institutional investment fund; or

    (2)   creating its first institutional product.

    Product Assets means client assets managed by an investment manager in a single strategy.

  (c)   Consistent with the fiduciary duties established in Section 33-163, the Board must make a good faith effort to remove any barriers that limit participation by qualified emerging investment managers to manage funds for the Consolidated Retiree Health Benefits Trust Fund.

  (d)   The Board must adopt guidelines to identify and evaluate qualified emerging investment managers. The guidelines must include procedures for:

    (i)   identifying possible firms;

    (ii)   reviewing, evaluating and interviewing emerging investment managers on an ongoing basis; and

    (iii)   maintaining research files on emerging investment managers.

  (e)   The Board must report annually to the Council and the Executive on compliance with this Section on or before September 1 for the prior fiscal year.  The report must:

    (1)   identify each emerging investment manager used during the fiscal year;

    (2)   list the percentage and dollar value of the assets of the trust fund, by investment sector, managed by each emerging investment manager; and

    (3)   describe the good faith effort made to include qualified emerging investment managers in the procurement process during the fiscal year.

**Sec. 33-163. Board duties and responsibilities.**

  (a)   Duty of Care.  The Board must discharge its duties with respect to the Trust Fund:

    (1)   only in the interest of the participants in retiree benefit plans and eligible dependents;

    (2)   only to provide benefits to participants in retiree benefits plans and to defray reasonable expenses of administering and operating the Trust Fund;

    (3)   with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;

    (4)   by diversifying the investments of the Trust Fund to minimize the risk of large losses, unless it is clearly not prudent to diversity under the circumstances; and

    (5)   in accordance with the laws, policies, and instruments governing the Trust.

  (b)   Records.  The Board must maintain accurate and detailed accounts of each investment, receipt, disbursement, and other transaction, including any specific record required by law, separate accounting for participating agencies and any additional record it finds necessary.  All accounts, books and records are subject to applicable State laws governing maintenance and disclosure of public records.

  (c)   Annual Accounting.  The Trust Fund fiscal year is the same as the County fiscal year.  On or before January 1 of each year, the Board must file with the Chief Administrative Officer a written account, listing each investment, receipt, disbursement, and other transaction during the preceding fiscal year or during the period from the close of the last preceding fiscal year to any interim date that the Board selects.  The account must include a list of the Trust Fund assets and the current fair market value of each asset at the end of that period.  The account must include the separate accounts of the participating agencies.  If a current fair market value is not available for or does not apply to a particular investment, the Board must assign a value to that investment.  The Board must apply the investment valuation method on a consistent basis.  If the Board changes the investment valuation method, the Board must notify the Executive and Council of the change.

  (d)   Ethics.  The Board is subject to Chapter 19A.  A Board member must not:

    (1)   be a party to any transaction engaged in by the Board or an investment manager involving the assets of the Trust Fund.

    (2)   use the gains or profits of the Trust Fund for any purpose except to make investments or payments authorized by the Board;

    (3)   deal with the assets of the Trust Fund for the member’s own interest or account;

    (4)   act in any transaction involving the Trust Fund on behalf of a party whose interests are adverse to the interests of the Trust Fund or the interests of participants or beneficiaries of the Trust Fund; or

    (5)   become an endorser or surety, or in any manner an obligor, for money loaned to or borrowed from the Board.

**Sec. 33-164. Custodian.**

  (a)   General.  The Director of Finance is the custodian of the Trust Fund assets.  The Director must give bond with a surety and for a period and in an amount as the Board determines. Each payment from the Trust Fund must be made by the Director, the Director’s designee, or 2 persons designated by the Board acting jointly.  The Board must file a copy of its resolution designating the 2 persons, with specimen signatures of those persons, with the Director to confirm their authority to make payments.

  (b)   Contracts. If the Board approves, the Director of Finance may make written contracts with banks, trust companies, insurance companies or investment companies authorized to do business in any state for the safe custody of investments, banking services, the payment of benefits and expenses, and any other function necessary to manage and safeguard the assets of the Trust Fund.

  (c)   Procurement.  Chapter 11B does not apply to the procurement of goods and services for the Trust Fund by the Director of Finance.

**Sec. 33-165. Indemnification of Board Members.**

  (a)   General.  The County must indemnify each member of the Board who is or may become a party to any legal action, including any administrative or investigative proceeding, because of service as a Board member, subject to the conditions in this Section.

  (b)   Standards; payments.

    (1)   The County must indemnify a Board member:

      (A)   with respect to civil matters, if the member acted in good faith and in a manner that the member reasonably believed to be in the best interest of the Trust Fund; and

      (B)   with respect to criminal matters, if the member had no reasonable cause to believe that the member’s conduct was unlawful.

    (2)   If the County indemnifies a Board member under this Section, the County must indemnify the member for any expense when the member incurs the expense, including:

      (A)   reasonable attorney fees;

      (B)   judgments;

      (C)   damages;

      (D)   fines; and

      (E)   settlements.

  (c)   Effect of Terminating any legal action.  The termination of any legal action does not, by itself, create a presumption that a Board member did not act in good faith and in a manner reasonably believed to be in the best interest of the Trust Fund.  The termination of a criminal proceeding does not, by itself, create a presumption that a Board member had reasonable cause to believe that any conduct was unlawful.

  (d)   Exceptions.  The County must not indemnify a Board member if:

    (1)   the member is found by a court or other tribunal to be liable for gross negligence or willful and wanton misconduct in the performance of a duty to the Trust Fund; or

    (2)   liability arises from an action that occurred before the date when all Board members accepted the Trust Fund in writing.

  (e)   Recovery of Payments.  If the County Attorney finds that any indemnification payment was made that was outside the scope of the indemnification allowed under this Section, the County Attorney must take appropriate action on behalf of the County to recover that payment.

  (f)   Insurance Provided.  The County must provide insurance for each Board member against any liability asserted against or incurred by the member with respect to service on the Board.  Assets of the Trust Fund must not be used to pay any premium.  The County may self-insure, wholly or partly, for this purpose.  If the County does not provide adequate insurance coverage or indemnification under this Section, a Board member need not pay any amount attributable to liability incurred by serving on the Board and the County must pay any amount due.

  (g)   Defenses.  The County may assert the defenses of governmental immunity, and any other available defense, in any legal action arising out of the actions of the Board.

  (h)   County Attorney.

    (1)   The County Attorney must determine whether a Board member is eligible for indemnification with respect to any matter and the reasonableness of any fee, expense, or settlement.

    (2)   Unless the County Attorney approves the settlement, a Board member cannot settle a claim against another Board member using:

      (A)   County funds;

      (B)   funds of a Participating agency;

      (C)   County-funded agency funds;

      (D)   funds provided by a self-insurance program of the County; or

      (E)   funds provided under a policy the County has with an insurance company.

**Sec. 33-166. Amendment and Termination.**

  (a)   Termination.  Except on termination, no part of the Trust Fund may revert to the County or a participating agency or be used for any purpose other than the exclusive benefit of participants of a retiree benefit plan.  If all County retiree benefit plans are terminated and all benefit claims and expenses are paid, any remaining assets in the Trust Fund relating to contributions made by the County and participating agencies must revert to the County and the participating agencies.  The Trust Fund must terminate in its entirety on the earlier of the termination of all County retiree benefit plans or the depletion of the Trust Fund.  Funds may partially revert to the County or participating agencies if one or more retiree benefit plans is terminated.  When a County or a County-funded agency retiree benefit plan is terminated, the assets in the Trust Fund attributable to that plan after expenses and benefits have been paid must revert to the County and the participating agencies as provided in the adoption agreement.  If the County terminates all of its retiree benefit plans and a County-funded agency continues to maintain at least one retiree benefit plan, the assets attributable to each County-funded agency retiree benefit plan must be transferred to a trust which meets the requirements of Internal Revenue Code Section 115.

  (b)   Amendments.  Any provision of this Article may be amended at any time.  No amendment may:

    (1)   authorize any part of the Trust Fund to be used for any purpose other than the exclusive benefit of participants of retiree benefit plans and eligible dependents; or

    (2)   cause or allow any part of the Trust Fund to revert to or become the property of the County or a County-funded agency, except as provided in Sections 33-166(a),  33-167 or 33-169.

  (c)   Compliance with Applicable Law.  The Council may amend the Trust at any time, retroactively if required, if found necessary to conform to any requirement of State law, the Internal Revenue Code or any similar act or any amendments or corresponding regulations or applicable guidance.

**Sec. 33-167. Participating Agencies.**

  (a)   Participating Agencies.  An agency permitted to participate in County benefit plans under Section 20-37(b) which chooses to participate in a retiree benefit plan must participate in the Trust Fund.  However, a participating agency must be eligible to participate under Internal Revenue Code Section 115.  Each participating agency in the Trust Fund must execute an adoption agreement in a form satisfactory to the Chief Administrative Officer and must submit any information the Chief Administrative Officer requires.  Except for any obligation to refund assets under subsection (b), legal liability must not accrue to the County by including any participating agency in the Trust Fund.  Each participating agency must be fully responsible for its pro rata cost of coverage, including any required annual contribution to the County and its share of administrative expenses.

  (b)   Termination of Participating Agency.  If a participating agency decides to terminate participation in a retiree benefit plan and the Trust Fund, the agency must notify the Chief Administrative Officer in writing.  The Chief Administrative Officer and the participating agency must agree on a date to end the agency’s participation.  Any tranfer of assets from the Trust Fund resulting from the termination of an agency’s participation must comply with the Internal Revenue Code and the adoption agreement between the County and the participating agency.

**Sec. 33-168. Protection from Creditors.**

  Any asset held by the Trust Fund is not subject to any creditor of the County or a County-funded agency and is exempt from execution, attachment, prior assignment, or any other judicial relief or order for the benefit of any creditor or third person.

**Sec. 33-169. County-funded Agency Participation.**

  (a)   County Liability. Except for any obligation to refund or transfer assets under subsection (b) or (c), no legal liability for benefits must accrue to the County by including a County- funded agency in the Trust Fund.

  (b)   Termination of Participation by a County-funded Agency. Any Trust Fund assets must not revert to a County-funded agency.  Assets may partially revert to the County if a County-funded agency terminates at least one retiree benefit plan.  Only funds attributable to the terminated retiree benefit plan, after benefits and expenses have been paid, may revert to the County.

  (c)   Transfer of Trust Fund: If the County decides to terminate a County-funded agency’s participation in the Trust Fund, the County must notify the County-funded agency in writing.  If the County-funded agency continues to maintain a retiree benefit plan, assets must be transferred to a trust which meets the requirements of Internal Revenue Code Section 115.  Any transfer of assets from the Trust Fund resulting from the termination of participation in the Trust Fund must comply with the Internal Revenue Code.

### Article Xii. Montgomery County Group Trust.

**Sec. 33-170. Montgomery County Group Trust.**

  (a)   Creation of Group Trust. The Board of Investment Trustees established under Article III and the Consolidated Retiree Health Benefits Trust Board of Trustees established under Article XI may create a combined, common or commingled trust fund known as the Montgomery County Group Trust for the commingling of assets of any retirement plan and any retiree health benefit trust created by the County under this Chapter.

  (b)   Purpose. The Montgomery County Group Trust is established solely for the purpose of creating a collective investment vehicle intended to create investment opportunities and efficiencies for the investment of Montgomery County’s employee benefit plan trusts. The interests of each investing trust must be accounted for separately and the assets attributable to an investing trust must be held for the benefit of that trust only within the general holdings of the Montgomery County Group Trust. No employee benefit plan trust must be deemed to have an individual ownership interest in any asset held by the Montgomery County Group Trust. Instead, each employee benefit plan trust must have an undivided ownership interest in the Montgomery County Group Trust, with each trust owning an undivided ownership interest in the respective subtrust or subtrusts in which it invests within the Montgomery County Group Trust, and must share proportionately with all other employee benefit plan trusts participating in the subtrust within Montgomery County Group Trust in the net income, profits, and losses thereof.

  (c)   Participation in Group Trust. The Board of Investment Trustees may elect to invest all or any assets of the Employees’ Retirement System, Retirement Savings Plan, and/or Deferred Compensation Plan through the Montgomery County Group Trust, including any one or more subtrusts, and the Consolidated Retiree Health Benefits Trust Board of Trustees may elect to invest all or any assets of the Consolidated Retiree Health Benefits Trust through the Montgomery County Group Trust, including any one or more subtrusts. Each board described above must discharge its duties with respect to its respective employee benefit plan trust in accordance with the provisions of Sections 33-61 or 33-163, as applicable, and this Section 33-170.

  (d)   Implementation and Administration Authority. The Board of Investment Trustees established under Article III and the Consolidated Retiree Health Benefits Trust Board of Trustees established under Article XI must have the authority to:

    (1)   implement the Montgomery County Group Trust, as authorized by subsection (a), after consulting any other participating retirement plan trust or retiree health benefits trust with a separate Board of Trustees;

    (2)   develop and maintain the Montgomery County Group Trust;

    (3)   modify or amend the terms of the Montgomery County Group Trust; and

    (4)   retain any service providers it deems appropriate to carry out these actions.

The terms of the Montgomery County Group Trust must be contained in a written document.

  (e)   Custodian. The Director of Finance must serve as the custodian of the Montgomery County Group Trust and must give bond with a surety and for a period and in an amount as the Boards determine. If the Boards approve, the Director of Finance may make written contracts with banks, trust companies, insurance companies, or investment companies authorized to do business in any state for the safe custody of investments, banking services, the payment of benefits and expenses, and any other function necessary to manage and safeguard the assets of the Group Trust.

  (f)   Trustees. The Chair of the Board of Investment Trustees and the Chair of the Consolidated Retiree Health Trust Board of Trustees must be the Trustees of the Montgomery County Group Trust. The Trustees may take administrative action by joint action taken at a meeting, by unanimous written consent, or by any other method as set forth in the Montgomery County Group Trust Declaration of Trust approved in writing by both Trustees. The Trustees may appoint a directed Trustee.

  (g)   Investment Authority. The Board of Investment Trustees and the Consolidated Retiree Health Benefits Trust Board of Trustees have the authority to select the investments of the Montgomery County Group Trust consistent with the authority granted under Articles III, Article VIII, Article IX and Article XI.

  (h)   Delegation of Signature Authority. In its written policies and procedures, the Board of Investment Trustees and the Consolidated Retiree Health Benefits Trust Board of Trustees may authorize a Trustee, the Executive Director or a similarly situated Montgomery County employee to execute instruments on behalf of the Montgomery County Group Trust.

  (i)   Partial or Full Withdrawal of an Employee Benefit Plan Trust. An employee benefit plan trust may withdraw, in whole or in part, from the Montgomery County Group Trust, including a subtrust, at any time upon action by its board or its authorized delegate. The amount distributed to the employee benefit plan trust upon the withdrawal in whole or in part will be equal to the value of the employee benefit plan trust, or part thereof, on the date as of the effective date of the withdrawal. If an employee benefit plan trust desires to withdraw an interest in the Montgomery County Group Trust, or any subtrust thereunder, the Trustees or their delegate may facilitate a transfer of that interest to another employee benefit plan trust or subtrust thereunder at the market value established by the custodian bank, or another entity authorized to establish such market values, if:

    (1)   such other employee benefit plan trust or subtrust thereunder has the capacity to engage in the transfer;

    (2)   the transfer results in such employee benefit plan trust or subtrust thereunder having its allocation brought closer to the strategic target as set in the employee benefit plan trust or subtrust’s investment policy statement; and

    (3)   the employee benefit plan or subtrust thereunder receives the market value established by the custodian bank, or another entity authorized to establish such market value.

  (j)   Termination of Group Trust. Termination of an employee benefit plan trust’s participation in the Montgomery County Group Trust or an employee benefit plan trust’s interest in the Montgomery County Group Trust must have no effect on the continuance of the Montgomery County Group Trust with respect to any other employee benefit plan trust whose participation or interest is not so terminated. Notwithstanding this Section, the County Council may terminate the Montgomery County Group Trust at any time. If the Montgomery County Group Trust is terminated, the assets of the Montgomery County Group Trust must be returned to the board of the respective employee benefit plan trusts participating in the Montgomery County Group Trust. Assets of the Montgomery County Group Trust may only be used for the exclusive purpose of providing benefits to members and beneficiaries and defraying reasonable expenses of administering each respective employee benefit plan trust and the Montgomery County Group Trust.

  (k)   Procurement. Chapter 11B does not apply to the procurement of goods and services for the Montgomery County Group Trust.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 33A. Planning Procedures.

### Article 1. Master Plans.

**Sec. 33A-1. Effect of chapter.**

  Under authority of chapter 711 of the 1969 Laws of Maryland, this chapter establishes planning procedures for Montgomery County, which supersede the following former provisions of section 63 of the regional act to the extent that said provisions were repealed by chapter 711 of the 1969 Laws of Maryland, but have remained in effect until suspended, superseded or amended by the district council: 63(c), 63(d)(2), 63(d)(3), 63(d)(5), 63(d)(6), and 63(d), 63(f) and 63(g).

**Sec. 33A-2. Definitions.**

  In this Chapter, the following words have the meanings indicated:

  “Commission” means the Maryland-National Capital Park and Planning Commission.

  “District Council” means the County Council sitting as the District Council for that portion of the Maryland-Washington Regional District in Montgomery County.

  “Greenhouse gas” includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other gas or substance the Director of the Department of Environmental Protection finds to be a significant contributor to global warming.

  “Plan”means the General Plan, an area master plan, a sector plan, the Master Plan of Highways, a functional plan, and any amendments to those plans, as described in the Regional District Act.

  “Planning Board” means the Montgomery County Planning Board.

  “Regional District Act” means Chapter 780 of the Laws of Maryland for 1959, as amended and codified in Division II of the Land Use Article of the Maryland Code.

**Sec. 33A-3. Initiation of plan.**

  The Commission or the District Council shall initiate work on a plan in accordance with the provisions of Title 21 of the Regional District Act.

**Sec. 33A-4. Amendments.**

  The initiation, preparation, approval, adoption, publication and certification of amendments to plan shall take place in accordance with the same procedures as are established by this chapter with respect to plans.

**Sec. 33A-5. Public hearing-preparation; copies to be made available; comments by county executive.**

  The Commission must prepare a public hearing draft of a plan or an amendment to an adopted plan. Upon request of the Commission, the County Executive must, and any municipality in or adjacent to the planning area should, provide as early as possible, preliminary information on existing conditions and those likely to result from proposed changes in land use which may affect the need for transportation, water and sewer services, and other public facilities and services, including any fiscal implications of the plan or amendment, and any other studies, data, and information pertinent to the preparation of the public hearing draft. When the draft plan is prepared, the Commission must submit it, not later than 30 days before the public hearing specified in Section 33A-6, to the Executive and any municipality in or adjacent to the planning area for review and comment. Copies of the public hearing draft must be made available to the District Council and the public by the Commission not less than 30 days before the public hearing. The Executive or a designee must present, either in writing or orally at the public hearing or in the hearing record, the comments and recommendations of the Executive on the effect of the public hearing draft upon public facilities and the County capital improvements program. The Executive should present his comments in writing before the public hearing so that the public may review and testify on the Executive's comments at the public hearing. The failure of the Executive to present comments or recommendations before the public hearing record is closed indicates concurrence with the public hearing draft plan.

**Sec. 33A-6. Public hearing.**

  The Commission must conduct a public hearing on the public hearing draft plan or amendment. The public hearing may be conducted in the area affected by the plan, if practicable. Notice of the hearing must be given not less than 30 nor more than 60 days before the hearing by publication at least once in a newspaper of general circulation in Montgomery County. In addition, the Commission must mail notices to all citizens' associations which the records of the Commission show are located in or adjacent to the planning area. The notice of the hearing must specify the time and place of the hearing, the area of the County affected, and the subject matter of the hearing.

**Sec. 33A-7. Planning Board Draft.**

  After the record of the public hearing is closed, the commission must prepare and submit to the District Council a Planning Board draft of the plan or amendment, incorporating appropriate revisions and modifications to the public hearing draft. A copy of the plan or amendment must also be transmitted to the Executive and to any municipality in or adjacent to the planning area.

  Within 60 days, the Executive must transmit a fiscal impact analysis to the District Council with any other comments and recommendations the Executive makes. The fiscal impact analysis must:

  (a)   estimate the cost of implementing the plan and propose funding strategies for implementation, and

  (b)   assess the impact of the plan on public facilities, the County capital improvements program, and other fiscal and economic issues as appropriate.

**Sec. 33A-8. District Council action.**

  (a)

    (1)   The Council, under its Rules of Procedure, must set the date for a public hearing on the Planning Board draft plan no later than 105 days after the Council receives the plan or amendment from the Planning Board.

    (2)   The Council must hold its hearing on the Planning Board draft plan at least 30 days, but not more than 60 days, after the hearing was advertised in at least one newspaper of general circulation in the County.

    (3)   A public hearing is not required if the District Council does not intend to propose any revisions,  modifications, or amendments to the Planning Board draft plan.

  (b)

    (1)   The public hearing required under this section may be held in the area that is affected by the plan.

    (2)   Notice of the public hearing required under this section must:

      (A)   be given no less than 30 days nor more than 60 days before the hearing;

      (B)   be published at least once in a newspaper of general circulation in this County;

      (C)   specify the time and place of the hearing, the area affected, and the subject matter of the hearing; and

      (D)   be mailed to all citizens' associations that received notice of the public hearing of the Commission.

    (3)   The District Council must request any municipality that received a Planning Board draft plan or amendment to provide its comments and recommendations no later than 10 days before the public hearing in order to inform the general public of those comments and recommendations before the public hearing.

  (c)

    (1)   After the public hearing, the District Council must approve or disapprove the Planning Board draft plan or amendment with any modifications or amendments that the District Council finds appropriate.

    (2)   The District Council must not act on any plan after October 31 of any year in which a general election for County Council is held until the first day of a new Council's term. The applicable deadline for approval or disapproval under subsection (c)(3) is not suspended by this subsection.

    (3)   Within 180 days after receiving the Executive's fiscal impact analysis, or within 240 after the Planning Board draft is transmitted to the County Council if the Executive does not submit a fiscal impact analysis, the District Council must approve, modify, or disapprove the plan or amendment. The District Council may extend this deadline by one or more 60-day periods by a vote on each extension of two-thirds of those members present and voting.

**Sec. 33A-9. Adoption of plan.**

  Within 60 days after the District Council approves the Planning Board draft of a plan or amendment, the Commission must adopt the plan or amendment in the form approved by the District Council.

**Sec. 33A-10. Publication of adopted plans.**

  After a plan or amendment is adopted under this Chapter, the Commission must publish it and make it available to the public. Copies of all approved and adopted plans (and their amendments) that are currently in force must be available for sale to the public (at appropriate prices established by the Commission) at the Montgomery County Office of the Commission.

**Sec. 33A-11. Certification and filing.**

  An attested copy of every adopted plan or amendment to an adopted plan must be certified by the Commission and filed with the Clerks of the Circuit Court for Montgomery and Prince George's Counties.

**Sec. 33A-12. Previously adopted plans to remain effective.**

  Any plan or amendment to a plan adopted before this Chapter remains effective until superseded or amended under this chapter.

**Sec. 33A-13. Administrative procedures.**

  The Commission and the District Council may, from time to time, establish administrative procedures to implement this Chapter, consistent with this Chapter and the Regional District Act.

### Article 2. Components of the Plan.

**Sec. 33A-14. Greenhouse Gas Emissions and Racial Equity and Social Justice.**

  As part of the factors and conditions outlined in Section 21-104 of the Regional District Act and Section 1-201 of the Land Use Article of the Maryland Code in preparing the Plan, the Planning Board must:

  (a)   conduct a climate assessment under Section 2-81D; and

  (b)   consider the impact of the plan on racial equity and social justice in the County, as defined in Section 2-64A.

### Article 3. Growth Policies.

**Sec. 33A-15. Growth and Infrastructure Policy.**

  (a)    Purpose; Policy.

    (1)   The purpose of this Article is to establish a process by which the County Council can give policy guidance to agencies of government and the public on matters concerning:

      (A)   land use development;

      (B)   growth management; and

      (C)   related environmental, economic, and social issues.

    (2)   The policy guidance will be provided through the adoption by the County Council of a Growth and Infrastructure Policy, which is intended to be an instrument that facilitates and coordinates the use of the powers of government to limit or encourage growth and development in a manner that best enhances the general health, welfare, and safety of the residents of the County.

    (3)   The County Council must adopt a Growth and Infrastructure Policy every 4 years.  The policy must include guidelines for the Planning Board, and other agencies as appropriate, for their administration of Section 50-35(k) and other laws and regulations which affect the adequacy and timing of public facilities needed to support growth and development.  This policy is the growth policy referred to in Article 28 of the Maryland Code and in Section 50-35(k) and elsewhere in the County Code.

  (b)   Duties of the County Planning Board.

    Every fourth year, in the second year of a Council term, the Planning Board must produce a recommended Growth and Infrastructure Policy.

    (1)   By June 15, the Board must send to the Council a staff draft Growth and Infrastructure Policy which includes:

      (A)   a status report on general land use conditions in the county, including the remaining growth capacity of zoned land, recent trends in real estate transactions, the level of service conditions of major public facilities and environmentally sensitive areas, and other relevant monitoring measures;

      (B)   a forecast of the most probable trends in population, households, and employment for the next 10 years, including key factors that may affect the trends;

      (C)   a recommended set of guidelines for the Board, and other agencies as appropriate, with respect to subdivision staging and administration of related laws and regulations which affect growth and development; and

      (D)   any other information or recommendations relevant to the Growth and Infrastructure Policy or requested by the Council in the course of adopting the Growth and Infrastructure Policy or by a later resolution.

    (2)   By August 1, the Board must approve and send to the Council a recommended Growth and Infrastructure Policy.

    (3)   The Board must promptly make available to the County Executive, other agencies (including the Office of Zoning and Administrative Hearings and the People’s Counsel), and the public copies of the staff draft and the Board’s recommended Growth and Infrastructure Policy.

  (c)   Duties of the County Executive.

    (1)   Every fourth year, in the second year of a Council term, the Executive must send to the Council by September 15 any revisions to the Growth and Infrastructure Policy recommended by the Planning Board in the form of specific additions and deletions.

    (2)   The Executive must promptly make available to the Planning Board, other agencies, and the public copies of the Executive’s recommendations.

    (3)   The Executive must assist the Planning Board to compile its status report for the recommended Growth and Infrastructure Policy by making available monitoring data which is routinely collected by executive branch departments.

  (d)   Duties of the County Board of Education.

    (1)   Every fourth year, in the second year of a Council term, the Board of Education must send to the Council by September 15 any comments on the recommended Growth and Infrastructure Policy submitted by the Planning Board and the Executive’s recommendations, including any proposed revisions in the form of specific additions or deletions.

    (2)   The Board of Education must promptly make available to the Planning Board, the Executive, and the public copies of these comments and revisions.

    (3)   The Board of Education must assist the Planning Board to compile its status report for the Growth and Infrastructure Policy by making available monitoring data which is routinely collected by Montgomery County Public Schools staff.

  (e)   Duties of the County Council.

    (1)   After receiving the recommended Growth and Infrastructure Policy, the recommendations of the Executive, and any other agency comments, the Council must hold a public hearing on the recommendations and comments.

    (2)   Every fourth year, in the second year of a Council term, the Council must adopt by November 15 a Growth and Infrastructure Policy to be effective until November 15 four years later. If the Council does not adopt a new Growth and Infrastructure Policy, the Growth and Infrastructure Policy adopted most recently remains in effect.

  (f)   Amending the Growth and Infrastructure Policy.

    (1)   The County Council, the County Executive, or the Planning Board may initiate an amendment to the Growth and Infrastructure Policy.

    (2)   If the Executive initiates an amendment:

      (A)   the Executive must send it to the Council, the Planning Board, and other agencies, and make copies available to the public;

      (B)   the Planning Board must send any comments on the proposed amendment to the Council and the other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and

      (C)   the Council may amend the Growth and Infrastructure Policy after giving the Planning Board and Board of Education an opportunity to comment and holding a public hearing.

    (3)   If the Planning Board initiates an amendment:

      (A)   the Planning Board must send it to the Council, the Executive, and other agencies, and make copies available to the public;

      (B)   the Executive must send any comments on the proposed amendment to the Council and other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and

      (C)   the Council may amend the Growth and Infrastructure Policy after giving the Executive and Board of Education an opportunity to comment and holding a public hearing.

    (4)   If the Council initiates an amendment:

      (A)   the Council must send it to the Executive, the Planning Board, and other agencies, and make copies available to the public;

      (B)   the Executive and the Planning Board must send any comments on the proposed amendment to the Council and other agencies within 45 days after receiving the amendment (unless the Council requests an earlier response), and must make copies of any comments available to the public; and

      (C)   the Council may amend the Growth and Infrastructure Policy after a public hearing.

    (5)   If it finds that an emergency so requires, the Council may hold the public hearing and adopt an amendment before receiving comments under subparagraphs (2)(B), (3)(B), or (4)(B).

**Sec. 33A-16. Reserved.**

### Article 4. Land Use Information Functions.

**Sec. 33A-17. Information and referral services.**

  (a)    The Planning Board must provide information and referral services on County land use and related regulatory functions to interested members of the public. The services to be provided include technical assistance and information on:

    (1)   master plans, including pending amendments;

    (2)   zoning, including pending cases and pending text amendments;

    (3)   subdivision control, including pending applications and amendments to Chapter 50;

    (4)   growth policy and related regulatory requirements;

    (5)   federal, state, and local environmental regulations; and

    (6)   related administrative, regulatory, or legislative procedures applicable to the Planning Board, Office of Zoning and Administrative Hearings, Historic Preservation Commission, Board of Appeals, other County regulatory agencies, Washington Suburban Sanitary Commission, and County Council.

  (b)    A resource library must be maintained that contains:

    (1)   relevant laws, regulations, and administrative procedures;

    (2)   appropriate zoning and other maps;

    (3)   administrative and legislative hearing schedules;

    (4)   significant administrative and judicial land use decision; and

    (5)   master plans, policy documents, planning studies, and other appropriate reference materials.

  (c)    All County departments, offices, and agencies must provide the planning department with:

    (1)   requested materials (other than confidential documents) to ensure the availability to the public of current information; and

    (2)   the location and telephone number of the person or persons to whom inquiries may be referred.

  (d)

    (1)   In this subsection, a burial site means a physical location where human remains were buried in the earth, or entombed in a mausoleum or columbarium. A burial site includes a cemetery, but does not include the sprinkling of ashes from cremated remains.

    (2)   The Planning Board must maintain, and revise as appropriate, an inventory of burial sites located in the County. The inventory must:

      (A)   include a map and a description of each burial site, including ownership information when available;

      (B)   be made available to the public electronically; and

      (C)   be updated at least annually or as information becomes available.

    (3)   The Planning Board must establish a procedure for additions or exclusions to the burial site inventory. The procedures must include an outreach program.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 33B. Pesticides.

### Article 1. General Provisions.

**Sec. 33B-1. Legislative findings and purpose.**

  (a)   The County Council finds that:

    (1)   pesticides have value when they are used to protect the public health, the environment, and our food and water supply;

    (2)   pesticides, by definition, contain toxic substances, many of which may have a detrimental effect on human health and the environment and, in particular, may have developmental effects on children;

    (3)   exposure to certain pesticides has been linked to a host of serious conditions in children including pediatric cancers, decreased cognitive function, and behavioral problems such as ADHD, and the following conditions in adults: Parkinson’s disease, diabetes, leukemia, lymphoma, lupus, rheumatoid arthritis, dementia, reproductive dysfunction, Alzheimer’s disease, and a variety of cancers including breast, colon, prostate and lung cancer;

    (4)   clean water is essential to human life, wildlife and the environment, and the unnecessary use of pesticides and herbicides for cosmetic purposes contributes to the deterioration of water quality, as substantiated by several studies including the 2014 USGS study which found that 90% of urban waterways have pesticide levels high enough to harm aquatic life;

    (5)   bees and other pollinators are crucial to our ecosystem, and the use of neonicotinoid insecticides, which have been repeatedly and strongly linked with the collapse of honey bee colonies, as well as harm to aquatic insects and birds, pose an unacceptable risk to beneficial organisms;

    (6)   there are non- and less-toxic alternatives and methods of cultivating a healthy, green lawn that do not pose a threat to public health, and that use of pesticides for cosmetic purposes is not necessary for the management of lawns, especially in light of the risks associated with their use;

    (7)   pesticide regulations at the federal and State level, and the risk assessments that inform them, do not mimic real world exposure scenarios and fail to account for synergistic or cumulative effects of multiple chemicals acting on the same pathway; do not include sufficient evaluation of a pesticide’s “inert” ingredients and the pesticide formulations that are sold to consumers; and often fail to take sensitive populations like children and pollinators into account;

    (8)   in the absence of adequate regulation at the federal or State level, the County is compelled to act to protect the health of children, families, pets and the environment.

  (b)   The purpose of this Chapter is to protect the public health and welfare and to minimize the potential pesticide hazard to people and the environment, consistent with the public interest in the benefits derived from the safe use and application of pesticides. The goal is to inform the public about pesticide applications and minimize the use of pesticides for cosmetic purposes, while not restricting the ability to use pesticides in agriculture, for the protection of public health, or for other public benefit.

**Sec. 33B-2. Definitions.**

  In this Chapter:

  Agriculture means the business, science, and art of cultivating and managing the soil, composting, growing, harvesting, and selling sod, crops and livestock, and the products of forestry, horticulture and hydroponics; breeding, raising, or managing livestock, including horses, poultry, fish, game and fur-bearing animals; dairying, beekeeping and similar activities, and equestrian events and activities.

  Children’s facility means a building or part of a building which, as part of its function, is regularly occupied by children under the age of 6 years and is required to obtain a certificate of occupancy as a condition of performing that function. Children’s facility includes a child day care center, family day care home, nursery school, and kindergarten classroom.

  Custom applicator means a person engaged in the business of applying pesticides.

  Department means the Department of Environmental Protection.

  Director means Director of the Department of Environmental Protection or the Director’s designee.

  Garden means an area of land used to cultivate food crops, flowers, or other ornamental plants.

  Lawn means an area of land, except agricultural land, that is:

    (1)   mostly covered by grass, other similar herbaceous plants, shrubs, or trees; and

    (2)   kept trim by mowing or cutting.

  Lawn does not include a:

    (1)   playing field;

    (2)   golf course;

    (3)   garden; or

    (4)   tree or shrub.

  Listed pesticide means:

    (1)   a pesticide the active ingredients of which are recommended by the National Organic Standards Board (NOSB) pursuant to 7 U.S.C. § 6518, as amended, and published as the National List at 7 C.F.R. §§ 205.601 and 205.602; or

    (2)   a pesticide designated a “minimum risk pesticide” under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) §

  Mulched recreation area means an area of land covered with natural or synthetic mulch or wood chips that is not a playground, but is open to the public for picnic or other recreation use.

  Neonicotinoid means a class of neuro-active pesticides chemically related to nicotine.  Neonicotinoid includes acetamiprid, clothianidin, dinotefuran, imidacloprid, nitenpyram, nithiazine, thiacloprid, and thiamethoxam.

  Pest means an insect, snail, slug, rodent, nematode, fungus, weed, or other form of plant or animal life or microorganism (except a microorganism on or in a living human or animal) that is normally considered to be a pest or defined as a pest by applicable state regulations.

  Pesticide means a substance or mixture of substances intended or used to:

    (1)   prevent, destroy, repel, or mitigate any pest;

    (2)   be used as a plant regulator, defoliant, or desiccant; or

    (3)   be used as a spray adjuvant, such as a wetting agent or adhesive.

  However, pesticide does not include an antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, used for cleaning that is not considered a pesticide under any federal or state law or regulation.

  Playground means an outdoor children’s play area that is on the premises of a children’s facility, school, apartment building or complex, common ownership community, or park. Playground includes a mulched path that is used to enter a children’s play area.

  Playing field means:

    (1)   an athletic field maintained by the Montgomery County Department of Parks; or

    (2)   an area of land on private property maintained exclusively for sporting use.

  Private lawn application means the application of a pesticide to a lawn on property owned by or leased to the person applying the pesticide.  Private lawn application does not include:

    (1)   applying a pesticide for the purpose of engaging in agriculture; or

    (2)   applying a pesticide around or near the foundation of a building for the purpose of indoor pest control.

  Registered pesticide means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to FIFRA for use in lawn, garden and ornamental sites or areas.

  Vector or disease vector means an animal, insect, or microorganism that carries and transmits an infectious pathogen into another organism.

  Waterbody means waters located within the County that are:

    (1)   subject to the ebb and flow of the tide; or

    (2)   free flowing, unconfined. and above-ground rivers, streams or creeks.

**Sec. 33B-3. Signs with retail purchase of pesticide.**

  A person who sells at retail a pesticide or material that contains a pesticide must:

  (a)   make available to a person who buys the pesticide or material that contains a pesticide:

    (1)   notice signs and supporting information that are approved by the Department;

    (2)   the product label or other information that FIFRA requires for sale of the pesticide; and

    (3)   materials approved or distributed by the Department that:

      (A)   explain the dangers of contamination that may occur from pesticide use; and

      (B)   inform buyers of the availability of alternative products; and

  (b)   display a sign or signs in each area of the retail establishment where registered pesticides are available to consumers, with language approved by the Department, that:

    (1)   informs buyers of the County law on the use of registered pesticides on lawns; and

    (2)   identifies pest control options that are permissible for lawn application under the law.

  The Department must enforce this Section and must annually inspect each person who sells at retail a pesticide or material that contains a pesticide.

**Sec. 33B-4. Storage and handling of pesticides.**

  Any person who sells at retail a pesticide or material that contains a pesticide must:

  (a)   transport, display, and store each pesticide in a secure, properly labeled container that resists breakage and leakage, and promptly clean up and either repackage or properly dispose of any pesticide that escapes from its container;

  (b)   display and store each pesticide separately from any food, medicine, or other product that a human being or animal may ingest; and

  (c)   transport each pesticide separately from any food, medicine, or other product that a human being or animal may ingest unless the pesticide is in a secure container that resists breakage and leakage.

  The Department, the Health and Human Services Department, and any other agency designated by the County Executive, must enforce this Section.

**Sec. 33B-5. Regulations.**

  (a)    The Executive must adopt regulations to carry out this Chapter under method (2).

  (b)    The Executive must include in the regulations adopted under this Section the minimum size or quantity, and type of pesticide subject to Section 33B-3.

  (c)   The Executive must include in the regulations adopted under this Section a list of invasive species that may be detrimental to the environment in the County.

  (d)   The Executive must review and update the list of invasive species designated under subsection (c) by July 1 of each year.

**Sec. 33B-6. Penalty for violating chapter.**

  (a)    Any violation of this Chapter is a class C violation.

  (b)    Each day a violation continues is a separate offense.

### Article 2. Notice Requirements.

**Sec. 33B-7. Notice about pesticides to customer.**

  (a)   In this Section:

    (1)   Customer means a person who makes a contract with a custom applicator to have the custom applicator apply a pesticide to a lawn.

    (2)   New customer includes a customer who renews a contract with a custom applicator.

  (b)   A custom applicator must give to a new customer:

    (1)   before application, a list of:

      (A)   the trade name of each pesticide that might be used;

      (B)   the generic name of each pesticide that might be used; and

      (C)   specific customer safety precautions for each pesticide that might be used; and

    (2)   after application, a list of:

      (A)   the trade name of each pesticide actually used; and

      (B)   the generic name of each pesticide actually used; and

    (3)   a written notice about pesticides prepared by the Department under subsection (c).

  (c)   The Department must prepare, keep current, and provide to a custom applicator a written notice about pesticides for the custom applicator to give to a customer under subsection (b).

  (d)   The notice prepared by the Department under subsection (c) must include:

    (1)   government agency phone numbers to call to:

      (A)   make a consumer complaint;

      (B)   receive technical information on pesticides; and

      (C)   get assistance in the case of a medical emergency;

    (2)   a list of general safety precautions a customer should take when a lawn is treated with a pesticide;

    (3)   a statement that a custom applicator must:

      (A)   be licensed by the Maryland Department of Agriculture; and

      (B)   follow safety precautions; and

    (4)   a statement that the customer has the right to require the custom applicator to notify the customer before each treatment of the lawn of the customer with a pesticide.

**Sec. 33B-8. Posting signs after application by custom applicator.**

  (a)   Immediately after a custom applicator treats a lawn with a pesticide, the custom applicator must place markers within or along the perimeter of the area where pesticides have been applied.

  (b)   A marker required under this Section must:

    (1)   be clearly visible to persons immediately outside the perimeter of the property;

    (2)   be a size, form, and color approved by the Department;

    (3)   be made of material approved by the Department;

    (4)   have wording with content and dimensions approved by the Department; and

    (5)   be in place on the day that the pesticide is applied.

**Sec. 33B-9. Posting signs after application by property owner or tenant.**

  (a)   A person who performs a private lawn application treating an area more than 100 square feet, or an area of any size within five feet of a property line, must place markers within or along the perimeter of the area where pesticides have been applied.

  (b)   A marker required under this Section must:

    (1)   be clearly visible to persons immediately outside the perimeter of the property;

    (2)   be a size, form, and color approved by the Department;

    (3)   be made of material approved by the Department; and

    (4)   have wording with content and dimensions approved by the Department; and

    (5)   be in place on the day that the pesticide is applied.

### Article 3. Application Restrictions.

**Sec. 33B-10. Prohibited applications.**

  (a)   On County-owned property and private property, except as provided in subsection (b), a person must not apply a registered pesticide other than a listed pesticide to:

    (1)   a lawn;

    (2)   a playground;

    (3)   a mulched recreation area;

    (4)   a children’s facility; or

    (5)   the grounds of a children’s facility.

  (b)   A person may apply any registered pesticide to:

    (1)   control weeds as defined in Chapter 58, Weeds;

    (2)   control invasive species listed in a regulation adopted under subsection 33B-5(c);

    (3)   control disease vectors;

    (4)   control biting or stinging insects or stinging plants;

    (5)   control organisms that threaten the health of trees or shrubs;

    (6)   maintain property as part of efforts by a public utility to comply with applicable vegetation management provisions of any federal, state, or local law or regulation;

    (7)   control indoor pests, if applied around or near the foundation of a building;

    (8)   control pests while engaged in agriculture; and

    (9)   control a pest outbreak that poses an imminent threat to human health or prevent significant economic damage if a registered pesticide is not used.

  (c)   If a pesticide is applied under paragraph (b)(9) of this Section, the person applying the pesticide must:

    (1)   within seven days after a pesticide is applied on private property, notify the Department of the application and the reasons for the use of the pesticide; or

    (2)   within 30 days after a pesticide is applied on County-owned property, inform the Council of the application and the reasons for the use of the pesticide.

**Sec. 33B-11. Outreach and education campaign.**

  (a)   The Executive must implement a public outreach and education campaign before and during implementation of the provisions of this Article.

  (b)   The outreach and education campaign must include the provision of the following resources:

    (1)   the NOSB National List or the Organic Materials Review Institute (OMRI) listed products which are the NOSB National list products categorized by use;

    (2)   FIFRA § 25(b) minimum risk pesticides, listed in 40 C.F.R. § 152.25(f); and

    (3)   guidance on best practices for organic and pesticide-free lawn care.

  (c)   The outreach and education campaign should include:

    (1)   informational mailers to County households;

    (2)   distribution of information through County internet and web-based resources;

    (3)   radio and television public service announcements;

    (4)   news releases and news events;

    (5)   information translated into Spanish, French, Chinese, Korean, Vietnamese, and other languages, as needed;

    (6)   extensive use of County Cable Montgomery and other Public, Educational, and Government channels funded by the County; and

    (7)   posters and brochures made available at County events, on Ride-On buses and through Regional Service Centers, libraries, recreation facilities, senior centers, public schools, Montgomery College, health care providers, hospitals, clinics, and other venues.

### Article 4. County Property and Parks.

**Sec. 33B-12. Neonicotinoid pesticides on County-owned property.**

  (a)   Prohibition.  Except as provided in subsection (b), a County employee or County contractor must not use a neonicotinoid pesticide on property owned by the County.

  (b)   Exceptions.

    (1)   A County employee or County contractor may use a neonicotinoid pesticide on County-owned property to control pests while engaged in agriculture.

    (2)   This Section does not apply to County-owned property that the Parks Department operates or manages for the County.

**Sec. 33B-13. Integrated pest management on County property.**

  (a)   Adoption of program.  The Department must adopt an integrated pest management program for all property owned by the County.

  (b)   Requirements.  Any program adopted under subsection (a) must require:

    (1)   monitoring the turf or landscape as appropriate;

    (2)   accurate record-keeping documenting any potential pest problem;

    (3)   evaluating the site for any injury caused by a pest and determining the appropriate treatment;

    (4)   using a treatment that is the least damaging to the general environment and best preserves the natural ecosystem;

    (5)   using a treatment that will be the most likely to produce long-term reductions in pest control requirements and is operationally feasible and cost effective in the short and long term;

    (6)   using a treatment that minimizes negative impacts to non-target organisms;

    (7)   using a treatment that is the least disruptive of natural controls;

    (8)   using a treatment that is the least hazardous to human health; and

    (9)   exhausting the list of all non-chemical methods and listed pesticides for the targeted pest before using any other treatments.

  (c)   The Department must provide training in integrated pest management for each employee who is responsible for pest management.

**Sec. 33B-14. County parks.**

  (a)   Policy.  It is the policy of Montgomery County to promote environmentally sensitive landscape pest management in its parks by phasing out the use of the most hazardous pesticides and reducing overall pesticide use while preserving landscape assets, maintaining functionality of playing fields, and protecting the health and safety of the public and County employees. To carry out this policy, the Parks Department must, subject to appropriation, implement the provisions of this Section.

  (b)   Pesticide-free parks.  The Parks Department must implement a pesticide-free parks program that, at a minimum, consists of:

    (1)   the maintenance of certain parks entirely without the use of registered pesticides other than listed pesticides;

    (2)   a program for reducing the use of registered pesticides other than listed pesticides on playing fields that includes:

      (A)   a pilot program consisting of at least five playing fields maintained without the use of registered pesticides other than listed pesticides that:

        (i)   is conducted in consultation with an expert in organic turf management, with experience in successful transitions from conventional to organic turf management; and

        (ii)   includes a publicly available plan describing the practices and procedures used;

      (B)   maintenance of all other playing fields using an integrated pest management program; and

      (C)   a plan submitted to the Council by September 2019 for transitioning to maintenance of all playing fields without the use of registered pesticides other than listed pesticides by 2020; and

    (3)   a public communication campaign to inform the public of the existence and progress of the pesticide-free parks program.

  (c)   Pesticide usage protocols.  The Parks Department must develop usage protocols which limit the use of registered pesticides other than listed pesticides to the maximum extent possible and, subject to the exceptions in subsection (d):

    (1)   do not permit the use of registered pesticides other than listed pesticides within 25 feet of a waterbody;

    (2)   except where immediate application is necessary to protect human health or prevent significant economic damage, include the posting of notice of each planned application of a registered pesticide other than a listed pesticide on the appropriate Parks Department website and in the area where the pesticide is to be applied, from at least 48 hours before application through at least 48 hours after application, that includes:

      (A)   the common name of the pesticide;

      (B)   the location of the application;

      (C)   the planned date and time of the application; and

      (D)   the reason for the use of the pesticide; and

    (3)   provide for pesticide application information required under paragraph (c)(2) to be made available to the public in real-time and in a manner consistent with the Montgomery County Open Data Act, Chapter 2, Article XIV of this Code.

  (d)   Exceptions.  The pesticide-free parks program and pesticide usage protocols may generally permit the application of a registered pesticide to:

    (1)   control weeds as defined in Chapter 58, Weeds;

    (2)   control invasive species listed in a regulation adopted under subsection 33B-5(c);

    (3)   control disease vectors;

    (4)   control biting or stinging insects or stinging plants;

    (5)   control organisms that threaten the health of trees or shrubs;

    (6)   remove weeds as part of the renovation of a playing field;

    (7)   control pests while engaged in agriculture; and

    (8)   otherwise protect human health or prevent significant economic damage.

  (e)   Reporting requirement.  The Parks Department must submit semi-annual reports to the County Executive and County Council on or before January 15 and July 15 of each year that:

    (1)   detail registered pesticide usage, other than listed pesticide usage, in County parks during the preceding year, including:

      (A)   the common name of each registered pesticide used;

      (B)   the location of each application;

      (C)   the date and time of each application; and

      (D)   the reason for each use of a registered pesticide;

    (2)   describe the status of the pesticide-free parks program implemented under this Section; and

    (3)   are available to the public in a manner consistent with the Montgomery County Open Data Act, Chapter 2, Article XIV of this Code.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 34. Plumbing and Gas Fitting.

### Article I. In General.

**Sec. 34-1. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Director: The Director of the Department of Permitting Services.

  Gas fitter: A registered, licensed master gas fitter who is authorized to install and supervise the installation of gas fitting work, but who is not authorized to do plumbing work.

  Gas fitting: The work, beginning at the outlet of the meter, of putting together, installing, connecting and the maintenance and repair of any piping, fitting, fixtures or other appliances which are to contain gas for heat, light or power, including attachments and appurtenances.

  Install, repair or maintain: The installation, repair or maintenance of any plumbing or gas fitting equipment or part thereof, including alterations, renewals or extensions of the same.

  Journeyman gas fitter: A registered, licensed journeyman gas fitter, working under the supervision of a master gas fitter in the installation of gas fitting work. A journeyman gas fitter may not do plumbing work.

  Journeyman plumber: A registered, licensed journeyman plumber, working under the supervision of a master plumber in the installation of plumbing and gas fitting work.

  Plumber: A registered, licensed master plumber who is authorized to install and supervise the installation of plumbing and gas fitting work.

  Plumbing: The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures and other apparatus on private property for bringing in the water supply to and removing the liquid and water borne wastes from the premises; also such similar work when done under legal permit in the public ways by private persons.

**Sec. 34-2. Regulations-Adopted.**

  The council hereby adopts as the plumbing and gas fitting regulations of the county all those regulations, as amended, as of the effective date of this section, which have been adopted by the Washington Suburban Sanitary Commission, under the authority of chapter 122, Acts of 1918, General Assembly of Maryland, or under the authority of chapter 256, Acts of 1955, General Assembly of Maryland, as amended, known and designated as "The Plumbing and Gas Fitting Regulations of the Washington Suburban Sanitary District" (such plumbing regulations are dated February 16, 1954), with such amendments as are specified in this article.

**Sec. 34-3. Same-Application.**

  The regulations adopted by section 34-2 shall not apply within the Maryland-Washington Metropolitan District, or the Washington Suburban Sanitary District to the extent that the Washington Suburban Sanitary Commission has authority to adopt or has adopted equivalent regulations for such respective districts; nor shall such regulations be in effect within any special taxing area to the extent that such special taxing area has authority to adopt equivalent regulations; provided, that, if the governing body of such area adopts these or equivalent regulations and requests the county to provide for the administration and enforcement of the same within such special taxing area, the county executive is hereby directed to administer the regulations within such area.

**Sec. 34-3A. Same-Floodplain regulations.**

  Every new or replacement community and multiuse water supply system or sanitary sewerage system must be designed and floodproofed:

  (a)   To eliminate or minimize infiltration of flood waters into the system and discharges from the system into flood waters; and

  (b)   To avoid impairment during flooding and to minimize flood damage.

**Sec. 34-4. Same-Certain terms defined.**

  (a)   Commission. Wherever, in the regulations adopted by Section 34-2 the word "Commission" refers to a water supply and sewerage service public utility, the word includes any other authorized water and sewer public utility in the County. Where the word "Commission" refers to a governing body of a municipal corporation, it means the "County Council" or "County."  Where the word "Commission" refers to an enforcement or inspection agency or an administrator of regulations, it means the County Executive or the Director of Permitting Services and their authorized agents.

  (b)   Plumbing inspector, etc. Wherever the terms "chief of the plumbing division," "plumbing office," "plumbing inspector," "plumbing division" or the like are employed, they shall be read as the "Director" or his "agents," as the case may be.

**Sec. 34-5. Same-Amendments to plumbing regulations.**

  The plumbing regulations adopted by Section 34-2 are amended as follows:

  (a)   Chapter II. In Chapter II, Title "general provisions," sections 201, 202, 204.1, 208, 209, 210, 211, 212, 213.1.1(b), 214.3, 214.3.2, 214.3.1, 215, 216, 217, 219, 220 and 221 are deleted.

  (b)   Chapter III. In Chapter III, Title "registration of plumbers," Sections 301, 302, 303.3, 303.4, 303.4.1, 303.5, 303.6, 304.3, 304.3.1, 304.4, 304.5, 305, 307, 308, 309, 310, 311, 312, 313 and 314 are deleted.

  (c)   Chapter IV. In Chapter IV, Title "applications and permits," section 402.2 and all of section 408.4; all subsections under 409.1; subsections 409.2 and 409.3; and under 409.4, subsections 409.4.7 and 409.4.8 only are deleted. Section 403 is amended by adding a new paragraph immediately following the first paragraph to read as follows:

"When duplicate plans for new construction or alteration of buildings are submitted to the Department of Permitting Services under the building code, and the plans include all necessary plumbing and mechanical detail, separate plumbing plans need not be submitted under this Section. The Department of Permitting Services approves or corrects the plumbing details on the building plans, and issues the permit."

  (d)   Chapter V. In Chapter V, Title "work on private property--property line to building," the following amendments are adopted:

    (1)   Delete sections 502, 502.1 and 511.

    (2)   Section 503.1 is amended to read as follows:

    "503.1 The plumber must not construct on private property any underground work until the Commission has built its water and sewer house connections to the property line, except as hereinafter provided. Inquiry must be made at the plumbing office as to the location of the water and sewer connections at the property line or at the Department of Permitting Services as to the location of the sewage disposal system before any water or sewer pipes are extended through building walls by the plumber. No change may be made by the Commission in the proposed location of its water and sewer connections or sewage disposal system if a plumber has placed pipes in a location that does not meet the connections. Any work done contrary to this requirement must be at the sole responsibility of the plumber making the installation and the plumber must dig up and relay, at the plumber's own expense, any work which cannot be properly connected to the public water and sewer system or to any individual sewage disposal system."

    (3)   Section 504.1.2.1 is hereby repealed and re-enacted with amendments to read as follows:

    "504.1.2.1 Building water services 3 inches or under in diameter shall be either Type ‘K’ copper water tubing; polyethylene, provided it complies with commercial standard C.S. 197-59, published by the Department of Commerce; ‘genuine’ galvanized wrought iron or brass pipe, of standard iron pipe gauge, or as hereinafter specified, for sizes up to and including three-inch. However, in case Type ‘K’ copper tubing is unavailable, Type ‘L’ copper tubing may be used in case of emergency. Sizes for above three-inch diameter shall be of cast iron pressure pipe, suitable for the conditions to which it will be subjected."

    (4)   Section 504.2.2, Title "material," is hereby repealed and re-enacted with amendments to read as follows:

  "504.2.2 Material.

  "Acceptable materials, all as hereinafter specified, for building sewers in various sizes, are as follows:

Diameter | Kind of Pipe
4-inch | Cast iron; asbestos cement; or bituminized fiber drain and sewer pipe provided it complies with commercial standard C.S-116-54 published by the Department of Commerce or Federal Specifications SS-p-356 dated April 6, 1955, published by the General Services Administration.
6-inch | Cast iron, concrete, vitrified clay or asbestos cement.
8-inch | Cast iron, concrete or vitrified clay."

  (e)   Chapter VI. In Chapter VI, Title "work on private property inside building," the following amendments are adopted:

    (1)   Section 604.7 is amended to read as follows:

  "604.7 Bar sinks and soda fountain sinks shall discharge indirectly as outlined above. Laboratory sinks may be directly connected to the drainage system, being properly tapped and vented, or they may discharge indirectly as outlined above. For two-inch traps the vent may be 4 feet distant (developed length); for three-inch traps, 6 feet, and for four-inch traps, 8 feet. Drip pipes from not more than 3 sinks or other waste receptacles may discharge into such a connection."

    (2)   Section 604.8 is amended to read as follows:

  "604.8 Drinking fountains shall be indirectly connected."

    (3)   Section 605.1.1 is amended by adding a new sentence following the word "therein" at the end of the first paragraph to read as follows:

  "Floors of such rooms shall be constructed of such material and in such manner as to be impervious to water."

    (4)   Delete sections 617.6 and 617.7.

    (5)   Section 618, Title "swimming pools" and all subsections thereunder are hereby deleted and there is inserted in lieu thereof the following to read:

  "618. Swimming Pools.

    "618.1 Duplicate plans for construction which are required to be submitted to the Division of Building Inspection by other County regulations must contain the layout of all piping with sizes indicated, methods of waste disposal, the sources of water supply and all other pertinent data for review by the plumbing office.

    "618.2 All work performed must comply with these regulations and the following minimum requirements must be observed:

      "618.2.1 All pools and appurtenances must be drainable by means of gravity or installed pump. The discharge must be through an air gap or adjacent to a relief point open to the air which is at a lower elevation than the pool bottom.

      "618.2.2 The disposal of waste water must be approved by the Health and Human Services Department. The plumbing office must approve waste connections to the building system or the sanitary sewer system. Connections to the sanitary sewer system must be made only from pools lined with nonsloughing material and through a pipe no larger than 2 inches in diameter. Provision must be made to direct accumulated rain water into channels other than the sanitary sewer system. In hardship cases, the plumbing office may make exceptions to this provision.

      "618.2.3 The domestic water supply or an independent water supply must be connected to the pool or its appurtenances only through an air gap, except that chlorinators may be fed from the water supply system through double check valves.

      "618.2.4 All pool water supply piping and recirculation piping up to the waste sump, except the face piping supplied with the filters, must be of copper type ‘K’; polyethylene, provided it complies with commercial standard C.S. 197-59, published by the Department of Commerce; galvanized wrought iron or cast iron. Cast iron pipe used for main drains under the pool must be

extra heavy with leaded joints. Any piping used as channel and poured solidly into the concrete walls need not be cast iron. All piping must be drainable for winterizing purposes."

    (6)   Section 621, Title "manure pits," is amended by adding a new sentence after the last word "division" thereof to read as follows:

"   This shall not apply to agricultural uses."

    (7)   All of subsection 623.8 and subparagraphs thereunder are deleted.

  (f)   Chapter VII. In Chapter VII, "industrial and other special wastes," the following amendments are adopted:

    (1)   Section 701.1 is amended to read as follows:

  "701.1 Waste to be treated. Provision shall be made for the treatment of industrial and other special wastes."

    (2)   Delete Section 702.14.

  (g)   Chapter IX. In Chapter IX, Title "inspection," Section 903 is amended to read as follows:

  "903. Improper workmanship. Improper workmanship shall be remedied and unsatisfactory material shall be replaced, as ordered by the Director or plumbing division. When this has been done the work shall be again inspected before being covered. In case of failure or refusal to comply with these regulations, the Director may invoke Sections 14, 15, or 16 of the licensing ordinance.

**Sec. 34-6. Same-Amendments to gas fitting regulations.**

  The gas fitting regulations adopted by section 34-2 are hereby amended as follows: In chapter II, sections 201.1, the first paragraph of 201.21, 201.4, 201.5, 202.1, 202.2, 202.33, 202.34, 202.35, 202.43, 202.5, 202.7, 202.8, 202.9, 202.10, 202.11, 202.12, 202.13, and 202.14 are hereby deleted.

**Sec. 34-7. Same-Violations.**

  Plumbers and gas fitters will be held responsible for the violation of such parts of the regulations adopted by section 34-2 as concern them, whether by themselves or their employees or agents. Under no circumstances whatever shall verbal permission given at any time by anyone be considered as a justification for any deviation from or a violation of such regulations.

**Sec. 34-8. Who may do plumbing and gas fitting work.**

  Water supply, sewerage, plumbing and gas fitting work on private property, with the exception of excavating and refilling trenches, outside work in the installation of septic tanks, septic tank cleaning and well drilling, shall be done by a master plumber-gas fitter or by a journeyman plumber under the supervision of a master plumber-gas fitter, both of whom shall be registered as specified in this chapter. Every person or at least one member of every firm or one officer of every corporation, doing or contracting to do plumbing or gas fitting work shall be a registered master plumber or master gas fitter. Every plumber or gas fitter working as a journeyman shall have a journeyman's registration card issued under this chapter.

**Sec. 34-9. Gas appliance servicemen-Right to connect and disconnect appliances.**

  Gas appliance servicemen not qualified for registration under this chapter as a master gas fitter or journeyman gas fitter, and whose activities are limited to the repair of gas appliances for electrical or mechanical defects and not gas fittings or gas-operated parts of an appliance, are hereby authorized, for the purposes of repair and service only, to disconnect the appliance from the gas line and reconnect such appliance, subject to the conditions set out in sections 34-10 to 34-12.

**Sec. 34-10. Same-Registration.**

  Every gas appliance serviceman who desires to perform any work authorized by Section 34-9 must apply to the Department of Permitting Services for a limited gas appliance serviceman's registration card. The card must be renewed annually and must be issued upon payment of a registration fee of $3. Before a card is issued, the applicant must show by examination a thorough knowledge of all safety measures in temporary disconnecting and reconnecting of gas appliances from the gas pipe line, or furnish proof of training or experience with a reputable company in such limited gas fitting work. The work must be performed in accordance with applicable gas fitting regulations. A person registered under this Section must not perform any gas fitting work except as provided in this Section and the registration card must specifically state the extent of gas fitting work which that person may perform.

**Sec. 34-11. Same-Bond.**

  Any firm, company, association, corporation or partnership in the business of gas appliance repair or employing gas appliance servicemen shall post a single bond annually in the amount of one thousand dollars ($1,000.00) under the terms and conditions of section 34-17, which bond shall cover all servicemen employed by the company. Individual servicemen, not employees, shall post a bond of five hundred dollars ($500.00) under such section.

**Sec. 34-12. Same-Applicability of sections 34-16 to 34-20.**

  All applicable provisions of sections 34-16 to 34-20 shall apply to firms and servicemen posting bonds and registered under this article.

**Sec. 34-13. Administration of chapter; right of entry.**

  (a)   This Chapter is administered by the Director of Permitting Services.

  (b)   The Director and his authorized agents shall have the right of entry, at all reasonable hours, upon any private premises or building within the County in pursuit of their official duties under this Chapter and any restraint or hindrance offered to such entry by any owner or tenant of the owner or tenant, shall be punishable under Section 1-6.

**Sec. 34-14. Application of chapter.**

  (a)   The provisions of this chapter shall apply in the county to plumbing work performed outside of the Washington Suburban Sanitary District, as now created by law, or with any extensions or additions thereto, and to gas fitting work performed outside of the Maryland-Washington Metropolitan District, as now created by law, or with any extensions or additions thereto. This chapter shall not apply to any plumbing or gas fitting installations installed by the Washington Suburban Sanitary Commission.

  (b)   Nothing in this chapter, except as herein specified, shall be construed to exempt any plumbing or gas fitting work in the county from complying with the requirements of the "plumbing and gas fitting regulations" of the Washington Suburban Sanitary Commission.

  (c)   Private water supply and sewage disposal systems for which a permit has been issued by the county or state health departments shall be exempt from the provisions of this chapter.

**Sec. 34-15. Violations, penalty and injunctive remedies.**

  Any person who shall violate any of the provisions of this chapter or the plumbing and gas fitting regulations adopted by section 34-2 shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

### Article II. Registration and Licensing of Plumbers and Fitters.

**Sec. 34-16. License required.**

  It shall be unlawful for any person to install, repair or maintain any plumbing or gas fitting equipment unless such person shall have obtained a license as provided for in this article.

**Sec. 34-17. Issuance of license; bond of applicant.**

  Applicants holding a current, valid license issued by the Washington Suburban Sanitary Commission, or from the state board of commissioners of practical plumbing, may obtain a plumber's or gas fitter's license from the Department of Permitting Services upon delivery to the County of a corporate bond executed by a surety or guaranty company qualified to transact business in the state in the amount of $1,000; except that a journeyman need not furnish this bond. Bonds must run to the County, and must be conditioned on the licensee performing all work done by the licensee in the County in accordance with applicable plumbing and gas fitting regulations. The County has no responsibility nor may the County pass judgment in any financial or other controversy between the master plumber or gas fitter and the public under the bond or under any circumstances.

**Sec. 34-18. Registration generally-Fees; issuance of cards generally.**

  Applicants for a license under this Article must apply for registration with the Department of Permitting Services. Applicants applying for registration as a master plumber, master gas fitter or master plumber-gas fitter, must pay to the County a fee of $5 at the time of filing an application on a form provided by the Department. At the time of filing an application for a journeyman plumber's license or journeyman gas fitter's license, the applicant must pay to the County a fee of $3. The fees are not returnable under any circumstances. After qualification and payment of the required fee, including in the case of master plumbers or gas fitters the presentation of a current trader's license, and approval of the bond as specified in this Article, the Department must place the name of the master plumber or gas fitter, along with other pertinent data, on the Department's register and issue a card designating "master plumber" or "master plumber-gas fitter" or "master gas fitter" or "journeyman plumber" or "journeyman gas fitter" to the applicant.

**Sec. 34-19. Same-Qualifications for registration.**

  The qualifications for registration as a plumber or journeyman shall be the same as set forth in sections 303.1, 303.2, 303.5, 304.1, 304.2, 304.4, and 306 of the plumbing regulations adopted by section 34-2 and the qualifications for registration as a gas fitter or journeyman shall be set forth in sections 202.31, 202.32, 202.42, and 202.6 of the gas fitting regulations adopted by section 34-2.

**Sec. 34-20. Same-Registration cards to be issued to individuals only; holders to represent one firm only.**

  Registration cards will not be issued under this article to a firm or corporation, but only to an individual master plumber or master gas fitter who shall then be considered as the responsible representative of the firm or corporation. A master plumber or gas fitter may represent only one firm or corporation.

**Sec. 34-21. Same-Cards to be carried on person.**

  The registration card issued under this article shall be kept on the person of the licensee at all times while he is engaged in plumbing or gas fitting work.

**Sec. 34-22. Same-Work authorized by card.**

  The holder of a plumber's registration card as provided for in this article permits the performance of gas fitting in accordance with the gas fitting rules and regulations as well as plumbing work. However, gas fitters will be permitted to do gas fitting work only.

**Sec. 34-23. Same-Transfer of card.**

  A registration card issued under this article may not be transferred under any circumstances. A registration card issued to any member of a firm or officer of a corporation shall become void upon the dissolution of the firm or corporation, and a new registration card shall be necessary for the party to continue in business.

**Sec. 34-24. Same-Misuse of registration.**

  No plumber or gas fitter shall allow his name or registration to be used by any other person for obtaining permits, doing work or for any purpose whatsoever.

**Sec. 34-25. Display of license; duplicates.**

  Holders of licenses issued under this article shall display the same in a prominent place at their place of business and, upon demand, shall give the number of the license to any person who shall demand the same.

  If any license issued under this article is lost, defaced or destroyed, the licensee may obtain a duplicate upon application to the director and payment of a fee of one dollar ($1.00).

**Sec. 34-26. Licenses from other jurisdictions not honored.**

  Plumbing or gas fitting licenses or certificates from any other state, territory or the District of Columbia will not be honored.

**Sec. 34-27. Expiration and renewal of licenses.**

  Licenses issued under this article shall expire on May 31 of each year and may be renewed upon application to the director. Applicants for renewal of a master plumber's or master gas fitter's license shall pay to the county, at the time of filing such application, a fee of five dollars ($5.00), and for a journeyman's license, three dollars ($3.00).

**Sec. 34-28. Procedure when licensee changes associates, etc.**

  If a master plumber or gas fitter goes out of business, takes other associates into the business with him or if an organization with which he is associated changes, he shall promptly notify the director, in writing, of that fact, and his registration card shall become void. Before entering into a new business organization, he will be required to re-register and take out a registration card in the same manner and at the same cost as at the time of the original registration.

**Sec. 34-29. Withholding permits from licensees, etc.**

  Permits may be withheld, at any time, from any licensee who violates the regulations adopted by section 34-2, performs generally unsatisfactory work, refuses to remedy defective work or who refuses or neglects to compensate the county for damage caused to its property, or to discharge any other indebtedness to the county. In addition, the county may call upon his bonding company for such indemnity as may be necessary.

**Sec. 34-30. Revocation or suspension of license; appeals.**

  The director may revoke or suspend any license issued under this article if he finds that the licensee has given false information on his application for license or renewal of license or has violated any provision of this chapter or any provision of the plumbing and gas fitter's regulations adopted by section 34-2.

  If any licensee shall have his state registration revoked or his registration revoked with the Washington Suburban Sanitary Commission, his registration with Montgomery County shall immediately become void.

  Before revoking or suspending any license, except when the same has been revoked by the state or the Washington Suburban Sanitary Commission, the director shall afford the licensee an opportunity for a hearing to show cause why his license should not be revoked or suspended. The director shall give such licensee at least ten (10) days' notice of such hearing by registered mail and such notice shall state the complaint and alleged violation.

  Any person who believes himself aggrieved by any action of the director under this section may appeal to the county board of appeals by filing a notice of such appeal with the clerk of the board of appeals within not more than ten (10) days after receiving notice of the action of the director.

**Sec. 34-31. Exemptions from article.**

  Any master plumber, gas fitter, journeyman plumber or journeyman gas fitter regularly employed for public work or by any institution, industrial establishment or public utility shall be exempt from this article, but he shall not carry on any outside business of plumbing or gas fitting unless he complies with this article. The plumbing or gas fitting business so carried on shall be in strict accordance with the plumbing and gas fitting regulations.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 35. Police.

### Article I. In General.

**Sec. 35-1. County police subject to control by director of police.**

  The members of the county police are hereby required to report to the director of the county police immediately after their appointment and qualification and shall be at all times under the supervision and orders of such director.

**Sec. 35-2. Law Enforcement Trust and Transparency Act.**

  (a)   Definitions. As used in this Section:

    Department means the Montgomery County Department of Police.

    Law enforcement agency means a government agency charged with enforcing Federal, State, or County law.

    Officer involved death means the death of an individual resulting from an action by a police officer or while the individual is in police custody.

    Police officer means a sworn officer employed by the County Department of Police.

    State’s Attorney means the State’s Attorney for Montgomery County.

  (b)   Independent investigation required. Except as provided in subsection (f), the Executive must ensure that an independent investigation is performed for each officer involved death. The independent investigation must be led by at least 2 sworn independent investigators:

    (1)   who are not employed by the County or the State’s Attorney;

    (2)   who have significant experience and expertise in conducting homicide and law enforcement officer use of force investigations; and

    (3)   work for a:

      (A)   local law enforcement agency located outside of the County;

      (B)   Federal law enforcement agency; or

      (C)   State law enforcement agency.

  (c)   Report. The independent investigators must submit a final written report to the State’s Attorney.

  (d)   Publication of the investigation report.

    (1)   Except as provided in paragraph (2), the written report must be released to the public to the extent permitted by law:

      (A)   if no criminal charges are filed against the police officer; or

      (B)   after the conclusion of any criminal case against the police officer.

    (2)   The custodian of the report may deny inspection of any part of the written report if it would:

      (A)   interfere with a valid and proper law enforcement proceeding;

      (B)   deprive a person of a right to a fair trial or an impartial adjudication;

      (C)   constitute an unwarranted invasion of personal privacy;

      (D)   disclose the identity of a confidential source;

      (E)   disclose an investigative technique or procedure;

      (F)   prejudice an investigation; or

      (G)   endanger the life or physical safety of an individual.

    (3)   This subsection must apply to a written investigation report prepared by the independent investigators or a report prepared by the Department if the Executive is unable to obtain an independent investigation.

  (e)   Internal investigation. This Section must not be interpreted to prohibit:

    (1)   an internal administrative review of the incident by the Department for possible discipline of a police officer pursuant to the Law Enforcement Officers’ Bill of Rights, MD Public Safety Code, §§3-101 to 3-113, as amended; or

    (2)   the Department from:

      (A)   responding to the crime scene to perform routine police duties to protect members of the public and members of the Department; or

      (B)   providing support and assistance to the independent investigators leading the investigation as requested by the independent investigators.

  (f)   Reporting. If, after making good faith efforts, the Executive is unable to enter into an agreement with another law enforcement agency to perform the required independent investigation, the Executive must submit:

    (1)   a report to the Council on or before January 1, 2020:

      (A)   explaining all efforts made to secure an agreement with another law enforcement agency; and

      (B)   recommending changes to the law to support its goals; and

    (2)   updates to the Council every 90 days beginning on April 1, 2020 explaining continuing efforts to secure an agreement.

**Sec. 35-3. Powers and duties of director.**

  (a)   Chief executive officer. The director of police is the chief executive officer of the department of police and in the exercise of official duties the director shall be subject to such orders, rules and regulations as may be issued by the county executive from time to time and shall be responsible to the county executive for the proper and efficient conduct, control and discipline of the department of police.

  (b)   Law enforcement. The director of police shall take such measures as will ensure prompt and vigorous enforcement of all criminal statutes, laws, regulations and ordinances, enforcement of which comes properly within the scope of the police function and power.

  (c)   Adoption of regulations, orders, etc., generally. The director of police shall adopt, under method (2) of section 2A-15 of this Code, all regulations for the county which pertain to the work of the department of police. The director shall issue such additional instructions and adopt such orders and administrative procedures, not inconsistent with law, as deemed proper in the exercise of the functions of chief executive officer of the department of police.

  (d)   Duty assignments, etc. The director of police shall order and direct such assignments to duty, detail and transfers as deemed necessary in the interest of public service.

  (e)   Fires, riots, etc. The director of police shall maintain contact with supervisors on the scene of any large fire within the jurisdiction of the county police and at the scene of any riot, tumultuous assemblage, catastrophe or other unusual occurrence where the services of large details of police are necessary and shall take command of the police and direct their efforts in the work at hand through his/her supervisors.

  (f)   Operation of department generally. The director of police shall exact from all members of the police unquestioned loyalty, unfailing energy and strict obedience and shall take prompt action in prosecuting any member guilty of interfering with, or in any manner impeding, the orderly and efficient operation and conduct of the department of police.

  (g)   Charges against members. The director shall refer all charges properly filed with the director or the department against any member of the police to the office of internal affairs.

  (h)   Instruction and training. The director of police shall order and direct the instruction and training for the members of the police.

  (i)   Inspections. The director of police shall develop and implement policies and procedures within the department of police which will ensure an inspection program function at every level of management responsibility. The inspection program will encompass personnel, facilities and property, resource management and operations.

  (j)   Reports and recommendations. The director of police shall make a written report annually to the county council and county executive as to the operation of the department of police, for the fiscal year ending June 30, and shall submit recommendations for improvements, and shall make such other general and special reports as may be required.

  (k)   Notice of appointments, transfers, separations, etc. The director of police shall promptly notify the county personnel board of all appointments, transfers, promotions, demotions, suspensions and separations from the department of police.

**Sec. 35-4. Headquarters and substations-Generally.**

  The county executive is hereby authorized to establish and maintain within the county headquarters and substations of the county police and to fix the locations thereof. The present headquarters and substations of such police shall continue to be maintained unless otherwise provided by the county executive.

**Sec. 35-5. Takoma Park reimbursement.**

  (a)   If the County does not provide police protection in the City of Takoma Park, and the City provides its own citywide police protection, reimbursements to the City for police services must be the greater of the amount calculated under Section 30A-3 or $4,020,521.

  (b)   If the County resumes police services in the City of Takoma Park after a fiscal year begins, the amount paid under subsection (a) must be prorated according to the number of days in that fiscal year that the County provides the services.

  (c)   Nothing in this Section limits the jurisdiction of the County police in the City of Takoma Park.

**Sec. 35-6. Advisory Commission on Policing.**

  (a)   Definitions. In this Section the following words have the meanings indicated:

    Commission means the Advisory Commission on Policing.

    Department means the Montgomery County Police Department.

    Institutional members are: (A) the Police Chief or the Police Chief’s designee; and (B) the President of an employee organization certified under Article V of Chapter 33 or the President’s designee.

  (b)   Established. County Council must appoint an Advisory Commission on Policing.

  (c)   Composition and terms of members.

    (1)   The Commission has 15 members consisting of 13 public members and 2 institutional members.

    (2)   The Council must appoint all members. Except for the institutional members, every other member should represent a community organization operating in the County or be an individual. Each Councilmember must nominate one public member. If there is a vacancy on the Commission and the Councilmember who appointed the Commissioner is no longer on the Council, then the Councilmember’s successor must appoint the public member to fill the vacancy.

    (3)   Of the public members:

      (A)   one member, known as the youth member, must be 25 years of age or younger at the time of appointment;

      (B)   one member, known as the young adult member, must be 26-35 years of age at the time of appointment; and

      (C)   both the youth member and young adult member must be nominated by the County Executive.

    (4)   The public members appointed under paragraphs (2) and (3) should:

      (A)   reflect a range of ethnicities, socioeconomic status, and places of origin to reflect the racial and economic diversity of the County’s communities, including religious creed, age, sex - including on the basis of gender identity or orientation, disability, and geographic location, with emphasis on those disproportionately impacted by inequities; and

      (B)   have an interest or expertise in policing matters.

    (5)   The term of each member is 3 years. A member must not serve more than two consecutive full terms. A member must continue in office until a successor is appointed and qualified. After an appointment to fill a vacancy before a term expires, the successor serves a three-year term.

  (d)   New member orientation. Every new member must participate in an orientation program consisting of a menu of training opportunities determined by the Chair in consultation with staff.

  (e)   Voting, officers, meetings, and compensation.

    (1)   Except the institutional members, all members of the Commission are voting members.

    (2)   The Commission must elect a Chair and Vice-Chair from among its voting members.

    (3)   The Commission meets at the call of the Chair. The Commission must meet as often as necessary to perform its duties, but not less than 6 times each year.

    (4)   A member must serve without compensation. However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (f)   Duties. The Commission must:

    (1)   advise the Council on policing matters;

    (2)   provide information regarding best practices on policing matters;

    (3)   recommend policies, programs, legislation, or regulations;

    (4)   comment on matters referred to it by the Council;

    (5)   conduct at least one public forum each year for community input on policing matters;

    (6)   accept correspondence and comments from members of the public, except that the Commission must forward to the Police Advisory Board complaints involving police misconduct and discipline that fall under the jurisdiction of the Police Advisory Board pursuant to Section 35-24; and

    (7)   engage in public education.

  (g)   Requests for information. The County, including the Police Department, should respond to Commission requests for information within 30 days after the County receives the request.

  (h)   Annual Report. By July 1 each year, the Commission must submit to the Executive and the Council an annual report on its functions, activities, accomplishments, and plans and objectives.

  (i)   Advocacy. The Commission must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (j)   Staff. The Executive Director of the Office of the County Council must provide appropriate staff to the Commission.

  (k)   The Commission is not a regulatory or disciplinary body over any law enforcement agency.

**Sec. 35-6A. Community Policing.**

  (a)   Legislative findings.

    (1)   The United States Department of Justice advises that:

      (A)   strong relationships of mutual trust between police agencies and the communities they serve are critical to maintaining public safety and effective policing;

      (B)   police officials rely on the cooperation of community members to provide information about crime in their neighborhoods, and to work with the police to devise solutions to crime and disorder problems; and

      (C)   community members’ willingness to trust the police depends on whether they believe that police actions reflect community values and incorporate the principles of procedural justice and legitimacy.

    (2)   The Police Executive Research Forum hosted a national meeting of police and community leaders. The following key issues and recommendations were determined to be useful to help police departments and their communities to develop collaborative strategies for moving forward. Police departments should:

      (A)   acknowledge and discuss with communities the challenges local police departments face;

      (B)   be transparent and accountable;

      (C)   take steps to reduce bias and improve cultural competency;

      (D)   maintain focus on the importance of collaboration and be visible in the community; and

      (E)   promote internal diversity and ensure professional growth opportunities.

  (b)   Community policing guidelines.  To further community policing objectives:

    (1)   officers must strive to regularly initiate and engage in positive nonenforcement activities with their communities;

    (2)   the Department must ensure cultural competency throughout the Department and increase officer knowledge of the County’s diverse population;

    (3)   the Department must emphasize the recruitment of candidates with ties to the County;

    (4)   the Department must increase community outreach initiatives and officers must attend community events on behalf of the Department;

    (5)   the Department must provide adequate training in de-escalation tactics;

    (6)   the Police Chief must designate a liaison to each population that is disproportionately impacted by inequities, as appropriate; and

    (7)   the Department must incorporate mental health and positive youth development initiatives in partnership with County departments, agencies, and community-based organizations.

  (c)   Reporting requirements.

    (1)   By April 1 each year, the Montgomery County Department of Police must report the following information to the Executive and Council for the prior calendar year:

      (A)   information about the demographic makeup of the Department, including:

        (i)   the total number of sworn police officers in the Department;

        (ii)   the total number of sworn racial minority police officers in the Department by race and ethnicity;

        (iii)   the total number of sworn female police officers in the Department;

        (iv)   the number of sworn police officers in the Department that reside in the County; and

        (v)   any other demographic information voluntarily provided by sworn police officers;

      (B)   the number of recruiting events the Department sponsored or participated in the County;

      (C)   the number of instances of use of force that resulted in an injury when the injury occurred as a direct result of an officer’s actions;

      (D)   the number of civilian complaints about the use of force by an officer;

      (E)   the  number of civilian complaints regarding discrimination and harassment;

      (F)   the number of officers who were suspended with pay;

      (G)   the number of officers who were suspended without pay;

      (H)   the percentage of patrol officers who were assigned to neighborhood patrols;

      (I)   the number of youth under the age of 18 years referred to intervention programs by officers;

      (J)   data, in the manner prescribed by the Director of the Department of Health and Human Services, regarding the number of calls for service involving substance abuse, the responses to those calls, and the outcomes of those calls;

      (K)   data, in the manner prescribed by the Director of the Department of Health and Human Services, regarding the number of calls for service involving mental health issues, the responses to those calls, and the outcomes of those calls;

      (L)   demographic information regarding individuals stopped (including a stop and frisk that does not result in a citation or arrest), searched, cited, arrested, or the subject of a use of force incident by the Department, including:

        (i)   race;

        (ii)   ethnicity;

        (iii)   gender;

        (iv)   age; and

        (v)   any other demographic information voluntarily provided by the detainee;

      (M)   demographic information regarding individuals subject to a field interview, including:

        (i)   race;

        (ii)   ethnicity;

        (iii)   gender;

        (iv)   location;

        (v)   age; and

        (vi)   any other demographic information voluntarily provided by the detainee;

      (N)   a description of the Department’s training standards and practices, including training and practices related to de-escalation;

      (O)   a description of the Department’s community policing efforts, including community policing programs, participation in town hall meetings, and efforts to engage with schools, recreation centers, community centers, and senior centers;

      (P)   the number of officers subject to each type of officer discipline;

      (Q)   the number of violations of the use of force policy, and the number of officers found to have violated the use of force policy;

      (R)   the number of investigations conducted by the Internal Affairs Division of the Department;

      (S)   with respect to civilian complaints, the number of complaints per police district, the number of officers against whom the complaints were made, and the outcomes of the complaints;

      (T)   the number of overtime hours worked per police district; and

      (U)   data, in the manner prescribed by the Director of the Department of Health and Human Services, regarding the number of service calls involving a homeless individual, the responses to those calls, and the outcomes of those calls.

    (2)   The Council annually must hold a public hearing regarding the report submitted under paragraph (1).

    (3)   Subject to state and federal law, the Department must maintain the following public datasets, to include race, gender, age, and ethnicity data, and data by police district, division, and bureau, on the web portal identified in Article XIV of Chapter 2:

      (A)   use of force incidents;

      (B)   field interview reports;

      (C)   juvenile citations;

      (D)   criminal citations, including trespassing citations;

      (E)   alcohol beverage violations;

      (F)   possession of marijuana violations less than 10 grams;

      (G)   smoking marijuana in public places;

      (H)   the pointing of a service weapon, taser, or pepper spray at an individual;

      (I)   the issuance of a stay-away order for trespass enforcement, and the location of property where the enforcement occurs;

      (J)   information identified under Section 5 of Chapter 59 of the 2021 Laws of Maryland regarding the activation, deployment, and results of the SWAT team;

      (K)   information identified under Section 1 of Chapter 62 of the 2021 Laws of Maryland regarding search warrants;

      (L)   arrests, including arrests on or immediately adjacent to school property;

      (M)   searches, including searches that result in arrest or the discovery of contraband;

      (N)   stops (including stop and frisks that does not result in citations or arrests);

      (U)   service calls related to mental health;

      (V)   service calls related to substance abuse issues;

      (W)   service calls related to homeless individuals; and

      (X)   service calls determined to be unfounded.

    (4)   If state or federal law prevents the Department from publishing a dataset under paragraph (3), the Department must, in its report under paragraph (1), identify the dataset and explain the reason that the dataset is confidential.

    (5)   For the datasets published under paragraph (3), the Department must provide an explanation of terms used in the data, such as the term other to identify race or ethnicity, and guidelines regarding how to navigate the data.

    (6)   The Department must also provide the information reported under paragraph (1) to the Advisory Commission on Policing established under Section 35-6.

  (d)   Annual survey.

    (1)   The Department annually must conduct an anonymous survey of residents and officers regarding police-community relations, including, at a minimum, the levels of trust communities have in the police.

    (2)   The survey must be administered to residents in multiple languages.

    (3)   The survey must contain demographic information, including racial, ethnic, age, gender, and geographic information, regarding respondents.

    (4)   The Department must post the survey results on the web portal identified in Article XIV of Chapter 2.

  (e)   The Department must designate an individual officer as the point of contact responsible for the data collection and transparency requirements under this Section.

  (f)   The Department must post online each written agreement it has entered into with a property owner regarding the enforcement of trespass laws.

**Sec. 35-6B. Community Informed Police Training.**

  (a)   Definitions. For purposes of this Section, the following terms have the meanings indicated.

  Active listening means a process by which parties reach a peaceful resolution to a dispute, including through the skills of:

    (1)   managing stress quickly while remaining alert and calm;

    (2)   controlling emotions and behavior;

    (3)   paying attention to the words and feelings expressed by others; and

    (4)   being aware of and respecting differences.

  Cadet or police cadet means a uniformed civilian employee of the Department who participates in the Cadet Program established by the Department for college students.

  Civic engagement means participation by community members in social and political processes designed to communicate ideas, values, and beliefs, and to promote legal, political, or social change.

  Community policing means a policing strategy to develop trusting relationships with the community, and to work in partnership with the community to address crime, public safety, and quality of life issues.

  Health means a state of complete physical, mental, and social well-being and not merely the absence of disease or infirmity.

  Police academy means the entry-level police training academy required by the Department for all prospective police officers.

  Policing history means a social, political, and historical understanding of why and how policing developed in the United States, including an examination of the transitional eras of policing (Political Era, Reform/Professional Era, and Community Era) and the structural changes that occurred under each of those eras since the mid nineteenth century.

  Racial equity has the meaning stated in Section 2-64A.

  Social justice has the meaning stated in Section 2-64A.

  Wellness means a positive approach to living.

  (b)   Cadet program. The Department must collaborate and partner with local educational institutions to:

    (1)   expand the recruitment of police cadets who reflect the diversity of the County;

    (2)   sponsor communication sessions with prospective cadets and community members; and

    (3)   develop internship programs for prospective cadets.

  (c)   Police academy – required program regarding community services and social justice.

    (1)   Prior to the commencement of field training, a member of the police academy must complete a program regarding community services and social justice.

    (2)   The program must consist of 30 hours or their equivalent.

    (3)   The program must be designed, in collaboration and partnership with one or more local educational institutions, to develop competency in the topics of:

      (A)   racial equity and social justice;

      (B)   health and wellness;

      (C)   community policing;

      (D)   policing history;

      (E)   active listening and conflict resolution; and

      (F)   civic engagement.

    (4)   In selecting an applicant for admission into the police academy, the Department must consider:

      (A)   the applicant’s performance in the program under this subsection; and

      (B)   the applicant’s performance in any implicit bias test required by the Maryland Police Training and Standards Commission.

  (d)   Continuing Education. The Department must collaborate and partner with local educational institutions and national law enforcement professional organizations to provide continuing education, as demonstrated by the awarding of Continuing Education Units (CEU’s) or similar credentialing indicating content mastery:

    (1)   to all County police officers regarding:

      (A)   socially just policing and community engagement; and

      (B)   emerging topics in law enforcement, including cybersecurity, human trafficking, and proactive community engagement;

    (2)   to executive-level police officers regarding leadership and management challenges in socially just policing; and

    (3)   to new police sergeants regarding supervisory skills, with a focus on community policing, mentorship, and ethical leadership.

  (e)   State requirements. The training provided under this Section must incorporate to the extent practicable, and must comply with, the requirements of the Public Safety Article of the Maryland Code, including the Maryland Use of Force Statute.

  Sec. 3. Effective Date. This Act must take effect on the 181st day after it becomes law.

**Sec. 35-7. Fees, costs and charges.**

  All fees, costs and charges in any and all criminal and civil cases allowed constables under public local laws or public general laws of this state and county paid over to any member of the county police shall be paid forthwith by such member to the director of finance of the county, and the members of the county police shall not receive by way of fees, costs or otherwise any sum other than the salaries duly authorized to be paid them.

**Sec. 35-8. Service of process; powers of police.**

  It shall be the duty of the members of the county police to serve and execute any and all writs, warrants and subpoenas and other papers issued by the circuit court for the county or the justices of the peace or the trial magistrates for the county, in the exercise of its criminal jurisdiction. No member of the county police shall receive any additional compensation for such services, and the police shall have all of the powers possessed by deputy sheriffs of the state under the general law of the state or the local laws of the county heretofore in existence, insofar as such powers are in reference to the criminal jurisdiction of such deputy sheriffs in making arrests or in any manner enforcing the laws of the state.

**Sec. 35-9. Internal Affairs Procedures and Reporting Requirements.**

  (a)   Definitions. For purposes of this Section, the following terms have the meanings indicated.

  Administrative misconduct means alleged misconduct by a Department employee that, if true, could result in discipline against the employee.

  Body-worn camera recording or recording means a video or audio recording obtained through a camera system worn on the person of an employee of the Department.

  Chief or Police Chief means the Chief of the Department or the Chief’s designee.

  Department means the Montgomery County Police Department.

  Internal Affairs Division or Division means the division or unit of the Department with primary responsibility for investigating administrative misconduct by a Department employee if the investigation could result in disciplinary action against the employee.

  Investigation means an investigation conducted by the Division into allegations of administrative misconduct by an employee of the Department.

  Random review means reviewing, at regular intervals, statistically valid samples of a set, in which each item of the set has an equal opportunity of being chosen for a sample.

  (b)   Mandatory issuance of body worn cameras. The Department must issue a body worn camera, for the use of an on-duty uniformed or plainclothes employee of the Department, whenever the employee:

    (1)   is in uniform; or

    (2)   prominently displays a badge or other insignia.

  (c)   Mandatory random review of body-worn camera recordings.

    (1)   The Professional Accountability Division of the Department must conduct periodic, random reviews of body-worn camera recordings to assess:

      (A)   employee compliance with legal requirements and Department policy;

      (B)   employee performance; and

      (C)   consistency between employees’ written reports and recordings.

    (2)   Except when performing a random review under paragraph (1), the Department must not review body-worn camera recordings, without cause, to discover acts of misconduct or instances of poor performance.

  (d)   Mandatory review by the Internal Affairs Division. The Internal Affairs Division must investigate, in addition to any matter it is required to investigate by the Chief or under Department policy, any body-worn camera recording identified under subsection (c) that:

    (1)   relates to potential administrative misconduct by an employee of the Department; and

    (2)   involves:

      (A)   a use of force under Section 35-22;

      (B)   a child under the age of 18;

      (C)   a potential criminal offense by a Department employee;

      (D)   a fatality or serious bodily injury; or

      (E)   potential discrimination or harassment by an employee on the basis of race, ethnicity, national origin, sex, sexual orientation, gender expression, gender identity, disability, or religion.

  (e)   Monthly internal affairs reports to the Chief. At least once a month, the Internal Affairs Division must report to the Chief regarding the status of each pending investigation. For each investigation, the report must include, at a minimum:

    (1)   the nature of the allegation;

    (2)   the date of the complaint;

    (3)   the name of each employee involved;

    (4)   the name of the investigating officer; and

    (5)   the source of the investigation, including whether the investigation arose from a random review under subsection (c).

  (f)   Immediate reporting of certain investigations to the Chief.

    (1)   The Internal Affairs Division immediately must report to the Chief regarding any investigation that involves:

      (A)   a use of force under Section 35-22;

      (B)   a child under the age of 18;

      (C)   a potential criminal offense by a Department employee;

      (D)   a fatality or serious bodily injury; or

      (E)   potential discrimination or harassment by an employee on the basis of race, ethnicity, national origin, sex, sexual orientation, gender expression, gender identity, disability, or religion.

    (2)   Within 48 hours of submitting a report under paragraph (1), the Division must provide to the Chief any body-worn camera recordings associated with the investigation.

  (g)   Required reports to the County Executive and the County Council. Within 24 hours after receiving a report of an investigation under subsection (f), the Chief must notify the County Executive and the County Council of the existence and nature of the investigation, including:

    (1)   the date of any complaint that precipitated the investigation;

    (2)   the date and location of the incident under investigation;

    (3)   the general nature of the allegations under investigation;

    (4)   demographic information if known, including race, ethnicity, and gender information, regarding residents involved in the matter under investigation; and

    (5)   the category of the investigation under paragraph (1) of subsection (f).

  (h)   Required reports to the State’s Attorney. The Chief must notify the State’s Attorney regarding the existence and nature of an incident or investigation within 72 hours after the Chief:

    (1)   receives a report under subsection (e) that involves a potential criminal offense by a Department employee; or

    (2)   otherwise becomes aware of a potential criminal offense by a Department employee.

  (i)   Copies of investigative files and recordings.

    (1)   If the County Executive, the County Council, or the State’s Attorney requests a copy of an investigative file or a body-worn camera recording associated with an incident or investigation under subsections (g) or (h), the Department must provide the requested copy within 7 calendar days, unless a state or federal law:

      (A)   requires an earlier disclosure; or

      (B)   prohibits the disclosure.

    (2)   The recipient of an investigative file or a body-worn camera recording under paragraph (1) must not redisclose the file or recording except in accordance with the Maryland Public Information Act or other applicable law.

  (j)   Log of access to body-worn camera recordings.

    (1)   The Department must maintain a log that records each instance that a person accesses or redacts a body-worn camera recording.

    (2)   The log must include, at a minimum, the time and date of the access or redaction, and the identity of the person accessing or redacting the recording.

  (k)   Prompt completion of internal investigations. At least once every 3 months, the Chief must report to the County Executive and the County Council regarding:

    (1)   each investigation that is not complete within 180 days;

    (2)   the reasons for the delay; and

    (3)   an estimate of when the investigation will be complete.

**Sec. 35-10. Social security for members.**

  Whenever, according to the procedure established under State law, a majority of the members of the County Police elect to be covered by the provisions of the federal Social Security Act, the Act applies to all members of the County Police in their police positions without any reduction or loss of the benefits provided them or their widows, or domestic partners, and children under the County police relief and retirement fund law.

  The provisions of this section do not apply to police officers whose appointments took effect on or after August 15, 1965.

**Sec. 35-11. Physical examination of applicants.**

  It shall be the duty of the county health officer to examine all applicants for positions on the county police and to certify to the county personnel board the physical conditions of each of such applicants, and also when requested, to examine and certify to such board the physical conditions of all of the officers of the county police. For the additional services required of him by this chapter, such county health officer shall not receive additional compensation.

**Sec. 35-12.  Reserved.**

**Sec. 35-13. Police mutual aid agreements authorized.**

  The county executive, subject to approval of the county council, is hereby authorized to sign and enter into a police mutual aid agreement with counties, municipal corporations and the District of Columbia, subject to the approval of the county attorney as to form and legality, with provision for future action by the elected county executive.

**Sec. 35-13A. Anti-Hate/Violence Fund.**

  (a)   There is an Anti-Hate/Violence Fund in the Department of Police.

  (b)   The Department of Police may:

    (1)   offer rewards for information that leads to the arrest of a person who commits any act in the County described in Section 27-22 or Sections 10-302 to 10-305 of the Criminal Law Article of the Maryland Code;

    (2)   publicize the purpose of the Fund and availability of rewards, but expenses for publicity must not exceed 10 percent of the Fund without the approval of the Chief Administrative Officer;

    (3)   make the Fund available to the Department of Fire and Rescue Services for hate/violence incidents; and

    (4)   pay for publicity and rewards from the Fund.

  (c)   The Fund must be made available to the Maryland-National Capital Park police for hate/violence incidents on park property.

  (d)   A reward paid under this Section must not exceed $2,000.00.

  (e)   The County must deposit any money it receives under Section 27-8 into the Fund.

  (f)   The County Executive may adopt regulations under method (2) to implement this Section.

  (g)   The Department must report to the Council and Executive by February 1 each year on the use of the Fund during the previous calendar year.

**Sec. 35-13B. Drug Enforcement Forfeitures Fund.**

  (a)    In the department of police, the Chief of Police must administer the Drug Enforcement Forfeitures Fund (hereinafter the Fund).

  (b)    The County Executive or a designee must deposit in the Fund all money that is forfeited to the County under state law as drug-related contraband. Forfeited money may include cash and:

    (1)   proceeds from the sale of real property;

    (2)   criminal proceeds;

    (3)   proceeds from the sale of means of transport, including vehicles, boats, and airplanes;

    (4)   personal property, including financial instruments;

    (5)   funds turned over to the county by other government agencies through drug enforcement asset sharing procedures; and

    (6)   any other funds to which the county is entitled as the result of drug forfeiture proceedings.

  (c)

    (1)   The Chief of Police must use the Fund for expenses related to enforcement of laws regarding controlled dangerous substances. These expenses may include:

      (A)   drug prevention and treatment programs;

      (B)   Drug Court operations and programs;

      (C)   payments to informants;

      (D)   purchase or lease of equipment; and

      (E)   any other expense related to enforcement of laws regarding controlled dangerous substances.

    (2)

      (A)   The Chief of Police may transfer funds to another law enforcement agency if the other law enforcement agency initiated the forfeiture proceeding or was significantly involved in the arrest or investigation leading to the forfeiture.

      (B)   The Chief of Police must transfer to the Maryland-National Capital Park Police all funds in the Fund that result from any arrest in any park under the Commission’s jurisdiction if the arrest was initiated by the Park Police and another law enforcement agency was not involved in the arrest or investigation.

  (d)    The money in the Fund:

    (1)   is subject to audit by the Executive; and

    (2)   must be included and identified in any financial report of the Department.

  (e)    The Chief of Police must provide 2 reports on the Fund to the Executive and Council as follows:

    (1)   On March 15, a report including:

      (A)   the beginning unreserved balance for the current fiscal year;

      (B)   actual expenditures from July 1 to February 28 of the current fiscal year;

      (C)   the projected expenditures for the remainder of the current fiscal year;

      (D)   all deposits from forfeitures between July 1 and February 28 of the current fiscal year; and

      (E)   the projected year end balance for the current fiscal year; and

    (2)   On December 15, a report including:

      (A)   the actual beginning unreserved balance for the current fiscal year;

      (B)   Fund approved budget by category;

      (C)   all deposits from forfeitures from July 1 to November 30 in the current fiscal year; and

      (D)   the current balance as of November 30.

  (f)   The Executive may adopt regulations under method (2) to implement this section.

**Sec. 35-13C. Private Security Camera Incentive Program.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated.

  Chief means the Montgomery County Police Chief or the Chief’s designee.

  Department means the Montgomery County Police Department.

  Priority area means one or more police districts identified and published by the Chief as needing additional security cameras based upon public safety indicators, including crime levels.

  Program means the private security camera incentive program established under this Section.

  Security camera means an outdoor surveillance camera system, with functioning digital video recording capability, that is installed on property owned or leased by an individual, business, or nonprofit organization.

  (b)   Program established. There is a private security camera incentive program within the Department.

  (c)   Criteria to receive a rebate or voucher. An owner or lessee of a property may qualify to receive a rebate or voucher under the program if:

    (1)   the applicant is an individual, business, or nonprofit organization;

    (2)   the property is located within a priority area;

    (3)   the applicant agrees in writing that the security camera must not be used for the purpose of recording private property not owned by the applicant;

    (4)   if the applicant is a business or a non-profit organization, the applicant agrees in writing to post notice prominently to alert visitors of the existence of the security camera;

    (5)   the rebate or voucher is used solely to offset the costs of a security camera;

    (6)   the application is submitted in the form and manner prescribed by the Chief; and

    (7)   the security camera is purchased and installed after the effective date of this Section.

  (d)   Funding and limitations.

    (1)   The amount of a rebate or voucher under the program must not exceed the purchase cost of a security camera.

    (2)   Rebates and vouchers provided under the program are subject to appropriation.

    (3)   The Department may seek federal or state funding to support the program.

  (e)   Regulations. Prior to implementation of the program, the Chief must, in consultation with stakeholders including victims and racially and ethnically diverse residents, promulgate Method (2) regulations to implement the requirements of this Section. The regulations must address:

    (1)   the methodology used to identify a priority area;

    (2)   the permissible collection, dissemination, use, and disposal of images recorded by a security camera purchased under the program; and

    (3)   minimum standards for security cameras purchased under the program.

  (f)   Annual report. The Chief must report to the Council annually regarding the implementation of the program, including the number and amount of rebates and vouchers awarded, and the efficacy of the program.

**Sec. 35-13D. Late Night Business Safety Plan.**

  (a)   Definitions. In this Section, the following terms have the meaning indicated.

    Business means a business that has an “other tobacco products retailer” license, a food license, a license for on-site cannabis consumption, or a liquor license where the products sold are consumed on-site at tables or at other areas designated for consumption by the business.

    Business does not include lodging or hospitals, as those terms are defined under Chapter 59.

    Department means the Office of the County Executive or one or more offices or departments designated by the County Executive.

    Late night business means any business that:

    (1)   is open to the public at any time between 2:00 AM and 5:00 AM; or

    (2)   is open to the public at any time between midnight and 2:00 AM and, within the previous 12 months, has been the subject of 2 or more service calls for law enforcement regarding alleged serious incidents occurring on or originating from the premises.

    Late night business safety plan means a plan approved by the Department in accordance with this Section.

    Relevant departments mean the Montgomery County Police Department, the Department of Environmental Protection, the Department of Permitting Services, the Department of Health and Human Services, the Regional Service Centers, and the Board of License Commissioners.

    Serious incident means a crime identified as a serious incident by the Department in Method (2) regulations.

  (b)   Requirements.

    (1)   Without first submitting a proposed late night business safety plan to the Department, a person must not operate a late night business:

      (A)   between the hours of 2:00 AM and 5:00 AM; and

      (B)   between the hours of midnight and 2:00 AM, if the business is a late night business under paragraph (2) of the definition of late night business.

    (2)   After the Department provides written notice that the Department has disapproved a proposed late night business plan, a person must not operate the late night business:

      (A)   between the hours of 2:00 AM and 5:00 AM; and

      (B)   between the hours of midnight and 2:00 AM, if the business is a late night business under paragraph (2) of the definition of late night business.

    (3)   After the Department approves a proposed late night business safety plan, a person who owns or operates the late night business must do so in accordance with that approved plan.

    (4)   A late night business plan expires three years after approval, after which a late night business must obtain a new approved late night business plan from the Department in order to continue operating:

      (A)   between the hours of 2:00 AM and 5:00 AM; and

      (B)   between the hours of midnight and 2:00 AM, if the business is a late night business under paragraph (2) of the definition of late night business.

  (c)   Regulations. The Department, after consultation with other relevant departments, must promulgate Method (2) regulations to implement the requirements of this Section. The regulations must establish:

    (1)   the process for the owner or operator of a late night business to submit a proposed late night business safety plan to the Department;

    (2)   the process for the Department to consider and approve, after consultation with other relevant departments, a proposed late night business safety plan;

    (3)   a process for the Department and other relevant agencies to provide training to businesses regarding safety and to periodically verify compliance with a late night business safety plan;

    (4)   in consultation with relevant departments, a template that a late night business must use to submit a proposed late night business safety plan; and

    (5)   the minimum requirements of a late night business safety plan, which:

      (A)   must require:

        (i)   an emergency evacuation plan;

        (ii)   24-hour contact information for the business owner or manager;

        (iii)   exterior bathroom doors that are free opening at all times, if the bathroom facilities use bathroom stalls;

        (iv)   an acknowledgement that the business has received late night business training from the County; and

        (v)   an acknowledgement that the business is in compliance with applicable law, and a statement regarding any resolved or pending citations issued by a government entity within the prior 3 years; and

      (B)   may require, with written justification, any or all of the following:

        (i)   security personnel and training;

        (ii)   exterior lighting; and

        (iii)   high-definition digital security cameras that provide video monitoring and recording, without audio recording capacity, of the interior and exterior of each entryway into the late night business and the cash register or till.

  (d)   Security Camera Requirements. If a late night business safety plan requires the use of security cameras, then the plan must also require that the late night business owner or operator post signage in a conspicuous location on the interior and exterior of the business notifying the public that the late night business is subject to video surveillance monitoring.

  (e)   The Department must not require a late night business to:

    (1)   search patrons by the use of metal detectors, magnetometers, or pat downs; or

    (2)   provide video recordings to the Department or other relevant departments except as required by law.

  (f)   Appeals. A late night business may appeal the disapproval of a plan, or the identification of a business as a late night business under paragraph (2) of the definition of late night business, to the Board of Appeals under Chapter 2.

  (g)   Penalty for violating Section.

    (1)   Any violation of this Section is a class A violation.

    (2)   Each day a violation continues is a separate offense.

  (h)   Voluntary plans for certain businesses.

    (1)   Any business that operates between the hours of midnight and 2:00 AM may submit to the Department a late night business safety plan.

    (2)   The Department must:

      (A)   review a plan submitted under this subsection; and

      (B)   provide recommendations to the business regarding the plan.

  (i)   Grant program.

    (1)   Program established. There is a late night business safety grant program.

    (2)   Criteria to receive a grant. A late night business, or a business that has submitted a plan and agrees to implement Department recommendations under subsection (h), may qualify to receive a grant under the program if:

      (A)   the grant is used solely to offset the costs of implementing an approved or recommended late night business safety plan; and

      (B)   the grant application is submitted in the form and manner prescribed by the Department.

    (3)   Funding and limitations.

      (A)   Grants provided under the program are subject to appropriation.

      (B)   The Department must prioritize awarding grants to late night businesses over awarding grants to businesses that submit plans voluntarily under subsection (h).

      (C)   The Department may seek federal or state funding to support the program.

  (j)   Annual Reporting. The Department annually must report to the County Council regarding:

    (1)   plans reviewed under this Section;

    (2)   late night businesses that have not submitted late night business safety plans;

    (3)   recommendations for the improvement of late night business safety;

    (4)   grants provided under this Section; and

    (5)   crime data for the area of each late night business before and after the approval of a late night business safety plan for the business.

  Sec. 3. Expedited Effective Date; Transition.  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. The requirements of Section 35-13D(b), added by Section 1 of this Act, must not take effect until 90 days after notice of approved regulations is published in the County Register under Section 2 of this Act.

**Sec. 35-13E. Masks or facial coverings – prohibited; identification – required.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated:

    Identification means a law enforcement officer’s agency or department, last name, and badge number or other identification number.

    Law enforcement agency means a federal, state, or local agency authorized to enforce criminal, civil, or immigration laws in the County.

    Law enforcement officer means a sworn member of a law enforcement agency.

  (b)   Masks or facial coverings – prohibited. A law enforcement agency operating in the County must not wear a mask or facial covering while interacting with the public in the performance of their duties, except for:

    (1)   medical-grade masks that are surgical or N95 respirators designed to prevent the transmission of airborne diseases;

    (2)   masks designed to protect against exposure to smoke during a fire;

    (3)   masks that are necessary to perform duties during a water rescue operation;

    (4)   masks related to protection against exposure to biological or chemical agents during an incident where such agents may be present;

    (5)   masks designed to protect against exposure to cold weather during a weather emergency declared by the County Executive or the Governor of Maryland; or

    (6)   any other item worn to follow applicable laws on occupational health and safety or reasonable workplace accommodations. Reasonable workplace accommodation must be consistent with existing rules and regulations established by the Chief of Police.

  (c)   Notwithstanding subsection (b) of this Section, the Special Weapons and Tactical Team (SWAT) officers are permitted to utilize gear necessary to protect their faces from physical harm while performing SWAT responsibilities.

  (d)   Identification for law enforcement officers – requirements.

    (1)   A law enforcement officer must wear identification on the outermost layer of clothing while in the performance of duty in the County.

    (2)   On request of another, a law enforcement officer must verbally disclose identification while in the performance of duty in the County.

  (e)   Reporting a violation or misconduct by a law enforcement officer. A County police officer or a member of the public who witnesses:

    (1)   a law enforcement officer wearing a mask or face covering in violation of subsection (b); or

    (2)   a law enforcement officer failing to display identification in violation of subsection (d) may file a complaint through an online platform designated by the Executive.

  (f)   A violation reported under subsection (e) should include as much information as possible, including:

    (1)   the law enforcement officer’s agency or department, last name, badge number, or other identification number;

    (2)   the date, time, and location of the alleged violation; and

    (3)   a description of what was observed.

  (g)   The information submitted through the online portal may be used by the Office of the County Attorney to assist in enforcing a violation of County law under Section 1-18 and to make any appropriate referrals to third parties, including the Police Accountability Board.

  (h)   This Section does not apply to a law enforcement officer operating in plainclothes, non-uniformed, undercover capacity, or while engaged in a covert operation.

  (i)   Preemption. Nothing in this Section is to be interpreted or applied to create any requirement, power, or duty in conflict with any federal or state law.

  (j)   Severability. If any provision of this Section, or any application thereof to any person or circumstance, is found to be unconstitutional or otherwise invalid by a decision of a court of competent jurisdiction, such decision will not affect the validity of the remaining provisions of this Section, which can be implemented without the invalid provisions and, to this end, the provisions of this Section are declared to be severable.

  Sec. 2. Short Title.  This Section is known as “The Unmask ICE Act.”

  Sec. 3. Sunset.  Section 1 of this Act must sunset and be of no further force and effect upon the adoption of a uniform policy by the Maryland Police Training and Standards Commission prohibiting the use of face coverings or requiring identification for law enforcement officers, as required by Senate Bill 1 (2026) (cross-filed as House Bill 155 (2026)), enacted by the Maryland General Assembly on April 13, 2026.

### Article II. Relief and Retirement Fund.

**Sec. 35-14. Generally.**

  (a)   There is hereby created a fund designated and known as the police relief and retirement fund of the county. With the recommendation of the county personnel board and the approval of the county council, the county executive may pay all or any part of the monies of the police relief and retirement fund to the approved funding agent of the employees' retirement fund to the county established under the provisions of section 33-34. Payment of benefits from the fund may only be made at the direction of the county personnel board. Such fund shall consist of the following:

    (1)   All fines imposed by the county personnel board upon members of the county police by way of discipline.

    (2)   All rewards, proceeds of gifts, and emoluments that may be received by any member of such police for extraordinary services, except such part thereof as the county council may allow to be retained by such member.

    (3)   Donations and net proceeds of sales of unclaimed property in the custody of the police.

    (4)   The following deductions from the pay of each member of such police, exclusive of overtime pay, which deductions shall be at least matched by equal amount of money out of the general funds of the county which shall be created to such police relief and retirement fund, which shall become a part of the total fund of the employees' retirement system of the county: Three and one-half (3 ½) percent of the monthly salary beginning July 1, 1955; four and one-half (4 ½) percent of the monthly salary beginning July 1, 1956; five (5) percent of the monthly salary beginning July 1, 1957; six and one-half (6 ½) percent of the monthly salary beginning July 1, 1960, of each member appointed or reappointed during the period of July 1, 1955, through June 30, 1960, who elects to have six and one-half (6 ½) percent deducted from his salary under the provisions of subsection (a) of section 35-15.

  Notwithstanding the above provisions, effective as of the beginning of the payroll period in which July 1, 1971 occurs, the contribution rate of each member of the county police who is a member of the police relief and retirement fund shall be increased by one-half of one percent and effective at the beginning of the pay period in which July 1 falls in each succeeding year, the contribution rate of each member of this fund shall be increased by one-half of one percent until the total member contribution rate is seven and one-half (7 ½) percent and there shall be a concomitant increase in the employer contribution rate.

    (5)   The additional amount of not less than three hundred twenty-one thousand dollars ($321,000.00) shall be paid to the funding agent annually out of the general funds of the county until the county personnel board is able to certify to the county council that the police relief and retirement fund is fully funded.

    (6)   All forfeitures of accumulated compensatory leave and annual leave of police officers for disciplinary reasons made pursuant to the appropriate provisions of the personnel regulations.

  (b)   All of such amounts shall be paid to the credit of such fund and should such fund at any time be insufficient to defray the expenditures hereinafter provided for, the county council, in that event, is authorized, and it shall be its duty, to levy upon the taxable property of the county a tax sufficient to provide for such deficits and to pay to the credit of such police relief and retirement fund of the county, such sums as may be necessary from time to time to meet the deficiencies of the fund.

  (c)   The money to the credit of such fund shall be available only for expenditures for the purposes set forth in this chapter, and all expenditures from such fund shall be made and accounted for in the same manner as provided in chapter 33 of this Code.

  (d)   For the purposes of membership in this retirement law, a member of the county police employed before August 15, 1965, shall be any career employee covered under the county merit system who is deemed to be a police officer by the personnel board.

  (e)   The county merit system protection board may adopt regulations within the limitations of this article and the employees' retirement system ordinance contained in chapter 33 of this Code to govern the implementation of the provisions of the police relief and retirement fund. These regulations shall be adopted under method (3) of section 2A-15 of this Code and shall be made in appendant of the personnel regulations.

  (f)   The personnel board of the county shall be responsible for the administration of the police relief and retirement fund which shall become a separate part of the employees' retirement system. Each member of the personnel board shall have one (1) vote and the majority of the board will constitute a quorum for the transaction of any business, the exercise of any power or the performance of any duty authorized or imposed by law.

  (g)   All expenses incurred by the personnel board in operating the retirement system will be paid from budget appropriations approved by the county council or from the fund.

  (h)   The county attorney shall be the legal advisor of the personnel board.

  (i)   At the direction of the personnel board, the county personnel officer shall certify all retirements and all benefits payable under the fund.

  (j)   The personnel board shall keep a record of all its proceedings under this article, which shall be open to public inspection.

  (k)   The personnel board may hold hearings when deemed necessary in the performance of its duties. The hearings will be governed by the rules and regulations of the board, and the board shall not be bound by technical rules of evidence.

  (l)   For disability cases, the personnel board shall designate a retirement hearing board:

    (1)   This hearing board shall be composed of three (3) members who are residents of the county, two (2) appointed by the personnel board and the third selected by the two (2) so appointed. One (1) of the two (2) members appointed by the personnel board must be a member of the Maryland Bar. No member of the retirement hearing board may be an employee or official of the county, a representative or agent of a county employee group or a physician; provided, that the membership of this retirement hearing board may be the same as the retirement hearing board provided in section 33-48. The terms of office of each member of the retirement hearing board will be two (2) years from the date of his appointment. The compensation of the members of the retirement hearing board shall be fixed by the personnel board subject to budget limitations.

    (2)   The retirement hearing board shall conduct a hearing, take testimony and examine witnesses under oath, shall evaluate all medical reports and findings of the medical board, shall investigate all essential statements and certificates by or on behalf of a member and shall make recommendations to the personnel board based on its findings in connection with each application for disability retirement for final approval and action by the personnel board.

  (m)   For each disability retirement application, the personnel board shall designate a medical board:

    (1)   The medical board shall be composed of three (3) physicians not eligible to participate in the retirement system who are licensed to practice in the state. At least two (2) members of the medical board must be specialists in the particular field of medicine relating to each application for disability retirement. The compensation of the members of the medical board shall be fixed by the personnel board subject to budget limitations.

    (2)   The medical board shall arrange for and pass upon all medical examinations required by this chapter in connection with an application for disability retirement and shall report in writing to the retirement hearing board its conclusions and recommendations upon all matters referred to it.

**Sec. 35-15. Benefits generally.**

  (a)   Whenever a member of the county police shall have reached fifty-five (55) years of age, and shall have served on the county police for twenty-five (25) years and while in good standing, such member may make written application to the county personnel board and be retired from the service thereof and be entitled to relief from the police relief and retirement fund in the amount of fifty (50) percent per year of the annual salary received by such member at the date of retirement; provided, that any member of the county police who elects to remain a member of such police after twenty-five (25) years service shall be entitled, on retirement, to receive two (2) percent per annum of his salary for each additional year served but in no case shall he receive in excess of a total of sixty (60) percent of his salary at the date of retirement provided further that the requirement of fifty-five (55) years of age shall apply only to persons entering service with the county police on or after July 1, 1955, unless any such persons shall elect to have deducted from his salary, pursuant to the provisions of paragraph (4) of subsection (a) of section 35-14, six and one-half (6 ½) percent of such salary, in lieu of five (5) percent thereof as provided in such paragraph, beginning July 1, 1960, in which event such person may be retired after twenty-five (25) years of service, irrespective of age, such service including all or part of the period of July 1, 1955 through June 30, 1960, without the payment of additional contributions in excess of five (5) percent for this period; provided, that there shall be deducted from the salary of any person who enters service with the county police on or after July 1, 1960, or re-enters pursuant to subsection (g) hereof, on or after July 1, 1960, six and one-half (6 ½) percent of such salary, such person thereby being eligible for retirement after twenty-five (25) years of service irrespective of age. The normal retirement date of any police officer in any one (1) of the three (3) retirement categories mentioned hereinabove shall not be changed as a result of the contribution rate increase provided in paragraph (4) of subsection (a) of section 35-14. The mandatory retirement date of all members of the county police shall be age sixty (60); except, that the mandatory retirement date may be extended as provided in section 33-38.

  (b)    If a member of the police force dies before or after retirement, leaving a surviving spouse or domestic partner, or an unmarried child under 18 years of age or an unmarried child so mentally or physically incapacitated or disabled as to be incapable of self-support, the surviving spouse or domestic partner is entitled to receive relief from the police fund in an amount not exceeding $125 per month, and each unmarried child under the age of 18 years and each unmarried mentally or physically incapacitated or disabled child, in an amount not exceeding $25 per month.  If a surviving spouse or domestic partner  granted relief under this Article later marries or enters into a domestic partnership with another person, relief under this Article must end.  Relief granted to or for any unmarried child under the age of 18 years must end when the child reaches that age, except an unmarried mentally or physically incapacitated or disabled child or children, as described in the first sentence of this subsection.  The Office of Human Resources personnel board must determine the mental or physical incapacity or disability of any child.  This subsection applies equally to surviving spouses, or domestic partners, and children of deceased members of the County Police otherwise eligible to receive the benefits provided, regardless of the date of death of the member.  No surviving spouse or domestic partner of any deceased member of the police; or child adopted by the member, or born of the member more than one year, after the date of retirement of the member; may receive any relief under this subsection. Notwithstanding any other provision of this subsection, all benefits payable under this subsection to the surviving spouse or domestic partner of the police officer end when the surviving spouse or domestic partner marries or enters into a domestic partnership with another person.  The Office may reinstate the benefits upon reapplication of the surviving spouse or domestic partner if their later spouse or partner dies. Notwithstanding anything to the contrary, for the purpose of this Chapter, the term "surviving spouse" includes only the spouse of a police officer not divorced a vinculo from the police officer at the time of the officer's death.

  (c)   Whenever any member of the county police is injured or contracts a disease in the performance of police duties or an injury or disease is aggravated by such duty and such injury or disease or aggravation disables him for the performance of police duty, such member may make written application to the county personnel board for retirement and relief, or the county executive may make application for his retirement upon his failure or refusal to do so. Upon a finding of fact by such board in support of the foregoing provisions of this subsection, such member shall be retired and receive relief from the police relief and retirement fund in the amount of fifty (50) percent per annum, payable monthly, of the annual salary received by such member at the date of retirement; provided, that in the event such member has served more than twenty-five (25) years in the county police, he shall receive an additional two (2) percent per annum for each year beyond twenty-five (25) years but not to exceed sixty (60) percent per annum of his annual salary at the date of his retirement; provided, that the county personnel board shall, in determining whether such injury occurred or disease was contracted in the performance of police duties or such injury or disease was aggravated by such duty and such injury or disease or aggravation disabled him for the performance of police duties, solicit recommendations and advice from the county executive, except where the retirement application is initiated by the county executive, the superintendent of police and competent medical authority as it may deem necessary.

  (d)   Whenever any member of the county police, having served not less than five (5) years, shall have become incapacitated either by accident, disease or disability contracted not in the line of duty so as to be unable to perform his duties, such member may make written application to the county personnel board for retirement and relief, or the county executive may make application for his retirement upon the member's failure or refusal to do so. Upon a finding of fact by the county personnel board in support of the foregoing provisions of this subsection, he shall be retired from the service thereof and be entitled to receive relief from the police relief and retirement fund in an amount to be determined as follows: If he shall have served more than five (5) years but less than six (6) years on such police force prior to being incapacitated, he shall receive compensation amounting to ten (10) percent per year of the salary received by him at the date of retirement, and for each additional year he shall have served prior to incapacitation, he shall receive an additional two (2) percent per year of the salary received by him at the date of retirement; but in no case shall any member of such police who is retired under the provisions of this section receive compensation in excess of sixty (60) percent of his annual salary at the date of retirement.

  (e)   The county personnel board is authorized to certify the payment from such police fund of a sum not exceeding one hundred dollars ($100.00) in any one (1) case to defray funeral expenses of any deceased member of the police of the county, dying while in the service thereof.

  (f)   Any police officer of the county police who resigns or is discharged from service after August 15, 1955 shall, upon application to the county personnel board, receive the return of the money which he has had deducted from his salary and credited to the police relief and retirement fund of the county since his appointment to the county police; provided, however, that, in the event such officer is indebted for advances of unearned, paid leave or, upon leaving the service, by retirement or otherwise, fails to return uniforms or equipment issued to him, or is otherwise indebted to the county government, the amount due for such leave or other indebtedness or the replacement cost of such uniforms or equipment, may be deducted or withheld from the amount of money to be returned.

  (g)   Former county police officers who leave the county service in good standing and are later reappointed, after August 15, 1955, and before August 15, 1965, as police officers of the county police force shall be given credit by the personnel board toward retirement for their previous years of service; provided, that before credit can be given toward retirement for such previous years of service, those officers who withdrew their contributions from the police relief and retirement fund made during such previous years of service shall make restitution by August 15, 1968, of the same in full, plus interest at the rate of three (3) percent, compounded annually, for the period during which such contributions were withdrawn in whole or in part; and provided further, that such police officers, upon reappointment, shall be entitled to receive only such retirement benefits as may be provided under the police relief and retirement fund law at the time of their reappointment, as provided by subsequent amendment of such law.

  (h)   Any person who is a member of the county police department on August 15, 1956, and who served previously as a full-time police officer with the police department of any political subdivision of the county and who can establish to the satisfaction of the personnel board that as such, he performed services for and was supervised by the county police department, during that time, or any person who has served as a temporary, military temporary, or war emergency full-time police officer of the county police department, and who is desirous of obtaining credit toward retirement for such period of service may do so by paying into the police relief and retirement fund, by August 15, 1968, an amount equal to the amount which would have been deducted from his salary for retirement purposes, plus interest at the rate of three (3) percent, compounded annually, until the date such employee contributions are paid into the police relief and retirement fund, or are tendered for payment into such fund by the police officer, had the payor been such regular member of the county police department; provided, that such member shall be given retirement credit without payment for these years during which no deduction for retirement was made from salaries paid to members of the county police department; and any member of the county police, who has served less than twenty-five (25) years, and who has been retired temporarily from service because of disability incurred in the performance of his duties, and who is desirous of obtaining credit toward retirement for such period of temporary retirement may do so by paying into the police relief and retirement fund an amount with interest as hereinabove provided.

  (i)   Every member of the county police entitled to benefits under the provisions of the police relief and retirement fund law by reason of his retirement prior to July 1, 1958, shall be entitled to receive, effective with the first payment after August 15, 1958, a cost of living adjustment which shall be in addition to any and all benefits provided by the retirement fund. Such adjustment shall be computed by multiplying the retirement payment of the member on July 1, 1958, by a percentage equal to the percentage change in the cost of living from the date of the individual member's retirement to July 1, 1958. The Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, issued immediately prior to the adoption by the county council of the budget for the ensuing fiscal year shall be used to compute the cost of living percentage. Payments hereunder shall not be retroactive but shall continue at the same rate after the first payment until adjusted by resolution of the county council. Adjustments provided for herein shall not be paid from the income or principal of the relief and retirement fund but shall be paid from the general revenues of the county.

  (j)   The county council is hereby authorized by resolution at any time and from time to time to grant or to change a cost-of- living adjustment to retired members of the county police who are entitled to benefits under the police relief and retirement fund, when, in the opinion of the council, such adjustment is reasonable and necessary. Such adjustment shall be in addition to any benefits paid under the retirement fund and shall in no way affect such retirement benefits. Funds which may be required for such adjustment shall be paid from the general revenues of the county and shall not be paid from the income or principal of the relief and retirement fund. The amount of money necessary to fund such cost of living adjustments must be budgeted and paid into the fund of the employees' retirement system before such increases may become effective.

  (k)   Anything herein to the contrary notwithstanding, all persons receiving benefits payable under the provisions of this article may be paid on the same periods as regular employees of the county government or, in any event, on a monthly, semi-monthly or bi-weekly basis. Effective July 1, 1971, the provisions of subsection (a) of section 33-53 shall be applicable, and other provisions of this subsection noted hereinabove shall be deleted therefrom.

  (l)    Any unmarried police officer may designate a beneficiary or beneficiaries to receive, without interest, a lump-sum payment of the amount of money the officer has contributed into the County Police relief and retirement fund in the event of the officer's death before retirement. In addition to the benefits for surviving spouses, or domestic partners, and children otherwise provided in subsection (b) of this section, a police officer who is married or in a domestic partnership may designate a beneficiary or beneficiaries to receive, without interest, in the event of the officer's death before retirement, a lump-sum payment of the balance of the amount of money the officer contributed into the police relief and retirement fund that has not already been paid out to the officer's surviving spouse, or domestic partner, or children, if any, during the time these survivors were qualified to receive those benefits.  An officer must designate beneficiaries according to procedures established by the personnel board. If a police officer does not designate a beneficiary or beneficiaries, any sum due as return of paid-in contributions must be paid to the officer's estate.

  (m)   As provided in the personnel regulations, compensatory leave and annual leave which an employee has credited to his leave account may be used in payment for the purchase of service credits under the police relief and retirement fund. Lapsed salary monies of a member's department may be used for these payments; provided, that the county council authorizes such use of lapsed salary monies by resolution. This option must be exercised within ninety (90) days of the effective date of this act.

  (n)   If a member retiring on or after May 1, 1970, elects to have his accumulated sick leave credited for retirement purposes in lieu of participating in any sick leave bonus incentive plan or payment plan provided in personnel regulations, each one hundred seventy-six (176) hours of accumulated sick leave will be considered as being the equivalent of one (1) month of credited service for retirement purposes. Not more than four thousand two hundred twenty-four (4,224) hours of such accumulated sick leave shall be creditable for retirement purposes, and any accumulated sick leave less than twenty-two (22) days shall not be creditable for retirement purposes.

  Not more than two thousand one hundred twelve (2,112) hours of accumulated sick leave may be used by a member paying a contribution rate of six and one-half (6 ½) percent or seven (7) percent, to accelerate his normal retirement date.

  Not more than four thousand two hundred twenty-four (4,224) hours of accumulated sick leave may be used by a member having a contribution rate of seven and one-half (7 ½) percent to accelerate his normal retirement date.

  (o)   Whenever the cost-of-living adjustment plan provided by section 33-44 is implemented, it shall be fully applicable to the retired members of the police relief and retirement fund and the provisions of subsections (i) and (j) of this section shall automatically be repealed in their entirety, and all subsections following thereafter appropriately relettered. Except as specifically provided in subsection (f) of section 33-44, the amount of retirement pay being received by a group D retired member shall not be reduced upon the abolishment of subsections (i) and (j) of this section.

**Sec. 35-16. Procedure for obtaining benefits.**

  The County personnel board must consider all cases for the retirement and relief of members of the County Police rendered necessary or expedient under the provisions of this Article, and all applications for relief of their surviving spouses, or domestic partners, and children under eighteen (18) years of age or unmarried, mentally or physically incapacitated or disabled child or children. In every case of disability retirement, competent medical authority selected by the County personnel board shall certify, in writing, to the retirement hearing board the physical or mental condition of the member for whom retirement and relief are sought. In every case of service retirement, the medical reports on members must be submitted directly to the personnel board. The applicant or member is entitled to be represented by counsel, have witnesses testify in his or her behalf, and present evidence relevant to the police officer's physical or mental condition and ability or inability to perform the officer's duties and give this evidence under oath as required by the retirement hearing board or the personnel board. The personnel board must give written notice to any member of the police under consideration for retirement and relief to appear before either or both the County personnel board and the retirement hearing board, and the proceedings of these boards must be in writing and show the member's date of appointment, age, and record in the service, and any other information relevant to the member's retirement and relief. Sections 33-48 and 33-49 apply to retirement applications under this Section.

**Sec. 35-17. Change or discontinuance of benefits.**

  (a)   The county personnel board, in its discretion and at any time, may cause any person receiving any relief allowance under the provisions of this article, who has served less than twenty-five (25) years, to appear before competent medical authority selected by the county personnel board and undergo a medical examination, as the result of which the board shall determine whether the relief in such case shall be continued, increased, decreased or discontinued, or whether such person shall be restored to active service and shall further determine the duty that his age or disability will permit him to perform. Each member of the county police so restored to active service shall, upon resumption of such service, receive a rate of compensation which would be the equivalent of the rank and pay steps thereof to which he was assigned at the time of his retirement, which compensation shall be in lieu of his retirement benefits during the remainder of his active service and shall, from and after the date of resumption of service as aforesaid, be subject to the provisions of this article, as now or hereafter amended, wherever applicable. Should any person receiving relief under the provisions of this article, after due notice, fail to appear and undergo the examination prescribed herein or refuse to be restored to active service as herein provided, the personnel board is authorized to reduce or entirely discontinue such relief.

  (b)   The county personnel board, subject to the approval of the council, may reduce or discontinue the relief granted to any person under the provisions of this article if such person shall have been convicted in any court of any crime involving turpitude. Such board, subject to the approval of the council, may also reduce or discontinue the relief granted to any person under the provisions of this article when it shall appear to its satisfaction from evidence before it that such person is a habitual drunkard or guilty of lewd or lascivious conduct.

  (c)   In the event it is determined by the county personnel board, upon a finding of fact pursuant to subsections (c) and (d) of section 35-15, that any member of the county police who has applied for retirement and relief under such subsections could, through appropriate medical or other treatment, cure, improve or arrest any disease, disability or the results of any accident so as to remove any incapacity, the board may, in its discretion, refuse to retire such member unless and until he undergoes the necessary treatment for the disease, disability or results of such accident. If, following completion of such treatment, the board determines that such member is still incapacitated so as to be unable to perform his duties, such member shall be retired and receive relief as provided in subsections (c) and (d) of section 35-15.

  (d)   Upon preparation and recommendation by the personnel board of amendments of the retirement fund established by this article, the county council may adopt and put into effect such amendments by ordinance; provided, that any increase in benefits enacted thereby is adequately funded. No amendment shall reduce the amount of any accrued pension which has been covered by a reserve held in the system or the term of monthly payments or shall delay the due date of any payment, without the consent of the member thereto.

  (e)   The county council shall afford members the opportunity to be heard at a public hearing before it acts on any amendment of this retirement fund or before it acts on any proposal to reduce the funding of the police relief and retirement fund as provided by this section.

**Sec. 35-18. County's right of subrogation against third parties causing disability.**

  If the accident, disease, disability, or death for which benefits are payable under this Article was caused under circumstances creating a legal liability in a third party, the County has the right of subrogation and may enforce, for the County's benefit, the legal liability of a third party, under the conditions and subject to the provisions, when applicable, in Title 9 of the Labor and Employment Article of the Maryland Code. Nothing in this Section affects the County's obligation to comply with Title 9 of the Labor and Employment Article of the Maryland Code.

**Sec. 35-19. Investment of funds.**

  The director of finance may invest moneys held for the police relief and retirement fund in the types of investment provided for pensions under the Annotated Code of Maryland, 1957, article 73b, section 13 (1); provided, that moneys of the police relief and retirement fund shall be invested in other than United States treasury and federal agency securities only upon approval by a majority of the police relief and retirement fund advisory board.

**Sec. 35-20. Transfer of fund and powers of trustees-Authority.**

  Notwithstanding other provisions of this article relative to the creation of a police relief and retirement fund and provisions for a board of trustees with powers and duties as to such fund, upon adoption and implementation by the county council of a general retirement system fund for which all county employees shall be eligible for membership and benefits, and upon recommendation of the county personnel board, the separate police relief and retirement fund established by section 35-14, may be abolished as a separate fund and be made a part of such general retirement system fund by the county council by resolution or ordinance. The board of trustees for the police relief and retirement fund may also be abolished by the county council by resolution or ordinance and its powers and duties transferred or assigned to a board of trustees or other retirement fund management body as the council shall deem proper.

### Article III. Regulations.

**Sec. 35-21. General rules of conduct and performance.**

  (a)   Familiarity with rules and regulations. It shall be the duty of every employee of the police to become thoroughly familiar with the rules and regulations promulgated by the director of the department of police.

  (b)   Police functions-Eumerated. The functions of the county police are:

    (1)   The protection of life and property.

    (2)   The preservation of peace and order.

    (3)   The prevention and detection of crime.

    (4)   The arrest of violators of the law.

    (5)   The enforcement of all laws and ordinances.

    (6)   The prompt service of all summonses and court papers as required by law.

  (c)   Same-Manner of carrying out functions. In carrying out the functions described in this section, all employees of the department of police shall coordinate their efforts in such manner as will tend to establish, maintain and promote the highest standard of efficiency.

**Sec. 35-22. Police use of force policy and no-knock warrant policy – minimum standards.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated.

  Alternatives means tactics and methods used by a law enforcement officer to effectuate an arrest that do not unreasonably increase the risk posed to the law enforcement officer or another person, including verbal communication, distance, warnings, deescalation tactics and techniques, tactical repositioning, and other tactics and techniques intended to stabilize the situation and reduce the immediacy of the risk so that more time, options, and resources can be called upon to resolve the situation without the use of force. With respect to the use of deadly force, such term includes the use of less lethal force.

  Carotid restraint means a technique applied in an effort to control or disable a subject by applying pressure to the carotid artery, the jugular vein, or the neck with the purpose or effect of controlling a subject’s movement or rendering a subject unconscious by constricting the flow of blood to and from the brain.

  Deadly force means force that creates a substantial risk of causing death or serious bodily injury, including the discharge of a firearm, a carotid restraint, or a neck restraint.

  Deescalation tactics and techniques means proactive actions and approaches used by a law enforcement officer to stabilize the situation so that more time, options, and resources are available to gain a person’s voluntary compliance and reduce or eliminate the need to use force, including verbal persuasion, warnings, tactical techniques, slowing down the pace of an incident, waiting out a subject, creating distance between the officer and the threat, and requesting additional resources to resolve the incident.

  Less lethal force means any degree of force that is not likely to have lethal effect.

  Necessary means that another reasonable law enforcement officer would objectively conclude, under the totality of the circumstances, that there was no alternative to the use of force.

  Neck restraint means a technique involving the use of an arm, leg, or other firm object to attempt to control or disable a subject by applying pressure against the windpipe or the neck with the purpose or effect of controlling a subject’s movement or rendering a subject unconscious by blocking the passage of air through the windpipe.

  Restrained individual means an individual who is under control and is not actively resisting arrest by use of intentional force that threatens serious bodily injury.

  Serious bodily injury means bodily injury that creates a substantial risk of death, causes a serious, permanent disfigurement, or results in long term loss or impairment of any bodily member or organ.

  Striking means hitting forcibly and deliberately with: a weapon; a body part such as a hand, elbow, knee, or foot; or any other implement.

  Totality of the circumstances means all credible facts known to the law enforcement officer leading up to and at the time of the use of force, including the actions of the person against whom the law enforcement officer uses such force and the actions of the law enforcement officer.

  (b)   Use of force policy directive – required.

    (1)   The Police Chief must issue a policy directive that establishes the permissible use of force by members of the police.

    (2)   The directive must:

      (A)   prioritize the safety and dignity of every human life;

      (B)   promote fair and unbiased policing; and

      (C)   protect vulnerable populations, including individuals with disabilities, children, elderly persons, pregnant individuals, persons with limited English proficiency, individuals without regard to sex, including gender identity or orientation, individuals without regard to race, persons with mental or behavioral disabilities or impairments, and populations that are disproportionately impacted by inequities.

  (c)   Minimum standards for use of force policy. The use of force policy directive required under this Section must, at a minimum:

    (1)   comply with the Constitutions of the United States and the State of Maryland;

    (2)   prohibit a member of the police from using deadly force against a person unless:

      (A)   such force is necessary, as a last resort, to prevent imminent and serious bodily injury or death to the officer or another person; and

      (B)   the use of such force creates no substantial risk of injury to a third person;

    (3)   prohibit a member of the police from using deadly force against a fleeing person unless:

      (A)   such force is necessary, as a last resort, to prevent imminent and serious bodily injury or death to the officer or another person;

      (B)   the use of such force creates no substantial risk of injury to a third person; and

      (C)   reasonable suspicion exists that the fleeing person committed a felony that threatened or resulted in death or serious bodily injury;

    (4)   prohibit a member of the police from striking a restrained individual;

    (5)   require a member of the police to stop, or attempt to stop, and to report to a supervisor, another officer who is using excessive force, violating the use of force policy, or committing a crime;

    (6)   protect a member of the police from retaliation or discipline for taking action under paragraph (5);

    (7)   prohibit a member of the police from using a neck restraint or a carotid restraint against an individual;

    (8)   prohibit a member of the police from shooting from a moving vehicle unless circumstances would authorize the use of deadly force;

    (9)   prohibit a member of the police from shooting at a moving vehicle unless the vehicle is being used as a weapon and the circumstances would authorize the use of deadly force; and

    (10)   prohibit any less lethal force unless such less lethal force is necessary and proportional in order to effectuate an arrest of a person who the officer has probable cause to believe has committed a criminal offense, and only after exhausting alternatives to the use of such force.

  (d)   Policy directive regarding knocking and announcing entry into a residence - required. The Chief of Police must issue a policy directive that regulates when a member of the police may:

    (1)   seek or participate in the execution of no-knock warrants; or

    (2)   enter private premises without first knocking and announcing the member’s presence.

  (e)   Minimum requirements for policy directive regarding no-knock entries into private premises. The policy directive issued under subsection (d) must, at a minimum, require that:

    (1)   only an officer assigned to the Montgomery County Police Special Weapons and Tactics (SWAT) Team may participate in the execution of a no-knock warrant;

    (2)   a member of the police may not enter into private premises without first knocking and announcing the member’s presence unless:

      (A)   exigent circumstances exist;

      (B)   other methods of serving a warrant, including methods which would mitigate risk, have been considered and have been determined to:

        i.   pose unacceptable risk to the life or safety of executing officers or another person; or

        ii.   be futile;

      (C)   the crime being investigated is:

        i.   a crime of violence as defined in Section 14-101(a) of the Criminal Law Article of the Maryland Code;

        ii.   related to firearms possession;

        iii.   related to a warrant obtained under Section 5-607 of the Public Safety Article of the Maryland Code;

        iv.   related to child abuse;

        v.   related to child pornography;

        vi.   related to domestic violence; or

        vii.   related to terrorism; and

      (D)   at least one of the following factors is present:

        i.   reasonable suspicion that a person is present at the location who has demonstrated a propensity for violence; or

        ii.   reasonable suspicion that entry into the location has been fortified, is “booby trapped”, or has unique characteristics which would make knocking and announcing one’s presence inherently unsafe; and

    (3)   a member of the police may not enter private premises without first knocking and announcing the member’s presence if the sole purpose of entering the premises is to prevent the destruction of evidence.

  (f)   The Chief of Police annually must provide a public report indicating the number of no-knock search warrants served by the Montgomery County Police SWAT team, including statistics on the number of warrants served:

    (1)   on behalf of the Montgomery County Police Department; and

    (2)   on behalf of another agency at a location within Montgomery County.

  (g)   The Chief of Police, in consultation with impacted persons, the Police Advisory Commission, communities, and organizations, including representatives of civil and human rights organizations, victims of police use of force, and representatives of law enforcement associations, must provide written guidance regarding:

    (1)   the types of less lethal force and deadly force that are prohibited under this Section; and

    (2)   how a law enforcement officer may assess whether the use of force is appropriate and necessary, and how to use the least amount of force necessary, when interacting with all individuals, including:

      (A)   pregnant individuals;

      (B)   children and youth under age 21;

      (C)   elderly persons;

      (D)   persons with mental, behavioral, or physical disabilities or impairments;

      (E)   persons experiencing perceptual or cognitive impairments due to use of alcohol, narcotics, hallucinogenic, or other drugs;

      (F)   persons suffering from serious medical conditions; and

      (G)   persons suffering from mental health concerns.

  (h)   Scope of directive. The policy directives established under this Section:

    (1)   must dictate the conduct of members of the county police in the performance of their duties;

    (2)   must not be construed to alter standards of civil or criminal liability;

    (3)   must not be construed to create private rights enforceable by any person or individual; and

    (4)   must not be construed to alter state or federal rules of evidence.

**Sec. 35-22A. U visa law enforcement certification - policy directive.**

  (a)   Short title. This Section may be known and cited as the “Uplifting Victims and Immigrant Safety Act” (U VISA).

  (b)   Definitions. In this Section, the following terms have the meanings indicated.

    Department means the Montgomery County Police Department.

    Enforcement means efforts to investigate, enforce, or assist in the investigation of a violation of criminal activity under state or local law.

    U nonimmigrant status or U visa as defined in Section 1101(a)(15)(U) of Title 8 of the United States Code, as amended.

  (c)   U visa policy directive – compliance with federal law. A policy directive or guidance issued by the Chief of Police or designee that describes the eligibility process for certifying an individual, who has been identified as a victim of a qualifying crime, for the purpose of a U visa petition:

    (1)   must not be more stringent than the criteria required under federal immigration law; and

    (2)   must be consistent and not conflict with the standards and regulations under state law or federal immigration law.

  (d)   Nothing in this Section must be construed to prevent enforcement by any member of the Department, the State’s Attorney Office, or any other investigative agency.

### Article Iv. Police Discipline

**Sec. 35-23. Definitions.**

  Definitions. In this Article, the following terms have the meanings indicated.

  Administrative Charging Committee or Committee means the Committee established in Section 35-25 to serve Countywide law enforcement agencies and local law enforcement agencies within the County pursuant to Section 3-104 of the Public Safety Article of the Annotated Code of Maryland, as amended.

  Administratively charged means that a police officer has been formally accused of misconduct in an administrative proceeding.

  Complaint means an allegation of police misconduct involving a member of the public and a police officer, regardless of whether the allegation originated from within the law enforcement agency or from an external source.

  Disciplinary matrix means a written, consistent, progressive, and transparent tool or rubric that provides ranges of disciplinary actions for different types of misconduct prepared by the Maryland Police Training and Standards Commission.

  Exonerated means that a police officer acted in accordance with the law and agency policy.

  Law enforcement agency means the County police force, Sheriff's office, or other security force or law enforcement organization of the County or a municipal corporation that by statute, ordinance, or common law is authorized to enforce the general criminal laws of the State.

  Not administratively charged means that a determination has been made not to administratively charge a police officer in connection with alleged misconduct.

  Police Accountability Board or Board means the Police Accountability Board for the County established in Section 35-24 pursuant to Section 3-102 of the Public Safety Article of the Annotated Code of Maryland, as amended.

  Police misconduct means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes:

    (1)   depriving persons of rights protected by the Constitution or laws of the State or the United States;

    (2)   a violation of a criminal statute; and

    (3)   a violation of law enforcement agency standards and policies.

  Police officer means an individual who:

    (1)   is authorized to enforce the general criminal laws of the State; and

    (2)   is a member of one of the following law enforcement agencies:

      (a)   the County police department;

      (b)   a municipal police department;

      (c)   the office of the County Sheriff; or

      (d)   a County fire and explosive investigator.

A police officer does not include the Sheriff, a chief of police, a deputy or assistant chief of police, or another individual with an equivalent title who is appointed or employed by a government to exercise equivalent supervisory authority.

**Sec. 35-24. Police Accountability Board.**

  (a)   Establishment. There is a Police Accountability Board for the County. The Executive must appoint the nine voting members of the Board, including the Chair, subject to confirmation by the Council. The Executive may appoint one or more non-voting members to the Board. At least one voting member must reside in a municipality operating a police department that is within the jurisdiction of the Board.

  (b)   Composition and qualifications of members. The members of the Board must reflect the racial, gender, gender-identity, sexual orientation, and cultural diversity of the County. Each member must reside in the County and be able to demonstrate through professional or lived experience the ability to balance effective oversight, perform objective analysis of an investigation report, and practice procedural fairness.

An active police officer must not be a member of the Board. A Board member must also meet all qualifications mandated by State law and implementing regulations while serving on the Board.

  (c)   Chair. The members of the Board may elect a Vice-Chair to serve as Chair in the absence of the Chair.

  (d)   Term of office. Each member serves a 3-year term. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.

  (e)   Meetings, budget, and compensation for members.

    (1)   The Board meets at the call of the Chair. The Board must meet as often as necessary to perform its duties, but not less than one time each month.

    (2)   The Executive must recommend, and the Council must appropriate funds necessary for the Board and the Administrative Charging Committee to operate in the County’s annual operating budget. The annual appropriation for the Board and the Administrative Charging Committee must include funding for training of members provided by:

      (A)   the County Police Department in cooperation with the Sheriff and each municipal police department within the jurisdiction of the Board; and

      (B)   appropriate outside organizations.

    (3)   The Board member designated to serve on the Administrative Charging Committee must serve on the Board without compensation except for the reimbursement of expenses incurred in attending meetings or carrying out other duties, including travel and dependent care costs at rates established by the County, subject to appropriation. Except for the Board member designated to serve on the Administrative Charging Committee, the annual salary for the Chair is $16,000 and the annual salary for each other Board member is $10,000. The salary for each member must be adjusted on the first Monday in December by the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.

  (f)   Staff. The Chief Administrative Officer must provide appropriate dedicated full-time staff to the Board and make available to the Board services and facilities that are necessary or appropriate for the proper performance of its duties. The County Attorney must retain special legal counsel approved by the Council to serve as counsel to the Board.

  (g)   Duties. The Board must:

    (1)   hold quarterly meetings with the directors of one or more law enforcement agencies operating in the County who employ one or more police officers;

    (2)   appoint civilian members to the Administrative Charging Committee and trial boards;

    (3)   receive complaints of police misconduct filed by a member of the public;

    (4)   review the outcomes of disciplinary matters considered by the Administrative Charging Committee on a quarterly basis;

    (5)   advise the Executive and the Council on policing matters; and

    (6)   refer each complaint of police misconduct filed with the Board to the appropriate law enforcement agency within 3 days after receipt for investigation.

  (h)   Removal of a member. The Executive with the approval of at least 6 members of the Council may remove a member for:

    (1)   neglect of duty, including failure to complete mandatory training;

    (2)   misconduct in office;

    (3)   a member’s inability or unwillingness to perform the duties of the office;

    (4)   conduct that impairs a member from performing the duties of the office; or

    (5)   inability to meet the qualifications for a Board member mandated by State law or implementing regulations.

  (i)   Reports. The Board must submit an annual report to the Executive and the Council each December 31 that:

    (1)   identifies any trends in the disciplinary process of police officers in the County;

    (2)   recommends changes to policy that would improve police accountability in the County; and

    (3)   describes the activities of the Board and the numbers of complaints received.

**Sec. 35-25. Administrative Charging Committee.**

  (a)   Establishment. There is an Administrative Charging Committee for the County.

  (b)   Membership. The Committee has 5 voting members. The members are:

    (1)   the Chair of the Police Accountability Board or another member of the Board designated by the Chair;

    (2)   2 civilian members appointed by the Police Accountability Board; and

    (3)   2 civilian members appointed by the Executive.

  (c)   Composition and qualifications of members. The Committee consists of a chair and 4 additional members. The members of the Committee must reflect the racial, gender, gender-identity, sexual orientation, and cultural diversity of the County. Each member must reside in the County and be able to demonstrate through professional or lived experience the ability to balance effective oversight, perform objective analysis of an investigation report, and practice procedural fairness.

  (d)   Training. Each member of the Committee must complete training on matters relating to police procedures from the Maryland Police Training and Standard Commission before serving as a member.

  (e)   Staff. The Chief Administrative Officer must provide appropriate dedicated full-time staff to the Committee and make available to the Committee services and facilities that are necessary or appropriate for the proper performance of its duties. The County Attorney must retain special legal counsel approved by the Council to serve as counsel to the Committee.

  (f)   Compensation. The annual salary for each Committee member is $16,000. The annual salary of the member of the Police Accountability Board chosen to concurrently serve on the Committee is $22,000. The salary for each member must be adjusted on the first Monday in December by the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.

  (g)   Meetings. The Committee must meet at least one time each month or more frequently if needed.

  (h)   Term of office. Each member serves a 3-year term. A member must not serve more than 2 consecutive full terms. A member appointed to fill a vacancy serves the rest of the unexpired term. Members continue in office until their successors are appointed and qualified.

  (i)   Duties. The Committee must:

    (1)   review the findings of each law enforcement agency’s investigation forwarded by the agency to the Committee;

    (2)   review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;

    (3)   authorize a police officer called before the Committee to be accompanied by a representative;

    (4)   determine if the police officer who is the subject of the investigation should be administratively charged or not administratively charged within 30 days after receipt of the law enforcement agency’s investigatory file unless the Committee requests further review under subsections (j)(1) or (2);

    (4)   if the Committee determines that a police officer should be administratively charged, recommend discipline pursuant to the disciplinary matrix;

    (5)   if the Committee determines that a police officer should not be administratively charged, determine if:

      (A)   the allegations against the police officer are unfounded, including situations where existing departmental policy fails to properly address the situation for which the officer was charged; or,

      (B)   the police officer is exonerated;

    (6)   issue a written opinion for each complaint describing in detail the Committee’s findings, determinations, and recommendations; and

    (7)   forward the written opinion to the director of the appropriate law enforcement agency, the accused police officer, and the complainant.

  (j)   Authority of the Committee. The Committee may:

    (1)   request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation;

    (2)   issue subpoenas for documents or witnesses necessary to execute the Committee’s duties; and

    (3)   record, in writing, any failure of supervision that caused or contributed to a police officer’s misconduct.

  (k)   Confidentiality. Each member of the Committee must maintain confidentiality relating to a matter being considered by the Committee until final disposition of the matter.

  (l)   Duties of the law enforcement agency. The law enforcement agency must investigate and submit a written investigation report to the Administrative Charging Committee for each complaint received by the agency or referred to the agency by the Police Accountability Board. Each law enforcement agency must submit a monthly report to the Administrative Charging Committee detailing complaints received and the status of each investigation.

  (m)   Removal of a member. The Executive with the approval of at least 6 members of the Council may remove a member for:

    (1)   neglect of duty, including failure to complete mandatory training;

    (2)   misconduct in office;

    (3)   a member’s inability or unwillingness to perform the duties of the office;

    (4)   conduct that impairs a member from performing the duties of the office; or

    (5)   inability to meet the qualifications for a Board member mandated by State law or implementing regulations.

**Sec. 35-26. Trial Board.**

  The County must compensate the civilian member of a trial board appointed by the Police Accountability Board at the rate of $500 for each day spent in trial and each day spent in training.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 36. Pond Safety.

**Sec. 36-1. Definition.**

  In this Chapter publicly accessible pond means a water impoundment that retains a permanent pool more than 24 inches deep and 20 feet across at its widest point and is accessible to the public to the extent provided in Executive regulations. Publicly accessible pond does not include a swimming pool as defined in Chapter 51.

**Sec. 36-2. Applicability.**

  This Chapter does not apply to a pond on land used primarily for agricultural purposes. This Chapter applies to a publicly accessible pond on land owned or controlled by any person, including:

  (a)   the County; or

  (b)   any other government, to the extent allowed by law.

**Sec. 36-3. Pond safety requirement.**

  (a)   Generally.  A person who owns or controls land that includes a publicly accessible pond must post warning signs around the pond and at any major approach to the pond, such as a path.

  (b)   Golf course ponds.  A person who owns or controls a golf course that includes a publicly accessible pond may, instead of posting warning signs at each pond on the course, post a sign at the main entrance to the golf course warning about the dangers of ponds on the golf course.

  (c)   Regulations and implementation.  The County Executive must set standards by regulation for the warning signs described in subsections (a) and (b), including the size, message, construction, and placement of signs. The Director of the Department of Environmental Protection may make approved warning signs available to any person who owns or controls a publicly accessible pond, at a price equal to the total cost to the County of the signs.

**Sec. 36-4. Enforcement and right of entry.**

  The Department of Environmental Protection must enforce this Chapter. The Director of the Department or the Director's designee may enter any land to enforce this Chapter if the Director or designee has reasonable cause to believe the land includes a publicly accessible pond.

**Sec. 36-5. Penalty for violation of chapter.**

  A violation of this Chapter is a Class A violation.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 36A. Public Service Company Underground Facilities.

**Sec. 36A-1. Legislative intent.**

  It is the intent of this chapter to protect underground facilities of public service companies from destruction, damage or dislocation in order to prevent:

  (a)   Death or injury to persons.

  (b)   Property damage to private and public property.

  (c)   Loss of services of public service companies to the general public.

**Sec. 36A-2. Definitions.**

  In this Chapter, unless the context indicates otherwise:

  (a)   Clearance requirements means the minimum safe distance between one underground facility and another unassociated underground facility, as defined by the owners of the respective underground facilities.

  (b)   Contractor means any person who routinely engages in excavation in the course of its profession.

  (c)   Excavation means the removal or displacement of earth, rock or other material in or on the ground by means of any tools, equipment or explosives. "Excavation" includes grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, pile driving, cable or pipe plowing and driving, wrecking, razing, rending, moving or removing any structure or mass of material.

  (d)   Excavator means any person who performs or proposes to perform any excavation.

  (e)   One-telephone-number utility notification system means a plan established by two (2) or more public service companies, government agencies or other operators of underground facilities by which an excavator notifies the participants by telephone of an intent to excavate.

  (f)   Person means any individual, firm, joint venture, partnership, corporation, government contractor, or association. "Person" includes any trustee, receiver, assignee or personal representative.

  (g)   Public service company means:

    (1)   any company as defined in Section 1-101 of the Public Utility Companies Article of the Maryland Code and any successor provision;

    (2)   the Washington Suburban Sanitary Commission; or

    (3)   any organization which is a member of the one-telephone-number utility notification system.

  (h)   Surface replacement work means the routine maintenance or limited replacement of sidewalks, curbs and gutters, and similar structures, including patch-type road paving and street repairs. The excavation required for surface replacement must not exceed in depth the structure which is replaced or repaired.

  (i)   Underground facility means any item of personal property owned by a public service company, which is buried or placed below ground or submerged for use in connection with the storage or conveyance of water, sewage, electronic, telephone or telegraph communications, electric energy, oil, gas or other substances. “Underground facility” includes pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those portions of poles below ground.

**Sec. 36A-3. Notification and marking procedures.**

  (a)   An excavator must not make or begin any excavation until the excavator:

    (1)   Notifies every public service company with underground facilities in the area of the proposed excavation of the excavator's intent to excavate; and

    (2)   Obtains permission to excavate under this section.

  (b)   An excavator must notify each applicable public service company not more than ten (10) days before starting to excavate, but at least forty-eight (48) hours before starting to excavate. Saturdays, Sundays and legal holidays are excluded from these times. The excavator may notify a company by telephone.

  (c)   Where a one-telephone-number utility notification system operates, an excavator may notify the one-telephone-number utility notification system within the time limits in subsection (b). An excavator must find out which public service companies participate in such a system, and in which geographic areas.

  (d)   If a one-telephone-number utility notification system issues an identification number for a proposed excavation after it is notified, the excavator must make this identification number available at the proposed excavation site to any public official and any public service company representative who requests the number.

  (e)   An excavator must, in notifying a public service company, provide the following information:

    (1)   The name and telephone number of the excavator.

    (2)   The name of the person for whom the proposed work is being done.

    (3)   The date and approximate time the work is to start.

    (4)   The location of proposed work.

    (5)   The type of work to be done.

    (6)   Any other special remarks or instructions.

  (f)   Before an excavator can start any excavation, each public service company that is notified of the proposed excavation under this section must:

    (1)   a.    Horizontally locate and mark all of its underground facilities at the site to within three (3) feet on either side of the underground facility; and

      b.   Notify the excavator at least one (1) hour before the proposed excavation is scheduled to start that all of its facilities have been marked; or

    (2)   Notify the excavator that the proposed excavation will not affect its underground facilities.

  (g)   If the public service company cannot mark the location of its underground facilities at least one (1) hour before the proposed excavation is scheduled to start, the public service company must notify the excavator of the date and time when the underground facilities will be marked. This date must not be more than three (3) working days after the original date scheduled for the excavation; unless the excavator and the public service company agree to a longer time.

  (h)   Any marking system indicating the horizontal location of a public service company's facilities must be consistent with the American Public Works Association Uniform Color Code.

  (i)   To expedite the horizontal location of utility lines, each public service company must:

    (1)   Provide locating services to mark all facilities, including house service laterals, affected by the excavation;

    (2)   Give requesting design engineers or excavators approximate horizontal location data, excluding house service laterals, of its principal underground facilities. A design engineer or excavator must submit a request for location data not more than thirty (30) nor less than ten (10) days before an excavation is scheduled to start. Each request must be accompanied by two (2) copies of each site drawing or site plan that shows where excavation is proposed, if the site plan or drawing is usually required by any agency of the county or the municipality in which the site is located. The public service company must retain one (1) copy of each site drawing or plan and return the other copy to the requester; and

    (3)   Allow another public service company or person to horizontally locate its facilities if the public service company has authorized it in writing.

**Sec. 36A-4. Excavating procedures.**

  (a)   When excavating or after piercing any surface concrete or hard-surface covering, and if the excavation approaches within three (3) feet of the estimated horizontal location of any located underground facility, an excavator must expose each of the located underground facilities by hand digging within the limits of the proposed excavation. After each of the located underground facilities has been exposed by hand digging, the excavator may resume appropriate excavation techniques with reasonable care.

  (b)   Any operator of mechanized equipment must not perform an excavation until the operator is familiar with the location of underground facilities in the area to be excavated.

  (c)   An excavator must take all steps reasonably necessary to protect all underground facilities from damage during or as a result of excavation. An excavator must know and conform to the clearance requirements of each existing underground facility.

  (d)   Any excavation must be carried out with reasonable care.

**Sec. 36A-5. Excavator's duties.**

  (a)   If any person damages, dislocates, or disturbs an underground facility or exposes an unmarked underground facility during excavation, the person must immediately notify the owner or operator of the underground facility. An excavator must take reasonable steps to find who owns or operates any unmarked line, including notifying the one-telephone-number utility notification system.

  (b)   If any gas or flammable liquid underground facility is severed, or damaged to the extent that its contents escape or may imminently escape, the excavator must immediately notify the public service company that operates the underground facility and the county emergency operations center.

  (c)   A person must not bury a damaged underground facility until:

    (1)   The public service company has been notified; and

    (2)   The public service company has repaired the damage or has given the excavator permission to bury the facility.

  (d)   During an emergency an excavator may excavate, without notifying a public service company as required in this chapter, to relieve any immediate danger to life, health or property, if:

    (1)   The excavator notifies the public service company as soon as possible;

    (2)   The excavator does not use any blasting; and

    (3)   The excavator takes all reasonable precautions to protect the underground facilities.

**Sec. 36A-6. Violations and penalties.**

  (a)   Any violation of this chapter is a class A violation.

  (b)   If, during excavation, any person who has failed to comply with this Chapter damages an underground facility;

    (1)   The Director of Permitting Services may issue a stop-work order under Section 8-20; and

    (2)   Any permits issued by an agency of the County to perform work related to the excavation may be revoked under the procedures that apply to each permit.

  (c)   Any excavator who violates Section 36A-5(c) may be subject to suspension or revocation of a building contractor's license, an electrician's license, or a plumber's license under Chapter 8, Chapter 17, or Chapter 34.

  (d)   This Chapter does not limit any rights or remedies under any other federal, state or local law. Compliance with this Chapter does not negate or restrict any liability that arises from any excavation.

**Sec. 36A-7. Administration.**

  The Department of Permitting Services administers this Chapter. The County Executive may adopt regulations under method (2) to implement this Chapter.

**Sec. 36A-8. Exemption.**

  This chapter does not apply to:

  (a)   Any excavation within the boundaries of a one-family residential property which is not performed by a contractor and does not require any permit issued by any agency of the county or a municipality; or

  (b)   Any surface replacement work within the boundaries of a public street or alley.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 37. Public Welfare.

**Sec. 37-1. Charitable and social relief-Authority to levy tax.**

  The council is hereby authorized and empowered to levy annually a tax on all the property of the county assessed for county tax purposes an amount sufficient for carrying out the following charitable and social relief functions: Extending relief to and providing for the care and maintenance of indigent persons, including care at state or other hospitals; providing public work for the unemployed in times of economic emergency; providing for the care and maintenance of children who are without proper care and guardianship and without adequate support; and other family guardianship and without adequate support; and other family welfare and general charitable and social relief activities.

**Sec. 37-2. Same-Administration; use of private agencies, etc.**

  The county executive may from time to time whenever it may deem it advisable: (1) In administering any such function as provided for in section 37-1 utilize the services of any existing private social welfare agency in the county; and (2) consolidate and place the administration of any and all such functions in any public social welfare agency established by the county or by the state or in any existing private social welfare agency in the county to be designated by the county; provided, that any social welfare agency so utilized, established or designated shall have a qualified professional staff and adequate standards of administration.

**Sec. 37-3. Private welfare agencies-Official designated to serve, etc.**

  If, in carrying out any of such functions as provided for in section 37-1 or 37-2, the county executive utilizes the services of any existing private social welfare agency, such public official as the county executive may designate shall be a member of the managing board or any executive committee of such agency and shall keep the county executive at all times informed as to the manner of expenditure of any public funds by such agency, and such agency shall make an annual report of all its receipts and expenditures to the county.

**Sec. 37-4. Same-Authority to expend funds through.**

  Any sums derived by the county from the levy of taxes as provided for in section 37-1, or from any other source for charitable or social relief purposes may be expended by the council through any social welfare agency availed of, established or designated under section 37-2.

**Sec. 37-5. Authority to make payments to foster homes.**

  The county may make reasonable payments to foster homes in addition to any payments the foster homes receive from any other source to secure adequate provision for the care of children in foster homes.

**Sec. 37-6. Burial expenses of paupers-To be paid by county.**

  Whenever any resident of the county who is a pauper shall die, the expense of his burial shall be paid by the county and the council shall levy in the usual manner and pay such sum as in its discretion shall be a reasonable and fair charge for the services rendered.

**Sec. 37-7. Same-Undertakers' bills to be accompanied by affidavit.**

  Every undertaker or other person presenting a bill for the burial of such pauper shall file with the director of finance an affidavit made by some taxpayer who shall state under oath that he knew the deceased in his lifetime and knows or verily believes that the deceased was, at the time of his death, without means to defray the expenses of his funeral and that the deceased owned or was entitled to no property which could properly be charged with the payment of the costs of his burial.

**Sec. 37-8. Board of Social Services.**

  (a)   Members. The County Executive must appoint a Board of Social Services, subject to confirmation by the County Council.  The Board has 13 voting members.  One member must be a member of the County Council.  Members must not be paid for their service, but may be reimbursed for expenses subject to appropriations.

  (b)   Officers. The Board must elect a chair annually in June.  The Board may elect other officers annually as it finds appropriate.

  (c)   Subcommittees. The Board may establish subcommittees that may include persons who are not members of the Board.  The chair of each subcommittee must be a member of the Board.

  (d)   Meetings. The Board meets at the call of the chair as often as required to perform its duties, but at least 9 times each year.  The Board must also meet if two-thirds of the members request in writing that a meeting be held.  The Chair must give reasonable advance notice of all meetings to members and the general public.  A majority of the members is a quorum to transact business.

  (e)   Bylaws. The Board may establish bylaws to govern its activities.

  (f)   Removal for absenteeism. The provisions of 2-148(c) apply to a Board member when the member is absent from at least 50 percent of Board meetings in a 12-month period.

  (g)   Duties. The Board should:

    (1)   meet and consult with the Executive, or the Executive's designee, about the appointment of the local Director of Social Services before the appointment;

    (2)   advise the local Director of Social Services and the Director of the Department of Health and Human Services about the local application of State policies and procedures;

    (3)   be well informed on social services activities;

    (4)   provide information to County residents about the objectives, policies, programs, and problems of social services and public assistance administration in the County;

    (5)   review the periodic evaluation of the administration of State social services and public assistance programs within the Department of Health and Human Services by the State, and consult with the local Director of Social Services and the Director of the Department of Health and Human Services about implementing recommendations from the State and any other recommendations based on the Board's evaluation;

    (6)   review the annual report of the local Director of Social Services and transmit it with any changes in policies or procedures recommended by the Board to the Secretary of Human Resources, the Executive, and the Council;

    (7)   review and make recommendations about the annual County budget for social services and public assistance;

    (8)   consult with the local Director of Social Services about any new service that could be implemented to meet an unmet need in the County, including whether the County is able to take on the new service, and whether it conforms to the State plan; and present the local Director of Social Services and Board's recommendations for new services to the State;

    (9)   take steps to obtain County funding to meet needs not financed by or available through any other federal, State, or local plan, project, or program, and which are not in conflict with the State plan;

    (10)   meet with the Secretary of Human Resources periodically, or at the Board's request;

    (11)   establish and maintain effective liaison with the Executive and Council;

    (12)   serve as an advocate, in conjunction with the State Department of Human Resources, for social services programs on the local, State, and federal level;

    (13)   work to identify private, State, and federal grant sources for social services programs;

    (14)   develop and implement, in conjunction with the State Department of Human Resources, an educational and public relations program for the public and elected officials on the local, State, and federal level;

    (15)   evaluate the local Director of Social Services, in conjunction with the State Department of Human Resources and County Executive and make recommendations about the local Director of Social Services to the Secretary of Human Resources;

    (16)   meet and consult with the Executive, or the Executive's designee, about the removal of the local Director of Social Services before any removal; and

    (17)   submit an annual report of the Board's activities to the Executive and Council by July 1 each year.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 38. Quarries.

**Sec. 38-1. Definitions.**

  In this chapter, the following terms have the following meanings:

  (a)   Abandoned area:

    (1)   Any area previously licensed for quarry operations for which no current license has been issued; or

    (2)   Any licensed quarry area, or part of a licensed area, which has not been operated as a quarry or used for related purposes for 2 years.

  (b)   Control Equipment: Any stationary or mobile device, or any structure, which reduces air, water, or noise emissions.

  (c)   Department: The Department of Environmental Protection.

  (d)   Director: The Director of the Department of Environmental Protection or an employee of the Department of Environmental Protection designated by the Director.

  (e)   Excess Emissions: Emission of any substance into the air that exceeds any applicable emission standard under any federal, state, or county law or regulation, or any license issued under this Chapter.

  (f)   Installation: Any structure or equipment, including control equipment, materials handling equipment, processing equipment, or stationary or mobile conveyance equipment, capable of causing or reducing air, water, or noise emissions.

  (g)   License Boundary: All areas designated in the license application and all other contiguous areas used in conjunction with, or necessary for, quarry operations. License Boundary includes excavations, overburden, berms, stockpiles, installations, processing and materials handling areas, required setback, and drainage areas.

  (h)   Licensee: Any person to whom a quarry license has been issued under this Chapter, including any agent or contractor of any licensee.

  (i)   Maintenance: Keeping property and equipment in operating order, and protecting it from failure and deterioration. Maintenance includes repair and associated short-term performance testing of equipment. Maintenance does not include production, handling, or disposal of any quarry product or by-product.

  (j)   Materials Handling: Any movement or handling of any raw material, processed material, finished product, or quarrying or processing by-product within the license boundary, including the loading of any such material onto any vehicle or other instrument of conveyance.

  (k)    Minor Quarry: Any quarry that:

    (1)   has less than 50 acres within the area covered by the license boundary, and

    (2)   ships less than 400 tons of extracted materials per day, averaged over the previous calendar year.

  (l)   Processing: Any operation or activity within the license boundary that facilitates conversion of any raw material to finished product. Processing includes handling of any by-product, and operation of any equipment, control equipment, installation, building, structure, or other improvement associated with activities conducted in the license boundary.

  (m)   Quarry: Any pit, excavation, or mining operation for the purpose of searching for or removing any mineral resource, and later handling and processing of extracted materials and associated by-products within license boundaries. Quarry does not include the excavation or mining of coal to the extent those activities are regulated by the State.

  (n)   Spillage: Intentional or unintentional deposit of any raw material, product, or by-product on any surface except the loadbearing portion of any vehicle, control equipment, or other equipment.

**Sec. 38-2. County policy.**

  The operation of a quarry is a legitimate business, but also is a heavy industrial activity which must be carefully regulated. Accordingly, the Director and other enforcement agents must take appropriate measures authorized by this Chapter or rules adopted under it to ensure maximum practicable protection to the environment and the health, safety, and welfare of the public working or living near any quarry subject to this Chapter.

**Sec. 38-3. Effect of Chapter on other laws.**

  (a)   This Chapter is in addition to and does not replace or override any County zoning law or special exception issued under any County zoning law by the County Board of Appeals, or any other applicable state or Federal law relating to the excavation, mining or removal of natural resources.

  (b)   This Chapter supplements other State and County laws and regulations governing noise, air quality, surface mining, blasting, sediment control, stormwater management, water quality, and mineral resource recovery.  If this Chapter conflicts with any other County, State, or Federal law or regulation, the most stringent law or regulation controls.

**Sec. 38-4. Right of entry by director, police, etc; enforcement.**

  (a)   This Chapter must be administered by the Director. The Department, the Police Department, the Department of Fire and Rescue Services, or other agents of the County as directed by the County Executive, may enforce this Chapter.

  (b)   The Director, employees of the Department, the Police, the Department of Fire and Rescue Services, and other agents of the County as directed by the County Executive, may enter any property licensed or required to be licensed under this Chapter or any abandoned quarry area, including structures thereon (except private residences), without consent of the owner or occupant at any time during the hours of operation and at other reasonable times as may be necessary to enforce this Chapter or any license provision. A person must not hinder, prevent or refuse to permit any inspection or investigation under this Chapter.

**Sec. 38-5. License required; issuance and renewal.**

  (a)   Applicability; term.

    (1)   A person must not operate a quarry without a valid license issued by the Department.

    (2)   Where 2 or more parcels of land containing quarry operations are not adjoining, a separate quarry license is required for each parcel.

    (3)   Any person conducting any quarrying activity within a license boundary is subject to the license and this Chapter.

    (4)   A license is valid for 3 years, unless revoked or suspended under this Chapter.

    (5)   The Director may extend a quarry license, for reasonable cause, up to 90 days beyond its expiration date. The Director must not extend a license more than 90 days. Any extension must be in writing and specify why the extension is granted.

  (b)   License Applications.

    (1)   Each applicant for issuance or renewal of a quarry license must pay the County a license fee established by Executive Regulation under method (3).

    (2)   Each application for issuance or renewal of a quarry license must be signed by each owner of the property in the license boundary (or, if there is more than one individual owner, the owners of a majority interest in the property), any lessee of property in the license boundary, and any operator of a quarry in the license boundary.  Each application must be in a form prescribed by the Department.

    (3)   An application for issuance or renewal of a quarry license is not complete until all information and documents required under this Chapter have been submitted, including any insurance policy, performance bond, site plan, water quality certification, sediment control and stormwater management plan, sediment control permit, or abandonment plan.

    (4)   The licensee must file a completed application for renewal of a quarry license with the Department at least 120 days before the license is scheduled to expire.  The Director may extend this deadline for not more than 15 days if the licensee shows good cause for not filing the renewal application on time. If a completed application is not filed by the applicable date, the Director:

      (A)   must not renew the license before it expires, and

      (B)   must treat any application for renewal as an application for the issuance of a new license.

    (5)   If the Director finds that a license or license renewal application is not complete, the Director must notify the applicant within 30 days after receiving the application and specify what additional information is necessary for the Department to process the application. The Director may extend the deadline set in the preceding sentence by 15 days by so notifying the applicant.

  (c)   Pre-hearing Procedures.

    (1)   The Department must make available for public inspection and copying at its offices, and at the public library nearest the site of the quarry or proposed quarry, a copy of the application and all other materials submitted by the applicant.

    (2)   If the Director finds that the license or license renewal application is complete, the Director must, at the applicant's expense, publish a notice of the application, including any license conditions proposed by the Director, in at least one newspaper of general circulation in the area of the quarry once each week for 2 consecutive weeks.  The notice must include:

      (A)   a brief description of any conditions that would be attached to the license;

      (B)   the time, date, and location of the public hearing; and

      (C)   the person to whom written comments on the license application can be sent.

    (3)   The Director must provide a copy of the notice under subsection (2) to any civic organization in the area around the license boundary if the organization has given the Department a written request to receive such notices.

  (d)   Two-stage Hearing Process.

    (1)   Before issuing or renewing a license, the Director must hold a hearing under this subsection.

    (2)   The first-stage hearing must begin not less than 30 days after the applicant files a completed application with the Department.

    (3)   The first-stage hearing is a legislative-type hearing.  Any person may testify orally or in writing or submit written questions to the Director at or before the hearing. The Director must then forward each question that is relevant to the issuance or renewal of the license to the applicant.  The applicant must file an answer to each written question with the Department not later than 15 days after the Director adjourns this hearing, and these answers must be included in the record of the proceeding.

    (4)   If the Director finds, on request of any party, after considering the record of the first-stage hearing (including the answers filed by the applicant), that any disputed issue of material fact impacting the public health, safety, welfare, or the environment, remains unresolved and an adjudicatory hearing may help resolve that issue, the Director may appoint the Office of the Hearing Examiner to hold a second-stage hearing under the procedures of Article I of Chapter 2A.  The Director by regulation may adapt the procedures of Article I of Chapter 2A to reflect the nature of this proceeding.  If the Director has proposed conditions for the issuance of the license, the Director's designee must participate as a party in this hearing.

    (5)   The second-stage hearing must be on the record, and each party must be given an opportunity to cross-examine each witness. Other than public access to Department files on the application under the state public records law, pre-hearing discovery must not be available.

    (6)   The applicant must pay the costs of recording and transcribing testimony at each hearing.

  (e)   Decision.

    (1)   After considering the record of the first-stage hearing (including the answers filed by the applicant) and the record of the second-stage hearing if one is held (including the report and any recommendations of the Hearing Examiner), the Director may issue, renew, refuse to issue or renew, or conditionally issue or renew a license.

    (2)   If the Director refuses to issue or renew a license, the Director must specify in a written decision the reasons for this action.

    (3)   In issuing or renewing any license, the Director may attach conditions, and may require compliance procedures and schedules, as the Director finds necessary to achieve the purposes of this Chapter.

**Sec. 38-5A. Annual license review.**

  (a)   Each licensee must, at least 30 days but not more than 60 days before the first and second anniversaries of the issuance or renewal of the license, file with the Department a certification updating the information in the most recent license application. The certification must include an updating of the site plan in accordance with Section 38-11 and a summary report of all monitoring required under the license.  The certification must be signed by the persons listed in Section 38-5(b)(2).

  (b)   The Director must publish, at the licensee's expense, a notice of receipt of the certification at least once in a newspaper of general circulation in the area of the quarry.  The notice must inform the public:

    (1)   that a certification has been received for the particular quarry and licensee;

    (2)   where the certification can be reviewed;

    (3)   that the department will receive written comments on the completeness and accuracy of the certification for 14 days after the notice is published; and

    (4)   of the date, time, and location of the information meeting under subsection (d) if one has been scheduled.

  (c)   The Director must send a copy of the notice to each civic organization in the area around the license boundary that has given the Department a written request to receive such notices.

  (d)   On request of any interested party during the 14-day comment period, the Director must conduct an information meeting within 30 days to receive public comment on the completeness and accuracy of the certification.

  (e)   After the information meeting, if one is held, and the 14-day comment period, the Director must decide whether the certification is complete and accurate.  If the Director finds that the certification is not complete and accurate, the Director must so advise the licensee in writing.

  (f)   The Director may suspend any license on the anniversary of its issuance if the licensee did not timely file a complete and accurate certification as required under subsection (a).  The Director must reinstate a suspended license if the Director finds, after following the process in subsections (b)-(e), that the licensee has filed a complete and accurate certification.

**Sec. 38-6. Liability insurance and performance bond required.**

  (a)   An applicant for issuance or renewal of a license under this Chapter must file with the application an insurance policy issued by a corporate insurance company authorized to do business in the state with the following coverages:

    (1)   commercial general liability coverage of at least $1,000,000; and

    (2)   automobile liability coverage with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence.

  (b)   The types or amounts of insurance required under this Section may be modified, and additional types of insurance may be required, by Executive Regulation.  When issuing or renewing a license for a minor quarry, the Director may waive the requirement for automobile liability coverage under subsection (a)(2) and the additional amount of performance bond authorized under subsection (e).

  (c)   Any insurance policy required under this Section or Executive Regulation must provide that the Director must be given 60 days advance written notice before the policy is cancelled or materially modified.

  (d)   Each licensee must maintain on file with the Department:

    (1)   current valid insurance policies that comply with this Section and Executive Regulation; and

    (2)   a valid performance bond or letter of credit under this Section.

  (e)   A licensee must also file annually a performance bond or a letter of credit acceptable to the County Attorney in the amount of $10,000, plus $300 for each acre under license, and an additional amount found by the Director to be necessary to guarantee rehabilitation of the abandoned area as provided in the abandonment plan and compliance with other applicable provisions of this Chapter and the license. If any portion of the bond or letter of credit is drawn against to correct violations of the license or this Chapter, the licensee must immediately provide a substitute or additional bond or letter so that the full amount required is posted.

  (f)   The requirements of this Section supplement any insurance or bond requirement under state law.  If state and County law require the licensee to obtain the same insurance policy, letter of credit, or bond, the licensee need only obtain one such policy, letter, or bond in the largest amount required by the state or County if the policy, letter, or bond is made payable to the County or jointly to the County and the state.

**Sec. 38-7. Notices to comply; revocation or suspension of licenses.**

  (a)   If the Director finds that:

    (1)   the holder of a license issued under this Chapter has violated any provision of the license or this Chapter;

    (2)   a quarry is not being operated in a manner that ensures maximum practicable protection of the environment and the health, safety, or welfare of the public; or

    (3)   a quarry is being operated in a manner that may endanger the health, safety, or welfare of the public; the Director must issue a written order directing the licensee to stop the violation or to correct conditions that the Director finds endanger or do not sufficiently protect the public health, safety or welfare.

  (b)   The order must inform the licensee of the specific violations or conditions to be corrected.

  (c)   Any order or notice must be served on the licensee by:

    (1)   personal delivery;

    (2)   mail to the address on the license application; or

    (3)   posting the order in a conspicuous location on the premises.

  (d)   An order to comply, cease, or correct conditions must give the licensee a reasonable time to comply.

  (e)   If the licensee requests a hearing before the time for compliance, cessation, or correction expires, the Director must conduct a hearing, after notice as provided in this Section.

  (f)   After notice and hearing, if requested, the Director may revoke, suspend, or impose or modify conditions attached to any license or issue a further corrective order if the Director finds that:

    (1)   the licensee has violated this Chapter; or

    (2)   the continued or proposed operation of a quarry would result in less than maximum practicable protection of the environment and the health, welfare, or safety of the public.

  (g)   Any revocation, suspension, order modifying license conditions, or further corrective order must be in writing and include the reasons for the decision. The Director must give the licensee notice of the decision as provided in this Section.

  (h)   If the licensee does not comply with an order issued under subsection (a) within the specified time and does not submit a timely request for a hearing, the Director must suspend the license until the licensee complies with the order.

  (i)   When a license is suspended or revoked, the licensee must immediately stop all quarry operations. If a licensee does not stop operations after receiving an order suspending a license, the Director must revoke the license.

  (j)   A citation for a violation of a license or this Chapter issued under Section 1-18 or 1-19 is not subject to this Section.  Any citation must be enforced as provided in Section 1-18 or 1-19.

**Sec. 38-8. Summary action by director to suspend or revoke license.**

  (a)   If the Director finds that the operation of any quarry poses an imminent threat to the public health, safety, or welfare, the Director must:

    (1)   issue an emergency corrective order, or

    (2)   summarily suspend or revoke a license until the threat is removed.

  (b)   The Director must give the affected licensee notice of and an opportunity for a hearing on the emergency order or summary suspension and revocation, as provided in Section 38-7.  A request for a hearing does not stay the Director's action.

  (c)   The Director must hold a hearing on an order issued or action taken under subsection (a) within 10 days after receiving a request for a hearing from the affected licensee. After the hearing the Director must promptly continue, modify, or withdraw the order issued or action taken under subsection (a).

**Sec. 38-9. Appeals from action of Director.**

  (a)   Any applicant for a license under this Chapter, any licensee, or any other person aggrieved by any action or order of the Director (including any person who lives or works within 3 miles of a quarry who participated in the hearing before the Director if a hearing was held), may appeal to the circuit court under the state law and rules governing appeals from administrative agency actions within 10 days after the order is issued or the action is taken.

  (b)   An appeal by a licensee stays a suspension of a license, except an emergency suspension under Section 38-8, but an appeal does not stay denial, revocation, or refusal to renew a license or a corrective order issued by the Director unless the court grants a stay of the action or order.

**Sec. 38-10. Barriers; setback.**

  (a)   Each licensee must screen visual intrusions on any residential property created by any quarry operation in the license boundary, except access roads.  The screening must be visually impenetrable to the maximum extent feasible.  In reviewing the type of screening required, the Director must consider the degree of screening provided, the degree of screening achievable, the component of the quarry operation being screened, the intrusiveness of the particular activity being screened, the cost of screening, and any other relevant factor.

  (b)

    (1)   Each licensee must maintain a 75-foot deep buffer zone along the license boundary in a natural condition, undisturbed by any structure, mining, or excavation.

    (2)   Access or security patrol roads; directional, identification, and warning signs; security fences; and acoustical or visual screens, berms or walls must be allowed in the buffer zone.

    (3)   The Director may reduce the buffer depth where a 75-foot setback is not practical or undue hardship would result. Any reduction must be offset by environmental effect mitigation measures that the Director finds offer equivalent protection.

  (c)   The Director may waive any requirement of this Section as a license condition for a minor quarry.

**Sec. 38-11. Site plan.**

  Before issuance or renewal of a license under this Chapter the applicant must file an updated site plan, which must be corrected annually at time of certification, showing:

  (a)   License boundary and property boundaries, and setback area.

  (b)   Portion of tract actually being excavated, and proposed excavation areas.

  (c)   The location of each building, equipment, processing plant, stockpile, berm, overburden, and other improvement or quarry activity in the license boundary.

  (d)   Permanent roads and temporary haul roads.

  (e)   Water supply and wastewater disposal.

  (f)   The date of approval of a current sediment control and stormwater management plan.

  (g)   The date of approval of a current sediment control permit.

  (h)   Compliance with state air quality operating permit requirements, specifying equipment locations.

  (i)   Compliance with state water quality discharge permit requirements, specifying discharge locations.

  (j)   Location and description of each item of control equipment.

  (k)   Abandoned areas, slope grades of abandoned areas, and a projected schedule of future abandoned areas.

  (l)   Certification of compliance with this Chapter.

**Sec. 38-12. Water quality.**

  (a)   The applicant for a license, or renewal of a license, must show that:

    (1)   the quarry complies, or before operations begin will comply, with all state water quality protection laws; and

    (2)   an approved sediment control and stormwater management plan is in effect, and a current sediment control permit is issued for the quarry.

  (b)   The licensee must not, in the license boundary or otherwise in connection with quarry activity, improperly handle, store, or dispose of any hazardous or toxic material or any other substance that may contaminate ground or surface water.

  (c)   Any license issued under this Chapter must require compliance with monitoring requirements and discharge limitations specified by a state National Pollutant Discharge Elimination System (NPDES) permit or any other state water quality permit.  The licensee must annually provide the Department with any monitoring results associated with a state NPDES permit or any other state water quality permit.

  (d)   Any slope, except an area of active excavation or a temporary stockpile, must be seeded within 10 days after land disturbance activity in the area is substantially complete.  A vegetative cover must be maintained on any slope required to be seeded under this subsection.  In this subsection, a temporary stockpile is a stockpile which exists for 10 or more days.

**Sec. 38-13. Vibrations and blasting.**

  (a)   Sections 22-14 and 22-71, regarding the storage and use of explosives, apply to licensees and licensed quarries.

  (b)   The operation of any quarry must not cause vibration by blasting, equipment operation, or any high-energy impulse that exceeds a peak particle velocity of 1 inch per second.

  (c)   The maximum allowable air blast must not exceed 130 linear decibels peak through the frequency range of 6-200 hertz.

  (d)

    (1)   On request of the Director, a licensee must produce a seismographic record, using response spectrum analysis, of each blast.

    (2)   The Director must approve the measurement method and instrumentation necessary to comply with this Section.

    (3)   The licensee must employ a person who is competent to use an approved instrument that has been calibrated according to the manufacturer's specifications.

    (4)   Vibration and air blast must be measured at the property line of the nearest occupied building that is not owned or leased by the licensee.

  (e)   The licensee must promptly report to the Director each blast or high-energy impulse that exceeds the standards set in subsections (b) and (c).

**Sec. 38-14. Noise.**

  (a)   For any quarry originally licensed before January 1, 1981, the maximum allowable property line sound levels for all operations, including blasting, must not exceed 80 A-weighted decibels between 7 a.m. and 5 p.m.  Between 5 p.m. and 7 a.m., the maximum allowable property line sound levels must not exceed the levels specified in Chapter 31B.

  (b)   For any quarry originally licensed after January 1, 1981, the maximum allowable property line sound levels for all operations except blasting must not exceed the levels specified in Chapter 31B.  The maximum allowable property line sound levels for blasting must not exceed 80 A-weighted decibels between 7 a.m. and 5 p.m.

  (c)   During 5 p.m. to 7 a.m., blasting is prohibited at any quarry.

  (d)   The Director may set stricter noise standards than those set in subsections (a) and (b) as license conditions for any quarry if the Director finds that stricter standards will better protect the public health, safety, or welfare.

  (e)   The Director may waive any noise monitoring requirement with respect to a minor quarry if the Director finds that the monitoring is unnecessary to protect the public health, safety, or welfare or the environment.

**Sec. 38-15. Air quality.**

  (a)

    (1)   All processing and materials handling equipment and systems and control equipment within the license boundary must be constructed and maintained to comply with permit standards of the state Department of the Environment or any successor agency.

    (2)

      (A)   A licensee must not discharge any emission visible to a human observer from any processing or materials handling equipment or control equipment, except water vapor in an uncombined form.

      (B)   However, a licensee may discharge emissions that do not exceed 40% opacity (unaveraged) for not more than 6 minutes in any 60-minute period and not more than 12 minutes in any 24-hour period because of start-up, process modifications or adjustments, occasional cleaning, or non-negligent equipment malfunctions.

    (3)

      (A)   The licensee must report any excess emissions from any installation to the Department.

      (B)   The Director may establish specific excess emission duration limitations, stricter than those set in subsection (a)(2), and reporting requirements as a license condition.

      (C)   Any period of excess emissions does not comply with the license.  The Director may consider any information reported by a licensee in deciding if any excess emission results from a legitimate installation malfunction or violates a license and this Chapter.

  (b)   A licensee or other person must not install or use any equipment or other device which, without reducing the total weight of any emission, conceals or dilutes any emission that would otherwise violate a license, this Chapter, or any other law.

  (c)

    (1)   Each licensee must use reasonable control measures to prevent particulate matter from becoming airborne.

    (2)   As part of any license application or renewal, the licensee must submit and the Director must approve a particulate control plan.

    (3)   The Director may require reasonable particulate control measures as license conditions.

  (d)   Except for stockpiles of product, excavation, and processing areas, any other disturbed area must be maintained in accordance with Chapter 19 and County regulations issued under it.

  (e)   The Director may require a licensee to install and maintain particulate and gas monitoring equipment to monitor control equipment performance. If the Director requires a licensee to install monitoring equipment after issuance or renewal of a license, the Director must give the licensee advance written notice that the monitoring equipment must be selected, sited, and installed with the concurrence of the Director. The licensee must make all data obtained from any monitoring equipment available to the Department on request.

  (f)   Emission or deposition of any material or substance beyond the license boundary violates the license and this Chapter.

  (g)   If the Director finds after reasonable investigation that a substance that is hazardous or toxic under federal, state, or County environmental, health, or safety laws or regulations is likely to be present in the air, water, or soil at or within one mile of a quarry in amounts that may be hazardous or toxic, the Director;

    (1)   may require further monitoring if the hazard is potentially continuous or recurring; and

    (2)   must order reasonable steps to remedy or abate the hazard, which may include periodic or continuous monitoring, testing, or analyses, or take other appropriate action to ensure maximum practicable protection of the public health and safety.

**Sec. 38-16. Access roads.**

  (a)   Within the license boundary.

    (1)   Roads for entrance and exit to public roads must be at least 20 feet wide and constructed of impervious material such as concrete or asphalt.

    (2)   Access roads listed in subsection (1) must be constructed and maintained for a distance of 150 feet, or more, if required by the Director for dust control, from the public road into the license boundary.  All other roads must be treated as needed with a preventive to control dust.

    (3)   The licensee must inspect and clean all vehicles exiting the license boundary so that residues or entrained material are removed from any non-load carrying parts of the vehicle.  Any vehicle with any residue or entrained material on any non-load carrying part of the vehicle must not exit until it is thoroughly cleaned.  The Director may, in the license, waive this condition for vehicles leaving office parking or other non-processing areas if these areas are totally segregated from other quarry activities.

  (b)   Outside the license boundary.

    (1)   When necessary, the Director may, in the license or by special order, designate truck routes to and from the quarry and restrict traffic originating at the quarry to those routes to prevent damage to public roads, to avoid unsafe traffic conditions, and to protect residential areas.

    (2)   All haulers must comply with routes designated under subsection (b)(1). The Director may issue a stop order to any hauler who has received 5 or more citations or warning notices for using a route other than designated routes within a 60-day period.  The stop order may prohibit the licensed quarry from furnishing materials to the hauler for up to 30 days.  After the Department has given a copy of the stop order to a licensee, the licensee must not furnish any quarry product to a hauler who is subject to a stop order.

    (3)   The licensee must keep the public roads free of foreign material and spillage, particularly dust-producing substances, at each entrance to or exit from the quarry and for a distance of up to one mile from the license boundary along the principal haul routes designated by the Director. The licensee must remove any spillage from the public roadway that originated from its quarry and properly dispose of the spillage within the license boundary.

    (4)   Each hauler also must remove any spillage on public roads that originated from its vehicle and properly dispose of the spillage. Each hauler and the licensee are jointly and severally responsible for cleanup of spillage within the one-mile boundary set in subsection (3) in addition to any other liability for spillage under applicable law.  Beyond the one-mile boundary each hauler must remove its spillage and properly dispose of it.

    (5)   Unless authorized by the Director in writing, road washing is not an acceptable means of removing spillage. The Director may require a licensee or hauler to provide water quality and sediment control mitigation measures as a condition of authorizing road washing to remove a spillage from a roadway.

    (6)   If the licensee or haulers do not remove spillage or other quarry-related road debris from a roadway promptly, the Department or the Department of Transportation may arrange to remove the spillage or debris at the expense of the licensee and haulers.  The licensee and all haulers using the quarry during the week the spillage occurred are jointly and severally  responsible for this expense.

  (c)   The Director may waive any requirement of this Section with respect to a minor quarry if the Director finds that waiver will not significantly reduce the protection of the public health, safety, or welfare or the environment.

**Sec. 38-17. Hours of operation.**

  (a)

    (1)   Except for blasting activities and as provided in this Section, a licensee must engage in excavation, mining, processing, or materials handling only between 6 a.m. and 6 p.m., Monday through Friday and 7 a.m. and 5 p.m. on Saturday.  Blasting must only be conducted between 7 a.m. and 5 p.m., Monday through Friday.

    (2)   From 6 p.m. to 6 a.m., only administration and maintenance activities are permitted within the license boundary.

    (3)   A licensee may conduct secondary and tertiary crushing of materials, associated conveyance of materials inside the license boundary, and screening and stockpiling of materials, between 6 p.m. and 8 p.m., Monday through Friday, from April 1 through September 30 of each year.

    (4)   Only those operations necessary for administration or security of a quarry may be conducted on Sunday.

    (5)   Activities listed in this subsection are permitted only if sound levels do not exceed the maximum property line sound levels specified in Chapter 31B or other requirements established in this Chapter or by regulation or as a license condition.

  (b)   The Director may approve extended operating hours for processing and materials handling under the procedures of this subsection.

    (1)   A licensee may submit an application for extended operating hours at least 12 days before the extended operating hours would begin.  The Director must require each applicant to pay a fee, established by regulation under method (3), that is sufficient to pay the Department's cost of processing the application, notifying the public, and monitoring the extended operating hours.

    (2)   After receiving an application for extended operating hours, the Director must notify the public and civic associations in each affected community by direct mail or other means that will effectively inform them of the proposed extended hours at least 10 days before the extended operating hours begin.

    (3)   Any person may submit written comments to the Director before the Director decides whether to approve the extended operating hours.

    (4)   The Director may approve extended operating hours only if the Director finds that:

      (A)   the applicant has shown substantial public need for the extended hours; and

      (B)   the public interest will generally be served by allowing the extended hours.

    (5)   The Director may also allow a licensee to load materials on trucks and haul the materials outside the license boundary during the extended operating hours if the Director finds that:

      (A)   the materials are required for work done by or for a government agency; and

      (B)   timely completion of the work requires that the materials be delivered to a work site between 6 p.m. and 6 a.m.

    (6)   Any approval order must specify the period of time during which the extended operating hours are effective and any other conditions of operation necessary to protect the public health, safety, or welfare or the environment.

    (7)   During extended operating hours, sound levels must not exceed the maximum property line sound levels specified in Chapter 31B or set under Section 38-14(d).

    (8)   The Director may require additional noise mitigation measures during extended operating hours.  These measures may include:

    (A)   strobe light backup warning devices on mobile equipment during periods of darkness; and

    (B)   audible warning devices which are adjustable to 5 decibels over ambient background sound, measured 20 feet from the device.

  (c)   Materials must not be loaded on trucks or hauled outside the license boundary between 6 p.m. and 6 a.m., except as allowed under subsection (b)(5).

  (d)   The Director may require additional periodic ambient air quality or noise monitoring during activities allowed under subsection (a)(3) or extended operating hours authorized under subsection (b) when necessary to protect the public health, safety, or welfare or the environment.

  (e)   Notwithstanding any other provision of this Section, any independent asphalt production and distribution operation that was active within a license boundary before January 1, 1992, may operate from 6 p.m. to 6 a.m. if it complies with all applicable noise, water quality, and air quality requirements under this Chapter.  This subsection does not allow any other licensee to operate during those hours.

**Sec. 38-18. Abandonment.**

  (a)   Minimum rehabilitation requirements.

    (1)   An applicant for a license or license renewal must file with the application an abandonment plan for the safe and environmentally sound termination of quarry activities on any property within the license boundary.  As each site or part of a site is abandoned in accordance with the abandonment plan, the licensee must perform the following minimum rehabilitation program to the area abandoned.  Failure to renew the license for a site or part of a site is conclusive evidence that the area is abandoned.

      (A)   Regrading.  All disturbed land must be regraded to no more than the maximum stable slope angle as the Department determines for the particular site.

      (B)   Drainage.  All damming or ponding areas within the abandoned site must be drained and filled, except where dams and ponds were in existence before the quarry was licensed or where authorized to remain by the Director for soil erosion or other rehabilitation purposes.

      (C)   Landscaping, erosion and backfilling.  All piles of disturbed earth or material resulting from the excavating operation must be graded to a smooth contour to control erosion and to prevent ponding and undrained water pockets.  Whenever erosion may cause silting of streams or wash onto public roads, or may cause erosion or silting on adjoining property not owned by the licensee, the area causing erosion or wash must be graded, covered with suitable soil to sustain growth, and then sodded or seeded.  All such areas not sodded must be landscaped by planting grass and trees where soil conditions permit. Seedling trees must be planted at a rate of at least 200 per acre as required by the Director and maintained through 1 year's growth. Other reasonable measures to prevent erosion may be prescribed by the Director as necessary.

      (D)   Removal of machinery and buildings.  All machinery and buildings must be completely removed and underlying excavations filled and properly compacted to grade, except such buildings or machinery that are to be continued in operation for a use permitted under the zoning classification.

      (E)   Fencing. Whenever the side of any excavation is greater than 75% grade, the excavated area must be fenced with a durable galvanized or masonry fence 6 feet high, located not less than 20 feet from the edge of the quarry excavation.  The Department may enter and repair or maintain such fence whenever the licensee or property owner has failed to do so after notice and a reasonable opportunity to comply.  The licensee and property owner are liable to the county for the cost of repairs or maintenance.

      (F)   Prohibited fill. Solid waste, as defined in Chapter 48, must not be used as fill for the abandoned quarry unless the quarry is licensed as an approved place of final disposal under Chapter 48 and state law.  However, nothing in this Chapter prevents the use of excavation for a solid waste acceptance facility under applicable law and regulations.

      (G)   Performance bond.  Failure of the licensee or property owner, after notice, to comply with the approved abandonment plan, license, or this Chapter must cause the performance bond or security to be forfeited. The Director must use the proceeds to correct the violation of the license or this Chapter or to carry out the approved rehabilitation plan including the minimum rehabilitation requirements hereunder. If the cost of correction or rehabilitation exceeds the bond amount, the licensee and the property owner are jointly and severally liable for all excess costs incurred by the County.

      (H)   Access roads.  All access roads must be suitably barricaded to prevent the passage of vehicles in or out of the abandoned area, except as needed for vehicles engaged in rehabilitation work until the plan for rehabilitation has been completed and other use necessitating access has commenced on the property.

  (b)   Exception. Quarries already abandoned on November 9, 1961, are not subject to this Section.

**Sec. 38-19. Trespass.**

  A person, without the consent of the owner of the premises, must not swim, fish, boat, hunt or discharge firearms upon any property within a license boundary.

**Sec. 38-20. Penalty for violations of chapter; injunctive relief.**

  (a)   Any person who violates this Chapter and any licensee who violates a license condition is subject to punishment for a class A violation. Each day a violation continues is a separate offense.

  (b)   The Department may seek injunctive or other appropriate judicial relief to prevent or stop violations of this Chapter or a license.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 38A. Radio, Television and Electrical Appliance Installation and Repairs.

**Sec. 38A-1. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Director: The Director of the Office of Consumer Protection.

  Electrical appliances: The following equipment used or intended for use in the home: Air conditioners, dishwashers, dryers, freezers, furnaces, garbage, disposals, ranges, refrigerators, vacuum cleaners and washing machines.

  Office: The Office of Consumer Protection.

  Radio and television equipment: Any device or instrument used or intended for personal use by the consumer for the transmission, reception or amplification of sounds, pictures or images by means of electrical impulses, including radios, televisions, amplifiers, pre-amplifiers, phonographs, tape recorders and tape players and any component part thereof.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 38A-2. Certificate of registration-Required.**

  (a)   It shall be unlawful for any person, firm or corporation to engage in the business, occupation, profession or trade of installing, repairing or maintaining radio and television equipment and electrical appliances unless such person, firm or corporation shall have first registered with the county.

  This provision shall not be construed to apply to any person employed by a registrant who installs, repairs or maintains radio and television equipment and electrical appliances under the supervision of a registrant; nor shall it be construed to apply to employees of any government entity or of any public utility or other corporation subject to regulation by the state public service commission or the Federal Communications Commission who are engaged in the repair and servicing of radio and television equipment and electrical appliances owned or operated by such public utility or other corporation.

  (b)   Any person, firm or corporation who violates the provisions of this section shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation continues to exist shall constitute a separate offense.

  (c)   Nothing herein contained is intended to affect, nor shall it be construed in any way to affect any of the licensing requirements of chapter 17 of this Code.

**Sec. 38A-3. Same-Filing; fee; requirements for certain applicants; maintenance of register.**

  (a)   Any person, firm or corporation desiring to be engaged in business to install, repair and maintain radio and television equipment and electrical appliances shall register on a form provided by the county. Each registration filed with the county shall be accompanied by a registration fee in an amount established by the county executive by written regulation. Registration fees shall be adjustable and shall be uniformly based on the size of the individual registrant's business establishment.

  (b)   No person, firm or corporation whose license or certificate of registration to engage in the business of installing, repairing or maintaining radio and television equipment and electrical appliances has been revoked in any other jurisdiction may be registered hereunder until satisfactory proof has been presented to the director that the circumstances which caused such revocation no longer exist or have no substantial bearing on the issuance of a certificate of registration in the county.

  (c)   The director shall maintain a register of all registrants.

**Sec. 38A-4. Same-Issuance.**

  The director must issue a certificate of registration to each applicant qualified under section 38A-3 if the applicant pays the registration fee established by executive regulation under method (3).

**Sec. 38A-5. Same-Term; renewal.**

  Certificates of registration issued under this chapter shall be valid for one (1) year from the date of issuance and may be renewed upon application to the director. Applicants for renewal shall pay to the county at the time of filing such application a fee established by the county executive by written regulation.

**Sec. 38A-6. Same-Display; duplicates.**

  Holders of certificates of registration issued under this chapter shall display the same in a prominent place at their places of business and, upon demand, shall give the number of the certificate of registration to any person who shall demand the same. If any certificate of registration is lost, defaced or destroyed, the registrant may obtain a duplicate upon application to the director and payment of a fee of three dollars ($3.00).

**Sec. 38A-7. Renewal refusal; revocation or suspension of license; civil fines.**

  In accordance with the procedure provided in section 38A-10 of this chapter, the county shall have the power to revoke, suspend or refuse to renew the certificate of registration of any registrant who shall be found to have violated any of the provisions of the consumer protection act, chapter 11 of this Code, or who shall be found to have engaged in any deceptive or unconscionable trade practice as defined in chapter 11 of this Code, or who shall be found to have violated this chapter by committing any one or more of the following acts or omissions:

  (a)   Fraud or deceit in obtaining a certificate of registration.

  (b)   Willful and deliberate violations of any provision of this Code, rules or regulations or laws of the county or of the State of Maryland relating to the installation, maintenance and repair of radio and television equipment and electrical appliances.

  (c)   Willful failure to perform, without justification, any contract for repair, installation or maintenance; or willful deviation from or disregard of any written estimate in any material respect without consent of the consumer.

  (d)   Any conduct constituting gross negligence.

  (e)   Making or authorizing any statement or advertisement which is false or misleading and which reasonably is or should have been known to be false or misleading.

  In addition to seeking the revocation or suspension of a registration, the county may also proceed to enforce or correct any violations of this chapter as a class A violation in the manner prescribed in chapter 1, sections 1-18 and 1-19 of the County Code.

**Sec. 38A-8. Records; estimates; returned parts; posting of notices.**

  (a)   Records. All work done by a registrant or any employee thereof shall be recorded on an invoice in such detail as is required by rule or regulation of the county executive and shall describe all service work done and all parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. One (1) copy shall be given to the consumer and one (1) copy shall be retained by the registrant for a period of at least one (1) year.

  (b)   Estimates. All consumers shall have the right to request a written estimate for labor and parts necessary for a specific job. If a written estimate is requested, a registrant shall make such an estimate, specifying the nature of the repair or maintenance required, the charges for specific parts and the charges for labor. Final charges may not exceed estimates by more than ten (10) percent without the consent of the consumer. Registrants may make a reasonable charge for giving an estimate. However, such charge shall be disclosed, in writing, to the consumer prior to acceptance by the registrant of the request for an estimate.

  (c)   Returned parts. Upon request, registrants shall return to a requesting consumer any part which such registrant has replaced, unless such parts are required by warranty to be returned to the manufacturer.

  (d)   Posting of notices. All business establishments which engage in the installation, maintenance and repair of radio and television equipment and electrical appliances shall post in a conspicuous place at the place of business a sign to be furnished by the county stating: "Under the provisions of the Montgomery County Code, all customers are entitled upon request to receive a written estimate, for which a fee may be charged, before repair work is begun. Customers are also entitled upon request to the return of replaced parts except those under warrant."

**Sec. 38A-9. Complaints; investigations.**

  (a)   Any person subjected to any unlawful practice as defined in this Chapter may file a complaint in writing with the Office as provided in Chapter 11.

  (b)   After receiving a complaint under this Chapter the Office must conduct investigations and hearings as necessary under the authority delegated by Chapter 11.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 38A-10. Procedure for revocation; hearing; appeals.**

  (a)   If the Office finds a violation of this Chapter or Chapter 11, or of any other applicable law or regulation relating to the installation, maintenance and repair of radio and television equipment and electrical appliances, the Office may, in addition to the procedures in Chapter 11, issue a written complaint against the registrant, seeking that the registrant's radio, television and electrical appliance installation and repair registration be revoked, suspended, or refused. All complaints issued by the Office must be in writing and specify the allegations on which the complaint is based and the law or regulation which the registrant allegedly violated. All complaints must be served on the registrant against whom the complaint is made either by personal service or by certified mail, delivery restricted to addressee, mailed to the last address recorded in the official County registry.

  (b)   Before revoking, suspending or refusing to renew any registration, the Office must offer the registrant an opportunity for a hearing to show why a registration should not be revoked, suspended, or refused. The Director may serve as hearing officer at any hearing, or the Director may appoint a hearing officer. The registrant must receive at least 15 days written notice of the hearing by personal service or certified mail delivered to the last address recorded in the official County registry. The notice must specify the time, date and place of the hearing and contain sufficient information to inform the registrant of the nature of the complaint. The notice must specify that the registrant has a right to representation by counsel and that the registration may be suspended, revoked, or refused by the County.

  (c)   The hearing officer, upon finding a violation of this Chapter, or the violation of any of the provisions of Chapter 11 of this Code, or the violation of any other applicable provision of law or regulation relating to the installation, maintenance and repair of radio and television equipment and electrical appliances, shall have the power to revoke, suspend, or refuse to renew the registration of any registrant. Any decision to revoke, suspend or refuse to renew registration shall be in writing and shall include a statement of the facts upon which it is based. Decisions shall be served upon a registrant by personal service or by certified mail. Any registrant aggrieved by any decision to revoke, suspend or refuse registration may appeal to the circuit court for the County in accordance with the procedure prescribed for administrative appeals by the Maryland Rules of Procedure.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 38A-11. Adoption of regulations.**

  The county executive is hereby authorized to adopt, under method (2) of section 2A-15 of this Code, written regulations necessary for the implementation of the provisions of this chapter, following public hearing on reasonable notice.

**Sec. 38A-12. Reserved.**

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 39. Rat Control.

**Sec. 39-1. Definitions.**

  For the purpose of this Chapter, the following words and phrases have the following meanings:

  Commercial exterminators: A private operator engaged in the business of rodent control and extermination.

  Director: The Director of the Department of Health and Human Services or Director's designee.

  Extermination: The elimination of all rats from a given area, generally accomplished by using poisons, gas or traps, as permitted by existing laws or regulations.

  Harborage: Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence on any premises. Harborage can be structural, incidental or temporary.

  Infestation: The presence of one or more rats that have established residence in any given area. Observation of live rats, active rat burrows, rat droppings or rat runways or tracks shall be considered prima facie evidence of rat infestation.

  Owner: Any owner, occupant, lessee, agent, operator, partnership, corporation or any other person or persons in custody of the premises as defined herein.

  Premises: All buildings, land area, foliage, fences or other appurtenances found on any given piece of property.

  Rat: Any of the domestic rodents order Rodentia, family Muridae. genus Rattus, subspecies Norwegicus or Rattus, Alexandrinus or Frugivorus.

  Rat feeding: Any condition which provides food for rats, including but not limited to stored food, garbage, pet food, wild bird feed, vegetable gardens and fruit trees.

  Ratproofing: Changing structural details and sealing openings to prevent or render more difficult the entry of rats into buildings.

**Sec. 39-2. Reserved.**

**Sec. 39-3. Inspections by director; when warrants required; right of entry.**

  The director is authorized and directed to take such actions as are necessary to identify and eliminate rat infestations and to require the correction of conditions contributing to rat infestations.

  (a)   The director is hereby authorized and empowered to enter onto any property in the county for the purpose of making inspections to determine the existence of a rat infestation. Prior to such inspection, the director shall give notice either orally or in writing of his intention to conduct an inspection and obtain the consent of the owner to the inspection. The director is empowered to enter property for inspection without prior notice where an emergency exists or the property is open to the public.

  (b)   If the owner refuses to consent to such inspection, the director shall, prior to any entry or inspection, obtain a warrant for such inspection. The warrant shall be obtained by a written application, signed and sworn to by the director, setting forth the purpose of the inspection and the address or location of the dwelling or property to be inspected. When, upon such application, it shall appear to any judge of the circuit court of Montgomery County or to any judge of the district court for Montgomery County or to any commissioner of Montgomery County that there is probable cause to believe that there is a violation of any provision of this chapter, then such judge or commissioner may forthwith issue a warrant directed to the director authorizing him to enter and inspect such property. The warrant shall state that any inspection made thereunder shall be made within thirty (30) calendar days from the date of issuance thereof; and after the expiration of such thirty-day period, the warrant shall be void.

**Sec. 39-4. Rat infestations prohibited; notice of violation; extermination by director; appeal from order of director.**

  It shall be unlawful for any owner to allow his property to be infested with rats or to be in such condition as to contribute to existing or potential rat infestations.

  (a)   When the director of the department of health shall, by inspection, determine that a rat infestation exists or that conditions contributing to rat infestation exist, he shall give notice of such infestation or condition and shall issue an order of action to be taken. Such notice and order shall:

    1.   Be in writing.

    2.   Contain an outline of remedial action.

  Such actions may include but are not limited to extermination, removal of food sources, removal of harborage and ratproofing of buildings.

    3.   Require that any remedial action by initiated within forty-eight (48) hours from the receipt, unless in the opinion of the director conditions require a lesser or greater period of time.

    4.   Allow a reasonable time thereafter for completion of the remedial action.

    5.   Be served upon the owner. A notice and order shall be deemed to be properly served if a copy thereof is delivered to him personally or if a copy thereof is sent by certified mail to his last-known address or address on the assessment records of the county; or if a copy thereof is posted in a conspicuous place in or about the property affected by the notice; or if he is served with such notice by any other method authorized under the laws of this state.

  (b)   If an owner, on whose property evidence of rat infestation exists, fails to initiate extermination of the rats within the time specified in the order from the director or fails to exterminate the rats within a reasonable time after initiating extermination, the director shall be empowered to enter upon such premises for the purpose of extermination of the rats; and the cost of extermination shall be a debt due to the county and shall be collected as other debts. The director is further empowered to contract with commercial exterminators for summary abatement of rodent infestations.

  (c)   The county board of appeals shall be empowered to hear testimony and decide all appeals taken from order or actions of the director under this chapter. Any persons aggrieved by an order or action of the director made under this chapter may appeal to the county board of appeals within ten (10) days of such order or action. Upon notice, after hearing, the board shall have authority to affirm, modify or reverse the order or action of the director. Such appeal shall not stay execution of the order or action unless the board, upon application, shall grant a stay for such order.

**Sec. 39-5. Public property.**

  The director shall take such action as necessary to control rat populations on publicly owned property throughout the county; provided, that, for any property controlled by any agency, other than the county government, such agency shall be required to reimburse the county for the cost of rat control.

**Sec. 39-6. Effect of chapter on other laws and ordinances.**

  This chapter shall not be deemed to repeal or modify or otherwise affect in any manner any other ordinance, resolution, law, rule or regulation of the county; provided, that wherever this chapter imposes more stringent regulations, restrictions, limitations or requirements, the provisions of this chapter shall prevail. Where any violation is also a violation of any other ordinance, resolution, law, rule or regulation of the county, enforcement shall occur under that ordinance, resolution, law, rule or regulation.

**Sec. 39-7. Regulations.**

  The county executive is hereby authorized to adopt, under method (2) of section 2A-15 of this Code, and enforce such regulations as he may from time to time find necessary to adopt to carry out the purposes of this chapter to protect the public health, safety and welfare.

**Sec. 39-8. Penalties for violations.**

  Any violation of any provisions of this Chapter or regulations promulgated under this Chapter is a class B violation. Each day a violation continues to exist is a separate offense. Extermination or correction by the Director, at the cost to the owner, does not relieve the owner from prosecution for violation of this Section for failure to obey the orders of the Director of the Department of Health and Human Services.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 40. Real Property.

### Article I. In General.

**Sec. 40-1. Knowing misrepresentation of boundaries, corners, public lands prohibited.**

  It shall be unlawful for any real property owner, real estate broker, real estate salesman or agent in selling property situated in the county, knowingly to misrepresent or knowingly to mislead the purchaser of such real property, as to the location of the boundary lines, the corners of such property and the location of contiguous land dedicated to, under easement to or owned by any public agency for the purpose of parks, roads, streets, alleys, sidewalks, crosswalks, storm drainage or other public use.

**Sec. 40-2. Subdivision plat to be provided.**

  It shall be the duty of either the property owner, broker, salesman or agent when selling an unimproved lot or a newly constructed house being sold for the first time, located within a subdivision recorded or intended to be recorded among the county land records, to provide to the purchaser, or if more than one (1) purchaser, to at least one (1) of the purchasers, prior to the entering of a contract of sale, an entire copy of the single recorded plat of subdivision on which the subject property is located or a copy of such plat as it is intended to be recorded in the land records; provided, that this provision shall not apply to subdivision plats not available from the Maryland-National Capital Park and Planning Commission. In the event that the property being sold is not an unimproved lot or a newly constructed house being sold for the first time, the purchaser shall be provided with a copy of the subdivision plat as aforesaid, or in the alternative, the purchaser in writing may waive the receipt of a copy of such plat at the time of execution of the contract, but shall prior to or at the time of settlement, be provided by the property owner, broker, salesman or agent, with a copy of the subdivision plat.

**Sec. 40-3. Penalty for violation of sections 40-1, 40-2.**

  Any person who shall violate any of the provisions of sections 40-1 and 40-2 shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 40-3A. Renewable energy devices.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    “Renewable energy” means the following energy sources or technology:

    (1)   solar;

    (2)   wind; and

    (3)   geothermal.

    “Renewable energy device” means a device that:

    (1)   creates, converts, or actively uses renewable energy; and

    (2)   meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device.

    “Owner of any building” includes a unit owner in a condominium, a lot owner in a homeowner’s association, and a shareholder in a cooperative housing corporation.

  (b)   Prohibition. A person must not create or enforce any deed restriction, covenant, rule, or regulation, or take any other action, which would prohibit the owner of any building from installing a renewable energy device.

  (c)   Applicability.

    (1)   Except as provided in paragraph (2), this Section applies to all deed restrictions, covenants, rules, and regulations adopted before and after this Section became law.

    (2)   This Section does not apply to a restriction imposed by:

      (i)   a forest conservation easement; or

      (ii)   a historic preservation requirement.

### Article II. Deeds of Trust.

**Sec. 40-4. Execution, acknowledgment and recording; validity; assignment.**

  From and after June 1, 1927, any instrument conveying real estate in the county whereby the same is conveyed to a trustee, to be held by him in trust to secure a debt therein described and commonly known as a deed of trust, shall be executed and may be acknowledged and recorded in the same manner as an absolute deed; and shall be valid as a security for any debt mentioned and described in such instrument. The clerk of the circuit court of the county shall be required to record deeds of trust in the same manner as that in which absolute deeds are now recorded; and, provided further, that in order to assign or transfer title to any evidence of debt secured by such deed of trust it shall not be necessary to record any form of assignment or transfer.

**Sec. 40-5. Release-Form.**

  A release of a deed of trust may be made in the following form or other like effect:

"For value received we or I, the trustee or trustees, named in the within or above deed of trust, do hereby release the above or within deed of trust, the note or notes secured thereby, having been exhibited to us duly marked canceled and paid.

"Witness our hands or my hand, and seal or seals, this ________ day of ________, A.D.________."

**Sec. 40-6. Same-Recording.**

  A release of a deed of trust may be written by the trustee upon the record in the office of the clerk of the circuit court for the county where the deed of trust to be released is recorded and attested by the clerk of the court; and the clerk at the time of recording each deed of trust shall leave a blank space at the foot thereof for the purpose of entering such release.

**Sec. 40-7. Same-Endorsement on original.**

  A release of a deed of trust may be endorsed on the original deed of trust by the trustee, and upon such deed of trust with the release thereon endorsed being filed in the office of the clerk of the circuit court for the county, the clerk shall record such release at the foot of the deed of trust.

**Sec. 40-8. Same-Retention of deed of trust by clerk of court.**

  When the deed of trust with the release thereon is filed for the purpose of recording the release, the clerk shall retain such deed of trust in his office and not permit the same to be again withdrawn; provided, however, that if the release is partial in its character after the recording of same, the clerk may permit the deed of trust to be withdrawn.

**Sec. 40-9. Validity of release in prescribed modes.**

  Each release of a deed of trust executed in either of the above modes shall be construed and deemed sufficient to release the deed of trust as fully and effectually as any instrument of writing whatever could do.

### Article III. Sale of Real Property.

**Sec. 40-10. Duty to allow buyers to review master plans.**

  (a)   Before signing a contract for the sale of real property, the seller must give the prospective buyer an opportunity to examine the applicable county master plan and any municipal land use plan for the area in which the property is located, and any adopted amendment to either plan, and approved official maps showing planned land uses, roads and highways, parks and other public facilities affecting the property contained in the plan.

  (b)   The initial seller of any improved residential real property must have available in a model home or sales office the plan and amendments listed in subsection (a). If a model home or sales office is not located on or near the property, the initial seller must have the plan and amendments available at the property.

  (c)   Each contract for the sale of real property must contain a clearly identified provision that notifies a prospective buyer of the buyer's right to review the applicable master plan and municipal land use plan and any adopted amendment.

  (d)   A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type within a clearly demarcated box, that:

    (1)   The seller has offered the buyer the opportunity to review the applicable master plan and municipal land use plan and any adopted amendment;

    (2)   The seller has informed the buyer that amendments affecting the plan may be pending before the planning board or the county council or a municipal planning body;

    (3)

      (A)   The buyer has reviewed each plan and adopted amendment; or

      (B)   The buyer has waived the right to review each plan and adopted amendment; and

    (4)   The buyer understands that, to stay informed of future changes in county and municipal land use plans, the buyer should consult the planning board and the appropriate municipal planning body.

**Sec. 40-10A. Disclosure of availability of water and sewer service.**

  (a)   Before the buyer signs a contract for the sale of any real property, the seller must disclose to each prospective buyer, to the extent the seller knows:

    (1)   whether the property is connected to, or has been approved for connection to, a public water and sewer system;

    (2)   if the property is not connected to a public water and sewer system:

      (A)   the source, if any, of potable water for the property; and

      (B)   whether an individual sewage disposal system has been constructed on the property or approved or disapproved for construction; and

    (3)

      (A)   the water and sewer service area category or categories that currently apply to the property, and a brief explanation of how each category affects the availability of water and sewer service;

      (B)   any recommendations in the applicable master plan regarding water and sewer service to the property; and

      (C)   the status of any pending water and sewer comprehensive plan amendments or service area category changes that would apply to the property.

  (b)   A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:

    (1)   The seller has provided the information required by subsection (a), or the seller has informed the buyer that the seller does not know the information required by subsection (a); and

    (2)   The buyer understands that, to stay informed of future changes in County and municipal water and sewer plans, the buyer should consult the County Planning Board, the Washington Suburban Sanitary Commission, the County Department of Environmental Protection, or any appropriate municipal planning or water and sewer body.

  (c)   In complying with the disclosure requirements of this Section, the seller or the seller’s agent may rely on information obtained from the County Planning Board, the Washington Suburban Sanitary Commission, the Department of Permitting Services, or the Department of Environmental Protection without further confirmation or verification, and the seller’s agent may rely on information obtained from the seller without further confirmation or verification.

  (d)   When a buyer of real property which is located in a subdivision o which an individual sewage disposal system has been or will be installed receives the copy of the record plat under Section 40-2, the buyer must confirm in writing that the buyer has reviewed the plat, including any restrictions on the location of initial and reserve wells, individual sewage disposal systems, and the buildings to be served by any individual sewage disposal system.

**Sec. 40-10B. Disclosure of covered building benchmarking and performance standards information.**

  (a)   Before a buyer signs a contract for the sale of a covered building as defined in Section 18A-38A, the seller must:

    (1)   disclose to the prospective buyer that the building is subject to building energy performance standards in Chapter 18A, Article 6;

    (2)   transfer the following records to the prospective buyer:

      (A)   the benchmarking property record from the benchmarking tool;

      (B)   documentation of data verification; and

      (C)   any other related records relevant to maintain compliance with Chapter 18A, Article 6; and

    (3)   provide to the prospective buyer the following information:

      (A)   performance baseline;

      (B)   interim and final performance standards; and

      (C)   building performance improvement plan.

  (b)   The prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type, that the seller has made the disclosures and provided the information required by subsection (a).

**Sec. 40-11. Disclosure of location of airport or heliport within five-mile radius of property.**

  It shall be the duty of the property owner's agent when selling either unimproved or improved real property located in the county, whether or not in a subdivision, or in the event an agent is not employed, it shall be the duty of the property owner, to disclose to the prospective purchaser, or if more than one (1) purchaser, to at least one (1) of the purchasers, prior to the entering into of a contract for sale of such property, the relative location of any airport or heliport, as defined in the county zoning ordinance, existing within a five-mile radius of the property.

**Sec. 40-11A. Disclosure of costs attributable to transportation related facilities.**

  (a)   A contract of sale of improved residential real property shall disclose to the initial purchaser and any subsequent purchaser, during the life of the assessment, the estimated or actual costs, if known, of any deferred costs attributable to the improvement or construction of any transportation-related facility, for which the purchaser shall become liable pursuant to an agreement with Montgomery County.

  (b)   In addition to the penalties of section 40-14, violation of this section entitles the purchaser to recover from the seller two (2) times the amount of the costs he is required to pay.

  (c)   A notice contained in a contract of sale which is in substantial conformance with the following form shall constitute compliance with this section: "Seller herewith informs purchaser of the existence of deferred charges attributable to transportation-related facilities for which purchaser assumes liability in the estimated amount of $________ dollars."

**Sec. 40-12. Disclosure of location in special protection area.**

  (a)   If any real property is located in an area designated as a special protection area under Section 19-62, the seller must disclose that fact to each prospective buyer before the buyer signs a contract for the sale of the property.

  (b)   A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:

    (1)   the seller has provided the information required by section (a); and

    (2)   the buyer understands that special water quality measures and certain restrictions on land uses and impervious surfaces may apply to this property.

**Sec. 40-12A. Disclosure of Historic Designation**

  (a)   If any real property:

    (1)   has been designated as a historic site in the master plan for historic preservation;

    (2)   is located in an area designated as a historic district in that plan; or

    (3)   is listed as a historic resource on the County locational atlas of historic sites, the seller must disclose that fact to each prospective buyer before the buyer signs a contract for the sale of the property.

  (b)   A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:

    (1)   the seller has provided the information required by subsection (a); and

    (2)   the buyer understands that special restrictions on land uses and physical changes may apply to this property, and the buyer may obtain more information about these restrictions from the staff of the County Historic Preservation Commission.

  (c)   The County historic preservation staff must inform the public, by posting on a web site or another equally effective means, that the boundaries of any historic district have changed within 5 days after the change takes effect.  The failure to post this notice does not invalidate any boundary change or other action.

**Sec. 40-12B.  Real property sold in Agricultural Zones.**

  (a)   If any real property is located in, adjoins, or confronts an area zoned agricultural, as defined in Section 59-C-9.1, the seller must disclose to each prospective buyer, before the buyer signs a contract for the sale of the property, that existing County and State law is intended to discourage owners of real property adjacent to agricultural-zoned land from filing certain lawsuits against an owner or operator of an agricultural use in those areas.  The following text must be substantially included in the disclosure:

  As required under Montgomery County Code § 40-12B, you are hereby notified that the state of Maryland and Montgomery County have enacted laws that establish agriculture as the preferred use on land zoned Rural Density Transfer and as a permitted use in other agricultural zones, as defined in Section 59-C-9.1 of the County Code.  The property subject to this contract is located in, adjoins, or confronts an area zoned agricultural.  Residents and other occupants of property near land in agricultural zones should be prepared to accept effects of usual and customary agricultural operations, facilities, and practices, including noise, odors, dust, smoke, insects, operation of machinery, storage and disposal of manure, unusual hours of operation, and other agricultural activities.

  Under Maryland law, an agricultural operation is not a nuisance, and a lawsuit may not be successful alleging that an agricultural operation interferes with the use or enjoyment of other property, if the agricultural operation:

      (1)   has continued for at least 1 year;

      (2)   complies with applicable health, environmental, zoning, and permit requirements; and

      (3)   is not conducted negligently.

  County law may provide additional protections for agricultural uses on agricultural-zoned land.  For further information, contact the Montgomery County Office of Agriculture.

  (b)   A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:

    (1)   the seller has provided the information required by subsection (a); and

    (2)   the buyer understands that:

      (A)   adjacent property may be the source of agricultural-related nuisances; and

      (B)   the buyer may obtain more information about these nuisances from the Montgomery County Office of Agriculture.

**Sec. 40-12C. Disclosure of actual property tax amount.**

  (a)   Any written or electronically transmitted material that a seller produces or distributes in connection with the advertisement for sale of a specific residential real property located in the County must disclose the estimated full-year property tax that a buyer would be obligated to pay in the next full tax year after the property is transferred, based on all applicable rates in force when the material is produced.  As used in this Section, the full-year property tax that must be estimated includes:

    (1)   all State and County property taxes (including any applicable special service area tax), and any applicable municipal property taxes; and

    (2)   any other non-tax fee or charge included on the consolidated tax bill.

  (b)   If any material subject to subsection (a) mentions both the annual property tax that the current owner is obligated to pay and the annual property tax that a buyer would be obligated to pay after the property is transferred, the material must:

    (1)   feature both tax amounts equally prominently; and

    (2)   present the property tax that the buyer would be obligated to pay either immediately before or immediately after the property tax that the current owner is obligated to pay.

  (c)   The estimate required by subsection (a) must be updated:

    (1)   each July 1, to reflect changes in tax, fee, and charge rates; and

    (2)   by January 31 if the current fiscal year is the third year of the property’s 3-year assessment cycle, to reflect the revised assessed value of the property issued by the State Department of Assessments and Taxation.

  (d)   The Office of Consumer Protection must assist a seller in estimating the information required under subsection (a).

  (e)   A seller or the seller’s agent is not liable for any incorrect information disclosed under this Section if the seller relied in good faith on a method approved or recommended by the County to estimate the information.

**Sec. 40-12D. Disclosure of availability of property tax credits for accessibility improvements.**

  (a)   Before the buyer signs a contract for the purchase of a new single-family residential real property in the County, the seller must disclose to each prospective buyer that a real property tax credit may be available to the buyer for the cost of installing accessibility features or the cost of Level I or Level II accessibility standards to the property as defined in Section 52-18U(a).

  (b)   The disclosure must include general information about the types of improvements for which the credits are available and an estimate of the general cost to make the improvements.

  (c)   A seller or the seller’s agent is not liable for any incorrect information disclosed under this Section if the seller or the seller’s agent relied in good faith on information provided by the County to describe the credit or to estimate the amount of the credit.

**Sec. 40-13. Other disclosure requirements not affected.**

  This Article does not supersede or otherwise affect any duty of a property seller, real estate agent, or broker to fully disclose all specific facts relevant to or affecting any property, imposed by any other law or regulation or any common law principle.

**Sec. 40-13B. Energy performance audits—single family homes.**

  (a)   Definitions. In this Section, the following words have the meanings indicated:

    Department means the Department of Environmental Protection.

    Director means the Director of the Department or the Director’s designee.

    Home energy audit means an evaluation of the energy efficiency of a home which includes any test or diagnostic measurement which the Department finds necessary to:

    (1)   ensure that a home’s energy efficiency is accurately measured; or

    (2)   identify steps that can be taken to improve a home’s energy efficiency.

    Office of Sustainability or Office means the Office of Sustainability in the Department of Environmental Protection created in Section 18A-13.

    Single-family home means a single-family detached or attached residential building.

  (b)   Before signing a contract for the sale of a single-family home, the seller must provide the buyer with:

    (1)    material approved by the Department that gives information about home energy efficiency improvements, including the benefit of conducting a home energy audit; and

    (2)   copies of the electric, gas, and home heating oil bills or cost and usage history for the single-family home for the immediate prior 12 months, unless the single-family home was unoccupied for the entire prior 12 months.  If the seller did not occupy the single-family home for the entire prior 12 months, the seller must provide the buyer with the required information for that part of the prior 12 months, if any, that the seller occupied the single-family home.

  (c)   The Office of Sustainability must evaluate options to encourage homeowners to conduct a home energy audit, including whether the County should require a home energy audit to be conducted before the sale of a single-family home.

**Sec. 40-13C. Radon test—single-family home.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    Department means the Department of Environmental Protection.

    Director means the Director of the Department or the Director’s designee.

    Single-family home means a single-family detached or attached residential building.  Single-family home does not include a residential unit that is part of a condominium regime or a cooperative housing corporation.

    Radon means a radioactive gas found in the air that comes from the natural breakdown of uranium in soil, rock, and water.

    Radon test means measuring the amount of radon in an indoor space:

    (1)   with a device made for this purpose;

    (2)   approved for use by the Director; and

    (3)   performed in accordance with the protocols specified for the device used.

  (b)   Except as provided in subsection (c), a single-family home located in the County must be tested for radon before completing a sale of the home.  The radon test must be performed less than one year before the settlement date. The seller must either perform the test or permit the buyer to perform the test.  Both the seller and the buyer must receive a copy of the results of the radon test.

  (c)   The settlement of the sale of a single-family home located in the County may be completed without a radon test if the sale is:

    (1)   exempt from the transfer tax under Md. Tax-Property Code, §13-207, as amended;

    (2)   by a lender or an affiliate or subsidiary of a lender that acquired the home by foreclosure or deed in lieu of foreclosure;

    (3)   a sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee;

    (4)   a transfer by a fiduciary in the course of the administration of a decedent’s estate, guardianship, conservatorship, or trust; or

    (5)   a transfer of a home to be converted by the buyer into a use other than residential or to be demolished.

**Sec. 40-14. Penalty for violation of Article; enforcement.**

  Any violation of this Article is a class A violation.  The Office of Consumer Protection must enforce this Article.

### Article IV. New Home Sales Contracts.

**Sec. 40-15. Definitions; scope.**

  (a)   In this article, the following words have the meaning indicated:

    New home means any newly constructed dwelling unit. "New home" includes any single- family home, townhouse, row house, or condominium which has not been previously sold and occupied.

    Buyer means the original buyer of a new home.

    Buyer's agent means any person expressly designated by the buyer to serve as the buyer's representative at a pre-settlement inspection. "Buyer's agent" does not include an employee or agent of the seller.

    Seller means any person or firm engaged in the business of selling new homes, or to whom a new home has been conveyed for resale in the course of business.

    Seller's agent includes an employee of a seller or an independent, licensed real estate agent representing a seller.

  (b)   This article applies to any contract for the sale of a new home entered into on or after March 15, 1989. It applies to all new homes sold in Montgomery County, whether the new home is built before or after the date of the contract.

  (c)   The conveyance of a new home to an intermediate person to evade any liability or obligations to a buyer under this article or any other law does not remove the new home from the requirements of this article.

**Sec. 40-16. Right to pre-settlement inspection.**

  (a)   Any buyer of a new home may inspect the new home before settlement. The home may be inspected by the buyer, who may be accompanied by a buyer's agent. The seller and buyer should negotiate the date and time of the inspection. However, the seller must allow an inspection not less than 24 hours nor more than 72 hours before settlement, unless the buyer agrees otherwise. This article does not prevent a buyer and seller from agreeing to more than this one inspection.

  (b)   The seller must allow a reasonable time to conduct the inspection. The seller or the seller's agent may attend the inspection.

  (c)   Any contract for the sale of a new home must include a statement that the right to a pre- settlement inspection is guaranteed by County law.

**Sec. 40-17. Disclosure of settlement and contract performance dates.**

  (a)   Any contract for the sale of a new home must clearly disclose the estimated settlement date, if any, and all other contract performance dates relating to the delivery of the home.

  (b)   These dates must all be disclosed in the same paragraph of the contract.

**Sec. 40-18. Recording oral statements or promises.**

  (a)   Any contract for the sale of a new home must contain a section in which oral statements or promises made by the seller, the seller's agent, or the buyer may be recorded.

  (b)   This section must be conspicuously displayed and must take the following form:

ORAL STATEMENTS OR PROMISES

Oral statements or promises often cause serious disputes between sellers and buyers of new homes. This section of the contract attempts to alleviate potential problems. Unless oral statements or promises are included in this contract, they may not be enforceable under law. By including the terms below, the buyer and seller are making them part of this contract. THIS SECTION SHOULD NOT BE LEFT BLANK IF YOU ARE RELYING ON ANY ORAL STATEMENT OR PROMISES.

The following oral statements or promises have been made by the seller, the seller's agent, or the buyer. Performance of each of these statements or promises is incorporated into each party's obligation to fully perform the terms of this contract:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  (c)   The contract must include sufficient space on which to record oral statements or promises. Additional pages may be used and, if used, must be incorporated by reference into the contract.

**Sec. 40-19. Arbitration clauses.**

  (a)   Any provision in a new home sales contract that requires arbitration of any dispute between buyer and seller must give both the buyer and seller an opportunity, when the arbitration procedure is to be initiated, to disaffirm the agreement to participate in the arbitration. At that time, either the buyer or seller may decide not to proceed with arbitration and may instead exercise any other remedy available by law.

  (b)   Any arbitration provision must clearly describe the method of arbitration to be used.

**Sec. 40-20. Administration and penalties; regulations.**

  (a)   This Article is enforced by the Office of Consumer Protection. Any violation of the Article is a class A violation.

  (b)   The County Executive may adopt regulations under method (3) to implement this Article.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 41. Recreation and Recreation Facilities.

### Article I. In General.

**Sec. 41-1. General authority of county.**

  In order to promote the health, safety, welfare, morals and comfort of its citizens, the county is hereby authorized to establish, develop and operate a coordinated and comprehensive public recreational program designed to meet the needs of all age groups of the citizens from a community, educational, fraternal, athletic and social standpoint. To carry out the purposes of this chapter the county is hereby authorized to provide and make available such recreational facilities and services as community buildings, recreation centers, playgrounds, rooms for public assembly, dances, games, nursery or other schools, swimming pools, tennis courts, baseball diamonds, athletic fields, bowling alleys, pool or billiard rooms, gymnasiums, golf courses, parties, fishing grounds, picnic grounds, cafeterias or restaurants for the serving of food and beverages and all other facilities and conveniences necessary or appropriate to provide the public recreational program herein authorized.

**Sec. 41-2. Applicability and intent of chapter.**

  Except as otherwise provided herein, the provisions of this chapter shall be applicable throughout the county and within the recreation district, it being the intent hereof that limited recreational services may be provided hereunder throughout the county, the cost thereof to be defrayed from county-wide revenues, and that more complete recreational services may be provided hereunder in the recreation district, the cost of the latter to be defrayed from special taxes levied in the district. The department of recreation shall perform its functions both county-wide and within the recreation district, within the limitations of the funds appropriated for each area. Ordinances, rules and regulations adopted by the council hereunder may apply throughout the county or be confined to the recreation district, as the council shall designate.

**Sec. 41-3. Acquisition of land.**

  The county is hereby authorized to acquire by grant, purchase, lease or condemnation any land or improvements necessary or appropriate for the purposes of this chapter and may construct such buildings and make such other improvements as are necessary or appropriate for such purposes, either on the land so acquired or on land held or acquired by the United States of America, the National Capital Park and Planning Commission, the Maryland-National Capital Park and Planning Commission, the state or any other public agency; provided, that if the consent of any government or agency thereof is required by law for the use of such land, such consent shall first be obtained.

**Sec. 41-4. Adoption of regulations.**

  In order to carry out the objectives of this chapter, the county executive is hereby authorized to adopt and amend, from time to time, regulations, under method (2) of section 2A-15 of this Code, for the government and use of all land, buildings and other recreational facilities acquired or constructed by or committed to the care or supervision of the county hereunder. Such regulations may include provisions limiting the use of any such recreational facility for reasons of health, safety, comfort or morals; for fees for the use of any such facility or service in connection therewith, provided, that such fees shall not exceed the cost of providing the same; for the issuance of permits by the director of recreation to individuals or groups of individuals for the use of any such facility, which permits may grant exclusive use thereof or limit the permittee to a particular area or facility.

**Sec. 41-5. "Recreation district" established.**

  There is hereby established a special taxing area, to be known as the "recreation district," the boundaries of which shall include all of the county with the exception only of that area now or hereafter included within the incorporated boundaries of the City of Rockville, the City of Gaithersburg and the Town of Washington Grove.

**Sec. 41-6. Violations.**

  Any violation of this Chapter or a regulation adopted under this Chapter is a Class A violation.  Each day that a violation continues is a separate offense.

### Article II. Commercial Campgrounds.

#### Division 1. Generally.

**Sec. 41-7. Definitions.**

  As used in this Article:

  Camper means a person who registers his party for the occupancy of a campsite or who otherwise assumes charge of or is placed in charge of a campsite.

  Camper unit means a tent or camping vehicle temporarily located on a campsite.

  Campground means a lot, tract or parcel of land upon which 2 or more campsites are located, established or maintained and occupied by camping units for children or adults or both. For the purposes of this Article, "campground" shall also mean "recreational campground of a commercial nature."

  Campsite means a plot of ground within a campground intended for the exclusive occupation by a camping unit or units under the control of a camper.

  Department means the Department of Health and Human Services.

  Director means the Director of the Department of Health and Human Services or the Director's designee.

#### Division 2. Licenses.

**Sec. 41-8. Required.**

  It shall be unlawful for any person to maintain or operate within the limits of the county any campground unless such person shall first obtain a license therefor.

**Sec. 41-9. Investigation and inspection.**

  The director shall make all investigations reasonably necessary to the enforcement of this article, and the director, his agents and other authorized county agents shall have the authority to enter and inspect, for the purposes of enforcing this article, at all reasonable times, those premises where a license is required by this article, or which are operating under a license, or where a license has been suspended or revoked.

**Sec. 41-10. Fees.**

  The annual license fee for each campground shall be three dollars ($3.00) for each campsite; provided, that the maximum license fee for one (1) campground shall not be more than four hundred fifty dollars ($450.00); and provided further that the county executive may from time to time, by written regulation, increase or diminish the license fee to an amount not to exceed the cost of licensing, inspections, administration and enforcement of this article.

**Sec. 41-11. Application and issuance generally.**

  Applications for a campground license shall be filed with and the license shall be issued by the director upon review and final acceptance thereof. Applications shall be in writing signed by the applicant and shall contain the following:

  (a)   The name and address of the applicant.

  (b)   The location and legal description of the campground.

  (c)   A complete plan, to include topography, roads, drainage, sites and utilities, of the campground showing compliance with section 41-18.

  (d)   Plans and specifications of all buildings and other improvements constructed or to be constructed within the campground.

  (e)   Such further information as may be necessary for the director to enable him to determine if the campground complies with legal requirements.

  The application and all accompanying plans and specifications shall be filed in triplicate. The director shall investigate the applicant and inspect the proposed plans and specifications. If they satisfy the terms of this article, the applicant will be granted approval to proceed with construction. If the applicant and campground are found to be qualified under the standards of this article, the department shall, upon completion of the campground according to the plans, or approval of an existing campground, issue the license. At the discretion of the director, applicants for renewal licenses need furnish only as much of the above information as necessary to determine compliance with this article or other laws.

**Sec. 41-12. Approval and certificates prerequisite to issuance.**

  No license provided for in this division shall be issued by the department until the following approval and certificates have first been filed with the department:

  (a)   Approval by the department that campsites, the premises and all buildings and fixtures in the campground are in compliance with the applicable building, electrical and plumbing codes, other applicable regulations and this article.

  (b)   A certificate from the fire marshal for the county that campsites, the premises and all buildings and fixtures in the campground are in compliance with the Fire Prevention Code and this article.

  (c)   A certificate from the director that campsites, premises and all buildings and fixtures and appurtenances in the campground are in compliance with the standards and regulations of the county and state board of heath and this article.

  Renewal of the license shall be automatic upon receipt of the application, unless any department or agency has filed an objection within fifteen (15) days because of violation of this article.

**Sec. 41-13. Denial, suspension or revocation-Generally.**

  The director, subject to appeal as provided in section 41-16, may deny, revoke or suspend any license issued under this division upon a finding that, for any sufficient reason, including activities of the owner, operator or employees of the campground or of the occupants of the campsites, a campground licensed hereunder or for which a license application has been made constitutes a detriment, is injurious to or is against the interests of the public health, safety, morals or welfare. In making such a finding, the director shall consider, but not by way of limitation, the following:

  (a)   Good moral, reputable and responsible character of the licensee, operator or employees, including their police and penal history, license history and general personal history.

  (b)   Compliance with this article and with all applicable state and county laws, rules and regulations, including health standards, safety regulations, fire regulations, building, plumbing and electrical codes.

  (c)   Occurrence, or repeated occurrences, on the premises by the owner, licensee or operator, or his knowingly permitting or suffering to be permitted by any employees or occupants, without report and corrective action, occurrence of any offenses involving crimes of violence, sex offenses, prostitution or solicitation, drunkenness, or violation of gaming, alcoholic beverage or narcotic drug laws, contributing to delinquency of minors, disorderly conduct and similar or other offenses or offenses which constitute a public nuisance.

**Sec. 41-14. Same-Notice and hearing.**

  Before denying, revoking or suspending any license, the director shall give notice to the applicant or licensee specifying therein the specific violations or reasons for the proposed action, which notice shall direct the applicant or licensee to appear before him at some specified time to show cause why such license should not be denied, suspended, or revoked. Upon failure or refusal of the applicant to appear or upon findings at the hearing, the director may deny, suspend or revoke the license. All orders or notices by the director shall be served on the applicant or licensee by certified or registered mail at the address shown on the application, or by personal delivery. If the applicant or licensee cannot be found, it shall be sufficient to serve any person in charge of the enterprise at the premises or to post a copy of the order or notice on the premises.

**Sec. 41-15. Same-Summary action.**

  The attendant or caretaker shall be answerable, with the licensee or owner, for the violation of any provisions of this article to which the licensee or owner is subject.

  (a)   When the operation of any campground is so inimical to the public health, safety and general welfare as to constitute a present public nuisance or immediate danger and thus to give rise to an emergency, the director shall have the authority to order summarily the immediate cessation of the violation and immediate corrective action. Upon failure to comply, the license may be revoked or suspended without other prior notice to hearing.

  (b)   Unless waived in writing by the licensee, within ten (10) days after he has acted summarily, the director shall conduct a special hearing for such action in respect to the summary order as may therein be determined. Notice of such hearing shall be given the affected person in the manner described in section 41-14.

**Sec. 41-16. Same-Appeal.**

  Any person aggrieved by any decision or action of the director under this division shall have the right to appeal to the board of appeals by filing a written application within ten (10) days following the effective date of the action or decision complained of in such form as the board may prescribe, and the board, within thirty (30) days from the filing thereof, shall hold a public hearing, and shall be empowered thereafter to affirm, abate, reverse or modify the decision or action of the director.

**Sec. 41-17. Posting.**

  The license certificate issued under this division shall be conspicuously posted in the office of or on the premises of the campground at all times.

#### Division 3. Standards.

**Sec. 41-18. Physical standards.**

  (a)   The campground shall be located on a well-drained site, not adjacent to swamps or marshes, properly graded to ensure rapid drainage and freedom from stagnant pools of water. Each campsite shall be well-drained and laid out in such manner as to provide sufficient open and graded space for the accommodation of camping units.

  (b)   Each campsite shall provide a minimum of nine hundred (900) square feet of space and, if vehicles are permitted on the campsite, shall provide additional parking space for an automobile in a manner as not to interfere with the convenient and safe movement of traffic.

  (c)   All campsites which accommodate vehicles shall abut upon a driveway of not less than twenty-five (25) feet in width which shall have direct access to a public highway, street, road or other public right-of-way; provided, that where one-way traffic is designated a road fifteen (15) feet in width shall be permitted, and that where an entrance gate to the campground is erected, an attendant shall be on duty at all times to allow the entrance of

emergency vehicles. All service roads shall be constructed in such fashion as to permit convenient and safe movement of traffic. Service roads and parking areas shall be composed of suitable material to provide stability and all weather access.

  (d)   Each campground shall provide service buildings to house those toilet and other fixtures required in section 43H030601, regulations governing camps of the state board of health and mental hygiene, which regulations are herewith made part of this article. Service buildings shall be located not closer than fifty (50) feet nor farther than fifteen hundred (1,500) feet from any campsite and may be permanently constructed; provided, that there shall be toilet and handwashing facilities no farther than six hundred (600) feet from any campsite.

  (e)   The campground shall comply with the zoning ordinance, chapter 59 of this Code.

  (f)   In addition to the water supply and sewage disposal requirements contained in sections 43H0307 and 43H0308 of the aforementioned state regulations, each campground, which admits travel trailers, shall provide facilities for filling trailer water tanks and for discharging sewage wastes from trailer holding tanks into the campground sewage disposal system.

  (g)   Each campground shall be equipped, at all times, with one (1) fire extinguisher in good working order for every fifteen (15) campsites. The length of travel from any campsite to the nearest extinguisher shall not exceed two hundred (200) feet.

  (h)   Where fireplaces are provided, they shall be surrounded by a clear zone of ten (10) feet in all directions.

  (i)   Campsites may be equipped with temporary platforms constructed only by the owner. Permanent or semi-permanent huts or other living room additions to camping units shall not be permitted.

**Sec. 41-19. Standards of operation.**

  (a)   Each campsite may accommodate one (1) or more camping units occupied by persons belonging to the same party in charge of an individual camper.

  (b)   Residence at any campsite in a particular campground by the same person or persons shall not be permitted for more than fifteen (15) days in any thirty-day period.

  (c)   Only camping units as defined in section 41-6 shall be permitted on campsites.

  (d)   Campfires and open fire cooking operations may only be established within a clear zone extending ten (10) feet in all directions.

  (e)   Each licensee shall keep a register of all campers and occupants including the following information:

    (1)   Campsite number.

    (2)   Name and address of each occupant.

    (3)   Dates of arrival and of departure of each camper.

    (4)   License number, state of license, make, year and model of automobile.

    (5)   Registration number, state of registration and ownership of towed camping vehicles, if any.

  Each licensee shall keep the register available for inspection at all times by law enforcement officers or other officials of the county whose duties require access to the information contained in the register. Registers shall not be destroyed for a period of three (3) years following the date of registration.

  (f)   The campground shall be supervised by the owner, licensee or duly authorized attendant, and there shall be on the premises at all times a responsible person who can take emergency action.

  (g)   The licensee shall keep the campground, its facilities and equipment in good repair and in clean and orderly condition.

### Article III. Recreation Areas and Advisory Boards.

**Sec. 41-20. Designation and purpose of recreation areas.**

  The county executive is hereby authorized to designate, and change from time to time, by executive order, the geographical boundaries of such recreation areas within the recreation district as the county executive determines are necessary to distinguish parts of the county with common recreational needs. The purpose of these areas will be to identify geographically parts of the county so that the administration of the county's recreation program can be carried out more efficiently and effectively to meet particular needs.

**Sec. 41-21. Recreation and Parks Advisory Board.**

  (a)    There is a County Recreation and Parks Advisory Board. Each member is appointed by the County Executive and confirmed by the County Council for a 3-year term beginning on July 1. A member serves until a successor is appointed and confirmed.

  (b)    The voting members of the Board are:

    (1)   3 representatives from each recreation area; and

    (2)   6 members appointed from the County at-large to represent a cross-section of the population of the County.

  (c)    The ex officio, nonvoting members of the Board are:

    (1)   a representative of the Department of Parks of the Maryland-National Capital Park and Planning Commission;

    (2)   an administrative representative of the Board of Education;

    (3)   the immediate past Chair of the County Recreation Board, unless that person serves on the Board in another capacity;

    (4)   a representative of the Office of Community Use of Public Facilities;

    (5)   a representative of the Community Action Board;

    (6)   a representative of the Commission on Aging; and

    (7)   a representative of the Commission on People with Disabilities.

**Sec. 41-22. Same-Duties and responsibilities.**

  The County Recreation Advisory Board must:

  (a)   Study the recreation services and needs of the County.

  (b)   Act in an advisory capacity to the Director of Recreation, the County Executive and the County Council in matters relating to recreation policies and services.

  (c)   Assist in developing and maintaining cooperative relationships with the Board of Education, the Maryland-National Capital Park and Planning Commission, and the various voluntary agencies in the County in matters affecting recreation programs and services.

  (d)   Interpret recreation policies and programs to the County Council and to the public.

  (e)   Recommend to the Director items the Board believes should be included in the budget.

  (f)   Review plans for new facilities and make recommendations to the Director concerning them.

  (g)   Appear at special Department of Recreation functions and visit recreational programs and activities from time to time.

  (h)   Coordinate the activities of the recreation area advisory boards.

**Sec. 41-23. Officers; committees; bylaws; meetings; quorum; compensation of members.**

  (a)   The chairperson of the county recreation board shall be elected by the membership annually. The county recreation board is authorized to elect other officers, to establish committees of its members and to adopt by-laws and adopt regulations, under method (2) of section 2A-15 of this Code, for the conduct of its affairs as it deems desirable.

  (b)   The county recreation board meets in public session on call by the chairperson as frequently as necessary to perform its duties, but not less than once each quarter of any calendar year. Reasonable notice must be given for all meetings of the board. A majority of the members of the board is a quorum for the transaction of business, and a majority vote of those present at any meeting is required for any action taken by the board.

  (c)   Members of the county recreation board serve without compensation.

**Sec. 41-24. Same-Services and facilities; advisor.**

  (a)   The chief administrative officer is authorized to make available to the county recreation board such services and facilities of the county government as may be necessary to carry out the functions of the board.

  (b)   The director of the county department of recreation shall serve as advisor to the county recreation board.

### Article Iv. Montgomery County Sports Advisory Committee.

**Sec. 41-25. Montgomery County Sports Advisory Committee – Established.**

  (a)   There is a Montgomery County Sports Advisory Committee.

  (b)   For purposes of this Article, Committee means the Montgomery County Sports Advisory Committee.

**Sec. 41-26. Committee – Membership; officers; and meetings.**

  (a)   The Committee consists of 17 voting members appointed by the County Executive and confirmed by the County Council.

  (b)   The membership of the Committee should reflect the diversity of the County, including diversity in race, ethnicity, sex, gender identity, sexual orientation, geography, sports represented, and non-profit and for-profit organizations.

  (c)   A voting member:

    (1)   serves for a term of 3 years; and

    (2)   must not be appointed to serve for more than 2 consecutive full terms.

  (d)   The Committee must elect a chair and a vice-chair from among its voting members.

  (e)   Nonvoting, Ex-Officio Members.  The nonvoting, ex-officio members of the Committee are:

    (1)   the Director of the Department of Recreation, or the Director’s designee;

    (2)   the Chair of the Planning Board, or the Chair’s designee;

    (3)   the Superintendent of the Montgomery County Public Schools, or the Superintendent’s designee;

    (4)   the President of Montgomery College, or the President’s designee;

    (5)   the Director of Community Use of Public Facilities, or the Director’s designee;

    (6)   a mayor of a municipality designated by the County Executive, or the mayor’s designee;

    (7)   the Chair of the Revenue Authority, or the Chair’s designee;

    (8)   the Chair of the Board of the Montgomery County Sports Hall of Fame, or the Chair’s designee; and

    (9)   the Director of the Department of Health and Human Services, or the Director’s designee.

**Sec. 41-27. Committee – Responsibilities.**

  The Committee must:

  (a)   prepare and submit to the County Executive and the County Council an annual report regarding sports participation in the County, including:

    (1)   factors that affect sports participation in the County, including the availability of and access to athletic fields, facilities, and sports; and

    (2)   recommendations to improve the quality, quantity, and variety of sports opportunities and facilities in the County; and

  (b)   together with the County Executive and County Council, formally recognize teams and athletes in the County who win state or national championships, or who represent the United States in international competition.

**Sec. 41-28. Committee – Staffing.**

  The Department of Recreation must provide staffing to the Committee.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 41A. Rental Assistance.

### Article I. Rental Assistance Program.

**Sec. 41A-1. Purpose of the Rental Assistance Program.**

  The purpose of this Article is to establish a Rental Assistance Program in the Department of Health and Human Services to assist eligible persons or households to pay the rent on dwelling units that are appropriate to their needs.  The Council intends that the Rental Assistance Program be periodically modified by regulations adopted by the County Executive to meet changes in the level of appropriated funding, the anticipated number of households eligible for benefits, the current average costs of rental housing, and the extent to which the available funding can provide a useful level of assistance to benefit recipients.

**Sec. 41A-2. Definitions.**

  In this Article, the following words have the meanings indicated:

  (a)   Applicant means a person, commonly the head-of-household, who applies for rental assistance on behalf of a household.

  (b)

    (1)   Asset means any property or interest in property, including:

      (A)   cash;

      (B)   a time or demand deposit in a financial institution or money market fund;

      (C)   stock;

      (D)   a bond;

      (E)   a share in a mutual fund; or

      (F)   an interest in a trust; or

      (G)   real estate.

    (2)   Asset does not include:

      (A)   furniture and furnishings used in the rental unit;

      (B)   clothing; or

      (C)   one automobile for each member of the household who is a licensed driver.

  (c)    Department means the Department of Health and Human Services.

  (d)    Director means the Director of the Department of Health and Human Services or the Director's designee.

  (e)   Eligible Household means a household that meets the standards of eligibility adopted in regulations, and includes one or more of the following:

    (1)   a person with a documented disability and any others who live with the person under the same rental agreement;

    (2)   a person 55 years of age or older, and any others who live with the person under the same rental agreement; or

    (3)   a person who is a participant designated by the Director as eligible for participation.

  (f)   Eligible rental unit means a rental unit in the County:

    (1)   that conforms to the standards adopted in regulations;

    (2)   for which the household has a rental agreement; and

    (3)   that maintains all licenses and permits as required by Chapter 29.

  (g)

    (1)   Gross income means the total household income from all sources, whether or not reported on a federal or state income tax return.

    (2)   Gross income does not include losses from business, rental, or capital transactions and certain third-party, educational, and restitution payments specified in regulations.

  (h)   Person with a documented disability means a person who:

    (1)   receives disability benefits under the Social Security Act or the Railroad Retirement Act, or from a federal, state, or local government disability retirement system; or

    (2)   has a physical, mental, or emotional impairment that substantially limits one or more major life activities of the individual as the Department determines after the individual submits a statement of condition of disability from the individual’s physician.

  (i)   Recipient means a person who is receiving benefits on behalf of a household under this Article.  A recipient includes a person who reapplies for benefits before the end of that person’s eligibility period.  Each recipient must be at least 18 years old, a resident of the County, reside at the application rental unit, and be a member of the household.

  (j)   Rental unit means a unit occupied by not more than one household, which includes:

    (1)   a detached or attached single family home or townhouse;

    (2)   an apartment in a multi-family facility;

    (3)   a condominium or cooperative unit in a multi-family facility;

    (4)   a rental mobile home in a licensed mobile home park, or a rented mobile home pad on which the applicant has placed a mobile home in a licensed mobile home park; or

    (5)   a room or group of rooms in an attached or detached single family home or townhouse, apartment, condominium or cooperative.

**Sec. 41A-3. Eligibility for Rental Assistance Program benefits.**

  (a)    A household is eligible to receive Rental Assistance Program benefits if the household meets the standards established in regulations. The standards of eligibility must consider, but are not limited to, the following elements:

    (1)   gross income limits for varying household sizes;

    (2)   the combined assets of the members of the household;

    (3)   appropriateness of the size of the rental unit for the number of persons in the household; and

    (4)   whether the actual rent paid exceeds a monthly rent limit for the size rental unit that has been set by regulation.

  (b)    Not more than one household in a rental unit may be approved for or receive benefits under this Chapter during any month.

**Sec. 41A-4. Application for benefits.**

  (a)   Each applicant for the Rental Assistance Program must submit, on a form provided by the Department, an application that must contain all information, documentation and certifications necessary to decide eligibility and benefit levels.

  (b)   The applicant must sign the application and attest that the information provided is true and complete.

  (c)   Any household that has received Rental Assistance Program benefits must reapply after each approval period expires to verify if the household continues to meet the applicable eligibility criteria. A recipient who moves from a rental unit for which benefits have been received must reapply to receive benefits for any other unit.

**Sec. 41A-5. Rental assistance benefits.**

  The Rental Assistance Program administrator must approve or disapprove each application received in accordance with the applicable regulations, and must notify each applicant in writing of any approval or disapproval. The administrator may authorize the Department of Finance to make benefit payments to eligible households as follows:

  (a)   Benefits under this Article must be paid in accordance with criteria set by Method 2 regulation. However, the specific minimum and maximum benefit that may be paid to an eligible household must be determined annually by Method 3 regulation.

  (b)    Benefits under this Article must be paid monthly in a form set by regulation.

  (c)    Benefit payments below an amount specified by regulation must not be made.

  (d)    A household receiving benefits must notify the Department of changes in its gross income as required by regulation.

  (e)    If a recipient of Rental Assistance Program benefits dies or becomes institutionalized during the period for which benefits have been approved, the remaining benefit payments may be paid to a surviving member of the household if the household continues to reside at the application rental unit. At the end of the approval period, the household must reapply to see if the remaining household members continue to be eligible for Rental Assistant Program benefits.

**Secs. 41A-6-41A-8. Reserved.**

### Article II. Handicapped Rental Assistance.

**Sec. 41A-9. Purpose of rental assistance program for the handicapped.**

  (a)   The purpose of this article is to provide rental assistance to handicapped persons who:

    (1)   Are unable to live independently;

    (2)   Whose income meets requirements established by regulations; and

    (3)   Who require a supporting service.

  (b)   Unless specified otherwise, regulations applicable to the Rental Assistance program under Article I do not apply to the Handicapped Rental Assistance program under this Article.

**Sec. 41A-10. Definitions.**

  In this Article, the following words have the meanings indicated:

  (1)   Handicapped means a physical, mental, or emotional impairment of any person that substantially limits one or more major life activities.

  (2)   Licensee means a person or organization:

    (A)   Licensed to operate a group residential care facility under Chapter 23A; or

    (B)   Whose residential care facility does not require a license under Chapter 23A, but whose program has been approved by the Director of Health and Human Services under Section 23A-4.

  (3)   Supporting services means services available based on assessed need for:

    (A)   Counseling;

    (B)   Protective services to adults;

    (C)   Housing improvement services;

    (D)   Health-related services, including personal care;

    (E)   Housekeeping and shopping assistance;

    (F)   Social participation and chore services;

    (G)   Home-delivered meals; and

    (H)   Transportation to needed community resources or facilities.

**Sec. 41A-11. Eligibility for handicapped rental assistance.**

  (a)    A handicapped individual is eligible for rental assistance under this article if the individual:

    (1)   Meets the income requirements of applicable regulations;

    (2)   Is accepted by a licensee for participation in its residential care program; and

    (3)   Has been a resident of the County for 6 months before submitting an application for assistance or institutionalization.

  (b)    Residing in an institution in the County does not fulfill the residency requirement.

  (c)    A recipient of housing assistance under this Article is not eligible for assistance under Article I.

**Sec. 41A-12. Application for handicapped rental assistance.**

  (a)   An application must be filed with the Department of Health and Human Services on the application form that the Department prescribes.

  (b)   The County may contract with a licensee or organization to make monthly rental assistance payments on behalf of tenants with disabilities.

  (c)   The Department of Health and Human Services must certify approval of the contract to the Director of Finance, who must then make the payments.

  (d)   An applicant whose application is not approved may appeal to the Chief Administrative Officer.

  (e)   An appeal under this Section must:

    (1)   Be in writing;

    (2)   State the reasons for the appeal; and

    (3)   Be filed with the Chief Administrative Officer within 30 days after the date the notice of the Department's decision was sent.

  (f)   The Chief Administrative Officer or a designee must conduct an informal hearing of each appeal. Any interested party may submit oral or written testimony or evidence without regard to technical rules of evidence.

**Sec. 41A-13. Amount of handicapped rental assistance.**

  The County Executive annually must determine the amount of rental assistance payment under this Article by regulations adopted under method (1).

### Article III. General Provisions.

**Sec. 41A-14. Regulations.**

  The County Executive must adopt regulations under method (2) to implement this Chapter.

**Sec. 41A-15. Report; annual review of benefit levels.**

  The County Executive during the budget process must report to the County Council on the Rental Assistance Program and the Handicapped Rental Assistance Program. In the operating budget submitted annually to the Council, the Executive must review Rental Assistance Program and Handicapped Rental Assistance Program benefit levels and must propose any adjustment necessary to achieve the goals of each program.

**Sec. 41A-16. Waivers.**

  After finding financial or other hardship, the Director may waive any eligibility requirement under this Chapter.

**Sec. 41A-17.  Appeals.**

  (a)   The Executive must establish by regulation a case review and appeal procedure that:

    (1)   provides each applicant who has been denied new rental assistance benefits an opportunity for an informal case review and, if the case review upholds the denial of benefits, an administrative hearing; and

    (2)   prohibits involuntary termination of rental assistance benefits to a recipient until the recipient has received:

      (A)   an opportunity for an informal, in-person case review; and

      (B)   if the case review upholds the termination of benefits, a final decision after an administrative hearing.

  (b)   The prohibition in subsection (a)(2) on pre-hearing termination of benefits to a recipient does not apply to:

    (1)   a voluntary termination requested by a recipient; or

    (2)   an involuntary termination under special circumstances described in the regulation, such as fraud.

  (c)   An applicant or recipient aggrieved by a final decision of the Department after an administrative review hearing may seek judicial review by filing an original complaint in the Circuit Court.  Any party to the proceeding in the Circuit Court may appeal the decision of the Circuit Court to the appellant courts of Maryland pursuant to applicable provisions of the Maryland Rules of Procedure.

**Secs. 41A-18—41A-19. Reserved.**

**Sec. 41A-20. Penalties.**

  (a)    Any person who knowingly makes, or helps another person make, a false or misleading statement to obtain assistance under this Chapter:

    (1)   has committed a class A violation;

    (2)   may be required to repay the County any Rental Assistance Program or Handicapped Rental Assistance Program benefit improperly paid in reliance on the false or misleading statement; and

    (3)   may be required to pay the County interest on the total amount improperly paid at the rate of one percent per month on the outstanding balance owed until the total benefit improperly paid is repaid.

  (b)    The County may enforce this Section by appropriate legal action. Any person liable under subsection (a) is also liable for all costs of any enforcement proceeding.

  (c)    If the Director finds, after giving the affected household reasonable written notice and an opportunity for an impartial hearing, that any household has improperly obtained Rental Assistance Program or Handicapped Rental Assistance Program benefits or otherwise materially violated this Chapter, the Director may discontinue benefits to that household and exclude that household from receiving future Rental Assistance Program or Handicapped Rental Assistance Program benefits.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 42. Revenue Authority.

**Sec. 42-1. Title.**

  This Chapter is known and may be cited as the "Montgomery County Revenue Authority Law."

**Sec. 42-2. Definitions.**

  (a)   Authority means the Montgomery County Revenue Authority.

  (b)   Bonds or revenue bonds mean revenue bonds, notes, certificates, or other evidence of indebtedness or obligation which the Authority is authorized to issue under this Chapter or under Chapter 446 of the 1957 Laws of Maryland, as amended.

  (c)   Construction includes acquisition.

  (d)   "Cost of the project" or "cost of the facility" includes the cost of:

    (1)   all land, property, rights, easements and franchises necessary to construct and place any project or facility in operation;

    (2)   all labor, materials, machinery and equipment, financing charges, interest before and during construction and for one year after completion of construction;

    (3)   engineering, architectural and legal services, plans, specifications, surveys, estimates of cost and revenues, other expenses of determining the feasibility or practicability of construction; and

    (4)   administrative expenses and other expenses of the financing authorized under this Chapter.

  (e)   Council means the County Council of Montgomery County, Maryland.

  (f)   County means Montgomery County, Maryland.

  (g)   Equipment or furnishings includes any equipment and furnishings, and their installation, as required by the lessee for use of a project.

  (h)   Executive means the County Executive of Montgomery County, Maryland.

  (i)   Federal agency means the United States of America, the President of the United States of America, and any department of or corporation, agency, or instrumentality created, designated, or established by the United States of America.

  (j)   Improvement includes extension or enlargement of a facility or project.

  (k)   Parking facility means any area, lot, structure, building, garage, or vehicle which may be established, constructed, acquired, owned, leased, maintained, or operated by the Authority.  Parking facility also means parking meters which may be acquired, owned or leased by the Authority.  Parking facilities may include space for general rental purposes as the Authority considers necessary or appropriate.

  (l)   Person means any individual, corporation, partnership, association, joint venture, trust, public body, or organization of any kind, and any trustee, successor, assignee, transferee, or personal representative.

  (m)   Project means any structure, facility, or undertaking or any combination of them of a similar class or character which the Authority is authorized to construct, improve, equip, furnish, maintain, acquire, or operate under this Chapter.

  (n)   State means the State of Maryland.

**Sec. 42-3. Creation; Composition; Appointment; Terms and Qualifications; Chair.**

  (a)   The Montgomery County Revenue Authority is established as a body corporate and politic, and is an instrumentality of the County and a public corporation.  The Authority is a continuous body with the Montgomery County Revenue Authority established under Chapter 446 of the 1957 Laws of Maryland, as amended.

  (b)   The Authority has 5 voting members appointed by the Executive and confirmed by the Council. In addition, the Chief Administrative Officer, or the Chief Administrative Officer’s designee, serves as an ex-officio, non-voting member.  Each voting member must reside in Montgomery County.

  (c)   Each member of the Authority must be a person of ability, experience, and integrity, and must not be selected based on a special interest.

  (d)   The term of a voting member is 5 years, and the term of one member expires each year.  Each member is eligible for reappointment.

  (e)   The Executive must designate the chair of the Authority.

**Sec. 42-4. Purpose.**

  The Authority is created to construct, improve, equip, furnish, maintain, acquire, operate, and finance projects to be devoted wholly or partially for public uses, good or general welfare. These projects include:

  (a)   projects to stimulate employment or economic growth in the County;

  (b)   airports and landing fields;

  (c)   public housing projects;

  (d)   housing for special age groups;

  (e)   health and welfare facilities, including hospitals and sanatoria;

  (f)   bridges, toll bridges, and tunnels;

  (g)   parks, swimming pools, golf courses, tennis courts, arenas, stadiums, and recreational facilities;

  (h)   dams, impounding basins, and flood control, water supply, and sewerage disposal projects;

  (i)   parking facilities;

  (j)   highways, parkways, traffic distribution centers, and related facilities;

  (k)   public transportation facilities and systems;

  (l)   other land and buildings to be occupied by governmental or educational agencies; and

  (m)   other projects authorized under the capital improvements program or by resolution adopted by the Council and approved by the Executive.

**Sec. 42-5. Secretary-treasurer.**

  (a)   The members of the Authority must elect a secretary-treasurer who may or may not be a member of the Authority.

  (b)   Before the Authority issues any revenue bonds under this Chapter, the secretary-

treasurer of the Authority must execute a surety bond in an amount set by the Authority, with the consent of the Executive or designee.  The surety bond must be conditioned

upon the faithful performance of the duties of the office of secretary-treasurer by the secretary-treasurer.  This surety bond must be issued by a surety company authorized to transact business in the State as surety and must be approved by the County Attorney. The surety bond should be filed with the Director of Finance.  The Authority must pay the bond premium.

**Sec. 42-6. Compensation of members.**

  The members of the Authority serve without compensation. They may be reimbursed for actual expenses incurred in performing their duties.  Any reimbursement must be paid from funds received by the Authority under this Chapter.

**Sec. 42-7. Oath of members.**

  Each member of the Authority must take a constitutional oath of office before the Clerk of the Circuit Court for Montgomery County or other person authorized by law to administer oaths.  The record of the oath must be filed with the Clerk of the Circuit Court.

**Sec. 42-8. Removal of members.**

  A voting member of the Authority may be removed by the Executive with the approval of the Council for misfeasance, malfeasance or willful neglect of duty, after reasonable notice and a public hearing unless either notice or a hearing are expressly waived in writing by the member.  Any voting member of the Authority who is absent from 25 percent or more of the scheduled meetings or hearings during any one-year period has resigned by operation of law.  A scheduled meeting or hearing for this purpose means a meeting or hearing for which at least 7 days advance notice was given.  This resignation becomes effective 30 days after notice is forwarded to the Executive.  The Chair of the Authority must notify the Executive of any member who has so resigned within 30 days after the resignation and must include in the notification any known extenuating circumstances.  The Chair must also send notice to all members of the Authority.  The Executive may waive the resignation for good cause such as illness, emergency situations or other extenuating circumstances.  The affected member must be notified in writing by the Authority whether a waiver is granted.  If a waiver is not granted, a successor must be appointed to complete the unexpired term in the manner prescribed by law.  Votes or other actions by the Authority are not affected by the removal or resignation of a member under this Section.

**Sec. 42-9. Quorum; Meetings.**

  Three voting members of the Authority are a quorum.  A vacancy in the Authority does not impair the right of a quorum to exercise all of the rights or perform all of the duties of the Authority.

  The Authority must hold its meetings in a room that will hold a reasonable number of members of the public, and must (except in an emergency) give at least 3 days' advance written notice of each meeting to those members of the public who have asked in writing to receive notice.

**Sec. 42-9A. Annual report; publication of budget.**

  (a)   The Authority must publish and make available to the public each year an annual report that summarizes its activities during the preceding fiscal year and its future plans in a non-technical, readable format.

  (b)   The Authority must publish and make available to the public each year, not later than May 1, its proposed annual operating budget for the next fiscal year.

**Sec. 42-10. Powers.**

  The Authority may exercise all powers necessary or convenient for carrying out its purposes.

  These powers include:

  (a)   perpetual existence as a corporation;

  (b)   rights to sue and be sued, to implead and be impleaded, to complain and defend in all courts;

  (c)   power to adopt, use, and alter at will a corporate seal;

  (d)   power to acquire, purchase, hold, and use any property, real, personal, or mixed, tangible or intangible, or any interest necessary or desirable for carrying out the purposes of the Authority;

  (e)   power to lease as lessee any property, real, personal or mixed, or any interest in property, for a term not exceeding 99 years at a nominal or other rent;

  (f)   power to lease as lessor to any person, any project at any time constructed by the Authority, whether wholly or partially completed, and any property, real, personal or mixed, tangible or intangible, or any interest in property, at any time acquired by the Authority, whether wholly or partially completed;

  (g)   power to sell or otherwise transfer to the County any project at any time constructed by the Authority, and any property, real, personal or mixed, tangible or intangible, or any interest in property, at any time acquired by the Authority;

  (h)   power to acquire by purchase, lease or otherwise hold and to construct, improve, equip, furnish, maintain, repair and operate projects;

  (i)   power to appoint officers, attorneys, accountants, agents, and employees; to prescribe their duties and to fix their compensation; and to provide a merit system for its employees;

  (j)   power to appoint an executive officer;

  (k)   power to make bylaws for the management and regulation of its affairs;

  (l)   power to fix, charge, and collect tolls, rates, rents, and other charges for the use of the facilities of, or for the services rendered by, the Authority or its projects, at reasonable rates, to be determined by the Authority to:

    (1)   pay the expenses of the Authority;

    (2)   construct, improve, repair, equip, furnish, maintain, and operate its facilities and projects;

    (3)   pay the principal and interest on its bonds and obligations; and

    (4)   fulfill the terms of any agreements with the purchasers or holders of its bonds or obligations;

  (m)   power to borrow money and issue negotiable revenue bonds, on a taxable or tax exempt basis, and to secure the payment of such bonds, or any part thereof, by pledge or indenture of trust of all or any part of its revenues, rents and receipts.  The Authority may issue bonds on behalf of the County for the public purposes of the County;

  (n)   power to make contracts of every kind and to execute all instruments necessary or convenient to carry on its business;

  (o)   power to borrow money and accept grants from, and to enter into contracts, leases, or other transactions with, any federal or state agency;

  (p)   power to acquire in its own name, by condemnation under the State condemnation law, real property, rights, or easements, franchises, and licenses convenient for its corporate purposes. However, the Authority is under no obligation to accept and pay for any property condemned under this Chapter except from the funds provided to the Authority under this Chapter.  In any proceeding to condemn property, the Court may enter such orders as may be just to the Authority and to the owner of the property to be condemned.  Property owned by the County, or by any County agency, or property of the State, may not be acquired by the Authority by purchase or condemnation without the prior consent of the Executive or the Board of Public Works of the State, as applicable;

  (q)   power to pledge, hypothecate or otherwise encumber revenues or receipts of the Authority as security for obligations of the Authority;

  (r)   power to do all acts and things necessary or convenient to carry out the powers granted to it under this Chapter or any other law, resolution, or regulation;

  (s)   power to enter into agreements with the State Highway Administration or any other public body providing for the construction or reconstruction of highways and bridges by the Authority, if necessary for the acquisition or construction of toll bridges or roads by the Authority;

  (t)   power to acquire, by assignment from the State or the County, contracts which are not completed and which involve constructing, improving, equipping, furnishing, maintaining, and operating structures, facilities, or undertakings similar to those designated as projects; and

  (u)   power to convey to the County all of its right, title and interest in any project if the revenue bonds or revenue refunding bonds issued under this Chapter to provide the funds for the cost of a project or to secure funding for other projects has been paid and retired.

**Sec. 42-11. Delegation of powers and duties.**

  The Authority may delegate to one or more of its members, or to its officers, agents, and employees, any of the Authority's powers and duties.

**Sec. 42-12. General regulations relative to members and employees.**

  (a)   Merit system. The Authority may establish a merit system for its employees.  Upon establishment of a merit system by the Authority, the employment and tenure of all full-time employees of the Authority, except the executive officer, must be subject to the system.

  (b)   State retirement system. All employees of the Authority, including the executive officer, may join the State of Maryland employees retirement system in a like manner as provided for the employees of the County.

  (c)   Charter requirements. Members and employees of the Authority are subject to Sections 405, 406, 407, 408, 409, and 410 of the County Charter.

  (d)   Ethics. Members and employees of the Authority are subject to Chapter 19A.

  (e)   Executive Officer. The Executive Officer serves at the pleasure of the Authority, is responsible to it and receives the salary fixed by the Authority.  The executive officer is the chief administrative officer of the Authority.  The Authority may delegate to the Executive Officer any of its administrative powers and authorizations.  The executive officer must be of good character, integrity and business experience and, during the time of employment, must have no financial interest in any facilities or projects with respect to which the Authority has jurisdiction or any power to act.

**Sec. 42-13. Six-year programs; project approval.**

  (a)   Six-year programs.

    (1)   Before October 1 each odd-numbered calendar year, the Authority must prepare and submit a six-year capital improvements program to the Executive. The capital improvements program must include:

      (A)   a statement of the objectives of the capital program and relationship of the program to the County's adopted long range development plans;

      (B)   recommended capital projects and a construction schedule; and

      (C)   an estimate of cost and a statement of all funding sources.

    (2)   The capital improvements program must include all capital projects and programs of the Authority, including substantial improvements and extensions of projects previously authorized.  Except as otherwise authorized under this Chapter, an improvement or extension of any existing project must not be undertaken unless approved in the capital improvements program.

    (3)   The Executive must include the Authority's six-year program, with any recommended revisions and modifications, in the comprehensive six-year program submitted to the Council under Section 302 of the County Charter.

    (4)   The Council must adopt a six-year capital improvements program for the Authority as a part of the County's comprehensive six-year program.  The Council may amend the program. Any amendment must not become final until it is submitted to the Authority for written comment on at least 30 days notice.

    (5)   The capital budget of the Authority for the succeeding fiscal year includes projects in the first year of the six-year capital program.  A capital project must not be undertaken unless it is approved in the capital program or otherwise authorized under this Chapter.

  (b)   Notice of proposed project; rejection by Executive.

    (1)   Before a project starts, the Authority must advise the Executive in writing of its intention to begin the project, outlining the nature and the estimated cost of the project.

    (2)   The Executive must notify the Authority of any rejection of the project, including reasons for the rejection.  The Executive's notice of rejection must be in writing and delivered to the Authority within 60 days after the Executive receives notice of the project from the Authority.

    (3)   If the Executive rejects the project, the Authority must not proceed with construction or operation of the project, nor issue any bonds for the project.

    (4)   If the Executive approves the project, or does not reject the project within 60 days after the Authority's notice, the Authority may proceed with construction or operation of the project.

  (c)   Threshold. Notwithstanding other requirements of this Section, the Authority may make an improvement to an existing project without inclusion in the six-year capital improvements program or approval of the Executive if the cost of the improvement does not exceed $50,000.

**Sec. 42-14. Executive's approval of plans for proposed project.**

  Unless otherwise provided by law, plans and specifications for Authority projects for use by the County must be approved by the Executive or designee before the Authority may proceed with any procurement for construction or operation of the project.

**Sec. 42-15. Conveyances, assignments and advances to Authority.**

  (a)   The Executive may:

    (1)   convey to the Authority title to any lands, streets, alleys, buildings, facilities, or other public places, on payment to the County of the reasonable value of the properties as determined by the Authority and the Executive, with the approval of the Council.  Payment may be in cash or in bonds of the Authority at par value; and

    (2)   assign to the Authority any rates, rents, fees, or charges owed to the County to provide additional security for any revenue bonds or for other purposes the Authority and the County may agree.

  (b)   In addition to advances authorized by Section 42-19, the Council may advance County general funds to the Authority for expenses for investigations, engineering and architectural studies, opinions, and compensation of employees and counsel which may be incurred before the sale of its revenue bonds.  These advances must be repaid out of the first proceeds of the sale of revenue bonds by the Authority after the advance.

**Sec. 42-16. Revenue bonds and other evidence of indebtedness.**

  (a)   The Authority may provide by resolution for the issuance of negotiable revenue bonds to pay all or part of the cost or purchase price of one or more projects.  The resolution authorizing the issuance of revenue bonds, or the trust indenture, must state the estimated cost or purchase price of the project or projects involved.  The revenue bonds must be issued in amounts stated in the resolution.

  (b)   The principal and interest of revenue bonds must be paid solely from the funds and revenues received by the Authority.  No tax, excise or special assessment, except as authorized by this Chapter, may be levied to pay such principal and interest.

  (c)   The revenue bonds of each issue must be dated, must bear interest at a rate not exceeding the maximum legal rate per annum permitted by law, payable semi-annually, and must mature at such time or times, not exceeding 50 years from their date or dates, as determined by the Authority.  The bonds of each issue may be made redeemable before maturity at the option of the Authority at such price or prices and under terms and conditions as may be fixed by the Authority before the issuance of the bonds.  The Authority must determine the form of the bonds, including any interest coupons to be attached, and must fix the denomination or denominations of the bonds and the place or places of payment of principal and interest which may be at any bank or trust company within or outside the State.  The payment of principal and interest of the bonds may be made in any lawful medium.  The Authority must determine the manner of executing the bonds and the manner of executing any interest coupons attached.  Execution of these instruments may be by facsimile signature of the chairperson or an authorized member of the Authority.  The official seal of the Authority must be affixed to the bonds and they must be attested by the secretary of the Authority.  If any officer whose signature appears on any bonds or coupons ceases to be an officer before the delivery of the bonds, the signature of that officer remains valid and sufficient for all purposes, as if that officer had remained in office until delivery.

  (d)   All revenue bonds issued under this Chapter are negotiable instruments under the negotiable instruments law of this State.

  (e)   The revenue bonds may be issued in coupon or in registered form, or both, as the Authority may determine.  The Authority may provide for the:

    (1)   registration of any coupon revenue bonds for principal alone, or both principal and interest; and

    (2)   reconversion into coupon revenue bonds of any revenue bonds registered for both principal and interest.

  (f)   The Authority may sell revenue bonds in such manner, either at public or private sale, and for such price, as it determines in the best interests of the Authority.  However, the sale must not be made at a price so low that requires the payment of interest on the money received at more than the maximum legal rate per annum permitted by law, computed with relation to the absolute maturity of the bonds under standard tables of bond values, excluding, however, from such computation, the amount of any premium to be paid on redemption of any revenue bonds before maturity.

  (g)   The provisions of Sections 9 to 11, inclusive, of Article 31 of the Annotated Code of Maryland, 1957, as amended, do not apply to the revenue bonds issued by the Authority.

  (h)   The proceeds of the revenue bonds of each issue must be used solely for the payment of the cost of the project or projects for which the bonds have been issued.  The proceeds must be distributed in the same manner and under the restrictions, if any, stated in the resolution of the Authority authorizing the issuance of the bonds, or in any trust agreement securing the bonds.  If the proceeds of the bonds of any issue are less than the cost of a project or projects, additional bonds may be issued in the same manner to fund the amount of the deficit.  Unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust agreement securing the bonds, these additional bonds are considered to be of the same issue and are entitled to payment from the same funds, without preference or priority of the bonds first issued.  If the proceeds of the bond of any issue exceed the cost of the project or projects for which the bond is issued, the surplus must be deposited into the sinking fund provided under this Chapter for the payment of principal of and interest on the revenue bonds.

  (i)   Before definitive revenue bonds are prepared, the Authority may, under similar restrictions, issue interim receipts or temporary bonds, with or without coupons, to be exchanged for definitive bonds when the bonds are executed and are available for delivery.  The Authority may also provide, by resolution, for the replacement of any bonds which are mutilated, destroyed, or lost.

  (j)   The revenue bonds of the Authority may be issued without an election referendum or any other proceedings or the occurrence of any other conditions or events; only those proceedings, conditions or events which are specified and required by this Chapter apply to these bonds, and they are in all respects exempt from other provisions of the County Charter or County laws.

  (k)   The Authority may provide by resolution for the issuance of revenue refunding bonds to refund any revenue bonds then outstanding and issued under this Chapter. The issuance of revenue refunding bonds, including the maturities and other details, the rights of the holders, and the duties of the Authority, are controlled by this Chapter to the extent applicable.

  (l)   The Authority may provide by resolution for a single issue of its revenue bonds for the combined purposes of:

    (1)   paying the cost of any improvement, extension, enlargement, or reconstruction of any of its existing projects; and

    (2)   refunding its outstanding revenue bonds which may have been issued for the project if the bonds have matured, are subject to redemption, or can otherwise be acquired for retirement.

  (m)   Only fees, rents, tolls, charges, and revenues received from the use of the project or projects constructed from the proceeds of the bonds may be used or appropriated for the payment of interest or principal of such bonds; except that before and during construction and for one year after the completion of the construction of any project for which revenue bonds have been issued, the interest on the bonds may be paid out of the proceeds from the sale of the bonds.

**Sec. 42-17. Resolution authorizing issuance of bonds.**

  A resolution authorizing the issuance of any revenue bonds may contain provisions which are part of the contract with the holders of the bonds, and may include:

  (a)   a statement that the revenues received or to be received from the project or projects financed from the proceeds of any issue of revenue bonds can not be used to service any other revenue bonds issued to finance the cost of any other project;

  (b)   subject to the provisions of subsection (a), a pledge of the full faith and credit of the Authority (but not of the County or the State or any political subdivision) for such obligations;

  (c)   a statement describing the construction, improvement, operation, extension, enlargement, equipping, furnishing, maintenance, and repair of any project, and the duties of the Authority with respect to the project;

  (d)   the terms and provisions of the bonds;

  (e)   any limitations on the purposes to which the proceeds of the bonds then or thereafter to be issued, or of any loan or grant by the United States or the State, may be applied;

  (f)   a description of rate of tolls, rents and other charges for the use of the project or the facility of the Authority, or for the services rendered by the Authority, including limitations on the power of the Authority to modify any lease or other agreement under which any tolls, rents, or other charges are payable;

  (g)   the establishment of reserves or sinking funds, including the regulation and disposition of the funds;

  (h)   a description of any limitations on the issuance of additional bonds;

  (i)   the terms of any deed of trust or indenture securing the bonds or otherwise relating to the bonds; and

  (j)   a description of any other agreement with holders of the bonds.

**Sec. 42-18. Application of bond proceeds; lien of bondholders.**

  (a)   All moneys received from any revenue bonds issued and sold must be applied solely for the purpose for which the bonds are authorized, or to the sinking fund established for the payment of the bonds.  These moneys are trust funds for those purposes.

  (b)   There is a lien on such moneys in favor of the holders of any bonds or any trustee appointed with respect to the bonds, until the moneys are applied to the purposes for which the bonds are authorized or to the sinking fund for repayment of the bonds.

**Sec. 42-19. Credit of State and County not pledged by bonds; advances by County for deficiency in debt service requirements.**

  (a)   The revenue bonds issued by the Authority do not constitute a debt of the County or a pledge of the full faith and credit of the County or of the State or any political subdivision thereof, but such revenue bonds are payable from the funds of the Authority provided from revenues of the project or projects of the Authority.  All such revenue bonds must contain a statement on their face to the effect that the full faith and credit of the County, State, or any political subdivision is not pledged to pay the bonds or the interest.

  (b)   The issuance of the revenue bonds must not directly, indirectly, or contingently obligate the County to levy or pledge any form of taxation, or to any appropriation for their payment.

  (c)   The Executive may, with the approval of the Council, collaterally agree to provide sufficient moneys from the general funds of the County to pay any deficiency in the debt service requirements of the bonds for any year in which there is a deficit.  However, any advance must be repaid from the receipts, rents, or revenues of the Authority in the next succeeding year in which the receipts, rents, or revenues exceed debt service requirements and operating expenses.  In addition, any advance under any agreement or agreements must not exceed a maximum payment by the County of $50,000 for any one year.

**Sec. 42-20. Trust indentures.**

  (a)   The Authority may secure any revenue bond issued to provide funds for the purchase, acquisition, construction or improvement of any project by a trust indenture between the Authority and a corporate trustee.  The trustee may be any trust company or bank having the powers of a trust company in or outside the State.

  (b)   The Authority may be a party to one or more trust indentures, if revenue bonds have been issued to finance more than a single project.  A trust indenture may pledge or assign all revenues from any project or projects, but must not convey or mortgage the project or any part of it, unless authorized by the Council.

  (c)   The resolution authorizing the issuance of revenue bonds or trust indentures may contain provisions for the protection and enforcement of the rights and remedies of the bondholders, including:

    (1)   covenants setting forth the duties of the Authority in relation to the construction, acquisition, improvement, installation, maintenance, operation, repair, and insurance of any project, and the custody, safeguarding, and application of all moneys;

    (2)   requirements that any project be constructed and paid for under the supervision and approval of consulting engineers employed or designated by the Authority, and satisfactory to any trustee appointed or, if none, the original purchasers of the bonds;

    (3)   requirements that security given by contractors, and by any depository of the proceeds of the bonds or revenues of any project or other moneys relating to the bonds, be subject to approval by the trustee appointed or, if none, the original purchaser of the bonds; and

    (4)   statements of the rights and remedies of the bondholders and of the trustee which may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations.

  (d)   Any bank or trust company incorporated under the laws of this State may act as depository of the proceeds of the bonds or revenues.

  (e)   All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of any project or projects.

**Sec. 42-21. Rates, tolls, rents, and charges for use of projects; sinking fund.**

  (a)   The Authority may fix and revise rates, tolls, rents, and charges for the use of any of its projects, and may charge and collect them.

  (b)   The Authority may contract with any person who wants to use a project, either in whole or in part, and may fix the terms, conditions, and charges for the use.

  (c)   Rates, tolls, rents, or charges should be fixed and adjusted to provide a fund sufficient to pay:

    (1)   the cost of maintaining, preparing, and operating the project from which the rates, tolls, rents, and charges are received, including reserves for replacement, depreciation, and any extension of the project; and

    (2)   the principal and interest of the bonds issued to provide the funds for the acquisition, construction, improvement, equipping, maintaining, operating, or furnishing the project, and any applicable reserves.

  (d)   The rates, tolls, rents, and charges of the Authority are not subject to supervision or regulation by any State, County, or municipal entity.

  (e)   Except for revenues required to pay the cost of maintaining, repairing and operating any project, or to provide reserves, or permitted in the resolution authorizing the issuance of the revenue bonds or the trust indenture, the rates, tolls, rents, or charges, and all other revenues received by the Authority from any project must be placed in a sinking fund at such intervals as may be provided in the resolution or trust indenture.  The sinking fund is pledged to and charged with the payment of:

    (1)   interest due on the bonds issued to provide funds for the project;

    (2)   principal due on the bonds;

    (3)   administrative charges by the depository of the fund for paying such principal and interest; and

    (4)   any premium on the bonds retired by call or purchase.

  (f)

    (1)   Subject to the resolution authorizing the issuance of the bonds or of the trust indenture, the sinking fund is for the benefit of all bonds without distinction or priority of one over another.

    (2)   Subject to the resolution authorizing the issuance of bonds or of the trust indenture, any moneys in the sinking fund in excess of an amount equal to 2 years interest on all such bonds then outstanding may be applied to the purchase or redemption of the bonds.  All bonds so purchased or redeemed must be canceled.

**Sec. 42-22. Remedies of bondholders.**

  (a)   The rights and remedies granted to the bondholders under this Chapter are in addition to, and not in limitation of, any rights and remedies granted to bondholders by a resolution authorizing the issuance of bonds, or by any deed of trust, indenture or other agreement under which a bond is issued.

  (b)   The holders of 25% of the aggregate principal amount of the bonds then outstanding, by instrument filed in the Office of the Clerk of the Circuit Court for Montgomery County, and acknowledged in the same manner as a deed to be recorded, may (except as limited under the provisions of any deed of trust, indenture, or other agreements) appoint a trustee to represent the bondholders under this Chapter if the Authority:

    (1)   defaults in the payment of principal or interest due on bonds whether at maturity or upon call for redemption, and the default continues for a period of 30 days; or

    (2)   fails to comply with this Chapter; or

    (3)   defaults in any agreement made with the holders of the bonds.

  (c)   The trustee, and any trustee under any deed of trust, indenture or other agreement may, and on written request of the holders of 25% (or other percentage specified in any deed of trust, indenture, or other agreement) of the aggregate principal amount of the bonds then outstanding, must, in the name of the trustee:

    (1)   by mandamus or other legal action, enforce all rights of the bondholders, including the right to require the Authority to:

      (A)   collect tolls, rates, rents, and other charges adequate to carry out any agreements or pledges of the revenues or receipts of the Authority;

      (B)   perform any other agreements with or for the benefit of the bondholders; and

      (C)   perform the Authority's duties under this Chapter;

    (2)   bring suit on the bonds;

    (3)   by legal action, require the Authority to account as if it were the trustee of an express trust for the bondholders;

    (4)   by legal action, enjoin any acts which may be unlawful or in violation of the rights of the bondholders;

    (5)   by notice in writing to the Authority, declare all bonds due and payable and, if all defaults are made good, then with the consent of the holders of 25% (or such other percentage as specified in any deed of trust, indenture, or other agreement) of the aggregate principal amount of the bonds then outstanding, cancel the declaration of default and its consequences.

  (d)   Any trustee, whether appointed under this Section or acting under a deed of trust, indenture or other agreement, and whether or not all bonds have been declared due and payable, is entitled as of right to the appointment of a receiver. The receiver may, to the same extent that the Authority could:

    (1)   enter and take possession of a facility of the Authority, or any part of a facility and any tolls, revenues, rents, or receipts from the facility which are or may be applied to the payment of the bonds in default;

    (2)   operate and maintain the facilities;

    (3)   collect and receive all rents and other revenues from the facilities in the same manner as the Authority; and

    (4)   deposit all such money received in a separate account to be applied as the Court directs.

  (e)   In any legal action by the trustees, the fees, counsel fees, and expenses of the trustee and of the receiver, if any, and all costs and disbursements allowed by the court, are first charges on any revenues and receipts derived from the facilities of the Authority which are or may be applied to the payment of the bonds in default.

  (f)   A trustee under this Section has all of the powers necessary or appropriate for the exercise of any functions specifically described in this Chapter, or incident to the general representation of the bondholders in the enforcement and protection of their rights.

  (g)   In addition to all other rights and remedies, any holder of bonds has the right by mandamus or other legal action to enforce that holder's rights against the Authority, including the right to require the Authority to:

    (1)   collect tolls, fees, rents, and other charges adequate to carry out any agreement or pledge of the tolls, fees, rents, or other charges, or income, revenues, and receipts; and

    (2)   perform any covenant or agreement with the bondholders, and the Authority's duties under this Chapter.

  (h)   Nothing in this Chapter authorizes a receiver appointed under this Chapter to operate and maintain any Authority project to sell, assign, mortgage or otherwise dispose of, any of the Authority's assets, except where such sale, assignment, or mortgage is expressly permitted by the revenue bonds of that particular project.  The powers of the receiver are expressly limited to the operation and maintenance of the Authority's facilities as the court directs, and no holder of the Authority's bonds, nor any trustee, may in any legal action compel a receiver, nor is any receiver authorized, or any Court empowered to direct the receiver, to sell, assign, mortgage, or otherwise dispose of the Authority's assets, unless the bonds expressly authorize the sale, assignment, or mortgage of the assets of a specific project.

**Sec. 42-23. Contracts for construction.**

  (a)   If any project or part of a project is constructed, improved, equipped, or furnished under a contract and the estimated cost exceeds $10,000, the contract must be awarded to the lowest responsible and responsive bidder on a competitive basis.  The Authority may adopt regulations for the submission of bids in these circumstances.  Contracts for constructing, equipping, furnishing, or improving a project should require that a contractor give sufficient surety, approved by the Authority and in an amount fixed by the Authority, for the faithful performance of the contract. The contract must be accompanied by an additional bond for the protection of labor and material subcontractors. Each construction contract must require the contractor to pay for all materials furnished and services rendered to perform the contract.  The contract must also provide that any person who furnishes materials or services may maintain an action to recover the fair value of them against the obligor under the bond as though such person were named, if the action is brought within one year after the cause of action occurred.  This Section does not limit the power of the Authority to construct any project or part of a project, or any improvement to a project, directly by the officers, agents, and employees of the Authority, or by agreement with the federal or State government.  The Authority may enter into and perform such contracts, or establish or comply with any rules and regulations concerning labor, materials, and other related matters in connection with any project as the Authority finds desirable, or as may be requested by any federal or State agency as part of the financing of the project.

  (b)

    (1)   The Authority must structure its procurement procedures to comply with the minority business goals of the County Code. The substantive procedures should be consistent with the minority business procurement provisions of the County Code applicable to County government and related executive regulations.  The Authority is subject to the certification and decertification procedures used by the County.

    (2)   This subsection does not prohibit the Authority from using federal minority business requirements, if applicable.

    (3)   Any failure to comply with this subsection does not affect the validity of any bonds of the Authority.

    (4)   By September 1 of each year, the Authority must submit a report to the Council and the Executive that contains the information required in Section 11B-23D(a) as it would apply to the Authority.

    (5)   This subsection does not give any person or business any right or status, including standing, to challenge the award of a contract or subcontract made by the Authority.  The provisions of this subsection are enforceable only through the oversight function of the Executive and the Council.

  (c)   The Authority is subject to the recycled materials procurement provisions of Sections 11B-44 (a), (b), and (c), as they apply to the Authority.

**Sec. 42-24. Deposit and audit of funds; publication of financial statement; inspection of records.**

  (a)   Unless otherwise provided in the resolution authorizing any issue of bonds, or unless otherwise provided by the trust indenture that secures the bonds, all moneys received by the Authority must be paid to the treasurer of the Authority.  These moneys must be deposited by the treasurer in one or more banks or trust companies in one or more special accounts.  Each special account, to the extent not insured, must be continuously secured by a pledge of the direct obligations of the United States of America, of the State or of the County, having an aggregate market value at all times, exclusive of accrued interest, of at least the balance of deposits in the account.  The securities must either be deposited with the treasurer, or be held by a trustee or agent approved by the Authority.  All banks and trust companies are authorized to give such security for such deposits.  The moneys in the accounts must be paid on the warrant or other order of the chairperson of the Authority, or any other person that the Authority authorizes to execute the warrants or orders.

  (b)   The Authority must have an annual examination of its books, accounts, and records by a certified public accountant.  A copy of the audit must be delivered to the Executive and to any other person named to receive the audit in the resolution authorizing the issuance of the bonds or in the trust indenture that secures them. If the Authority fails to make the audit, then the Executive or designee may examine, at the expense of the Authority, the accounts and books of the Authority, including its receipts, disbursements, contracts, leases, sinking funds, investments, and any other matters relating to its finances, operations, and affairs.

  (c)   The County Attorney has the right to examine the books, accounts, and records of the Authority.

  (d)   A financial statement of the Authority must be published annually in a newspaper of general circulation in the County.  If the publication is not made by the Authority, the Executive or designee must publish the statement at the Authority's expense.

**Sec. 42-25. Limitation or alteration of Authority's rights.**

  Under Chapter 601 of the 1992 Laws of Maryland, the County may not limit any powers, authority, rights, or obligations of the Authority if the limitation would violate the pledge of the State under Section 42-25 of Article 16 of the Code of Public Local Laws of Maryland, as that Section existed on May 26, 1992.

**Sec. 42-26. Tax exemption; assessments.**

  (a)   Under Chapter 601 of the 1992 Laws of Maryland, the establishment of a project under this Chapter is in all respects for the benefit of the inhabitants of Montgomery County and is a public purpose.  The County, the State and the Authority are performing an essential governmental function in exercising the powers conferred by this Chapter.  The Authority must not be required to pay any tax or assessment on:

    (1)   any facility on or any part of a facility;

    (2)   activities of the Authority in the operation and maintenance of any facility;

    (3)   any revenues from the operations or maintenance of any facility or project; or

    (4)   the bonds of the Authority or the interest on them.

  (b)

    (1)   Under Chapter 601 of the 1992 Laws of Maryland, the projects and the bonds of the Authority, the interest on the bonds, and any gain realized from the sale or exchange are exempt from all State, County, municipal and local taxation of any kind or nature, unless the bonds are expressly declared by the Authority to be taxable.

    (2)   Under Chapter 601 of the 1992 Laws of Maryland, the Authority may declare any project and the bonds issued for the project, interest on the bonds, or any gain realized from the sale or exchange of the bonds to be taxable in any respect, subject to conditions contained in the declaration by the Authority.

  (c)   The Authority and the State, County, and other incorporated cities or towns in the County may enter into an agreement, for such duration as they may determine, for the payment of a stated sum in lieu of taxes by the Authority to the State or a political subdivision.

  (d)   The Authority is subject to any applicable benefits assessment, including any road, street, sewer, and water charge that may be levied by operation of law.

**Sec. 42-27. Investment in and deposit of Authority's bonds.**

  Under Chapter 601 of the 1992 Laws of Maryland:

  (a)   Revenue bonds issued under this Chapter are securities in which all public officers and public agencies of the State and its political subdivisions, and all banks, trust companies, savings and loan associations, investment companies and others carrying on a banking business, all insurance companies, and insurance associations and others carrying on an insurance business, all administrators, executors, guardians, trustees, and other fiduciaries, and all other persons may legally and properly invest funds, including capital, in their control or belonging to them.

  (b)   Revenue bonds issued under this Chapter are securities which may properly and legally be deposited with and received by any State or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is authorized by law.

**Sec. 42-28. Projects subject to planning, subdivision, and zoning laws.**

  Construction of any project by the Authority is subject to County planning, subdivision, and zoning laws and regulations and those of any planning commission with jurisdiction over the facility or project to the same extent as those laws and regulations apply to a project owned and built by a government agency.  The Authority must refer each project that it intends to build to the County Planning Board for its review and comment, as required by Section 20-301, et. seq. of the Land Use Article of the Maryland Code, before the Authority includes the project in its capital budget under Section 42-13.

**Sec. 42-29. Authority to comply with building permit and other regulations.**

  Any facility or project constructed by the Authority must be built under the laws, rules and regulations of the County.  The Authority must obtain building and other permits, where required, and must pay applicable permit fees.

**Sec. 42-30. Relocation of public utilities necessitated by project construction.**

  (a)   If construction of a project requires the relocation of the facilities of any public utility, whether the utility is publicly, privately, or cooperatively owned, the Authority must pay the cost of removal of the facilities from the property of the Authority and the cost of relocation, including repair of the area disturbed by the removal.  The cost of relocation includes the entire amount paid by the utility attributable to the relocation, including removal, transportation of facilities and equipment, and procurement of a new site.

  (b)   The Authority is not required to pay the cost of reconstructing the facilities at a new location.

  (c)   Notwithstanding subsection (b), the Authority may contract with the utility to pay part or all of the cost of reconstructing the facilities at a new location at its discretion.

**Sec. 42-31. Acquisition of property; incumberance of property.**

  The Authority may acquire real and personal property, and interests in real and personal property, and may pledge, mortgage, encumber, sell, lease, transfer, or convey any interest in its real and personal property to the County or any person to the extent not subject to any pledge or security for outstanding indebtedness.

**Sec. 42-32. Authority earnings.**

  Earnings of the Authority may not enure to the benefit of private persons.

**Sec. 42-33. Dissolution.**

  If the Authority is dissolved, the title to all property financed by the proceeds of bonds issued by the Authority reverts to the County.

**Sec. 42-34. Constituted Authority.**

  (a)   It is the intent of the County that the Authority is a "constituted authority" within the meaning of the Internal Revenue Code of 1986, as amended, and the relevant regulations, rulings, and procedures.

  (b)   The powers of the Authority must be construed to give effect to this intent.

**Sec. 42-34A. Airpark Community Advisory Committee.**

  (a)   Committee established.  There is an Airpark Community Advisory Committee.

  (b)   Membership.

    (1)   The Committee consists of:

      (A)   8 voting members who are appointed by the County Executive and confirmed by the County Council; and

      (B)   3 non-voting, ex-officio members.

    (2)   The 8 voting members include:

      (A)   a representative of the Montgomery Village Foundation;

      (B)   3 members who reside within a 3-mile radius of the Airpark and who represent geographic diversity surrounding the Airpark;

      (C)   a representative of the Montgomery County Economic Development Corporation;

      (D)   a representative of a flight school operating at the Montgomery County Airpark; and

      (E)   2 members who:

        (i)   are pilots who use the Airpark;

        (ii)   represent owners or operators of businesses, other than flight schools, located at the Airpark; or

        (iii)   represent owners or operators of aviation-related businesses, other than flight schools, located within a 3-mile radius of the Airpark.

    (3)   The 3 ex-officio members include:

      (A)   a designee of the Revenue Authority;

      (B)   the County Executive, or the Executive’s designee; and

      (C)   a designee of the County Council.

  (c)   Terms of voting members.

    (1)   In general.  A voting member serves for a 3-year term or until a successor is appointed and confirmed.

    (2)   Term limits.  A voting member must not be appointed to serve more than 2 full consecutive terms.

    (3)   Staggering of initial terms.  Of the initial voting members:

      (A)   2 members must be appointed to 1-year terms;

      (B)   3 members must be appointed to 2-year terms; and

      (C)   3 members must be appointed to 3-year terms.

  (d)   Duties.  The Committee must:

    (1)   advise the County Executive, County Council, and Revenue Authority regarding Montgomery County Airpark operations, community concerns, safety, and community impact; and

    (2)   report annually to the County Executive, County Council, and the Revenue Authority regarding available:

      (A)   data on noise complaints;

      (B)   data on itinerate flight operations;

      (C)   data on local flight operations, including “touch-and-go” operations;

      (D)   recommendations of the Committee regarding operations, safety, community impact, and other community concerns; and

      (E)   facility improvement plans or recommended changes to the Airport Layout Plan.

  (e)   Meetings; quorum; officers; compensation.

    (1)   Meetings.

      (A)   The Committee must meet at the call of the Committee chair and at least 4 times annually.

      (B)   The Committee must invite representatives of the Federal Aviation Administration and the Maryland Aviation Administration to attend at least 1 Committee meeting annually.

    (2)   Quorum.  A majority of the voting members of the Committee constitutes a quorum for the transaction of business.

    (3)   Officers.  The Committee must elect from among its voting members a chair, vice-chair, and other officers it deems appropriate.

    (4)   Compensation.  A member must serve without compensation, but the member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (f)   Staffing.  The County Executive must designate a principal office or department identified under Section 1A-201(a)(1) to provide the staff support necessary for the Commission to perform its duties.

  (g)   This Section must not be construed to:

    (1)   impose any funding obligation on the Revenue Authority;

    (2)   prevent the Revenue Authority from meeting a state or federal grant requirement; or

    (3)   affect the authority or obligation of the Revenue Authority to comply with state and federal law.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 42A. Ridesharing.

### Article I. Ridesharing.

**Sec. 42A-1. Definitions.**

  In this chapter:

  (a)   Ridesharing:

    (1)   Means commuting in a motor vehicle as a group of two (2) or more individuals; and

    (2)   Includes carpooling, vanpooling, and transit ridership.

  (b)   Assessed real property value means the property tax assessed value of that portion of an office development designated for office use.

**Sec. 42A-2. Share-a-ride districts.**

  (a)   Establishment. Share-a-ride districts shall be established at locations within the county where large concentrations of employment provide opportunities for a large number of new ridesharing arrangements.

  (b)   Composition.

    (1)   Each district shall be an employment center that has a minimum of two million (2,000,000) gross square feet of existing office space within a one-half square mile area.

    (2)   All land in the general vicinity of the area under paragraph (1) of this subsection that is zoned or recommended in the appropriate master plan for commercial or industrial use shall be included in the district.

  (c)   Initial districts. The initial share-a-ride districts are the areas encompassed by the approved and adopted sector plans for:

    (1)   The Silver Spring Central Business District and vicinity; and

    (2)   The Bethesda Central Business District.

  (d)   Additional districts.

    (1)   The county executive may establish additional share-a-ride districts.

    (2)   Any person may petition the county executive to establish additional share-a-ride districts.

**Sec. 42A-3. Share-a-ride outreach areas.**

  (a)   Establishment. Share-a-ride outreach areas shall be established at locations other than share-a-ride districts where concentrations of employment provide opportunities for a significant number of new ridesharing arrangements.

  (b)   Composition. Each share-a-ride outreach area shall:

    (1)   Be an employment center that has a minimum of two hundred thousand (200,000) gross square feet of existing office space within a one-quarter square mile area; or

    (2)   A residential area with at least five thousand (5,000) existing dwelling units.

  (c)   Authority to establish.

    (1)   The county executive may establish share-a-ride outreach areas.

    (2)   Any person may petition the county executive to establish a share-a-ride outreach area.

**Sec. 42A-4. Share-a-ride program.**

  (a)   Establishment. The county executive shall establish a share-a-ride program.

  (b)   Purpose. The share-a-ride program is to provide personalized ridesharing services by:

    (1)   Promoting and assisting in initiation and maintenance of new ridesharing arrangements;

    (2)   Providing a continuous effort to identify potential carpoolers, vanpoolers, and transit riders;

    (3)   Providing a personalized system to match applicants into carpools and vanpools;

    (4)   Providing continuous follow-up contacts to modify unsatisfactory arrangements and rematch individuals whose circumstances and requirements have changed;

    (5)   Soliciting the cooperative support of employers and property owners in encouraging ridesharing; and

    (6)   Promoting incentives to ridesharing, such as preferential carpool spaces, subsidized vans, and discounted transit passes.

**Sec. 42A-5. Reductions in parking requirements.**

  (a)   In share-a-ride districts or share-a-ride outreach areas. Under Section 6.2.3.G.2 of Chapter 59, an office development in a share-a-ride district or share-a-ride outreach area may obtain a reduction in its minimum parking requirements if the office development participates in:

    (1)   The share-a-ride program; or

    (2)   Provides private ridesharing incentives.

  (b)   In other areas. Under Section 6.2.3.I of Chapter 59, an office development not in a share-a-ride district or a share-a-ride outreach area may obtain a reduction in its minimum parking requirements if the office development undertakes other adjustments to vehicle parking.

**Sec. 42A-6. Ridesharing account.**

  (a)   Establishment. There is a ridesharing account within the mass transit facilities fund to:

    (1)   Implement personalized ridesharing services under section 42A-4(b) of this chapter for any office or residential development making payments for share-a-ride services; and

    (2)   Monitor and enforce ridesharing incentives provided by the owner or lessee of an office development.

  (b)   Payments required; initial schedule.

    (1)   The owner of an office development shall make an annual payment into the ridesharing account of fifteen cents ($0.15) for each one hundred dollars ($100.00) of assessed real property value if the office development:

      (i)   Is in a share-a-ride district;

      (ii)   Participates in the share-a-ride program; and

      (iii)   Obtains reduced parking requirements under section 59-E-3.31(a)(1) of this Code.

    (2)   The owner of an office development shall make an annual payment into the ridesharing account of twenty cents ($0.20) for each one hundred dollars ($100.00) of assessed real property value if the office development:

      (i)   Is in a share-a-ride outreach area;

      (ii)   Participates in the share-a-ride program; and

      (iii)   Obtains reduced parking requirements under section 59-E-3.31(b)(1) of this Code.

    (3)   The owner of an office development shall make an annual payment into the ridesharing account of up to ten cents ($0.10) for each one hundred dollars ($100.00) of assessed real property value if the office development:

      (i)   Implements private ridesharing incentives; and

      (ii)   Obtains reduced parking requirements under section 59-E-3.31(a)(2), (b)(2), or (c) of this Code.

**Sec. 42A-7. Penalties.**

  (a)   Failure to satisfy conditions. The owner of an office development may not fail to satisfy any of the conditions under section 59-E-3.31 of this Code that permitted a reduction in parking requirements.

  (b)   Penalty under section 59-E-3.31. If an owner of an office development violates subsection (a) of this section, the owner is liable for a penalty under section 59-E-3.31 of this Code.

  (c)   Penalty payment; initial schedule. If an owner is required to make a payment to the ridesharing account as a penalty under section 59-E-3.31 of this Code, the payment shall be made under the following schedule:

    (1)   The owner shall pay an annual penalty of thirty cents ($0.30) for each one hundred dollars ($100.00) of assessed real property value if the office development:

      (i)   Is in a share-a-ride district; and

      (ii)   Agreed to participate in the share-a-ride program under section 59-E- 3.31(a)(1) of this Code.

    (2)   The owner shall pay an annual penalty of forty cents ($0.40) for each one hundred dollars ($100.00) of assessed real property value if the office development:

      (i)   Is in a share-a-ride outreach area; and

      (ii)   Agreed to participate in the share-a-ride program under section 59-E- 3.31(b)(1) of this Code.

    (3)   The owner shall pay an annual penalty of up to thirty cents ($0.30) for each one hundred dollars ($100.00) of assessed real property value if the office development:

      (i)   Is in a share-a-ride district; and

      (ii)   Agreed to implement private ridesharing incentives under section 59-E- 3.31(a)(2) of this Code.

    (4)   The owner shall pay an annual penalty of up to forty cents ($0.40) for each one hundred dollars ($100.00) of assessed real property value if the office development:

      (i)   Is in a share-a-ride outreach area; and

      (ii)   Agreed to implement private ridesharing incentives under section 59-E- 3.31(b)(2) of this Code.

**Sec. 42A-8. Agreement recorded in land records.**

  (a)   Before a building permit for a facility that has been constructed with planned participation in the share-a-ride program under this Chapter is issued, the Director or the Planning Board must require the owner of an office development to execute an agreement that is binding on that owner as well as all subsequent owners of the office development.

  (b)   The agreement must provide:

    (1)   for the participation of the owner or subsequent owners in the share-a-ride program; and

    (2)   that if the owner or a subsequent owner fails to comply with the terms of the agreement, the owner or the subsequent owner will be liable for the penalties under this Chapter.

  (c)   The owner of the office development must record the agreement in the County land records.

**Sec. 42A-9. Regulations.**

  (a)   The county executive may adopt regulations, under method (2) of section 2A-15 of this Code, to decrease by no more than fifty (50) percent or increase by no more than one hundred (100) percent:

    (1)   The initial schedule of payments under section 42A-6(b); and

    (2)   The initial penalty payment schedule under section 42A-7(c).

  (b)   The county executive may adopt regulations, under method (2) of section 2A-15 of this Code, to implement this chapter.

**Sec. 42A-9A. Traffic mitigation agreements for certain developments.**

  (a)

    (1)   A traffic mitigation agreement that is required to be executed with the County under Article IV of Chapter 8 as a prerequisite to the issuance of a building permit must meet the requirements of this section.

    (2)   The purpose of a traffic mitigation agreement is to reduce single occupancy vehicle traffic from a proposed development in order to reduce potential congestion, promote traffic safety and pedestrian access, and reduce air and noise pollution.

    (3)   A traffic mitigation agreement executed under this section is in addition to, and not in lieu of, any other transportation requirement imposed on the applicant under law.

    (4)   A traffic mitigation agreement executed under this Section is not intended to satisfy the requirements of the Growth Policy for exceeding staging ceiling limitations. Until the County Council adopts specific traffic mitigation or commuting goals in the Growth Policy, the goal of a traffic mitigation agreement must be to have the percentage of non-driver trips employees make during the peak period equal the percentage of home-based work trips non-drivers make in the policy area. The mitigation agreement should consider proximity to Metro and other relevant factors listed in subsection (e). The percentage of non-driver trips the employees make during the peak period must not be lower than 15 percent or the percentage of home-based work trips using transit, whichever is greater. The percentage must not be higher than 35 percent. In determining the appropriate percentage of home-based work trips for non-drivers under this paragraph, the Department of Transportation must use data of commuting patterns from the most recent census update.

    (5)   A traffic mitigation agreement executed as part of site plan review satisfies the requirements of this section.  The Department of Transportation should review and comment on each agreement.

    (6)   The Department of Transportation must submit each proposed traffic mitigation agreement to the Planning Department for review and comment.

  (b)    The permit applicant and the Department of Transportation must execute a traffic mitigation agreement before a building permit is issued. If the applicant is not the owner of the property subject to the permit application, each owner of the property must also execute the traffic mitigation agreement if the agreement requires that owner to take any action. A traffic mitigation agreement executed by an owner must apply to all successors in interest to the owner of the property during the term of the agreement. The owner must record the executed agreement in the County land records.

  (c)   A traffic mitigation agreement must include the appointment of a transportation coordinator for the development.

  (d)   A traffic mitigation agreement may include:

    (1)   limitations on parking spaces to the minimum permitted under the zoning ordinance after allowance of available credits for ridesharing programs, shared parking, proximity to Metro, and similar factors;

    (2)   peak period parking charges, including charging employees for parking at commercial rates;

    (3)   participation in an area personalized ridesharing program, if available, including promotional efforts with tenants and employees;

    (4)   preferential parking requirements for carpools and vanpools, and the installation of one or more bus shelters;

    (5)   provision of transit or vanpool subsidies for employees;

    (6)   provision for emergency rides home for carpoolers and vanpoolers; and

    (7)   similar measures to reduce single occupancy vehicle traffic from the development.

  (e)   In determining reasonable and otherwise appropriate provisions of a traffic mitigation agreement, the Director of Transportation must consider, among other relevant factors:

    (1)   the type, density, and physical layout of the development;

    (2)   probable peak hour trip generation rates at the proposed development;

    (3)   occupancy projections, including the types of employers, the demographic composition of the workforce, and the work hours of employees, if known;

    (4)   proposed parking at the development, as shown in the application for the building permit;

    (5)   the degree to which public transit is available and its frequency of service;

    (6)   parking policies established for the policy area;

    (7)   experience of similar developments or employers in undertaking similar traffic mitigation measures; and

    (8)   location of the development within a transportation management district, share- a-ride district or outreach area, or in proximity to a voluntary transportation management association or other developments where owners or employers are willing to cooperate in joint traffic mitigation measures.

  (f)   Administration of this section should be accomplished in conjunction with existing public and private transportation management efforts.

  (g)

    (1)   A traffic mitigation agreement may require adequate financial security assurances, including bonds, letters of credit, or similar guarantees;

    (2)   A traffic mitigation agreement must:

      (i)   be made binding on future tenants; and

      (ii)   provide for liquidated damages, specific performance, or other remedies, as appropriate.

### Article II. RESERVED.

**Sec. 42A-10. — Sec. 42A-20. Reserved.**

**Sec. 42A-20A. Reserved.**

**Sec. 42A-21. Reserved.**

**Sec. 42A-22. Reserved.**

**Sec. 42A-23. Reserved.**

**Sec. 42A-24. Reserved.**

(c)   Projects with prior approvals.  Any building or development project with an existing subdivision or optional method approval when this Act takes effect where a traffic mitigation agreement was a condition of that approval, may opt to be considered for re-approval of their application under the amendments in Section 1 if:

  (1)   a traffic mitigation agreement has not yet been fully executed;

  (2)   the building or project approved is larger than the minimum sizes designated for each Subdivision Staging Policy Area group in Section 42A-26; and

  (3)   construction has not begun.

**Sec. 42A-25. Reserved.**

    (a)   Existing agreements.  All traffic mitigation agreements executed under this Chapter before this Act takes effect that have not expired or terminated, remain in effect.

**Sec. 42A-26.  Reserved.**

    (b)   New building or project approvals.  No traffic mitigation agreement must be required for any new building or development project approved after this Act takes effect.

**Sec. 42A-27.  Reserved.**

**Sec. 42A-28. Reserved.**

**Sec. 42A-29. Reserved.**

**Sec. 42A-30. Reserved.**

**Sec. 42A-31. Reserved.**

**Sec. 42A-32. Reserved.**

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 44. Schools and Camps.

### Article I. School Facilities Utilization Act.

**Sec. 44-1. Purpose.**

  It is the purpose of this article to achieve and maintain the following:

  (a)   Without interference with educational programs and activities or unless precluded by lease conditions between the board of education and private tenants under joint occupancy or similar arrangements, maximum utilization of gyms, playing fields, classrooms and other facilities of the Montgomery County public schools by public and nonpublic agencies, community groups and citizens generally throughout the county, toward the end that these public facilities serve the public on a year-round basis;

  (b)   Availability to actual and potential users of comprehensive and current information as to community activities and programs being conducted in school facilities and the conditions under which such facilities may be made available;

  (c)   Allocation and scheduling of facility space among users on an equitable basis;

  (d)   Improvement of coordination among common services utilizing school facilities;

  (e)   Identification of new and expanded facility use possibilities;

  (f)   Establishment of regulations for use, including fee schedules, replacement or repayment for damage to facilities and equipment and other necessary conditions for use; and

  (g)   Full consideration of community use factors in planning the construction or renovation of school facilities.

  (h)   It is the further purpose of this article to provide for maximum flexibility to communities and individual schools in the development of program activities in response to particular community needs.

**Sec. 44-2. Definitions.**

  For the purposes of this Article, the following words and phrases have the meanings indicated:

  Board. The Interagency Coordinating Board established by Section 44-3.

  Committee. The advisory committee established by Section 44-5.

  Director. The Director of Community Use of Public Facilities.

  Schools. Buildings and grounds, playing fields, gymnasia and associated educational facilities and equipment under the ownership and operating control of the Montgomery County board of education, including but not limited to those schools currently or in the future designated as "community schools."

  Superintendent. The superintendent of Montgomery County public schools.

  Community school council. An existing body created to provide information and advice on community needs, program development, facility use and related matters at designated "community schools" or a body as may be created in the future to perform similar functions regarding other schools or groups of schools.

**Sec. 44-3. Interagency Coordinating Board.**

  (a)   Establishment and responsibilities. Except as provided in Section 44-4A, the Interagency Coordinating Board for Community Use of Public Facilities must review and coordinate the activities conducted under this Article. The Board must:

    (1)   review budget requests of the Director and make recommendations about the requests to the Chief Administrative Officer, County Executive and County Council;

    (2)   recommend fee schedules that the Council may adopt by resolution after receiving the recommendations of the Executive;

    (3)   review and propose modifications in major contracts and grants negotiated between the County and Montgomery County Public Schools under this Article;

    (4)   provide periodic evaluations, advice, and recommendations, and an annual report by March 1 of each year, to the Director, the Board of Education, the Executive, and the Council about implementation of this Article;

    (5)   adopt regulations necessary to implement this Article; and

    (6)   recommend how to resolve any interagency differences and problems in implementing this Article to the Executive, the Board of Education, the Maryland National Capital Park and Planning Commission, Montgomery College, or the Council, as appropriate, including recommendations to promote coordination between programs and activities conducted under this Article and related services and activities financed by the County government.

  (b)   Membership. The Board consists of voting members and nonvoting, ex officio members.

    (1)   The voting members are:

      (A)   the Chief Administrative Officer;

      (B)   the Superintendent of Schools;

      (C)   the President of Montgomery College;

      (D)   a member of the Maryland-National Capital Park and Planning Commission designated by the Montgomery County members of the Commission;

      (E)   a Councilmember, the Executive Director of the Office of the County Council, or a senior staff member of the County Council, who represents the Council;

      (F)   one resident appointed by the Superintendent and confirmed by the Board of Education; and

      (G)   three residents appointed by the Executive and confirmed by the Council.

The Advisory Committee may recommend individuals to the Executive and the Superintendent for appointment as resident members of the Board.

    (2)   The nonvoting, ex officio members of the board are:

      (A)   a member of the Board of Education designated by the Board of Education;

      (B)   a person designated by the Montgomery County Association of Administrators and Principals to represent secondary school administrators and confirmed by the Council;

      (C)   a person designated by the Montgomery County Association of Administrators and Principals to represent elementary school administrators and confirmed by the Council.

    (3)   The Chief Administrative Officer, the Superintendent of Schools, the President of Montgomery College, and the Montgomery County member of the Maryland- National Capital Park and Planning Commission may each designate a senior staff member to serve in their absence as an alternate member of the Board.

  (c)   Officers. The Board must elect a Chair and Vice Chair to serve for a one-year term, and may reelect either or both officers.

  (d)   Terms. Members of the Board appointed under subsections (b)(1)(F) and (G) and (2)(B) and (C) must serve staggered four-year terms beginning on July 1 of the year when the term of the member's predecessor is scheduled to expire. A member continues to serve until the member's successor is appointed.

  (e)   Compensation. Members of the Board serve without compensation.

  (f)   Meetings. The Board must meet at least once every three months. The Board may be convened at any time, with appropriate advance notice, at the call of the chair or upon the request of the Chief Administrative Officer or the Superintendent.

  (g)   Attendance. Section 2-148(c) applies only to resident members of the Board.

**Sec. 44-4. Director of Community Use of Public Facilities.**

  Except as provided in Section 44-4A, the Director must:

  (a)   Administer the programs and activities necessary to carry out the purposes of this article;

  (b)   Administer appropriated funds and explore the possibility of obtaining additional funds from non-county sources;

  (c)   Provide information and guidance to community groups, municipal governments, county agencies and other users of school facilities as to ways in which such facility use could be made more cost effective;

  (d)   In consultation with the board and with the approval of the chief administrative officer, employ and train community school coordinators and other necessary personnel;

  (e)   Directly with individual schools or through community school coordinators (or other intermediate personnel), maintain effective liaison and consultation with school principals, community school councils and other community organizations and user groups in order to fulfill the following responsibilities, among others:

    (1)   Encourage and assist in the formation of community school councils;

    (2)   Schedule use of school facilities;

    (3)   Under arrangements with school principals, assure general and proper supervision of non-school use of buildings and other facilities, including the engagement of appropriate on-site personnel;

    (4)   Generally coordinate logistical, financial and related aspects of the after-school, evening, weekend and vacation period and other non-school use of school facilities, as may be provided in contractual or other arrangements between the county government and the board of education;

    (5)   Survey community needs and develop outreach and other programs to meet those needs through optimal use of school facilities; and

    (6)   Assume responsibility for needed repair or replacement of property resulting from community use;

  (f)   Effect cooperation among activities under this article, community programs and activities carried on in former schools subsequently taken over by the county government and multipurpose community centers operated by the county government;

  (g)   Serve as executive secretary to the board; and

  (h)   Perform such other related duties as may be required.

**Sec. 44-4A. Reserved.**

**Sec. 44-5. Advisory committee.**

  (a)   There is hereby established an advisory committee to advise the board and director as to programs and activities conducted pursuant to this article; the committee shall bring to the board and director a broad spectrum of ideas and recommendations as to community use of school facilities. The committee shall submit recommendations to the board on the following subjects: ways by which school facility use may be increased by public agencies and community groups; ways in which information and other outreach efforts may be approved; ways in which facility utilization may be made more cost effective; and, ways by which procedural changes may result in a more effective operation.

  (b)   Members of the committee shall be appointed by the board or designated by organizations under arrangements specified by the board and shall be representative of various county and community groups with interests in school facility use.  Committee members shall serve without compensation. The director shall provide necessary staff support for the committee.

**Sec. 44-5A. Enterprise fund established; accounts.**

  (a)   An enterprise fund is established.  The Director of Finance administers the fund.  The Director of Finance must deposit to the enterprise fund:

    (1)   all funds paid to the County, either directly or through the Montgomery County public school system, from user fees and other payments for non-school use of school facilities;

    (2)   funds from grants, contracts, or other arrangements with federal or state governments or from other public or private sources in connection with the non-school use of school facilities;

    (3)   all funds paid to the County from user fees and other payments for community use of other public facilities; and

    (4)   any funds appropriated by the County Council to the enterprise fund.

  (b)   The Director of Finance must pay from the enterprise fund amounts necessary to:

    (1)   reimburse the Montgomery County public schools for costs incurred or services rendered in making school facilities available for community or other non-school use;

    (2)   reimburse a government agency for costs incurred or services rendered in making other public facilities available for community use;

    (3)   pay the expenses of meetings and other activities of the Board; salaries and other expenses for the Director, coordinators, and other personnel necessary to implement this Chapter; and

    (4)   pay any other expenses necessary to carry out the activities authorized or required by this Chapter.

  (c)

    (1)   The Director of Finance and the Director of Management and Budget must establish a system of fund accounts and other accounts that reflect all identifiable direct costs necessary to make school facilities available for non-school use and other public facilities available to community use.  For school facilities, the Directors must establish the accounting system in cooperation with the Superintendent, using criteria approved by the Board.  This subsection does not apply to a joint tenancy arrangement maintained by the Board of Education.

    (2)   The accounts established under paragraph (1) must provide the financial basis to:

      (A)   calculate and establish fee schedules;

      (B)   estimate any subsidy the County will provide for a particular type of community use; and

      (C)   prepare budget requests for the appropriation of County funds to implement this Article.

### Article II. Public Schools.

**Sec. 44-6. Annual expense allowance for members of board of education.**

  The members of the board of education of the county shall each receive annually the sum of three hundred dollars ($300.00) for traveling and other expenses incident to attending the meetings and transacting the business of the board within the county, the sums to be put in the school budget and to be levied by the council.

**Sec. 44-7. Denominational and parochial school students entitled to transportation.**

  All children who attended any denominational or parochial nonprofit schools in the county which schools do not receive state aid and who reside on, along or near to the public highways of the county, on which there is now or hereafter operated a public school bus or conveyance provided by the board of education of such county for transporting children to and from the public schools of the county, shall be entitled to transportation on the buses or conveyances, and the same shall be provided for them by the board of education of the county, subject to the conditions hereinafter set forth, from a point on the public highways nearest or most accessible to their respective homes to a point on such public highways nearest or most accessible to their respective schools, without changing the routes of such buses or conveyances now or hereafter established by the board of education of the county for transporting children to and from the public schools, and such transportation shall be provided by the board of education, as aforesaid, for all the children attending schools described herein, upon the same terms and conditions as now or as may be hereafter established by the board of education of the county for children attending public schools.

**Sec. 44-8. Cost of transportation of students; levy and appropriation; charge to students.**

  The council is hereby authorized to levy and appropriate annually sufficient funds to defray any costs incurred by it in carrying into effect the provisions of section 44-7 and for the establishment of new bus routes, if in their discretion the board of education of the county and the council deem it desirable to establish new routes and to purchase additional buses, for the transportation to and from school of children attending schools not receiving state aid. The transportation of children to and from schools not receiving state aid shall be upon such reasonable terms and conditions as the board of education may from time to time determine but in no event shall the amount charged children attending such schools for using such buses or conveyances be greater or less than the amount charged children attending the public schools for the same kind of transportation.

**Sec. 44-9. Acceptance of donations for school purposes; requirements and procedure; power of council to forbid.**

  The county board of education is hereby, in its discretion, authorized and empowered to accept donations of land and improvements thereon in the county, suitable for public school uses subject to mortgage indebtedness or indebtedness thereon not exceeding two-thirds of the value of each such donation, and to assume the payment of such indebtedness, to make extensions thereof and to pay the interest thereon as the same shall become due and payable out of any funds derived by such board from time to time from the county; provided, however, that a good and sufficient title shall be given in the corporate name of the county board of education for such land, subject only to such mortgage indebtedness; and provided further, that in case of the erection of a new building or of any addition to any such building under agreement with such board to accept a donation, as provided for in this chapter, the plans and specifications of such new building or addition to any building, so proposed to be donated, and any and all modifications thereof shall be submitted to and approved by the board; and further provided, that the interest on such indebtedness so assumed shall not exceed in any case a fair rental for the property donated; that before accepting any such donation the board shall advise the council of its purpose so to do and in writing, and the council shall have the right to consider the same ten (10) days and to forbid such acceptance if it shall be of the opinion that such indebtedness exceeds two-thirds of the value of the property donated or the interest thereon exceeds a fair rental for the property donated.

**Sec. 44-10. Biennial survey of school construction needs required.**

  On or before January 1, 1939, and in every second year thereafter, the county board of education shall prepare a comprehensive survey and report on the needs of the county with respect to the construction, maintenance, repair and equipping of schools during the succeeding four-year period, with full estimates of their cost and the recommendations of such board with respect thereto. A copy of such report shall be submitted to the council, and to the senator and each delegate to the general assembly from the county for their use and information.

**Sec. 44-11. Teachers' salaries to be paid monthly; report.**

  The county board of education is hereby required hereafter to pay the salaries of the teachers of public schools in the county monthly; and that such teachers be and they are hereby required to make their reports to the board monthly instead of quarterly.

**Sec. 44-12. Annual levy; sums for various purposes to be specified.**

  In making its annual levy for public school purposes, it shall be the duty of the council to separately specify the sum to be used for the maintenance of the public schools other than the high school branch thereof, the maintenance of the high school department of schools containing such department and the sum to be used for new buildings and equipment of the public schools of the county; provided, that the council may levy a contingent fund which may be applied to maintenance, high schools, new buildings or equipment in the discretion of the county board of education; and, provided further, that it shall be mandatory on the council to levy for each school year a sum which, together with the estimated state apportionment therefor, will be sufficient to lawfully maintain the public schools of the county other than high schools for the period for which each class of such schools were conducted in the school year ending July 31, 1913.

**Sec. 44-13. Board of education not to incur deficits.**

  The county board of education shall not expend for school purposes, or for any other purpose, a greater sum of money in any one (1) year than the aggregate amount of its receipts for such school year, including the amount annually levied for school purposes by the council and the amount annually received by such board from the treasurer of the state; and such county board of education shall not borrow any sum of money in any one (1) year in excess of its actual receipts and income for such school year. It shall not be lawful for the county board of education to contract or pay any debt in excess of the receipts of such board during any such school year.

**Sec. 44-14. Payment of debts incurred in violation of article prohibited.**

  The county shall not assume or pay any debt or portion thereof contracted in violation of the provisions of this article; provided, however, that it shall not be unlawful for such board to borrow money sufficient to pay its teachers and other school employees at or about the first day of June in each year in anticipation of the installment of state appropriations in such school year thereafter due and payable.

**Sec. 44-15. Authority to borrow up to five thousand dollars.**

  Should the necessary expenditures of the board of education exceed the bona fide estimate thereof to the extent of not exceeding five thousand dollars ($5,000.00), the two (2) preceding sections shall not be so construed as to prevent such board from anticipating its revenues from the next succeeding school year to the amount of such indebtedness of not exceeding five thousand dollars ($5,000.00) or prevent the council from taking into consideration any such possible or actual deficit to the extent of not exceeding five thousand dollars ($5,000.00) in making its levy for school purposes.

**Sec. 44-16. Penalty for violation of section 44-13.**

  Upon conviction for the violation by any member or officer of the county board of education of section 44-13, he shall be punishable by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and removed from office.

### Article III. Private Schools and Recreational Camps.

#### Division 1. Licensing and Regulation of Private Schools Generally.

**Sec. 44-17. Definitions.**

  For the purposes of this Division, the following words and phrases have the following meanings:

  Director; Department: The term "Director" means the Director of the Department of Health and Human Services, and the term "Department" means the Department of Health and Human Services.

  License: The term "license" refers to the permission extended by the County to a private educational institution to occupy and use specified buildings and premises for educational purposes upon compliance with this Article.

  Private educational institution: The words "private educational institution" shall mean every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic training; but, such term does not include: (a)   Any private educational institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any place other than a two-family dwelling or multi-family dwelling where instruction is carried on by a single teacher or instructor and where not more than 5 students are under instruction at any one time.

**Sec. 44-18. Requirements as to licenses generally.**

  (a)   Required. No building or premises shall be occupied or used in whole or in part as a private educational institution within the county after July 1, 1950, until an annual license shall have been granted for such occupancy and used by the director, nor shall any such building or premises be so occupied and used after such license has expired or has been revoked or suspended.

  (b)   Application; information to be shown. Before an annual license for a private educational institution shall be issued by the director, an application for such license shall be made by the owner, his agent, or the managing director of such institution to the department setting forth the name and address of the private educational institution, the classification of such institution, the name of the director or headmaster of the institution and such other information as the department may require for the purposes of this division.

  (c)   Compliance with zoning regulations required. No license shall be issued to any private educational institution the location of which violates the zoning ordinance. If any such private educational institution is required by the zoning ordinance to obtain a special exception from the appropriate board of zoning appeals, the director shall not issue a license to such institution until such special exception has been obtained.

  (d)   Certificates required. No initial annual license for a private educational institution shall be issued under this article by the director unless the following certificates have been filed with the department not more than sixty (60) days prior to the issuance of such license:

    (1)   A certificate from the department stating that the building to be occupied or used by such private educational institution is structurally safe for the purpose for which such building is intended to be used, and that such building is in compliance with the applicable building, electrical and plumbing codes.

    (2)   A certificate from the fire marshal for the county stating that such buildings are in compliance with the fire prevention code of the county.

    (3)   A certificate from the director stating that the building to be occupied or used by the private educational institution and the premises on which such building is located have adequate and sanitary toilet and sewerage facilities for the purpose for which such building and premises are proposed to be used, that the water and sewerage facilities in the kitchens, dormitories and bathrooms are sufficient, suitable and safe for the purposes for which they are to be used, and that the private educational institution is in compliance with the regulations of the county board of health and conforms to such other requirements as may be prescribed by the director of the department for the public health, safety, comfort, morals and welfare.

**Sec. 44-19. Renewal of licenses.**

  Every private educational institution within the county shall, on or before May 1 of each year, make application to the department for renewal of the annual license required by this division.

  Before an annual license for a private educational institution shall be renewed by the director under the authority of this division, the director shall have received, within sixty (60) days prior to renewing any such license, certificates similar to those prescribed in subsection (d) of section 44-18.

**Sec. 44-20. License void upon change of location, etc.**

  Whenever a private educational institution changes its location the current license held by such institution under this chapter shall automatically become void. Such institution shall, before changing its location, make application for a new license to the department. Section 44-18 shall be complied with before such new license shall be issued by the director. There shall be no fee for such new license.

**Sec. 44-21. Transfer of license.**

  No license issued under this division shall be transferable.

**Sec. 44-22. License fees.**

  Annual fees for licenses issued under this division shall be of such an amount as the county executive, by regulation adopted under method (3) of section 2A-15 of this Code, may set from time to time. The fees shall not exceed the cost of inspection and issuing the permits for the various establishments regulated by this chapter. The permit fee so fixed shall be submitted with the application and is not refundable in whole or in part unless the application is withdrawn prior to an inspection of the premises by the director of the department or his/her authorized agent. If the application is withdrawn prior to the inspection, the entire permit fee shall be refunded.

**Sec. 44-23. Expiration of license.**

  All annual licenses issued under this division shall expire on October 15 of the year for which they are issued except as provided in section 44-24. When a valid application for license renewal has been properly filed and the existing license has not been suspended, revoked or denied by the department, the existing license shall continue in effect for not more than one hundred eighty (180) days pending formal action by the department on the renewal request.

**Sec. 44-24. Procedure for issuance, etc., of license.**

  (a)   Investigations and inspections. Upon receipt of an application for an annual license under this division or for renewal of an annual license, the director shall make or cause to be made all investigations and inspections required by this article. Upon conclusion of all such investigations and inspections, the director shall either issue or renew such license or deny the application therefor within sixty (60) days after the date of the filing of the application or as soon thereafter as practicable; provided, that where an application for renewal of an annual license has been filed on or before May 1 as provided for in section 44-19 and the director has neither approved nor disapproved such application by the following July 1, the current license shall remain in full force and effect until the director either approves or disapproves the application for renewal.

  (b)   Notice of corrective measures to be taken before license issued; failure of applicant to comply. If, upon the completion of all investigations and inspections referred to in the preceding subsection, the director finds that a private educational institution for which a license under this division is requested is not in compliance with the requirements of this article, he shall within ten (10) days after making such a finding cause to be served on the director or headmaster of the institution concerned written notice of such fact and shall in such notice advise him of the necessary corrective measures to be taken before a license will be issued. The director may, in such notice, direct the applicant to appear before him in not less than ten (10) days from the date of service of such notice to show cause why the license should not be denied. If the applicant for such license shall fail to show cause as directed in such notice or shall fail to take the corrective steps specified therein, the director may refuse to issue or renew such license as the case may be.

  (c)   Service of orders and notices. All orders and notices issued by the director under this division shall be served on the person to whom they are directed either by mail or by personal delivery to such person. If such person cannot be found in the county, service by personal delivery shall be made on the next immediate subordinate of such person who is at the time in charge of the private educational institution. If no such person can be located, service shall be made by publishing such notice at least once a week for two (2) successive weeks in a newspaper of general circulation published within the county.

  (d)   Revocation and suspension of license; notice. The director may revoke or suspend any license issued under this division upon finding that any private educational institution is in violation of any provision of this division. Any such revocation or suspension shall be by written order directed to and served upon the director or headmaster of the private educational institution concerned in the manner prescribed in the preceding paragraphs. Any such notice of revocation or suspension shall require the holder of the license to appear and show cause why the license should not be revoked or suspended before the director in the manner provided in this division.

**Sec. 44-25. Right of appeal from denial, revocation or suspension of license.**

  In the event that any person is aggrieved by a denial revocation or suspension of a license required by this division, such person may appeal from the action of the director to the county board of appeals within twenty (20) days after service of notice of such action. Upon receiving such request the county board of appeals shall, after due notice to all interested parties within thirty (30) days after the filing of such report, hold a hearing thereon and either affirm, rescind or modify such order within thirty (30) days after the hearing has been held; provided, that the county council may by resolution entered on its minutes extend either of such periods of time.

  No private education institution for which a license or renewal of a license has been denied or whose license has been revoked or suspended by order of the department shall occupy or use for education or training purposes the building and premises to which the license applies after such order of denial has been affirmed on appeal to the county board of appeals or after the time to appeal has expired.

**Sec. 44-26. Responsible adult person to be in charge at all times.**

  Every private educational institution shall, at all times when students are present upon the premises of such school, maintain a responsible adult person in charge of such students.

**Sec. 44-27. Students working in laboratories, etc., where dangerous or explosive materials used.**

  No students under the age of eighteen (18) years shall at any time be allowed to work in any science laboratory or any other place in a private educational institution wherein open flames, inflammable materials or any other kind of dangerous or explosive material is used unless an adult person in charge shall be in attendance.

**Sec. 44-28. Right of entry of county officials.**

  For the purpose of enforcing this division, the director, the county fire marshal, the director of the county police and such subordinate officials as may be expressly designated by the above-named county officials shall, upon exhibiting the proper credentials or proof of identity, have the right to enter any building, structure or premises of a private educational institution, except the living quarters of staff members of any private educational institution without the consent of the occupant, at any time during business or operating hours, and at such other times as may be necessary in an emergency that endangers health, life or property.

**Sec. 44-29. Administration and enforcement of division-Generally.**

  The director is hereby authorized and directed to administer and enforce the provisions of this division.

**Sec. 44-30. Same-Department heads to provide assistance and services.**

  All department heads in the county government are hereby authorized and directed to provide such assistance and services as may be required by the director for the purpose of enforcing this division.

**Sec. 44-31. Violations and penalty.**

  Any person in charge of any private educational institution who violates any provision of this division shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day during which such violation shall continue shall be deemed a separate offense.

#### Division 2. Health Standards and Regulations.

**Sec. 44-32. Definitions.**

  For the purposes of this Division the following words and phrases have the following meanings:

  Director; Department: The term "Director" means the Director of the Department of Health and Human Services and the term "Department" means the Department of Health and Human Services.

  Institution: Private educational institutions, as defined in this Section, and all recreational camps.

  Plumbing fixtures: Receptacles which receive water, liquid or water-borne wastes and discharge them into a drainage system with which they are directly or indirectly connected.

  Plumbing system: The water supply system, the fixtures and fixture traps, the soil, waste and vent pipes, the building (house) drain and building (house) sewer, the storm water drainage pipes with their devices, appurtenances and connections all within or adjacent to the building.

  Pool: A water receptacle used for swimming or as a plunge or other bath, designed to accommodate more than one bather at a time.

  Potable water: All water from a public or private water supply system or source which is accepted by the proper governing authority as suitable for human consumption.

  Private educational institution: Every private school or educational or training institution, however designated, which offers a program of college, professional, preparatory, high school, junior high school, elementary, kindergarten or nursery school instruction, or any combination thereof, or any other program of trade, technical or artistic instruction; but, such terms shall not include: (a) Any private education institution which is under the supervisory jurisdiction of the County Board of Education; or (b) any type of instruction which is carried on by a single teacher, tutor or instructor having not more than 5 students under instruction at any one time.

  Registered nurse: A person who has qualified for nursing service under the law of the State.

  Sanitary sewer: Any water-borne system of sewage disposal.

  Sewage: Any liquid waste containing animal or vegetable matter in suspension or solution or liquids from laboratories or industrial institutions containing minerals in solution.

**Sec. 44-33. Location generally; vermin control.**

  Private educational institutions and camps shall be located on well-drained grounds and shall be kept free, insofar as practicable, from rats and other vermin, as well as from conditions which attract or harbor vermin.

**Sec. 44-34. Buildings, sleeping quarters, tents and equipment generally.**

  (a)   Maintenance. All buildings, tents, vehicles and grounds of institutions regulated by this division shall be maintained in a clean and sanitary condition at all times.

  (b)   Space in sleeping quarters; proximity of beds. Rooms used for sleeping at night shall contain not less than four hundred (400) cubic feet of space for each occupant. The director may waive this requirement where he finds that circumstances warrant such a waiver and that the health of no student will be jeopardized thereby. No bed shall be closer to any other bed than two and one-half feet.

  (c)   Ventilation. Ventilation in sleeping quarters, kitchens, dining rooms and mess halls shall provide a sufficient movement of air at all times to assure the comfort of the occupants.

  (d)   Screening against flies and mosquitoes. All outside doors, windows and other outer openings of sleeping quarters shall be screened against flies and mosquitoes between April 1 and October 15 of each year.

  (e)   Distance of floors above ground. The floors of all buildings occupied or used for living or instruction shall be raised above the ground to such a height or shall be otherwise constructed so that they will remain dry.

  (f)   Window space of rooms used for sleeping. Every room used for sleeping at night shall have window space equal to one-eighth of its floor area. The director may waive this requirement where, in his opinion, natural lighting warrants such a waiver and where the health of the occupants of the room will not be jeopardized thereby.

  (g)   Construction of windows of sleeping rooms. Windows of sleeping rooms shall be so constructed that at least one-half of the window area of each window can be opened.

  (h)   Water buckets used for fire extinguishers. Water buckets used for fire extinguishers shall be protected so as to prevent mosquito or other insect breeding therein.

  (i)   Heating requirements. Every building used for living or instruction purposes shall be heated sufficiently to ensure the comfort and protect the health of all persons using such buildings. In such buildings a minimum average temperature of at least sixty-five (65) degrees Fahrenheit shall be maintained. The health officer may waive this requirement where, in his opinion, circumstances warrant such a waiver.

  (j)   Locker spaces in rooms. Locker spaces shall be provided for all students who engage in athletic activities and who do not change their clothing in other than sleeping quarters. Locker rooms shall be under the supervision of a competent person who shall be responsible for the cleanliness, sanitation and ventilation of such spaces. The person in charge of the locker facilities shall insure that individual towels are used by individual persons.

**Sec. 44-35. Water supply.**

  (a)   Annual inspection. The potable water supply in every institution shall be inspected annually for adequacy, safety and conformity with state and local health laws by the Department.

  (b)   Precautions against contamination. When drinking water is carried into an institution from any outside source, a responsible person shall be designated by the Director of the institution to insure that precautions are taken to prevent contamination of the water in transit.

  (c)   Use of common drinking cup. The use of a common drinking cup or container is hereby prohibited.

  (d)   Drinking fountains. All drinking fountains must be approved by the Department of Permitting Services as being of a design and in such condition that they do not constitute a health hazard.

  (e)   Wells and springs. Wells and springs must be located or protected so as to avoid any danger of contamination from buildings or other sources. Wells or springs must be encased in masonry or tile which must extend at least 18 inches above the surface of the ground, and must be provided with a watertight cover, or must be of such other construction as to render assurance against contamination. Removal of water from any source by dipping or drawing with a bucket or other device is prohibited. Before the selection of springs or the construction of wells for a potable water supply, a person must obtain approval from the Department of Permitting Services.

  (f)   Connections between water sources. Connections between water sources which have been approved by the Department and sources which have not been so approved are hereby prohibited.

  (g)   Use of lead pipe prohibited. The use of lead pipe for conducting water into any institution is hereby prohibited.

  (h)   Availability of hot water. In all institutions equipped with running water under pressure, hot water shall be available in all cooking and dishwashing places at all times during which food is being prepared and dishes are being washed.

**Sec. 44-36. Bathing facilities and swimming pools.**

  Swimming pools and regular bathing facilities shall comply with the swimming pool regulations of the state board of health and shall be inspected regularly by the department at least once each calendar year.

**Sec. 44-37. Toilet and sewage disposal facilities.**

  (a)   Inspection and compliance with regulations. The toilet facilities and methods of sewage disposal in all institutions shall be inspected regularly by the department or other designated county agency for conformity with the excreta disposal laws of the state and the county and shall comply with all regulations issued under such laws.

  (b)   Toilet facilities generally. There shall be provided in all buildings used for living or instruction which are accessible to a sanitary sewer convenient and adequate toilet facilities so located, constructed and maintained that they shall not be offensive to the users, shall not be accessible to flies or vermin, and shall not by leakage or seepage offer possible contamination of adjacent waters or otherwise create a nuisance.

  (c)   Ratio of toilet facilities to students. The following ratio of toilets to students shall be deemed a standard for minimum adequacy:

Girls’ toilet units, elementary school | 1 to 35
Girls’ toilet units, secondary school | 1 to 45
Boys’ toilet units (when no urinals are provided) | 1 to 35
Boys’ toilet units when supplemented by at least one urinal to fifty boys | 1 to 100
Lavatories, elementary school | 1 to 60
Lavatories, secondary school | 1 to 100

**Sec. 44-38. Food and food handling.**

  (a)   Standards generally. All institutions shall comply with grade A standards established by the county board of health in its regulations for eating and drinking establishments.

  (b)   Screening against flies and mosquitoes. All doors, windows and other outer openings of kitchen, pantries and dining halls shall be screened against flies and mosquitoes between April 1 and October 15 of each year.

  (c)   Quality of milk used. In all institutions only pasteurized milk and cream conforming to state and local milk regulations shall be used.

**Sec. 44-39. Garbage and waste disposal.**

  (a)   Receptacle requirements generally. All garbage and waste matter from institutions regulated by this article shall be deposited in covered metal receptacles which shall be regularly emptied and cleaned at least twice a week between November 1 and April 1 of every year. Such receptacles shall be cleaned more frequently between April 1 and November 1 upon the written order of the director.

  (b)   Disposition of garbage, etc. All garbage and waste matter shall be burned, buried or otherwise disposed of in such a manner as not to violate any of the provisions of this Code or constitute a health or sanitary nuisance.

  (c)   Storage of garbage. Garbage shall be stored for collection in such a manner that it will not be accessible to rodents or other vermin.

  (d)   Garbage can locations to be kept clean. Places where garbage cans are located shall be kept clean at all times.

  (e)   Disposition of tin cans, etc. Emptied tin cans and food containers shall be disposed of in such a manner as to render them inaccessible to mosquitoes, other insects or vermin.

**Sec. 44-40. Medical and nursing care generally.**

  (a)   Generally. Every institution shall prepare a plan for insuring adequate emergency and other medical service. Every overnight school and camp shall have a school medical adviser, who shall be a licensed physician and who shall, pursuant to a definite arrangement with the institution:

    (1)   Regularly advise the institution concerning its general health program, emergency and other medical services, measures to control communicable diseases, health supervision of athletic participants and first-aid and nursing services;

    (2)   Assume responsibility for the examination and medical supervision of any children unable to secure this service from private physicians;

    (3)   Issue standing orders to the person responsible for first-aid service.

  (b)   Program in handling emergencies. Every institution shall prepare a planned, written program for the handling of emergencies and, in connection therewith, shall keep available in a convenient location a list of the names, addresses and telephone numbers of the institution's medical adviser, or nearby physicians available in emergencies, of nearby ambulance and hospital services and of the family physician of the individual students.

  (c)   Person trained in first-aid to be present. An adult person trained in first-aid shall be present in every institution at all times when students or children are present.

  (d)   When provisions for first-aid attention required. Adequate provisions for first-aid attention shall be made in connection with all group trips away from the institution except for trips performed within an area where first-aid attention is readily obtainable.

  (e)   Telephone required. There shall be a telephone in every educational institution and every recreational camp; provided, however, that where such camp is unable to obtain a telephone there shall be one (1) within five (5) minutes' travel distance from such camp.

  (f)   Automobile facilities. At all times there shall be available to every school automobile facilities which can be obtained within fifteen (15) minutes after call.

**Sec. 44-41. Communicable diseases.**

  (a)   Report required. All cases of communicable diseases initially detected in students during their presence in an institution must be immediately reported to the Health and Human Services Department by the person in charge of the institution. The report must include the name of any individual in the institution known to have or suspected of having any such disease and such other information as may be prescribed by the Director.

  (b)   Plan of isolation. Every institution shall prepare a plan of isolation of students while on the premises of the institution which meets the approval of the County Health Officer.

  (c)   Release of students suffering from or exposed to disease. No institution shall release a resident student suffering from a communicable disease or who has been exposed to such a disease within the incubation period of a communicable disease to a locality within the County without authorization of a licensed physician. No such student shall be released to a location outside the County without authorization of the County Health Officer. This subsection shall apply to chicken pox, diphtheria, measles and German measles, mumps, poliomyelitis, scarlet fever, whooping cough and such other diseases as the County Health Officer may designate.

  (d)   Procedure in case of suspected food poisoning, etc. Whenever there occurs in any institution any outbreak of suspected food poisoning or whenever there is an unusual prevalence of any illness in which diarrhea, fever, sore throat, vomiting or jaundice is a prominent symptom, it is the duty of the person in charge of the institution to report immediately the existence of such an outbreak or disease prevalence to the Health and Human Services Department.

  (e)   Examination, etc., of employees. No institution shall knowingly permit an employee suffering from a communicable disease or suspected communicable disease to be on duty until examined by a licensed physician and found to be free from infection transmissible to others.

**Sec. 44-42. Examinations and health records.**

  A health record on a form prescribed by the county health officer shall be kept for each child or student in every institution.

**Sec. 44-43. Infirmaries.**

  Overnight schools and camps shall maintain a clean, well-lighted and sanitary infirmary. The minimal standard for the number of beds in any such infirmary shall be determined by the county health officer, based on the number of resident students, the arrangements for transferring sick students to their homes and hospitals and other conditions affecting the care of the sick students. Such infirmaries shall be equipped with supplies prescribed by the county health officer as adequate to fulfill the needs of the particular institution.

**Sec. 44-44. Administration and enforcement of division.**

  The director shall be responsible for the administration and enforcement of this division.

**Sec. 44-45. Violations and penalty.**

  Any person who violates any provision of this division shall be subject to punishment for a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day of violation shall be deemed a separate offense.

### Article Iv. Workforce Investment Scholarship Program.

**Sec. 44-46. Legislative findings.**

  (a)   The economic development of the County requires a well-prepared, educated, trained, and adaptable workforce to meet the current and future needs of County businesses.

  (b)   The County workforce needs the tools and resources to successfully compete in a complex global economy.

  (c)   County workforce training should encourage students to prepare for those occupations that are most needed in the County.

  (d)   County workforce training should provide equal opportunity for women to train for careers in science, technology, engineering, and mathematics and generally encourage gender equity in all careers.

  (e)   Montgomery College and the Universities at Shady Grove provide high quality higher education training in the County.

  (f)   A workforce investment scholarship program would promote economic development in the County.

**Sec. 44-47. Workforce Investment Scholarship Program.**

  (a)   Definitions.

    Board means the Workforce Investment Scholarship Board created in Section 44-48.

    Director means the Director of the Department of Finance or the Director’s designee.

  (b)   The Director must administer a workforce investment scholarship program that:

    (1)   awards workforce investment scholarships to students in an undergraduate degree program which prepares students for:

      (A)   one of the County’s 10 most needed occupations;

      (B)   certification by the State Department of Education to teach mathematics or science in a Maryland public school;

      (C)   a degree in engineering, mathematics, or a natural science; or

      (D)   a degree in early childhood education or early childhood special education.

    (2)   requires a student who receives a workforce investment scholarship to agree to work in the County as a mathematics or science teacher, as an engineer, or in one of the County’s 10 most needed occupations for at least the number of years the student receives the scholarship; and

    (3)   requires the repayment of the scholarship by a student who does not complete a degree or who does not satisfy other conditions of the scholarship.

  (c)   The Executive must adopt regulations under Method 2 implementing the scholarship program after considering the Board’s recommendations.  The regulations must govern the award of workforce investment scholarships covering tuition, books, fees, and related expenses to attend an undergraduate degree program at:

    1.   Montgomery College for the first 2 years; and

    2.   the Universities at Shady Grove for the last 2 years; or

    3.   any campus for one of the participating Universities at Shady Grove for the last 2 years if the degree program is not offered at Shady Grove.

**Sec. 44-48. Workforce Investment Scholarship Board.**

  (a)   Creation.  The County Executive must appoint, subject to confirmation by the County Council, a Workforce Investment Scholarship Board, consisting of 3 members.

  (b)   Composition; appointments of members.

    (1)   One member must be nominated by the Director

    (2)   One member must be nominated by the President of Montgomery College.

    (3)   One member must be nominated by the Executive Director of the Universities at Shady Grove.

  (c)   Chair; vice chair.  The Board must annually select one member as chair and another as vice chair, and any other officers it finds necessary.

  (d)   Terms; reappointments.  The term of office of each member is 3 years.  A member continues in office until a successor is confirmed.

  (e)   Compensation. A member receives no compensation for serving on the Board.

  (f)   Quorum.  A quorum is a majority of the members of the Board.

  (g)   Meetings; reports.  The Board may meet at the call of the chair as frequently as required to perform its duties, but no less than 4 times each year.  The Board must submit an annual report on December 31 to the Executive and Council summarizing its activities, needs, and recommendations, and the degree to which the goals of the Board are being met.

**Sec. 44-49. Duties of Board.**

  The Board must:

  (a)   recommend regulations governing the award of workforce investment scholarships;

  (b)   recommend an annual Workforce Investment Scholarship budget request to the Director for inclusion in the Executive’s recommended annual operating budget;

  (c)   adopt procedures as necessary to achieve the purposes of this Article, and keep a record of its activities and minutes of all meetings; and

  (d)   make recommendations to the Executive and the Council on the workforce investment scholarship program.

**Sec. 44-50. Duties of the Director.**

  The Director:

  (a)   must provide staff services and administrative support to the Board;

  (b)   must annually specify the County’s 10 most needed occupations as defined in the regulations;

  (c)   must submit an annual Workforce Investment Scholarship Program budget request to the Executive; and

  (d)   may enter into an agreement with Montgomery College, the Universities at Shady Grove, or one of the participating Universities at Shady Grove to administer the scholarship program.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 44A. Secondhand Personal Property.

**Sec. 44A-1. Definitions.**

  When used in this Chapter:

  Automated Purchasing Machine means a self-service device that:

  (1)   is designed to dispense payment in exchange for personal property; and

  (2)   is also known as a reverse vending machine.

  Dealer means a person conducting the business of buying, receiving, or marketing secondhand personal property in the County, including:

  (1)   an auctioneer; and

  (2)   a person who buys, receives, markets, or assists in the sale of secondhand personal property through the Internet or another electronic method.

  Director means the Chief of Police.

  Firearm means a device as defined in MD Code, Public Safety, §5-101(h), as amended.

  Person includes an individual, corporation, business trust, estate, trust, partnership association, 2 or more persons having a joint or common interest, or any other legal or commercial entity.

  Personal property includes radios and other audio equipment; televisions and other video equipment; photographic, optical and computer equipment; typewriters, calculators and other electronic or electrical home or office appliances, machines or equipment; firearms; bicycles; jewelry; furs, leather goods; watches; paintings; fine or historic china, crystal, glass or porcelain; objets d'art; power tools; carpets and rugs; musical instruments; and any item serialized, marked for identification purposes, or engraved.

  Police means the County Police Department or another police department having jurisdiction.

  Recyclable materials means recyclable solid waste as defined in Section 48-46.

  Secondhand personal property means previously owned personal property offered for sale or as collateral by any person, other than the manufacturer, wholesale distributor, or original retail seller, acting in the ordinary course of business. Secondhand personal property does not include:

  (1)   personal property purchased at a public sale;

  (2)   items of personal property that do not include a firearm that are offered for sale only on residential property and are:

    (A)   owned by a resident of the property; or

    (B)   part of the estate of a deceased immediate past resident of that property; or

  (3)   items of personal property that have a resale value below a dollar threshold specified for that type of personal property in a regulation adopted under method (3).

  Public sale means a sale open to the public and held in a location open and accessible to the public, with sufficient public notice of the time and place of the sale to give the public a reasonable opportunity to participate.

**Sec. 44A-2. License required.**

  A person must not conduct the business of a dealer unless the person possesses a dealer's license issued by the Office of Consumer Protection, which must be displayed to the public wherever the person conducts the business of a dealer. An individual must not act as officer, employee or agent, and in that capacity engage in transactions involving secondhand personal property, for a person required to be licensed by this Chapter unless the person possesses a valid and current dealer's license.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 44A-3. Required books and records; reporting requirements.**

  (a)    A dealer must keep all records and receipts required by this section at the business location for a minimum of 1 year from the date of the latest recorded transaction.

  (b)    A dealer must keep an electronic record, in English, of each purchase or receipt by or on behalf of the dealer at the time of the transaction. Each transaction must be recorded in an electronic format specified by regulation under method (3), which contains the following information:

    (1)   The name, date of birth, address, race, sex, physical description, and signature of the person selling the item;

    (2)   The driver's license number or similar proof of identification of the person selling the item;

    (3)   The date and time of the transaction;

    (4)   The identification, including signature, of the person making the record entry;

    (5)   A full physical description of each item purchased or received by the dealer, including but not limited to, shape, size, color, and a list of all numbers, marks, monograms, trademarks, manufacturer's names, serial numbers, inscriptions and any other marks of identification appearing on the item; and

  (6)   The consideration paid for each item or set of items.

  (c)   A dealer must give the Police:

    (1)   electronic notice of each transaction within 24 hours after the transaction; and

    (2)   a copy of the written record of each transaction required in subsection (b) within 7 days after the transaction.

**Sec. 44A-4. Retention of secondhand personal property.**

  (a)    A person must not sell, melt, change or alter (except for customary testing), take apart, destroy, obliterate identification marks, or dispose of any secondhand personal property purchased or received by a dealer until 21 days after the record of the transaction is submitted to the Police.

  (b)    All secondhand personal property purchased or received by a dealer must be stored at the dealer’s business location until 21 days after the record of the transaction is submitted to the Police, or for such additional time per any specific item as the Police require. All stored items must be identified by a tag attached to the property numbered to correspond with the number of the transaction record. Items purchased in bulk may be tagged in bulk. The storage requirements in this subsection do not apply to a consignee who:

    (1)   operates from a fixed place of business;

    (2)   complies with the tagging requirements of this subsection; and

    (3)   withholds payment for consignments for at least 30 days after each item is received.

  (c)   Items may be stored at other locations in the County approved by the Police. The dealer must produce these items at the business location within 1 hour after a request to do so by the Police.  A dealer who cannot comply with a request to produce an item made after regular business hours must produce the item within 1 hour after the opening of business on the next business day.

  (d)    The requirements of subsections (a), (b), and (c) do not apply to secondhand personal property which has been inspected and cleared for earlier disposition by the Police under regulations adopted under method (3).

**Sec. 44A-5. Transactions involving minors prohibited.**

  A dealer must not buy or receive any secondhand personal property from a person under 18 years old.

**Sec. 44A-6. Confidentiality of reports to Police.**

  The reports to the Police required by Section 44A-3 are confidential information for use by law enforcement agencies for law enforcement purposes. The full physical description of reported items may, however, be shown to private individuals to aid in identifying stolen property.

**Sec. 44A-7. Inspection by police; release of stolen property.**

  (a)   A dealer must permit the Police to:

    (1)   examine the records required by this Chapter;

    (2)   examine any personal property purchased, received, or stored at the business location; and

    (3)   require retention for an additional 30 days after the storage retention period under Section 44A-4, of any property which the police know or believe to be missing or stolen.

  (b)   A dealer must release to the Police an item of secondhand personal property, other than a security or printed evidence of indebtedness, located at the dealer’s place of business if:

    (1)   the Police have reasonable cause to believe that the item was stolen;

    (2)   the owner of the item or victim of the theft has positively identified the item;

    (3)   the owner of the item or the owner’s agent or designee has provided an affidavit of ownership;

    (4)   the stolen property report describes the item by:

      (i)   a date;

      (ii)   initials it bears;

      (iii)   an insurance record;

      (iv)   a photograph;

      (v)   a sales receipt;

      (vi)   a serial number;

      (vii)   specific damage;

      (viii)   the facts that show that the item is one of a kind; or

      (ix)   a unique engraving; or

    (5)   the property is involved in an on-going criminal or administrative proceeding where violations of this Chapter have occurred.

  (c)   The Police must give the dealer a receipt for each item of secondhand personal property released to the Police pursuant to subsection (b).  The receipt must:

    (1)   describe the item; and

    (2)   notify the dealer of the right to request a statement of charges against the individual who sold or gave the item to the dealer for theft under State law.

**Sec. 44A-8. Application for license; license fee.**

  (a)    The Office of Consumer Protection must make available an application form for a dealer’s license that requires an applicant to certify that the information given is correct under the penalties of perjury.

  (b)    The Executive, by regulation adopted under method (3), must set a license fee in an amount that does not exceed the estimated costs of administering and enforcing this Chapter.

  (c)    The dealer must agree in the application to:

    (1)   authorize the Police to inspect the records, inventory, and premises of the business during normal business hours;

    (2)   pay for the purchase of any secondhand personal property by check; and

    (3)   not cash any check, except a check issued by the dealer to pay for secondhand personal property, or as permitted by regulation adopted under method (3).

  (d)    Only individuals may apply for a dealer's license.

    (1)   A license application on behalf of a corporation or limited partnership must be applied for by and issued to the president of the corporation or one or more members of the partnership who are authorized to act for it.

    (2)   A license application on behalf of a partnership must be applied for by and issued to all of the partners who are authorized to act for the partnership.

    (3)   Each individual who applies for a dealer's license under this section assumes, as an individual, all responsibilities of the dealer and, as an individual, is subject to all conditions, restrictions and requirements imposed on dealers.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 44A-9. Payments by check or store credit.**

  A dealer must pay for each item of secondhand personal property by check or by granting a credit toward the purchase of other merchandise from the dealer, except as permitted by regulation under method (3).

**Sec. 44A-10. Reporting changed information.**

  If, during any license year, there is a change in the information that a person gave in obtaining or renewing a license under this Chapter, the person must report the change to the Office of Consumer Protection within 30 days after the change occurs and certify that the information given is correct under the penalties of perjury.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 44A-11. Expiration and renewal of license; prohibition on transfer.**

  (a)    Each license issued under this Chapter expires one year from the date of issuance.

  (b)    A license issued under this Chapter may be renewed on application and payment of a fee established by regulation under method (3).

  (c)    A license must not be transferred or assigned.

**Sec. 44A-12. Grounds for refusal, suspension or revocation of license.**

  The Office of Consumer Protection may refuse to grant a license under this Chapter to any individual and may suspend, revoke or refuse to renew the license of any person if it finds:

  (a)   The person has violated or is attempting to violate any provisions of this Chapter or any rule or regulation adopted under this Chapter.

  (b)   A similar license issued to the person has been suspended, revoked or refused in another jurisdiction for a reason which would justify such action under this section.

  (c)   Any officer, manager, agent or employee of the individual or dealer has violated or is attempting to violate any provision of this Chapter or any rule or regulation adopted under this Chapter unless the person or dealer:

    (1)   Had no knowledge of the wrongful conduct and in the exercise of reasonable diligence could not have known of the conduct; and

    (2)   Was unable to prevent the violation or attempted violation with the exercise of reasonable diligence.

  (d)   The person or dealer has been convicted of theft or a felony on one (1) or more occasions within the past seven (7) years.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 44A-13. Hearing; appeals.**

  (a)    The Office of Consumer Protection must offer an applicant or licensee an opportunity for a hearing before denying, revoking, suspending, or refusing to renew a license. The Director of the Office of Consumer Protection may serve as hearing officer or the Director may appoint a hearing officer. The Director of the Office of Consumer Protection must give the applicant or licensee written notice of the hearing by personal service or certified mail delivered to the last address recorded in the official County registry at least 15 days before the date of the hearing. The notice must:

    (1)   specify the time, date and place of the hearing;

    (2)   contain sufficient information to inform the applicant or licensee of the reason for denying, revoking, suspending, or refusing to renew the license;

    (3)   specify that the applicant or licensee has a right to representation by counsel; and

    (4)   state that the license may be denied, suspended, revoked, or refused by the County.

  (b)    The hearing officer may deny, revoke, suspend, or refuse to renew the license of any dealer if the hearing officer finds a violation of:

    (1)   this Chapter;

    (2)   Chapter 11; or

    (3)    any other applicable law or regulation which applies to conducting business as a dealer.

  (c)   A decision to deny, revoke, suspend, or refuse to renew a license must be in writing and specify the facts on which it is based. Each decision must be served on the dealer by personal service or certified mail. A dealer aggrieved by a decision to deny, revoke, suspend, or refuse to renew a license may appeal to the circuit court for the County in accordance with the procedure prescribed for administrative appeals by the Maryland Rules of Procedure.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 44A-14. Return of licenses on suspension or revocation.**

  (a)    If the license of a dealer is suspended, revoked or not renewed, the dealer must immediately return the license to the Office of Consumer Protection.

  (b)    At the end of a suspension, the Office must return the license to the dealer.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 44A-15. Computer reporting of information.**

  (a)   The Police may maintain the information received under this Chapter in a computer program in a form that is useful in police investigations.

  (b)   The Police should coordinate the form and content of the information required by Section 44A-3 in order to:

    (1)   share the information with law enforcement agencies in neighboring jurisdictions;

    (2)   maximize the usefulness of the recordkeeping; and

    (3)   make the requirements on dealers uniform in each jurisdiction.

**Sec. 44A-16. Automated Purchasing Machines.**

  (a)   General Prohibition.  Except as otherwise provided in this Section, a person must not purchase or offer to purchase any personal property by means of an automated purchasing machine.

  (b)   Exception for recyclable materials.  This Section does not prohibit the use of an automated purchasing machine exclusively to collect recyclable materials under a government-operated or -approved recycling program.

**Sec. 44A-17. Regulations; restitution.**

  The Executive must adopt reasonable and necessary regulations under method (3) to implement and administer this Chapter which may authorize the County to obtain restitution on behalf of an injured party.

**Sec. 44A-18. Penalties.**

  (a)   Any person who violates this Chapter is subject to punishment for a class A violation. Each day that a violation continues is a separate offense.

  (b)   The Director of the Office of Consumer Protection may file an action in any court with jurisdiction to enjoin any violation of this Chapter or to enforce any order or decision issued under this Chapter.

  (c)   A citation for a violation of this law may be issued by the:

    (1)   Chief of Police or the Chief’s designee; or

    (2)   Director of the Office of Consumer Protection or the Director’s designee.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 45. Sewers, Sewage Disposal and Drainage.

### Article I. Water and Sewer Service Extensions.

**Sec. 45-1. Authority to extend water and sewer service outside approved area.**

  (a)    Community sewerage and water supply service may only be extended to areas in conformance with the comprehensive water supply and sewerage systems plan developed pursuant to state law except as noted in subsection (b).

  (b)    Under conditions of an existing or anticipated health hazard, the county Department of Environmental Protection may require connections of individual structures to a community water supply and sewerage system if available.

**Sec. 45-2. Service area category changes — application; fees.**

  (a)   A property owner seeking a change in the property's water or sewer service area category designation under the County's Ten-Year Comprehensive Water and Sewer Plan may request the change by filing an application with the Department of Environmental Protection on a form prescribed by the Director of Environmental Protection.

  (b)   The County Executive must establish application fees by Executive Regulation under method (2).

**Secs. 45-3 — 45-7. Reserved.**

### Article II. Excreta Disposal.

### Article III. Storm Drainage Districts.

**Secs. 45-19 — 45-26. Reserved.**

### Article IV. Special Sewer Assessment Districts.

**Sec. 45-27. Authority to create.**

  The county council may create from time to time within the Washington Suburban Sanitary District in the county special sewer assessment districts to provide the extension of sewer facilities and the levying of benefit assessments therein for the financing of the extension. The districts may be created when the county council shall have determined that any extension in the six-year sewer program, as approved by it pursuant to the provisions of title 7 of article 29 of the Annotated Code of Maryland, as amended, is necessary for the implementation of programs for staging the orderly growth of the county; for service to programmed construction of other public facilities in the county; or for the elimination of public health and sanitation problems and that alternative methods of funding are necessary to achieve any of these objectives. The district shall encompass all properties which could be served by the programmed extension, and the construction of the extension is hereby declared to be a general benefit to all these properties.

**Sec. 45-28. Hearing prior to creation.**

  Prior to the establishing of any assessment district and the levying of any assessment, the county council shall hold a public hearing thereon after thirty (30) days' notice thereof published in a newspaper of general circulation in the county. Notice of the time and place of the hearing, together with a description of the programmed extension and the district to be established shall be mailed to the owner of each parcel of land proposed to be assessed for benefit received from the programmed extension, such mailing to be made by depositing a written notice in the United States mail at least two (2) weeks before the date of the hearing and to be to the owners and to their addresses as the same appear on the real property assessment records of the county. Prior to the hearing, the Washington Suburban Sanitary Commission shall be requested to furnish the county council with an engineering determination of the maximum area limits which could be served by the programmed extension; the estimated cost and time for construction of the extension; and the amounts and sources of funds available to the commission to defray the cost of the construction. If such information is not furnished, the hearing shall proceed on the basis of the information contained in the latest commission six-year capital improvements program approved under the provisions of title 7 of article 29 of the Annotated Code of Maryland, as amended.

**Sec. 45-29. Determination of need; resolution.**

  If, after the hearing provided for in this article, the council shall determine for any of the reasons set forth in section 45-27 that a special sewer assessment district is required for the public interest, health, safety or welfare, it shall by law designate the area of such assessment district and direct that the programmed extension be undertaken pursuant to agreements entered into with the Washington Suburban Sanitary Commission for the construction of such facilities under the authority contained in section 1-206 of article 29 of the Annotated Code of Maryland, as amended. The council at or about the time of enactment of such law shall by resolution describe generally the work to be done, determine the benefit to all properties affected thereby and estimate the cost to be borne by benefitted properties.

**Sec. 45-30. Assessment and financing.**

  Upon completion of the construction, the council shall by resolution assess the benefit in terms of resulting costs to the county thereof, including actual cost of publication of notices, conduct of hearings, advertising for bids, engineering and all costs of financing incurred prior to the adoption of the resolution, to all land encompassed within the assessment district and shall levy such assessment thereon for the recovery of the benefit or portion thereof on either an ad valorem basis or on a per-acre basis on all of the land. Notice of such assessment shall be given by placing a true copy of the resolution in the United States mail addressed to the owner of the property as shall appear on the real property assessment records of the county giving opportunity for objections thereto within thirty (30) days of such deposit in the mail. Such assessment shall be final; provided, that any person aggrieved by such assessment may appeal the same to the circuit court for the county within thirty (30) days after the expiration of the time for objection. The proceeds of the assessment may be expended by the county council for or in aid of the purposes of this article or may be paid over to the commission for these purposes. In the event the assessments levied together with all capital contributions or other funds received by either the county or the commission for such extension exceed the original capital costs of the completed project, such excess funds shall be applied as credits toward payment of any unpaid assessments or as refunds in whole or in part of assessments fully paid, as applicable.

**Sec. 45-31. Article to be supplemental.**

  Nothing herein is intended to be a substitute for any other method or system for financing of projects, particularly those in section 5-101 of article 29 of the Annotated Code of Maryland, as amended, it being intended to provide for a supplementary source of funds where the scheduled construction has been determined to be needed by the county council for the public purposes of this article. Nothing in this chapter authorizes the county council to construct or maintain sewer systems. Assessments levied in an assessment district under this chapter shall be used only for financing sewer systems within that district or related to the district or the system therein.

### Article V. Areawide Wastewater Treatment Management Planning.

**Sec. 45-32. Purpose; authority to create article.**

  The county council finds that the health, safety and welfare of the residents and taxpayers of the county are beneficially served through participation by the county in an areawide wastewater treatment management planning agency to be established under the provisions of section 208 Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500); further, the county council finds that authority exists to provide for county participation in this program through the enactment of this amendment.

**Sec. 45-33. Charter approval and amendment; procedure for participation in planning.**

  (a)   The charter for areawide water resources planning submitted to the county by the Metropolitan Washington Council of Governments on August 23, 1974, is hereby approved as it relates to the county, and the county is hereby authorized to participate in the activities provided under such charter.

  (b)   Such charter provides procedures for its own amendment. In those instances where local government approval is required for charter amendment to become effective, the county council, after receiving the recommendations of the county executive, may, by local legislation, approve such amendments on behalf of the county. Such action shall be taken within the time required in such charter amendment procedure.

  (c)   The county executive and such alternate member as the executive may select shall serve as a representative from the executive branch on the Metropolitan Washington Water Resources Planning Board. The county council shall select one (1) of its members to serve as a member and a member or nonmember of the council to serve as an alternate member on the Metropolitan Washington Water Resources Planning Board. Members and alternate members shall serve at the pleasure of the respective body appointing them.

  (d)   Voting authority of the county on the water resources planning board shall be divided equally between and exercised by the members or alternates appointed by the county council and the county executive.

**Sec. 45-34. Plan review and approval.**

  The plan of the water resources planning board, prepared in accordance with law and the charter establishing such board, and amendments thereto shall be submitted to the county council, the county executive, the county planning board and the Washington Suburban Sanitary Commission for review. At least five (5) days prior to the date established for a public hearing by the county council on the plan and any amendments thereto, the county executive, the planning board and the sanitary commission shall submit recommendations thereon in writing to the county council. After receiving the recommendations of the county executive, the planning board and the sanitary commission and after public hearing, the county council may approve or disapprove the plan or amendments as they affect the county; provided, that if the plan or amendments are disapproved by the county council, the council shall submit in writing to the board the council's reasons for disapproval.

**Sec. 45-35. Work program of water resources planning board; authority of county executive.**

  It is the intent of the county council and county executive that county participation in the planning process, conducted through the water resources planning board shall be conditioned upon the consistency of the annual work program and budget with maximum involvement of the county water resources planning staff to the extent that these responsibilities are pertinent to that work program and budget.

  In furtherance of this policy, the water resources planning board's annual work program and budget shall be reviewed to ensure that the county is clearly assigned the primary responsibilities and commensurate funding to undertake at least the following programs and projects involving areas within the county that may be included in the work program:

  (a)   Provisions of community water supply and wastewater disposal systems;

  (b)   Programs of individual water supply and wastewater disposal systems both on an interim and indefinite basis;

  (c)   Disposal of solid wastes as they relate to water pollution control;

  (d)   Planning, programming and financing requirements for the orderly expansion and extension of community and individual water supply, wastewater and solid waste disposal systems consistent with anticipated growth within succeeding five-, ten- and twenty-year periods;

  (e)   Local implementation of the required regulatory programs necessary to regulate discharges into the waters of the county, including those resulting from excavation and grading;

  (f)   Programs for the control of nonpoint sources of pollution, such as agricultural, silvicultural discharges and landfill discharges;

  (g)   Identification and control of construction related sources of pollution.

  The county executive is authorized to use such county resources as are available to him through approved appropriations and any supplementary funds made available by the water resources planning board to undertake the activities noted above and to assign such county personnel to work with the staff of the water resources planning board as he deems appropriate and desirable, consistent with other legal responsibilities under state or local law.

**Sec. 45-36. Status of sewerage or water related programs or projects with prior approval.**

  Sewerage or water related programs or projects duly approved by the county council prior to the effective date of any approved areawide water resources plan prepared under these procedures shall continue in force and effect.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 46. Slaughterhouses.

### Article I. In General.

**Sec. 46-1. Definitions.**

  For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

  Department: The Department of Health and Human Services.

  Director: The Director of the Department of Health and Human Services.

  Slaughterhouse: Any building, place or establishment where poultry or domestic animals, including rabbits, are slaughtered, or where the unprocessed edible parts of the carcasses of the same are rendered or processed. Such term shall also include the yards and pens appurtenant to, or used in connection with, any such building, place or establishment. Such term does not include any building, place or establishment in which a farmer carries on the activities described herein on a farm.

**Sec. 46-2. Enforcement of chapter.**

  The director is hereby authorized to administer and enforce the provisions of this chapter. For the purpose of enforcing the same, the officers and employees of the department and the director shall have the right to enter and inspect at any time during business hours any building, structure or premises used as a slaughterhouse.

**Sec. 46-3. Licenses-Requirements generally.**

  (a)   No person shall operate a slaughterhouse in the county without a license therefor issued by the department. Each license shall be valid for the period of one (1) year from the date of issuance and may be renewed for a like period. The license fee shall be fifty dollars ($50.00) per year, such fee being intended to cover the cost of administration and enforcement of this chapter.

  (b)   No slaughterhouse license shall be issued or renewed hereunder in violation of the provisions of chapter 59 of this Code. Nor shall any such license be issued or renewed unless all buildings and pens used and to be used in connection with the slaughterhouse are set back a minimum of sixty (60) feet from the nearest property line and a minimum of sixty (60) feet from any public road; provided, that this restriction shall not apply to slaughterhouses in operation on November 25, 1954. Nor shall any such license be issued or renewed unless and until the department shall have received a certificate, signed by the director, stating that the slaughterhouse is in compliance with the health standards and regulations hereinafter set forth; except, that establishments in existence on November 25, 1954, are only required to substantially comply with sections 46-8 and 46-9, but such establishments shall fully comply with all other provisions of this chapter. No slaughterhouse which is in contravention of the requirements of this chapter shall be reestablished except in compliance with this chapter, if it is abandoned or if it is destroyed or seriously damaged by fire, flood or similar cause. A slaughterhouse shall be deemed to be "abandoned" if it shall cease operations for a period of eight (8) months or more, and a slaughterhouse shall be deemed to be "seriously damaged" if the value of its buildings is diminished by fifty (50) percent or more.

**Sec. 46-4. Same-Denial and revocation.**

  If a certificate of compliance from the director required by section 46-3 is not filed with the director or if it is revoked or canceled, a certificate previously issued or if the director finds that a particular slaughterhouse is not or is no longer in compliance with the provisions of this chapter, then the director shall refuse to issue a license to such slaughterhouse or shall refuse to renew the same or shall revoke the same, as the case may be; provided, that the director shall first give the applicant or licensee an opportunity for hearing upon not less than ten (10) days' notice, at which the applicant or licensee shall have the opportunity to show cause why his application or license should not be denied, canceled or revoked. If the applicant or licensee shall fail to appear at the time and lace set for the hearing, the director shall refuse to issue or renew the license or shall revoke the same, as the case may be. All action taken by the director pursuant to this section shall be by written notice sent by registered mail to the applicant or licensee at his last-known address as the same appears in the records of the director.

**Sec. 46-5. Inspections; procedure upon noncompliance with health standards and regulations.**

  (a)   The director shall inspect each licensed slaughterhouse in the county as often as he deems necessary; provided, that the director shall also make inspections upon the written request of an applicant for a license.

  (b)   If the slaughterhouse is one for which there is a certificate of compliance outstanding and the director finds that it is no longer in compliance with the health standards and regulations, he shall give written notice by registered mail of such noncompliance and allow the operators of such slaughterhouse a reasonable time, which is his discretion he believes sufficient, to take the necessary corrective measures. Upon failure to comply with such notice, the director shall cancel such certificate.

**Sec. 46-6. Appeals from action of director.**

  Any person aggrieved by the action of the director taken under section 46-5 may appeal to the county board of appeals. Such appeal may be taken by filing a written request with the county board of appeals within thirty (30) days after posting of notice of the director's action. Within thirty (30) days thereafter, the county board of appeals shall hold a hearing thereon and shall give due notice of such hearing to interested parties. As soon thereafter as practicable, the county board of appeals shall either affirm, rescind or modify the action of the director. All actions, decisions and determinations of the director or the county board of appeals shall be made and taken only in accordance with the provisions of this chapter and other applicable laws, ordinances and regulations.

**Sec. 46-7. Penalty for violations of chapter; injunctive, etc., relief.**

  Any person who violates any provision of this chapter shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day of violation shall be deemed a separate offense.

### Article II. Health Standards and Regulations.

**Sec. 46-8. Construction requirements for buildings generally.**

  All slaughterhouses shall be located on a well-drained site. All pens, coops and hutches shall be well drained so as to prevent standing pools of water. All floor areas shall be constructed of or covered with smooth concrete, tile or other impervious material and the floor material shall extend up to at least six (6) inches onto the walls. All floors shall be sloped to drain effectively. All walls and ceilings shall be covered with smooth, washable, nonabsorbent material, free from cracks, crevices and open joints.

**Sec. 46-9. Room conditions and facilities.**

  Rooms in slaughterhouses for killing and dressing shall be separated by partitions from other parts of the building. Every room, except refrigeration and cold storage rooms, shall have adequate hand-washing facilities. All rooms shall be well ventilated and shall be kept free from excessive odors and condensation. All rooms shall be lighted so as to provide adequate illumination at all working surfaces. All killing rooms shall have available hot and cold water under pressure.

**Sec. 46-10. Refrigeration.**

  Every slaughterhouse shall be provided with chilling and cold storage facilities of such capacity so that no meat will be required to be held without refrigeration for a longer period than four (4) hours. Refrigeration equipment shall be of such capacity as to maintain a uniform temperature no higher than forty-five (45) degrees Fahrenheit. All refrigeration chambers shall be provided with an indicating thermometer, and if products are kept over forty-eight (48) hours, a recording thermometer shall be provided. Charts from such recording thermometers shall be retained for six (6) months. There shall be no floor drains in refrigeration chambers.

**Sec. 46-11. Pest control.**

  All new buildings in which slaughterhouses are located shall be of rat-proof construction, and all buildings existing on November 25, 1954 shall be rat-proof insofar as practicable. All windows and doors shall be effectively screened or otherwise protected against the entrance of flies and other insects.

**Sec. 46-12. Water and sewage.**

  Slaughterhouses shall be required to comply with applicable laws and regulations with respect to water and sewage. Blood shall be diverted from the sewer system.

**Sec. 46-13. Equipment and utensils.**

  Equipment and utensils used for preparing, processing and otherwise handling any meat or meat products in slaughterhouses shall be of such material and of such construction as can be readily and thoroughly cleaned. All utensils and equipment used in the slaughtering, preparing, processing or packing of meat and meat products shall be thoroughly cleaned and shall be treated with an approved bactericidal process daily.

**Sec. 46-14. Sanitary requirements for employees.**

  Aprons, smocks and other outer clothing worn by persons who handle any meat or meat products in slaughterhouses shall be of a material that is readily cleaned, and only clean garments shall be worn. No person who has an infected wound or who has any communicable disease shall handle any meat or meat product. Every person connected with a slaughtering establishment shall furnish such information, permit such physical examination or X-rays and submit such laboratory specimens as the health officer may require for the purpose of determining freedom from infections.

**Sec. 46-15. Waste disposal containers.**

  There shall be available sufficient watertight, nonabsorbent and insect- and rodent-proof containers equipped with tight covers to store blood, offal and nonedible portions of the slaughtered poultry and animals. The containers shall be stored high enough above the ground or floor to permit cleaning under such containers, and their contents shall be transported to a rendering plant or buried daily. The containers shall be washed and rinsed after emptying.

**Sec. 46-16. Removal of sweepings and absorbent compounds; cleaning of holding pens, coops and hutches; manure removal.**

  Sweepings and absorbent compounds shall be removed from the floor of slaughterhouses daily when in use. All holding pens, coops and hutches shall be cleaned daily when in use and manure stored in a watertight and flytight container or spread on fields. All manure shall be removed at least every four (4) days.

**Sec. 46-17. Rooms to be kept free from flies, roaches, rodents, etc.; restrictions on use of poisons.**

  The rooms of the slaughterhouses shall be kept free of flies, roaches, rodents and other vermin. The use of poisons for any purpose in rooms or compartments where any unpacked meat or meat products are handled shall be permitted only under supervision of the director.

**Sec. 46-18. Diseased or emaciated animals.**

  No visibly diseased or unduly emaciated animal shall be slaughtered in any slaughterhouse where animals are slaughtered, processed, cured, smoked or rendered for human consumption. If the director of the department of health believes an animal to be diseased or unduly emaciated, he may order the animal to be withheld from slaughtering until the licensee submits a written report signed by a licensed veterinarian to the director of the department of health stating that the animal is fit for human consumption.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 47. Vendors.

**Sec. 47-1. Definitions.**

  In this Chapter, the following words have the meanings indicated:

  Director means the Director of the Department of Permitting Services or the Director’s designee.

  Food service truck means a temporary food service facility, licensed under Chapter 15, operating from a self-propelled motorized vehicle that is parked or temporarily located where food items are sold from the truck to the general public.

  Vendor means any person who sells, offers to sell, or solicits orders for any goods (including perishable foods) or services:

  (1)   on any public street, sidewalk, or other public property or right-of-way;

  (2)   door-to-door in a vehicle or on foot;

  (3)   from a vehicle, or temporary stand or structure, that is parked or otherwise temporarily located while goods are sold or services dispensed; or

  (4)   from a pushcart or other slow-moving vehicle.

  Vendor does not include a person who:

  (1)   is invited to a residence or business by prior appointment with an owner or legal occupant of the premises to provide goods or services to the owner or legal occupant;

  (2)   takes orders solely for the delivery of newspapers, or supplies or sells newspapers through newsracks;

  (3)   is 16 years old or younger if the minor:

    (A)   is under the direct supervision of a vendor licensed under this Chapter; and

    (B)   complies with the non-licensing provisions of this Chapter;

  (4)   sells or solicits orders for goods or services to businesses for use in the business or for resale;

  (5)   is a participant in not more than 4 “garage” type sales in a calendar year;

  (6)   sells or offers to sell goods or services at an agricultural fair, craft or antique show, trade show, or similar exhibition if the sponsor of the show is licensed under this Chapter;

  (7)   represents a:

    (A)   charitable organization as defined in State law (Business Regulation Article, Section 6-101);

    (B)   state or local government agency; or

    (C)   franchisee under Chapter 8A; or

  (8)   is participating in a government-sponsored or sanctioned program or event.

**Sec. 47-2. Hours and places of operation.**

  (a)    Unless otherwise permitted by law, a person must not sell or offer to sell any goods or services on any public sidewalk or the right-of-way of any public road.

  (b)   The Director may issue licenses for a limited number of stationary or slow-moving pushcarts or similar vehicles, not larger than a size set by regulation, from which a licensee may sell goods on designated sidewalks or rights-of-way in a Central Business District planning policy area (as defined in the County Growth Policy).  The Director by regulation under method (2) must limit the number of vehicles licensed in each Central Business District and the number of licensees who can sell any particular type of goods.  If more persons apply for any category of licenses under this subsection than the number available, the Director must first consider renewing each previous licensee and then conduct a lottery among qualified applicants for the remaining licenses.  A licensee under this subsection may locate on a public right-of-way only if the Director of Transportation concurs that the licensee’s operation at that location will not unduly affect vehicular or pedestrian safety.

  (c)   A vendor who is a certified producer under standards set by regulation under method (2) may sell fresh produce on the right-of-way of any public road in locations and at times of the day that will not affect public safety. In this Section, "fresh produce" means:

    (1)   regionally grown fresh fruit, vegetables, herbs, cut flowers, small trees, and plants; and

    (2)   non-potentially hazardous prepackaged goods and eggs approved by the Department of Health and Human Services.

  (d)   Except for a prearranged appointment or with the Director’s approval, a vendor other than a vendor operating a food service truck must not conduct business before 9 a.m. nor after sunset. In this Section, “sunset” means the time established by the U.S. Naval Observatory for Washington D.C. and vicinity.

  (e)   A vendor operating a food service truck must not conduct business before 5 a.m. nor after 10 p.m.

  (f)   Unless permitted by the Director and the school principal for a special event, a vendor must not sell or offer to sell any item on a public road or right-of-way within 500 feet of any public or private elementary or secondary school.

**Sec. 47-3. License required.**

  Any vendor must obtain a license from the Director by:

  (a)   completing a form supplied by the Director;

  (b)   providing written permission from the owner or owner's agent of any private property on which a vendor will be temporarily located while goods are sold or services dispensed;

  (c)   filing a surety bond if required by the Director in an amount and with terms as provided in regulation under method (2); and

  (d)   paying a fee in an amount set by regulation under method (2) sufficient to offset the cost of enforcing and administering this Chapter.

**Sec. 47-4. License issuance.**

  The Director must issue a one-year license to an applicant who has complied with all application requirements and paid all applicable fees. The Director may limit any license to vend in the public right-of-way or on private property in any manner provided under law or regulation.

**Sec. 47-5. License display.**

  (a)   A vendor must display a current license and other documents required by the Director prominently:

    (1)   at each vending location;

    (2)   on any vehicle used in vending; or

    (3)   on the vendor's person while engaged in any vending activity.

  (b)   A person must not:

    (1)   make any unauthorized use of a vendor's license; or

    (2)   commit any fraud or misrepresentation involving use of the license.

**Sec. 47-6. License non-issuance, revocation, or suspension.**

  (a)   The Director may revoke or suspend, or refuse to issue or renew, a license for any violation of this Chapter or any other applicable law or regulation.  Before taking any action under this subsection, the Director must:

    (1)   notify the licensee in writing as required by subsection (c); and

    (2)   give the licensee a reasonable opportunity to respond.

  (b)    The Director may summarily revoke or suspend a license after finding that the licensee:

    (1)   has knowingly misstated or omitted a material fact from the submitted application;

    (2)   has had a business or occupational license or permit revoked or suspended;

    (3)   is not of good moral character, as evidenced by a conviction of a crime involving violence, sex offense, theft, fraud, or controlled dangerous substances, unless the person's conduct since the conviction shows that the public safety is unlikely to be jeopardized; or

    (4)   has refused to leave any premises when lawfully directed by an owner, occupant, or authorized government official to do so.

  (c)    The Director must provide written notice to the applicant or licensee of any action taken or proposed to be taken under subsection (a) or (b). The notice must:

    (1)   state the:

      (A)   reasons for the action; and

      (B)   recipient's right to appeal to the Board of Appeals; and

    (2)   be delivered:

      (A)   personally to the applicant or licensee; or

      (B)   sent by certified mail to the local address in the license application.

  (d)    The Director may suspend a license for up to 90 days.

  (e)    The licensee must promptly return a revoked or suspended license, including any badge, to the Director. If the licensee does not return the license, the Police Department may confiscate the license while any appeal is pending.

**Sec. 47-7. Appeals.**

  (a)   A person aggrieved by an action of the Director under Section 47-6 may appeal to the Board of Appeals within 10 days after the date of notice of the Director's action under Section 47-6.

  (b)   The filing of an appeal stays any license suspension, but does not stay a license denial or revocation unless the Board of Appeals grants a stay.

  (c)   The Board of Appeals may affirm, modify, or reverse the decision of the Director.

**Sec. 47-8. Penalty.**

  Any violation of this Chapter is a class A violation.

**Sec. 47-9. Enforcement; removal of illegally sold goods.**

  (a)   The Department of Permitting Services, the Police Department, and any other agency of County government designated by the Chief Administrative Officer, may enforce this Chapter.

  (b)   If, after receiving a warning from an enforcement agency, a person continues to sell or offer to sell any goods in violation of this Chapter, the enforcing agency may seize the goods and take them to a designated County storage facility.  When giving a warning under this Section, an enforcing agent may require the recipient of the warning to furnish adequate personal identification.  When seizing any goods, the enforcing agent must inform the holder of the goods how, where, and when the goods can be claimed.

  (c)   The owner of any goods seized under this Section may claim them within 3 days if the goods are perishable, and within 15 days if the goods are not perishable, by:

    (1)   furnishing proof of ownership of the goods to the enforcing agency at the storage facility, and

    (2)   paying a storage fee set by regulation under method (3) in an amount sufficient to reimburse the cost to the County of handling, transporting, and storing the goods.

  (d)   Alternatively, the County must return the goods without payment of a storage fee if the owner, during the time period provided in subsection (c), furnishes proof of ownership of the goods and shows that:

    (1)   the goods were properly offered for sale at the site where they were seized; and

    (2)   when the goods were seized the owner held a valid license to sell the goods under this Chapter.

  (e)   However, the County may retain the goods if they will be needed as evidence in any hearing on an alleged violation of this Chapter involving the sale or attempted sale of the goods.  In that case, the owner may reclaim the seized goods by paying the maximum fine which applies to the alleged violation and any storage fee due.

  (f)   Until goods seized under this Section are claimed by their owner, the County must take reasonable care to protect the goods and keep them in the same condition as they were when seized.  However, the County is not responsible for spoilage of any perishable goods.

  (g)   If goods seized under this Section are not claimed under subsection (c) or returned under subsection (d), the goods have been abandoned and the County may:

    (1)   sell them to any government agency or private party through an informal process specified by regulation under method (2);

    (2)   donate the goods to any charitable organization; or

    (3)   destroy the goods in any lawful manner.

  (h)   The owner of any goods seized under this Section must not attempt to collect any payment for the goods from the person from whom the goods were seized unless the owner had, before the goods were seized, reported the goods as stolen to any law enforcement agency.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 48. Solid Waste (Trash).

### Article I. In General.

**Sec. 48-1. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  Base solid waste management services means those solid waste management services that benefit all generators of solid waste and all persons who collect, store, transport, or otherwise handle solid waste.

  Base systems benefits charge means the portion of the systems benefit charge which covers all or a portion of the costs of base solid waste management services.

  Bi-county unit means:

    (1)   the Maryland-National Capital Park and Planning Commission; or

    (2)   the Washington Suburban Sanitary Commission.

  Collection contractor means a private company under contract with the County to provide solid waste collection services to dwelling units with less than seven units within the Solid Waste Collection Districts.

  Collector means any person who contracts to collect and provide services for collection and/or transporting the solid waste of others to its disposal site.

  Commercial gain means compensation in money, services, or other consideration.

  Department: The Department of Environmental Protection.

  Director means the Director of the Department of Environmental Protection, or the Director’s designee.

  Director of Finance means the Director of Finance or the Director’s designee.

  Disposal refuse means all solid waste which is acceptable for disposal, as designated in executive regulations adopted by the County Executive pursuant to Section 48-6 of this Chapter, which is delivered to a County solid waste acceptable facility for disposal by the County.

  Dumpster means a container for solid waste collection or storage with a volume at least 90 gallons or one-half cubic yard.

  Dwelling unit means a building or part thereof arranged or designed for occupancy by not more than one family for living purposes and having cooking facilities.

  Garbage means all organic waste materials resulting from the preparation, cooking, handling or storage of food.

  Generator means the owner or occupant of any dwelling unit where solid waste is generated, and the owner or occupant of any other business, entity or institution at, from, or by which solid waste is generated.

  Hauler means any person operating a commercial business or engaged in any enterprise regularly generating solid waste which requires collecting and hauling to an approved point of disposal, when such collecting and hauling is done by the person generating such material in his own vehicles or in vehicles leased for the purpose, in lieu of having a licensed collector perform this service.

  Incremental solid waste management services means those solid waste management services that benefit some but not all generators of solid waste or some but not all persons who collect, store, transport, or otherwise handle solid waste.

  Integrated solid waste management system means the County’s system of managing solid waste as that system is revised from time to time in the County’s Comprehensive Solid Waste Management Plan.  The system may include all aspects of solid waste management and handling, including any waste reduction program, recycling program or facility, disposal program or facility, and any other program related to the collection, management and disposal of solid waste.

  Incremental systems benefit charge means the portion of the systems benefit charge which covers all or a portion of the costs of incremental solid waste management services.

  Medical waste means waste, sometimes classified as “special,” “hazardous,” “contaminated,” “infectious,” etc., including utensils, bandages, containers or any other material issuing from all human patient care, diagnosis and surgical areas; animal bedding and feces; disposable laboratory equipment, and their contents; materials resulting from and/or exposed to infectious animal care and laboratory procedures; all disposable needles and syringes; all other disposable materials from out-patient areas for human and animal patients, where presence of pathogenic organisms are diagnosed or suspected.

  Medical/pathological waste generator means any hospital, laboratory, clinic, institution, medical building, physicians’s office or any other point of origin where medical/pathological wastes are produced.

  Medical/pathological waste incinerator means any incinerator located on the premises of a medical/pathological waste generator which is designed and constructed to be used exclusively for the disposal of medical and/or pathological wastes.

  Motor vehicle administration means the motor vehicle administration, Department of Transportation, for the State of Maryland.

  Pathological waste means waste, some of which may be considered infectious, including human or animal organs or body parts, carcasses and similar organic waste from hospitals, laboratories, animal pounds, slaughterhouses or other similar sources.

  Person means the County or any agency or institution thereof, public or private corporation, individual, partnership or other entity, including any officer or governing or managing body of any public or private corporation.

  Public or private property means:

    (1)   the right-of-way of a road or highway;

    (2)   a body of water or watercourse or the shores or beaches of a body of water or watercourse;

    (3)   a park;

    (4)   a parking facility;

    (5)   a playground;

    (6)   public service company property or transmission line right-of-way;

    (7)   a building;

    (8)   a refuge or conservation or recreation area;

    (9)   residential, commercial, industrial, or farm property; or

    (10)   timberlands or a forest.

  Slant-sided refuse container means a metal receptacle with a top surface area greater than the bottom surface area and having an internal volume greater than one cubic yard which temporarily receives and holds refuse for ultimate disposal either by unloading into the body or loading hopper of a refuse collection vehicle or by other means.

  Sludge means residual materials, usually in a highly concentrated form, which result from the treatment of sewage and/or water, including industrial and domestic wastewater; such residue may include but is not limited to digested, undigested, dewatered and underwatered residuals.

  Solid waste means all waste materials and debris, including any garbage, sludge, medical/pathological waste, debris from building construction, ashes, junk, industrial waste, deal animal, salvable waste, deal or felled tree, uprooted tree stump, slash, tree limb, bush, plant, leaves, grass, garden trimmings, street refuse, abandoned vehicle, machinery, bottle, can, waste paper, cardboard, sawdust and slash from sawmill operations, and any other waste materials.  Solid waste also includes any automobile, truck, box, container, tire, appliance, furniture, or recreational equipment that is in a state of disrepair or disfunction, unless the items is awaiting removal or being repaired or renovated for the personal use of the owner or occupant and the repair, renovation or removal is completed within 30 days.  Solid waste also includes any recyclable solid waste.

  Solid waste acceptance facility means any state-approved sanitary landfill, central processing facility, transfer station, medical/pathological waste incinerator or any other type of plant the primary purpose of which is for the disposal, treatment or processing of solid waste.

  Solid waste acceptance fee means the charge established for use of the County solid waste acceptance facilities.

  Solid waste collection charge means a charge established for the service of collecting solid waste in a Solid Waste Collection District.

  Solid waste collection districts means special service districts established from time to time, consisting of certain areas of the County as defined on maps in the office of the Director, in which solid waste is collected by the County or its contractor.

  Solid waste charge means a charge established for use of County solid waste acceptance facilities for disposal, recycling, or otherwise processing or handling of solid waste.

  Solid waste management district means a special service district consisting of all of Montgomery County.

  Solid waste management service means any service provided by or on behalf of the County to plan, implement, or administer any part of an integrated solid waste management system.

  Systems benefit charge means an annual service charge reflecting all or a portion of the cost to the County of providing base and incremental solid waste management services.

  Tax bill means the real property tax bill prepared by the Director of Finance as collector of State and County taxes and sent to all persons against whom State and County real property taxes are assessed.

**Sec. 48-2. Applicability of chapter.**

  This chapter does not apply:

  (a)   To solid waste collected on federal reservations and not disposed of in the county.

  (b)   To the facilities of the Washington Suburban Sanitary Commission.

**Sec. 48-3. Administration of chapter.**

  (a)    The Director of Environmental Protection must administer this Chapter.

  (b)    The Director may waive any requirement of this Chapter when:

    (1)   practical difficulties, undue hardships or other good cause prevents any person from carrying out this Chapter; and

    (2)   the waiver is not contrary to the spirit and intent of this Chapter and other applicable law, and does not materially impair the public welfare and safety.

  (c)   Any aggrieved party may appeal the grant or denial of a waiver to the County Board of Appeals under Section 48-28.

  Sec. 2. All duties and authority involving solid waste assigned by the County's Comprehensive Solid Waste Management Plan to the Department of Environmental Protection and the Director of that Department are reassigned to the Department of Transportation and the Director of that Department respectively. Any reference in that Plan to the Department of Environmental Protection and the Director of that Department must be treated as referring to the Department of Transportation and the Director of that Department respectively.

  Sec. 3. Any regulation in effect on July 1, 1995, which implements a function transferred to the Department of Transportation under Chapter 48, as amended by Section 1 of 1995 LMC Ch. 17 continues in effect, but any reference in that regulation to the Department of Environmental Protection must be treated as referring to the Department of Transportation. The transfer of a function under 1995 LMC Ch. 17 does not affect the rights of a party to any legal proceeding begun before 1995 LMC Ch. 17 took effect.

**Sec. 48-4. Authority of council to regulate and control collection of solid waste.**

  The council is authorized to regulate and control the collection of solid waste in any part of the county.

**Sec. 48-5. Permit required to collect or dispose of solid wastes.**

  A person must not engage in the business of collecting or disposing of solid waste in the county unless that person obtains a permit from the county for collection and a permit from the Maryland Department of the Environment for disposal.

**Sec. 48-6. Regulations for collection or disposal.**

  Collection or disposal of solid waste shall be in accordance with such regulations, which may include the imposition of reasonable fees to cover the cost of inspection and licensing, as the county executive shall, from time to time, adopt under method (2) of section 2A-15 of this Code; provided, that no incorporated town or special taxing area shall be required to pay any fees for inspection and licensing.

**Sec. 48-7. Reserved.**

**Sec. 48-8. Authority to establish service districts and disposal facilities.**

  (a)   The county may:

    (1)   Establish and maintain such service districts and solid waste disposal or acceptance facilities as are necessary or desirable for the management of solid waste and fix charges for such services. The county may establish and administer special service charge areas, known as the solid waste collection districts and a solid waste management district. All service charges imposed on property within the solid waste collection districts and the solid waste management district may be collected as taxes on real property are collected. Upon default in the payment of any service charge, the property against which such service charge has been made may be sold at tax sale in the same manner as real property is sold for nonpayment of taxes.

    (2)   License or contract with a contractor to collect and dispose of solid waste under such regulations as to charges and methods as it deems advisable.

    (3)   Contract for the construction or operation or both of solid waste acceptance facilities, to be paid for from charges or otherwise, and to become the property of the county after such period and upon such terms as it may prescribe.

  (b)   Where the county or its collection contractor is providing solid waste collection service in any area of the county, no other collector shall collect recyclable solid waste which has been put out to be collected by the county or its contractor.

**Sec. 48-8A. Establishment of solid waste management district; systems benefit charge.**

  (a)   Establishment of district. A solid waste management district is hereby established. The County must provide base and incremental solid waste management services in the solid waste management district. The County may charge for the services by collecting a systems benefit charge or a solid waste charge, or both. The solid waste charge may be collected at a County solid waste acceptance facility. The systems benefit charge may be collected as provided in this Section.

  (b)   Systems benefit charge imposed.

    (1)   General. The systems benefit charge must reflect as closely as possible the actual cost, or an allocable portion of the cost, to the County of providing base and incremental solid waste management services. The Council must annually by resolution set the rates for the residential and nonresidential systems benefit charges under Section 48-31. The Council may modify the rates by resolution when necessary to assure the solvency of the integrated solid waste management system. The charge may include all or part of:

      (A)   any costs of services provided on a one-time basis or an ongoing basis, and

      (B)   ongoing costs of services provided to the County before December 1, 1992.

    (2)   Residential systems benefit charges.

      (A)   Base charge. The owner of each dwelling unit in the solid waste management district must be charged a base systems benefit charge. The base systems benefit charge must be calculated by multiplying the amount of solid waste estimated to be generated annually at a dwelling unit by the base systems benefit charge rate. The County Executive must establish by regulation the estimate of amount of solid waste generated per dwelling unit. The estimate may consider the size of the dwelling unit.

      (B)   Incremental charge. The owner of each dwelling unit in the solid waste management district may be charged an incremental systems benefit charge, which must reflect incremental solid waste management services provided to a dwelling unit or class of dwelling units. The incremental systems benefit charge must be calculated by multiplying the amount of solid waste estimated to be generated annually at a dwelling unit by the incremental systems benefit charge rate.

      (C)   Collection. The Director of Finance may collect the residential systems benefit charge in the manner in which taxes on real property are collected. If the residential systems benefit charge or any portion of it is not paid when due, the property for which the charge has been made may be sold at tax sale in the same manner as real property is sold for nonpayment of taxes. The County may also bring suit against the property owner for any unpaid residential systems benefit charge.

      (D)   Variable rate systems benefit charge. The residential systems benefit charge may, in whole or in part, be structured as a variable rate charge. The County Executive may by regulation under method 2 adopt a means of calculating and collecting a partial or total variable rate systems benefit charge. The regulation may require that:

        (i)   only properly identified solid waste bags may be accepted at County solid waste acceptance facilities; or

        (ii)   bags or identification tags must be purchased from the County.

      (E)   Waiver. An owner of a multifamily dwelling with 7 or more dwelling units may be granted a waiver of the residential systems benefit charge if the owner has paid the applicable nonresidential systems benefit charge. A request for a waiver must be sent to the Director by registered or certified mail, return receipt requested. A waiver is only valid during the period for which the nonresidential charge has been paid. Waivers must be prorated. The Director's decision may be appealed only to the Circuit Court under the rules for appeals of agency decisions.

    (3)   Nonresidential systems benefit charge.

      (A)   Charge. Each owner of a dumpster used in the County must register the dumpster under this Section and must, at the time of registration, pay a systems benefit charge. The systems benefit charge must be calculated by multiplying both the base systems benefit charge rate and the incremental systems benefit charge rate, if applicable, by the weight capacity of the dumpster and then adding the 2 products together. The County Executive must establish by regulation a method of calculating the weight capacity of a dumpster from its volume capacity.

      (B)   Registration. The owner of any dumpster used in the County must register the dumpster with the Department annually in accordance with regulations adopted under Method 2. Each dumpster must be watertight and leakproof and must display a current registration medallion at all times. Each dumpster must display the name of the owner of the dumpster, in lettering that is not less than 3 inches high, in permanent paint or decals on one side of the dumpster which is exposed to public view. A generator must not use a dumpster which has not been registered under this Section or which does not display a current registration medallion.

      (C)   Violations. The owner of a dumpster that is not properly registered and any generator who uses a dumpster that is not properly registered are jointly and severally liable to the County for payment of any unpaid nonresidential systems benefit charges. Failure to register a dumpster, display the name of the owner or a current registration medallion, or pay a nonresidential systems benefit charge is a class A violation.

      (D)   Payment. Any person may pay the nonresidential systems benefit charge in quarterly installments. The first installment must be paid when the dumpster is registered. The balance must be paid in 3 equal installments by the first day of the third, sixth, and ninth months after the dumpster is registered. If a dumpster is removed from service in the County and the owner surrenders its current registration, the owner need not pay any remaining balance of the charge.

      (E)   Alternatives. As an alternative to a nonresidential systems benefit charge based on dumpster capacity, as provided in subparagraphs (A)-(D), the County Executive may, by regulation adopted under method (2), establish and collect from any generator and any person who collects, stores, transports, or otherwise handles solid waste a nonresidential systems benefit charge that is based on another reasonable measurement of need for and use of solid waste management services. A reasonable unit of measurement under this subparagraph may include one or more of the following:

        (i)   the gross floor area of a nonresidential building;

        (ii)   the number of employees located at a nonresidential building or group of buildings, or the average number of customers, patients, or visitors at a building or group of buildings;

        (iii)   reasonable estimates of the amount of solid waste produced annually at buildings of a similar type or similar land uses.

**Sec. 48-9. Disposal sites generally.**

  It shall be unlawful for any person to establish, operate or maintain a solid waste acceptance facility within the county, or to permit an accumulation of solid waste to remain on his property, except as provided in this chapter.

  Any method of solid waste disposal not covered by this chapter nor specifically prohibited by it shall be utilized only after review and specific written approval by the director in each case.

**Sec. 48-10. Deposit at other than approved place prohibited.**

  It shall be unlawful for any person to dispose of, dump, deposit or leave any solid waste within the county, on public or private property, except at a solid waste acceptance facility approved under this chapter, provided that, with the written permission of the owner, clean fill may be deposited upon private property.

**Sec. 48-11. Unlawful disposal of garbage or solid waste.**

  (a)   Prohibited conduct.  A person must not:

    (1)   dispose of garbage or other solid waste on a highway or violate State vehicle laws regarding disposal of litter, glass, and other prohibited substances on highways; or

    (2)   dispose of, or cause or allow the disposal of, garbage or other solid waste on public or private property unless:

      (i)   the property is designated by the State, a unit of the State, or a political subdivision of the State for the disposal of garbage or other solid waste and the person is authorized by the proper public authority to use the property; or

      (ii)   the garbage or other solid waste is placed into a garbage or solid waste receptacle or container on the property.

  (b)   Presumption of responsibility.

    (1)   If two or more individuals occupy a vehicle from which garbage or other solid waste is disposed in violation of subsection (a), and it cannot be determined which occupant is the violator:

      (A)   if present the owner of the vehicle is presumed to be responsible for the violation; or

      (B)   if the owner of the vehicle is not present, the operator is presumed to be responsible for the violation.

    (2)   If the occupants of a vehicle from which garbage or other solid waste is disposed in violation of subsection cannot be determined, the owner of the vehicle is presumed to be responsible for the violation.

  (c)   Property owner not in court.  Notwithstanding any other law, if the facts of a case in which a person is charged with violating this Section are sufficient to prove that the person is responsible for the violation, the owner of the property on which the violation allegedly occurred need not be present at a court proceeding regarding the case.

  (d)   Penalty.  A person who violates this Section is subject to the following penalties:

    (1)   a maximum civil fine of $500 for a first offense, and $1,000 for subsequent offenses; or

    (2)   a criminal penalty as follows:

      (A)   A person who disposes of garbage or other solid waste in violation of this Section in an amount not exceeding 100 pounds or 27 cubic feet and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $1,500 or both.

      (B)   A person who disposes of garbage or other solid waste in violation of this Section in an amount exceeding 100 pounds or 27 cubic feet, but not exceeding 500 pounds or 216 cubic feet, and not for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $12,500 or both.

      (C)   A person who disposes of garbage or other solid waste in violation of this Section in an amount exceeding 500 pounds or 216 cubic feet or in any amount for commercial gain is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding five years or a fine not exceeding $30,000 or both.

    (3)   In addition to the penalties provided under paragraphs (1) and (2) of this subsection, a court may order the violator to:

      (A)   remove the garbage or other solid waste disposed of in violation of this Section;

      (B)   repair or restore any property damaged by, or pay damages for, the disposal of the garbage or other solid waste in violation of this Section;

      (C)   perform public service relating to the removal of garbage or other solid waste disposed of in violation of this Section or to the restoration of an area polluted by garbage or other solid waste disposed of in violation of this Section; or

      (D)   reimburse the State, the County, or a municipal corporation or bi-county unit for its costs incurred in removing the garbage or other solid waste disposed of in violation of this Section.

  (e)   Nothing in this Section authorizes a person to deposit or dispose of garbage or other solid waste in another’s container without written consent or personal direction required under Section 48-11A.

**Sec. 48-11A. Disposal of garbage or solid waste in another’s container.**

  A person must not dispose of garbage or solid waste in an approved container for storage of solid waste owned, rented by or maintained by another without first obtaining written consent from the owner or rightfully intended user, or under the personal direction of the owner or rightfully intended user.

**Sec. 48-12. Feeding of garbage to swine.**

  It shall be unlawful for any person to dispose of garbage within the county by feeding the same to swine; provided, that any person may feed garbage produced on his own property to swine owned by him and raised for his individual consumption.

**Secs. 48-13-48-15. Reserved.**

**Sec. 48-16. On-site disposal by burial.**

  On-site disposal of solid waste by burial in a pit or trench shall be permissible for camps and other seasonally used places or farms. The depth of the trench shall be sufficient to provide a minimum of eight (8) inches of dirt cover.

**Sec. 48-17. Disposal by use of compost piles.**

  The use of compost piles for the disposal of garbage is permitted only when the pile is completely rodentproofed. Compost piles consisting entirely of leaves and dirt do not require rodentproofing.

**Sec. 48-17B. Strategic Plan to Advance Composting, Compost Use and Food Waste Diversion in Montgomery County.**

  (a)   Legislative findings. The County Council finds that:

    (1)   the County’s general goal of solid waste management establishes waste reduction as the most preferred management technique, followed by reuse, composting and recycling, then incineration with energy recovery, and, least preferred, landfilling;

    (2)   food waste represents a significant percentage of the County’s solid waste stream;

    (3)   educating food producers can reduce the generation of excess food that would enter the solid waste stream;

    (4)   giving food that would otherwise be wasted to organizations that serve people in need is a means to reuse excess food;

    (5)   composting, a means promoting the biological decomposition of organic material such as food waste into a stable, humus-like product, is a first step in the recycling of food waste;

    (6)   the use of compost has been demonstrated to benefit soil health by:

      (A)   suppressing plant diseases and pests;

      (B)   reducing or eliminating the need for chemical fertilizers;

      (C)   promoting higher yields of agricultural crops; and

      (D)   improving soil structure;

    (7)   compost use is a valuable tool in stormwater management that can lower runoff volume due to improved water holding capacity, healthy vegetation/biomass, and increased infiltration; and

    (8)   reducing excess food generation, reusing food that would otherwise be wasted, and increasing the amount of food and other compostable waste that is composted will help the County meet its goal of recycling 70% of the solid waste stream generated in the County.

  (b)   Strategic Plan required. The Director must develop a Strategic Plan to Advance Composting, Compost Use and Food Waste Diversion in Montgomery County by January 1, 2018. The Strategic Plan must identify:

    (1)   legislative changes, including but not limited to amendments to this Chapter, necessary to reduce food waste and promote composting;

    (2)   County policies and initiatives to reduce food waste and promote and support composting in the county;

    (3)   models and best practices used by other jurisdictions;

    (4)   metrics for assessing and increasing food waste diversion, composting, and compost use;

    (5)   goals for achieving certain levels of food waste diversion and dates for achieving those goals;

    (6)   challenges to achieving the goals and means of overcoming these challenges;

    (7)   potential sites for food waste composting operations;

    (8)   environmental and public health benefits of composting and food waste diversion; and

    (9)   cost estimates and potential economic and environmental benefits of implementing the Strategic Plan.

  (c)   Considerations. The Strategic Plan must consider the following areas in its legislative, policy, metrics, and cost recommendations:

    (1)   home composting;

    (2)   community-scale composting;

    (3)   on-site institutional and commercial composting;

    (4)   on-farm composting;

    (5)   small-scale commercial composting facilities;

    (6)   support for existing and new composting businesses in the form of grants, loans, and land;

    (7)   models and best practices, including methods and materials, used by other jurisdictions;

    (8)   use of incentives to encourage private food waste diversion and composting;

    (9)   diversion and composting of non-food waste compostables;

    (10)   local use of compost to support soil health and the County stormwater management program;

    (11)   education and outreach to reduce food waste and promote composting; and

    (12)   strategies for maximizing the volume of compostables collected in a curbside collection program.

  (d)   Consultation with stakeholders. In developing the Strategic Plan, the Director must consult with:

    (1)   the County Division of Solid Waste Services;

    (2)   the County Department of Permitting Services, including the Land Development and Zoning and Site Plan Enforcement Divisions;

    (3)   the County Department of Health and Human Services;

    (4)   the County Department of General Services;

    (5)   Montgomery County Public Schools;

    (6)   the County Planning Department;

    (7)   the County Parks Department;

    (8)   the County Office of Agriculture;

    (9)   the County Revenue Authority;

    (10)   the Montgomery County Food Council;

    (11)   the Montgomery Countryside Alliance;

    (12)   the County Solid Waste Advisory Committee;

    (13)   the University of Maryland Extension;

    (14)   Community Food Rescue;

    (15)   the Maryland Horse Council;

    (16)   the governing bodies of all County municipalities; and

    (17)   organizations and individuals in the County involved in compost production and use and food waste diversion.

  (e)   Annual report. By July 1 each year, the Director must submit a report to the County Executive and County Council. The annual report must:

    (1)   update the food waste diversion metrics; and

    (2)   document the progress towards achieving the goals of the Strategic Plan.

**Sec. 48-18. Collectors and haulers-Generally.**

  It shall be unlawful for any person to operate as a collector or hauler of solid waste within the county except as provided in this chapter.

**Sec. 48-19. Licensing of collectors and haulers.**

  (a)   Required; application.

    (1)   Solid waste must not be collected or transported in the County except by a licensed collector or hauler.

    (2)   However, this Section does not prohibit:

      (A)   a person from transporting the person's own solid waste to an approved solid waste acceptance facility in a closed-body vehicle or a vehicle covered by a tarpaulin or canvas tightly fastened in a manner that will prevent the loss of any material being transported; or

      (B)   a licensed collector or hauler from transporting solid waste firmly sealed and secured in cardboard boxes or plastic bags to an approved solid waste acceptance facility in an open, flat-body vehicle covered by a tarpaulin or canvas which is tightly fastened in a manner that will prevent the loss of any material being transported.

    (3)   A person must not engage in the business of collecting or transporting solid waste in the County without first obtaining a license from the Director. A licensed collector or hauler must apply for renewal of the license by the last day of the month before the existing license expires, on forms furnished by the Director and must supply all information the Director requires. Any person who does not already have a valid collector's or hauler's license may apply for one at any time.

  (b)   Conditions for issuance of a collector's license. No collector's license shall be issued unless and until the applicant complies with the following conditions:

    (1)   Office, etc. Maintain an office in the County for the transaction of business, such business to include but not be limited to the receipt of complaints, the payment of bills, the maintenance of records and the answering of inquiries. Such office shall be staffed during normal business hours with an authorized agent of the applicant, registered with the Director, serviced by a business telephone and listed in a telephone directory by trade name. If the Director finds that the licensee has his principal business office outside of the County but within the metropolitan area, duplicate records need not be maintained in his County office; provided, that such records shall be made available to the Director in the County upon demand within 24 hours, or sooner if required. Any change of address, telephone number or authorized agent shall be reported immediately to the Director.

    (2)   Performance Bond.

      a.   Furnish the Director with a cash bond or corporate bond in a form satisfactory to him and approved by the County Attorney conditioned upon the faithful performance and maintenance of the conditions for issuance of the license set forth in this Chapter, in the amount of $500 for each regularly used collection vehicle excluding backup or standby vehicles; provided however, that no more than a ten-thousand-dollar total bond shall be required.

      b.   A corporate bond shall be maintained and renewed annually and shall be executed by a surety or guaranty company qualified to transact business in this State and that the attorney-in-fact for said company be registered with the Clerk of the Montgomery County Circuit Court; however, such corporate bond may provide in its terms that it may be canceled upon 60 days' written notice by the surety to a licensee and to the Director. In such event, the licensee shall furnish the Director with a bond as required above within 30 days of such cancellation notice. A cash bond shall be deposited with the Director of Finance, who shall give his receipt therefor, reciting that the cash bond has been deposited with the County subject to the provisions of this Section. The bond shall obligate the principal, his executors, administrators, successors and assigns, jointly and severally with the surety and shall inure to the benefit of the County, its officers, employees and to anyone who is personally aggrieved by the principal's failure to comply with the conditions thereof. Whenever the Director shall find that a default has occurred in the performance of any term or condition of the bond, oral notice by telephone shall be given to the principal to be followed by written notice confirming such oral notice. Such notices shall state the work to be done and specify that it is to be completed within 24 hours. In the event that such work is not completed within 24 hours, the Director in his discretion may cause the work to be done by contract or otherwise. The Director shall cause the principal to be charged for the cost of the work and shall send a bill. In the event that the principal fails to pay the bill within 15 days after receipt thereof, written notice of nonpayment shall be given to the principal and to the surety of the bond. Such notice shall state the work done and the cost thereof. After receipt of such notice the surety shall pay to the Director the cost of doing the work as set forth in the notice but not to exceed the principal sum of the bond. If a cash bond has been posted, notice of default as provided above shall be given the principal; and if payment is not made within 15 days the Director shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited or any portion of such deposit.

    (3)   Maintain and keep at all times, including 30 days after all business is discontinued in the County, a list of names and addresses of all customers receiving service within the County. Such lists shall be subject to inspection by the Director at any reasonable time. The list or a true copy thereof shall be furnished to the Director immediately upon demand in the event of discontinuance of service to 5 or more customers during any seven-day period. A refusal to furnish such list to the Director shall be deemed to be a violation of the provisions of this Chapter.

  (c)   Waiver authority. The Director shall have the authority to grant waivers of the conditions specified for granting a collector's or hauler's license upon a finding that the applicant is engaged exclusively in the collecting and transporting of solid waste, excluding garbage, as defined in this Chapter.

  (d)   Application information. No hauler's license shall be issued unless and until the applicant provides the Director with the following information:

    (1)   Applicant's name and address and, if incorporated, names and addresses of officers and resident agent.

    (2)   A statement describing the content and approximate weight of the solid waste to be hauled, with particular reference to the amount of garbage and other putrescible matter contained therein, designation of normal time intervals for such collecting and hauling, and a geographic description of the points where such materials are generated and collected for hauling.

**Sec. 48-20. Licensing of collectors and haulers—Registration of vehicles.**

  (a)   For each truck or other vehicle used in the collection or transportation of solid waste by a licensee there shall be issued a registration card by the director which shall contain the name of the owner, the description and serial number of the truck or vehicle, and a registration number. The requirements of this section shall apply to vehicles owned and operated by persons under contract with the county to provide similar services to county residents. For each card there shall be furnished a metal solid waste collector's or hauler's tag containing the registration number and the year such tag is valid. Such tags shall be attached to the truck or vehicle in such a manner as to be readily visible and shall not be transferred to another truck without prior written approval by the director.

  (b)   No truck or other vehicle shall be registered until it has been inspected and found to be equipped with a suitable watertight, leakproof, metal body designed for the collection of solid waste and to have a suitable tightly fitting cover of metal or canvas to prevent the blowing of solid waste, which cover shall be in place at all times, except when loading or unloading. The body shall be so mounted on the chassis that when fully loaded, the axle load shall fall within the maximum axle load limit prescribed by law; except that an open metal body truck with a tightly fitting cover of metal or canvas may be used for hauling only building materials, trees or parts of trees, rubble, abandoned vehicles, machinery, appliances, and nonincinerable material; and except that an open flat-body vehicle having a suitable tarpaulin or canvas cover, which shall be in place at all times, except when loading or unloading, may be used for transporting solid waste firmly sealed and secured in cardboard boxes or plastic bags. The body shall be enclosed steel, packer type, watertight, leakproof, readily cleanable and sanitary and so mounted on the chassis so that when fully loaded the axle load shall fall within the maximum axle load limit prescribed by law; provided further, that a licensed collector or hauler may apply for a special license for an open body truck (equipped with a suitable watertight, leakproof, metal body designed for the collection of solid waste and having a suitable tightly fitting cover of metal or canvas to prevent the blowing of solid waste, which cover shall be in place at all times except when loading or unloading), for use only on special routes, designated in the license, on public or private streets, roads or rights-of-way, where the height, weight, length or width of packer-type solid waste collection vehicles makes their use contrary to law, or a danger to public or private property or human life or safety.

  (c)   Each truck or vehicle shall be lettered in letters plainly distinguishable and not less than three (3) inches high, in permanent paint or decals on each of the two (2) sides of the truck or vehicle, which lettering shall include the name of the company or individual by whom the truck or vehicle is owned or operated. On trucks or vehicles operated by licensed collectors, the words "solid waste" and the business telephone number shall also be displayed. Following the effective date of this chapter, licensed collectors shall have until June 1, 1982, to change the word "Refuse" to the words "Solid Waste." A licensee's detachable solid waste containers shall be conspicuously marked with the licensee's name and telephone number.

  (d)   Any truck or vehicle found to be in an unsafe physical, mechanical or sanitary condition shall have its registration suspended; provided, however, that the director may grant one (1) grace period not to exceed fifteen (15) days in which to correct such condition or defect. The director shall reinstate any suspended registration upon satisfactory proof that the aforesaid conditions or defects have been corrected.

**Sec. 48-21. General regulations for collectors.**

  (a)   Licensees shall operate fully in accordance with the following regulations:

    (1)   Remove all solid waste in containers or bundles in accordance with the approved written statement of service for disposal from every point of pickup and clean up spillage by the collector at pickup points and along the route from the point of pickup to the truck.

    (2)   Maintain regular service in accordance with the written statement of service and provide in writing prior notice of not less than thirty (30) days of their intent to modify or discontinue service for any cause, except for discontinuance for nonpayment of service charges. A copy of such notice shall be provided to the director.

    (3)   Upon commencement of service and no less frequently than annually thereafter, furnish to each customer a copy of the written statement of service which shall include the trade name, principal business address, telephone number and regular office hours of the collector, regular collection schedule, weather conditions and holidays for which service shall be suspended and the collection schedule thereafter, the type and quantity of solid waste to be collected, frequency of special collection, packaging or bundling requirements, type of solid wastes not included in the service to be provided, type and size of solid waste containers, point of collection, a simple mathematical formula which customers may use to compute deductions from service bills for unprovided service exclusive of service suspensions due to severely inclement weather as determined by the director and holidays, and any other provision needed to establish a clear understanding of the respective responsibilities of the collector and the customer. Upon application for a collector's license or when requested by the director, the statement of service shall be submitted to the director, who shall approve it if it complies with the standards and objectives of this chapter to disapprove it; and if he disapproves, he shall state his reasons therefor in writing. If disapproved, the licensee or applicant shall revise and resubmit the statement of service until approved by the director. Unapproved statements of service shall not be distributed to a collector's customers.

    (4)   Provide alternate service within twenty-four (24) hours in the event of mishap or breakdown of regular equipment or if collection service is missed for any reason, except that alternate service for collection missed on Saturday shall be provided within forty-eight (48) hours.

  (b)   Licensees and their employees shall not collect solid wastes in Montgomery County prior to 7:00 a.m. (9:00 a.m. on federal holidays and Sundays) nor collect solid wastes after 9:00 p.m. on any weekday (Monday through Sunday, including federal holidays); except that collections may be made at any time from business establishments such as commercial, industrial, institutional or other nonresidential use structures provided that there is no residential structure(s) within five hundred (500) feet of the solid wastes collection point. The director may waive these provisions in the event of a civil emergency for a period of seventy-two (72) hours or less.

  (c)   The licensee must disclose on each invoice or other request for payment any pass- through to the customer of a charge paid for use of any solid waste acceptance facility and any pass-through of a systems benefit charge. Each charge must be stated on a per-ton basis. Each invoice or other request for payment must separately identify any collection charge or systems benefit charge.

**Sec. 48-22. Permit required to haul garbage, etc., from outside state into county; exceptions; penalty.**

  It shall be unlawful for any person to haul or otherwise transport any garbage, trash, junk or other refuse from without the state into the county for the purpose of feeding, dumping, incinerating or other final disposition within the confines of the county unless such person shall have obtained a permit therefor from the county; provided, that nothing in this section shall prohibit the transportation into the county from without the state of fertilizer or stable manure for agricultural purposes or of ashes, cinders, scrap metal or other similar materials for road building, industrial or manufacturing purposes. Any violation of this section shall be punished as a class C violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 48-23. Leaving collection, hauling, etc., vehicle unattended; penalty.**

  It shall be unlawful for any person to park or otherwise leave unattended upon any public street or thoroughfare within the county any vehicle, motor or otherwise, used for the hauling or transporting of any solid waste for any period of time in excess of that which is necessary in the loading or unloading of such vehicle. Any violation of this section shall be punished as a class B violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 48-24. Storage and removal.**

  (a)   Storage generally. It shall be unlawful for any person to store any solid waste within the county, except as provided in this chapter and any executive regulations promulgated pursuant thereto. The provisions of this section shall apply to any land or premises where solid waste accumulates or is produced, be it residential, commercial or industrial, including vacant property.

  (b)   Responsibility of owners and occupants.

    (1)   It shall be the responsibility of the occupant to provide a sufficient number of approved containers for storage of solid waste to prevent overflow between times of collection in single-family and duplex residential dwellings and to maintain the premises in accordance with the standards of this chapter; and it shall be unlawful for the owner or occupant of such private property within the limits of the county to permit the accumulation of solid waste or to permit any part thereof to be carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property. "Accumulate" shall mean to exist outside of an approved container for a period of time in excess of thirty (30) days. At such time as the county executive shall determine that the county possesses the capability for the separate collection and disposal of newspapers, magazines, cardboard, wastepapers, glass, aluminum cans and other recyclable materials, these items shall be stored in such a manner that these kinds of solid waste materials can be collected and disposed of separate and apart from other types of solid waste.

    (2)   It shall be the responsibility of the owner and/or resident manager and not the occupants of multifamily residential dwellings to provide a sufficient number of approved containers for the storage of solid waste to prevent overflow between times of collection and to maintain the premises in accordance with the standards of this chapter; and it shall be unlawful for the owner, resident manager or occupant of such private property within the limits of the county to permit the accumulation of solid waste upon such property or to permit any part thereof to be carried or deposited by the elements upon any street, sidewalk or other public place or upon any other private property. "Accumulate" shall mean to exist outside of approved containers for a period of time in excess of five (5) days. At such time as the county executive shall determine that the county possesses the capability for the separate collection and disposal of newspapers, magazines, cardboard, wastepapers, glass, aluminum cans and other recyclable materials, these items shall be stored in such a manner that these kinds of solid waste materials can be collected and disposed of separate and apart from other types of solid waste.

    (3)   Each owner and occupant of commercial and industrial land or buildings must provide a sufficient number of approved containers for storage of solid waste to prevent overflow between collections and to maintain the premises as required in this Chapter. An owner or occupant of commercial or industrial property must not let solid waste accumulate on the property or be carried or deposited by the elements on any other public or private property. Each owner and all occupants of any shopping center and commercial establishment must install and maintain trash receptacles on the edge of each pedestrian walkway. The receptacles must be of a type and size and placed at a location approved by the Director and clearly designated as receptacles of solid waste. When the County Executive decides that the County will separately collect newspapers, magazines, cardboard, wastepaper, glass, aluminum cans, and other recyclable materials from commercial establishments, these items must be stored separately from other solid waste.

    (4)   The owner and occupant of commercial or industrial property must screen from view at street level any solid waste container or solid waste storage area on the property if the container or storage area can be seen from the street level of any residential property. The owner of multifamily residential property must screen from view at street level any solid waste container or solid waste storage area on the property if the container or storage area can be seen from the street level of any residential unit on the property or the street level of any other residential property. This paragraph does not apply to temporary solid waste containers at construction sites.

    (5)   It shall be the responsibility of the owner of vacant land to keep his property free of solid waste.

    (6)   Deficiencies observed in violation of the standards of this Chapter shall constitute prima facie evidence that the required maintenance is not adequate. The Director may remove or cause removal of solid waste material upon written notice to the owner, occupant, lessee or agent at his last-known address; and the cost of removal shall be a debt due the County and shall be collected as are other debts.

  (c)   Container standards. All containers for the storage of solid waste, except bins for the storage of bulky rubbish, shall be vermin-proof and waterproof, of noncorrodible metal or similar material, and shall be equipped with tight-fitting lids at all times. Containers recessed into the ground shall be permitted only if they are of such construction that they do not permit the entrance of waste material or water seepage into the nonremovable parts. Slant-sided refuse containers, as defined in this Chapter, which will tip over when empty and subjected to a horizontal force of 70 pounds when applied at a point and in a direction likely to cause tipping and a vertically downward force of 191 pounds applied to a point likely to cause tipping, are not allowed to be used in the County because of risk of tipover.

  (d)   Maintenance standards.

    (1)   All containers or local disposal systems shall be accessible to the users at all times.

    (2)   Solid waste bins, as constructed under the terms of the Fire Safety Code and Building Code, shall not be used for the storage of garbage.

    (3)   Doors to solid waste storage rooms, chute doors, lids to hoist containers and lids to all other solid waste containers shall be in place and shall be kept closed when not in actual use.

    (4)   Containers and storage area surfaces shall be washed periodically so that no encrusted waste material is evident upon inspection.

    (5)   Interior storage rooms, unloading platforms or aprons, and other solid waste storage areas of buildings shall be kept clean, free of litter and solid waste overflow, free of vermin, and well ventilated.

    (6)   The presence of solid waste in place other than inside proper containers of disposal devices, the presence of sour odors and the presence of insects, rodents or other vermin, or evidence of their presence shall constitute improper maintenance or lack of maintenance and the need for more frequent removal. The Director may remove such solid waste upon written notice to the owner, occupant, lessee or agent at his last-known address; and the cost of removal shall be a debt due the County and shall be collected as are other debts.

  (e)   Removal schedule.

    (1)   The frequency of collection of garbage shall be at least once a week or of such greater frequency as is necessary to keep all solid waste in the proper containers without producing overflow or objectionable odors.

    (2)   Highly putrescible waste, such as seafood waste, shall be removed from commercial premises daily, unless the waste is immediately ground into the sewer system or is stored in refrigerated storage. In the latter case, the schedule under paragraph (1) of this subsection shall apply. The existence of objectionable odors at the nearest adjoining premises shall be evidence of insufficient removal frequency.

    (3)   Medical or pathological wastes shall not be put out for collection but shall be destroyed by proper incineration on the premises or shall be taken to a solid waste acceptance facility approved for these types of materials.

**Sec. 48-24A. Storage of vehicles.**

  (a)   In this section, “unused vehicle:”

    (1)   Means a vehicle that is:

      (A)   Inoperable or not currently registered by a government agency; and

      (B)   Not subject to section 48-24;

    (2)   Includes trailers; and

    (3)   Does not include farm tractors or any farm equipment such as automobiles and trucks that are:

      (A)   Kept on properties consisting of 2 or more acres on which crops are being grown and harvested; and

      (B)   Used for the purpose of growing and harvesting crops.

  (b)   A person must not store an unused vehicle on residential property in violation of Section 26-9(a)(13).

**Sec. 48-25. Permits and licenses issued under chapter-Expiration; transfer.**

  Permits, licenses or registrations issued under this chapter expire one year after the effective date of issuance unless otherwise stated thereon, and may be renewed if the applicant complies with this chapter. A registration, permit or license must not be transferred, except that if the holder dies, an executor, administrator or heirs may operate under the existing registration, permit or license. The Director may assign new dates of licensure to existing licenses to effectively stagger annual renewals evenly throughout the year and must adjust license fees pro rata.

**Sec. 48-26. Permits and licenses —Fees.**

  Permit or license fees under this chapter shall be fixed annually by executive regulation adopted by the county executive under method (3) of section 2A-15 of this Code.  The fees shall not exceed the cost of inspection, licensing and enforcement of this chapter.

**Sec. 48-27. Permits and licenses —Refusal to renew; revocation or suspension.**

  The director may refuse to renew or he may revoke or suspend any license or permit issued under this chapter or take such other action as he may deem necessary upon a finding that the holder of the license or permit has violated any provision of this chapter, or that the continued use or operation of the license or permit under this chapter would endanger the health, welfare or safety of the public.  Notice of revocation, suspension or refusal to renew or other action shall be in writing, and mailed by certified mail or delivered in person to the address shown on the application and shall provide for a right to a hearing before the director prior to final action.  In the event of an immediate danger to the public health or safety, notice and hearing shall not be required but shall be given as promptly thereafter as practical.

  In the collection and transportation of solid waste, the director may revoke the registration of a particular vehicle or vehicles of the licensee found to be in violation of this chapter, such revocation to remain in force until such time as the licensee puts any or all vehicles in compliance with the provisions of this chapter or corrects the violation.  Notice of revocation shall be as provided above.  Such revocation of the registration of a particular vehicle shall not otherwise affect the license to do business issued under this chapter or affect the registration of complying vehicles of the licensee.

**Sec. 48-28. Permits and licenses — Appeals.**

  Any person aggrieved by the issuance, denial, renewal, suspension, or revocation of a permit or license under this Chapter may appeal to the County Board of Appeals within 10 days after the action is taken.  The Board may affirm, remand, modify, or reverse the action of the Department.  An appeal to the Board must not stay the action unless the Board, upon application, grants a stay of the action.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 48-29. Solid waste collection districts.**

  (a)   A special service charge area known as the solid waste collection district, consists of that area of the county defined on maps in the office of the director where residential solid waste was collected under contract with the county government on June 1, 1977. The executive may expand or reduce the collection district under procedures adopted by Regulation under method (2) or by the county council in the comprehensive solid waste management plan. The executive may subdivide the collection district, and revise the boundaries of any subdistrict when that action will improve service or reduce cost.

  (b)   In the Solid Waste Collection District, a person may engage in the business of collecting solid waste from any single- or two-family dwelling unit under a private contract with the owner or occupant of the unit in addition to the collection by the County or its contract agent. The County or its contract agent must be the primary collection agency for single- or two-family dwelling units. The County or its contract agent must also be the exclusive collection agency for any multifamily building with 6 or fewer dwelling units. The County or its contract agent must not collect solid waste from any building with 7 or more dwelling units.

  (c)   The Director of Finance is authorized to bill and collect all County service charges imposed on property within such Solid Waste Collection Districts for solid waste collection service in the manner in which ordinary taxes are now or hereafter may be collected under the provisions of the general and local laws of the State and County; upon default in the payment of any service charge the property against which such service charge has been made shall be sold at tax sale in the same manner as real property is sold for nonpayment of ordinary taxes.

  (d)   The County Council must set charges annually for solid waste collection and management services under Section 48-31. These charges must correspond as closely as practicable to the actual cost, or an allocable portion of the cost, to the County to perform such services.

  (e)   The Director must certify, before each real property tax billing cycle, which properties are receiving solid waste collection service in the collection district.

  (f)   Service charges which are due and payable to the County, but which are omitted from tax bills for any reason, may be billed separately when due and may be collected as ordinary debts or may be added to a succeeding tax bill as provided in subsection (c) of this Section.

**Sec. 48-30. Penalty for violations of chapter; injunctive, etc., relief.**

  Any violation of any provisions of this chapter, unless otherwise provided for in the applicable section, shall be punished as a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Each day a violation of the provisions of this chapter continues to exist shall constitute a separate offense.

### Article II. Solid Waste Service Charges.

**Sec. 48-31. Annual charges set by council resolution.**

  Each fiscal year the County Council must by resolution set:

  (a)   the base solid waste charge under Section 48-32;

  (b)   the residential and nonresidential systems benefit charges under Section 48-8A;

  (c)   any solid waste service charge under Section 48-8;

  (d)   all solid waste collection charges under Section 48-29;

  (e)   any charge for collecting or processing recyclable solid waste under Section 48-47; and

  (f)   any other solid waste service, collection, processing, management, or disposal charge or fee collected by or on behalf of the County.

  A public hearing must be held, with at least 15 days' notice, before the Council adopts a resolution under this Section. The resolution must be adopted no later than the date the Council approves the annual operating budget. Unless the resolution specifies otherwise, each charge or fee must take effect on the July 1 after the resolution is adopted.

**Sec. 48-32. Imposition; amount; exemptions.**

  (a)   Imposed.

    (1)   The County Council by resolution under Section 48-31 may impose a base solid waste charge at a fixed rate per ton for all solid waste delivered by any person or agency, public or private, to County solid waste acceptance facilities.

    (2)   The County Executive may by regulation adopted under method (2) set a charge different from the base solid waste charge for any type of solid waste:

      (A)   which has a cost of disposal, recycling, processing or other handling different from the base solid waste charge or

      (B)   for which any other jurisdiction in the metropolitan area is charging a higher base charge.

    (3)   The Council may, by resolution adopted during a fiscal year, after considering any recommendation from the County Executive, change the base rate adopted under Section 48-31 after at least 15 days' notice and a public hearing. Any change in the base solid waste charge must provide adequate time to let public and private agencies and organizations make necessary billing adjustments.

  (b)   Basis.

    (1)   The solid waste charge must be collected at the basic rate per ton for any solid waste as determined by the actual weights obtained from the County scales located at the solid waste acceptance facilities.

    (2)   The minimum weight for which the solid waste disposal charge shall be made is 500 pounds.

    (3)   Each dwelling unit in the solid waste collection districts which is provided solid waste collection services by collection contractor must pay an annual fiscal year charge based on an average annual quantity of solid waste. The charge must be determined by the total number of tons of solid waste collected by the County's collection contractor(s) divided by the total number of dwelling units being served, multiplied by the basic solid waste charge per ton established by the Council. The charge must be billed and collected in the same manner as taxes on real property.

    (4)   Before June 30 of any year, the governing body of any city, town, village or special taxing area in the county which provides solid waste collection service as a municipal service by their own employees or by a collection contractor may notify the Director of Finance to have the solid waste collection charge placed on the County tax bill of each residential property owner in that municipality who receives collection service. The governing body must furnish to the Director a certified list of the properties to be billed. Solid waste collection charges for commercial and industrial properties, for multifamily dwelling units of 7 or more, and for solid waste of the municipal government itself must be paid upon tonnage delivered to the solid waste acceptance facilities in the manner provided elsewhere herein.

  Upon such notification, the collection charge must be placed on the tax bills by the Director of Finance as an annual fiscal year charge based on the average quantity of solid waste. The charge must be determined by the total number of tons of solid waste collected by the municipality or its contractor divided by the total number of dwelling units being served, multiplied by the basic collection and solid waste charge per ton established by the Council.

  This method shall be optional at the discretion of the governing body of the municipality, and the municipality shall have the right to pay the service charges in the manner as otherwise provided for herein.

  (c)   Exceptions.

    (1)   A fee must not be charged for any disposal refuse which is delivered in a vehicle owned and operated by a County solid waste collection contractor if a charge is made for that refuse under subsection (b)(3) or subsection (b)(4).

    (2)   A fee set by regulation must be charged for any disposal refuse, weighing less than 500 pounds, that is delivered in a privately owned and operated vehicle or trailer with a load capacity of less than 1,000 pounds.

  (d)   Credit towards or refund of solid waste disposal charges for street cleaning.

    (1)   Any city, town, village or special taxing area within the County which provides street cleaning and repairing as a municipal service and in which County street cleaning and repairing service is not provided shall receive an annual credit towards solid waste disposal charges otherwise payable hereunder or refund of charges paid, as the case may be, upon application, for the collection and delivery of disposable refuse as defined in this subsection to County solid waste disposal facilities, consisting of the computed County average number of tons of disposable refuse collected per mile from all streets and roads open and used by the general public receiving street cleaning service. The State, or any federal agency having property within the County providing cleaning and repair service for streets, roads or other rights-of-way which are open to and used by the general public, shall also receive such credit or refund, upon application.

    (2)   The annual County average number of tons of disposable refuse must be determined by the Director before July 1 each year and apply to the entire next fiscal year.

    (3)   An applicant for a credit or refund must complete and file with the Department of Finance an annual report on or before the fifteenth day of July covering the preceding fiscal year, in such form, and verified in such manner, and containing such information as may be prescribed by the Director of Finance. The Department of Finance shall compute such credit or refund after receipt of such annual report and shall furnish such credit or refund promptly to the applicant.

    (4)   Disposable refuse for the purpose of computation of the annual credit or refund under this subsection shall include only leaves, street sweepings, tree parts and trimmings, paper, bottles, cans, cardboard, debris from street repairs, dirt and dead animals. Disposable refuse shall not include any of the foregoing items or articles which have been removed from adjacent property and have been deposited or placed by any person upon any such paved street or road for collection.

**Sec. 48-33. Persons subject to charges.**

  The director of finance may bill and collect all solid waste charges and collection charges imposed for the use of county solid waste acceptance facilities as follows:

  (a)   From certified lists of persons, companies, agencies and governments indicating the quantities of solid waste received by the county for handling as determined by attached printed scale tickets furnished by the director to the director of finance at the end of each month.

  (b)   From certified lists of properties receiving solid waste collection service provided by the county's solid waste collection contractor(s), such lists to be the same as those furnished by the director as provided for in subsection (e) of section 48-29.

**Sec. 48-34. Extension of credit; posting of collateral.**

  (a)   Extension of credit. Solid waste collection companies licensed by the county, business concerns and other persons who deposit in excess of twenty (20) tons monthly of disposable refuse at the county solid waste acceptance facilities may apply for an extension of credit by submission of an application for credit to the director of finance.

  (b)   Posting collateral. As a prerequisite for extension of credit, collateral (accompanying the application for credit) shallbe deposited with the director of finance in the form of cash or certified check or equivalent security approved by the chief administrative officer and county attorney in an amount equal to a normal forty-five-day billing period. The computation of the amount of collateral required shall be determined by multiplying the number of tons per month as determined by the director by one and one-half (1) times the per-ton solid waste disposal charge.

  (c)   Waiver of collateral. Waiver of collateral is restricted to federal, state and local government agencies delivering disposal refuse to the county disposal facilities on vehicles owned and operated by these agencies.

**Sec. 48-35. Collection; partial payment; interest penalties.**

  (a)   Collection of charges; records. The Director of Finance must bill and collect solid waste charges and system benefits charges under this Chapter, maintain and keep an accurate record thereof, and report all moneys so received.

  (b)   Partial payments. Partial payments must not be accepted on any monthly invoice, or on any tax bill even though the unpaid portion of the tax bill represents solid waste charges or systems benefit charges.

  (c)   Interest penalties. Interest must be collected for late payment on the full amount of the monthly invoices. Interest and penalties imposed for failure to pay solid waste charges, or systems benefit charges, which are included on the tax bill, must be applied in the same manner and to the same extent as are other tax penalties. Interest for monthly invoices or for charges on the tax bills must be at the same interest rate as then in effect for late payment of real property taxes.

**Sec. 48-36. Default in payment.**

  (a)   If any person does not pay any solid waste charges within 15 days after the County renders a monthly invoice or does not pay any systems benefit charge the Director of Finance must apply any posted collateral against the amount due and must immediately suspend access to county solid waste acceptance facilities by any vehicle owned or operated by the person, company or agency in default of payment until full payment, including interest and penalties, is received and any collateral used to satisfy the outstanding obligation has been redeposited with the Director of Finance.

  (b)   For default in payment by any property owner billed for systems benefits charges on a tax bill, the property against which such charges have been made must be sold at tax sale in the same manner as real property is sold for nonpayment of taxes.

**Sec. 48-37. Refunds.**

  No refunds must be made except for solid waste collection or systems benefit charges billed and collected as part of the tax bill or for mistakes in computation of charges due. A property owner must pay the property tax bill, which includes solid waste collection and/or systems benefit charges, in full, for the period billed. Refunds of solid waste collection and/or systems benefit charges must not be made, except upon application of the property owner, where the property is to be unoccupied for at least 60 consecutive days and no solid waste is generated from the property during that period, and the property owner has notified the county in writing 7 days before the absence. The notice must be made a part of a request for a refund of solid waste collection service or system benefits charges and must indicate the dates for which solid waste collection or base or incremental solid waste management services are not required. Refunds must not be made for shorter periods or without prior notice. Refunds must be prorated.

### Article III. Solid Waste Advisory Committee.

**Sec. 48-38. Established; composition; terms.**

  (a)    Creation:  The County Executive must appoint a Solid Waste Advisory Committee, subject to confirmation by the County Council.

  (b)    Composition:

    (1)   The Committee has 15 voting members.

    (2)   The Committee has one ex officio nonvoting member representing the Maryland-National Capital Park and Planning Commission.

  (c)   Appointment:

    (1)   The County Executive should appoint members so that the Committee membership reflects:

      (A)   broad geographic areas of the county;

      (B)   the solid waste industry;

      (C)   business users;

      (D)   a representative of the County Chapter of the Maryland Municipal League; and

      (E)   the general public.

    (2)   The Executive must request from the Council, and the Council may submit, a list of nominees to be considered for appointment by the Executive.

  (d)   Term: The term of members of the Committee is 3 years.  A member serves until a successor has been appointed and qualified.

**Sec. 48-39. Duties.**

  The committee shall be advisory to the county council and the county executive on all matters relating to solid waste management within the county. In particular, the committee shall:

  (a)   Review and offer recommendations on the ten-year solid waste management plans for the county.

  (b)   Investigate and make recommendations on systematic programs and alternative methods, both public and private, for the storage, collection, transportation, processing, disposal and resource recovery of solid wastes, including sludge.

  (c)   Evaluate the impact of the solid waste management program on citizens, institutions, business and industry throughout the county.

  (d)   Recommend methods to assure public involvement in solid waste planning and develop educational programs to inform the public on all aspects of solid waste management.

  (e)   Recommend local and state legislation necessary to accomplish effective solid waste management.

  (f)   Review and comment on the annual county budget for solid waste activities.

  (g)   Submit to the county executive and county council, and make available to the general public, an annual report of the activities of the committee.

**Sec. 48-40. Officers; committees; bylaws; meetings; quorum.**

  (a)   The Committee may elect a chair, vice-chair, and other officers, establish subcommittees of its members and other subcommittees from outside its membership, and adopt bylaws to conduct its affairs.

  (b)   The Committee meets in public session on call by the chair as frequently as necessary to perform its duties, but not less than once each quarter of any calendar year. Reasonable notice must be given for all meetings. A majority of the members is a quorum for the transaction of business, and a majority vote of those members present at any meeting is required for any action.

**Sec. 48-41. Advocacy.**

  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 48-42. Administrative and staff support.**

  The chief administrative officer shall make available to the committee administrative and staff services and facilities necessary to assist the committee in its work.

### Article IV. Solid Waste Fund.

**Sec. 48-43. Established; purpose; operation and maintenance.**

  (a)   There is hereby established a separate solid waste fund, which must be used to fund expenditures for the collection of solid waste in the solid waste collection district established under section 48-29 and for the provision of base and incremental solid waste management services countywide. Such subsidiary funds as are necessary for segregation of costs and revenues of separable elements of the program must be established in the solid waste fund. Such subsidiary funds must include separate funds for the collection program and for the base and incremental solid waste management services programs. In this article, the term "solid waste" includes pathological waste.

  (b)   The director of finance must credit to the solid waste fund revenues from fees collected under this chapter, collection charges in the solid waste collection district, systems benefit charges and solid waste charges collected for the use of county solid waste acceptance facilities.

  (c)   Expenditures from the solid waste fund for collection service in the collection district and for countywide base and incremental solid waste management operations, including depreciation and debt service on facilities for such operations, must be authorized by appropriation by the county council.

  (d)   The solid waste fund must be maintained and managed so that revenues equal expenses for each subsidiary fund; except that contributions from the general fund may be appropriated by the county council to subsidize a portion of the costs or to cover emergency needs, unusual capital expansion or unplanned deficits not covered by adjustments of collection charges, system benefit charges and solid waste charges. To the extent that annual expenses exceed or are less than annual revenues, solid waste collection charges system benefit charges and solid waste charges must ordinarily be adjusted at least annually to fund such deficits or to utilize such surpluses. When necessary to fund anticipated future expenses or provide multiyear funding of short-term deficits, retention of surpluses over a multiyear period is permitted.

**Sec. 48-44. Contracts; appropriations.**

  (a)   The county may enter into multiyear contracts for the collection and disposal of solid waste to the extent that the county council has provided appropriations sufficient to fund such contracts. Appropriations by the county council must specify the revenues to be derived from collection charges and disposal fees as well as other revenues as may be necessary to fund the appropriations.

  (b)   Notwithstanding subsection (a), section 11B-8(a), or any other provision of county law governing multiyear contracts, the chief administrative officer, on behalf of the county, may enter into and amend multiyear contracts with the Northeast Maryland Waste Disposal Authority or any other party, including contracts authorized by section 3-915 of the Natural Resources Article of the Annotated Code of Maryland, if;

    (1)   The facilities or services provided by the authority or another party under the contract or amendment are described in a notice of intent submitted to the county under section 3-920 of the Natural Resources Article; and

    (2)   The notice of intent specifically proposes that the county enter into or amend a multiyear contract for the described facilities or services under this subsection; and

    (3)   The notice of intent has not been disapproved by the county council during the 120-day period described in section 3-920 of the Natural Resources Article; and

    (4)   The county council has not, within forty-five (45) days after receiving the final draft contract or amendment and a notice that the chief administrative officer intends to sign the contract or amendment in that form, disapproved the contract or amendment by resolution.  The provisions of subsection (a) and section 11B-8(a) requiring annual appropriations and a termination provision for any multiyear contract do not apply to any contract authorized under this subsection. However, every multiyear contract or amendment authorized by this subsection must permit the county to terminate its obligations under the contract or amendment for convenience if the county provides the contracting parties with amounts sufficient to defray costs and obligations that the parties have incurred in accordance with the contract or amendment.

### Article V. Recycling.

**Sec. 48-45. Findings and policies.**

  (a)   The County Council finds that undertaking a long term commitment to remove and recycle certain materials from the solid waste stream is a necessary part of the County's integrated solid waste management system of recycling, resource recovery and landfilling. Extensive recycling will:

    (1)   decrease the flow of solid waste to overburdened County disposal facilities;

    (2)   aid in the conservation and recovery of valuable resources;

    (3)   conserve energy;

    (4)   increase the supply of reusable raw materials;

    (5)   reduce the cost of planning, constructing, and operating solid waste disposal facilities; and

    (6)   reduce the environmental impact of waste management.

  (b)   The County Council also finds that the objectives of the Comprehensive Solid Waste Management Plan adopted under State law will be promoted by establishing a recycling program. The program should include:

    (1)   a mandatory recycling program for homes, industries and businesses wherein residents will recycle their recyclable solid waste in conformance with Executive regulation. Materials subject to mandatory recycling can be set out for County operated collection, taken to drop-off centers or recycled by private or charitable organizations;

    (2)   recycling drop-off centers where collection is not practical;

    (3)   purchase by the County of products made at least in part from recyclable solid waste;

    (4)   encouraging any entity not subject to this Chapter to adopt a recycling program;

    (5)   development of special pilot recycling programs to addressrecycling of plastics, yard wastes and other potentially recyclable materials;

    (6)   construction of a recyclable materials recovery center adjacent to the Shady Grove transfer station;

    (7)   coordination of a network of volunteers to promote recycling;

    (8)   development and dissemination of educational material to inform the public about recycling and promote recycling programs; and

    (9)   other innovative actions and programs designed to develop recycling in the County.

  (c)   The County Council found in Resolution 11-733 that to recycle 27% of the solid waste stream by 1992 and 30% before the resource recovery plant is expanded is in the public interest. The County Council reaffirms that it is in the public interest to recycle as much solid waste as practical and that the goals adopted in Resolution 11-733 are the goals of this program.

**Sec. 48-46. Recyclable solid waste; definition.**

  (a)   In this article, recyclable solid waste means those materials in the solid waste stream which may be separated and reused.

  (b)   Recyclable solid waste includes:

    (1)   containers and other products made from metals;

    (2)   tree cuttings, bush trimmings, plants, leaves, grass, garden trimmings and similar yard waste;

    (3)   glass products;

    (4)   newspapers;

    (5)   corrugated cardboard;

    (6)   office paper;

    (7)   motor oil;

    (8)   lead acid batteries;

    (9)   motor vehicle tires; and

    (10)   medium and large high-density polyethylene and polyethylene terephthalate containers, and any other plastic materials suitable for recycling.

  (c)   The list of materials in subsection (b) may be changed or expanded by Executive regulation.

**Sec. 48-47. Recyclable solid waste program.**

  (a)   The County Executive must develop a recyclable solid waste program. The program may be established by executive regulation.

  (b)   Under the recyclable solid waste program, the County must collect, separate, and recycle, to the maximum extent practical, each material listed in subsection 48-46(b) unless:

    (1)   recycling of that material is not technically feasible on the scale proposed; or

    (2)   collection and separation of the material (generally or from a particular geographic area or source of waste) and recycling the material will substantially increase the cost to the County solid waste management system of disposing of that material after subtracting all avoided net costs of burning or burying the material.

  (c)   The regulations may provide for:

    (1)   creation of recycling service areas for the collection, processing and marketing of recyclable solid waste. The recycling program may vary from recycling service area to recycling service area. The Executive must make every reasonable effort to implement curbside collection of recyclable solid waste in those areas in which solid waste is generally collected at curbside. The basis for determiningrecycling activities in a recycling service area may include:

      (A)   population densities;

      (B)   housing patterns;

      (C)   land use patterns;

      (D)   the types and amounts of recyclable solid waste generated in any area; and

      (E)   other factors affecting cost-effectiveness.

    (2)   creation of financial and other incentives, including technical assistance, awards and publicity, for recycling initiatives undertaken by any person. The financial incentives may include special rates or fees for the collection and processing of recyclable solid waste, to be established when the County Council sets rates and fees for solid waste management and disposal.

    (3)   purchase of items by the County which are manufactured at least in part from recyclable solid waste.

  (d)   The regulations must specify the standards and methods by which, and the base from which, the goals of the program and the level of recycling that the program achieves in any year are measured.

  (e)   The County Executive must adopt an ongoing program to study recycling program and technology. This program must include pilot projects to test the effectiveness of new recycling efforts and to provide the basis for expanding the recycling program.

  (f)   The County Executive must report to the Council at least every 2 years on the expansion of recycling service areas, and particularly on the extent that new housing subdivisions are included in the service areas.

  (g)   The County Executive must encourage municipalities and other entities which are not included in a recycling service area to adopt an effective recycling program. The County Executive may enter into agreements with a municipality or other entity to further the objectives of this Article.

  (h)   The County Executive must report to the County Council twice each year on the progress of the recyclable solid waste program toward meeting the quantitative goals and any problems that hinder the achievement of those goals.

**Sec. 48-48. Compliance.**

  (a)   A person must not dispose of recyclable solid waste in a manner that violates this Article or regulations issued under it.

  (b)   A person must not collect or remove recyclable solid waste which has been set out for collection in a recycling service area in accordance with the Executive regulations governing that area unless;

    (1)   the person is licensed by the County or has a contract with the County to collect recyclable solid waste; or

    (2)   the property owner or occupant has expressly authorized a charitable organization to remove a recyclable item, and the organization collects the item on a different day from the County recyclable waste collection.

  This section adds to the requirements in Sections 48-5 and 48-6.

**Sec. 48-49. Enforcement.**

  (a)   Any violation of this Article or regulations issued under it is a class B violation. Each container holding recyclable solid waste which is disposed of or collected in violation of this Article or regulations issued under it is a separate violation.

  (b)   The proceeds of any citation issued for a violation of this Article must be paid into the solid waste collection and disposal fund established under section 48-43.

  (c)   The County Executive may suspend the collection of solid waste from any person who disposes of recyclable solid waste in violation of this Article or regulations issued under it.

**Sec. 48-50. Marketing of recyclable solid waste; contracts.**

  The County Executive may contract for the collection, purchase, processing and marketing of recycled or recyclable solid waste, subject to County procurement laws and regulations. The Executive may enter into contracts, subject to appropriation, with public agencies or private parties to aid or operate recycling programs and to create incentives for recycling.

**Sec. 48-51. Regulations.**

  The County Executive may adopt regulations to implement this article under method (1).

### Article Vi. Disposable Food Service Products and Packaging Materials.

**Sec. 48-52. Definitions.**

  In this Article, the following terms have the meanings indicated:

  ASTM standard means the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics.

  ASTM standard bioplastic means a plastic like product that meets the ASTM standard.

  Compostable means material that will break down into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner in an appropriate composting program or facility, or in a home compost pile or device. Compostable disposable food service ware includes ASTM standard bioplastics that are clearly labeled, preferably with a color symbol, such that any compost collector and processor can easily distinguish the compostable ASTM standard bioplastic from non-ASTM standard plastic.

  Disposable food service ware means containers, bowls, plates, trays, cartons, cups, lids, and other items that are designed for one-time use for beverages, prepared food, or leftovers from meals prepared by a food service business. Disposable food service ware does not include items composed entirely of aluminum.

  Food service business means a full-service restaurant, limited-service restaurant, fast food restaurant, cafe, delicatessen, coffee shop, supermarket, grocery store, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and/or other business selling or providing food within the County for consumption on or off the premises.

  Polystyrene means the synthetic aromatic hydrocarbon polymer made from the monomer styrene. Polystyrene products are thermoplastic petrochemical materials that include injection molded, vacuum formed, or extruded solid materials, and blown, expanded, and extruded foams.

  Polystyrene food service products means food containers, plates, hot and cold beverage cups, meat and vegetable trays, egg cartons, and other products made of polystyrene and used for selling, providing, or serving food and drink which are:

    (1)   intended by the manufacturer to be used once for eating or drinking; or

    (2)   generally recognized by the public as items to be discarded after one use.

  Polystyrene loose fill packaging means a void-filling packaging product made of expanded polystyrene that is used as packaging fill.  Polystyrene loose fill packaging is commonly referred to as packing peanuts.

  Recyclable means material that can be sorted, cleansed, and reconstituted in a cost-effective manner using recycling collection programs provided in the County for the purpose of using the altered form in the manufacture of a new product.  Recycling does not include burning, incinerating, converting or otherwise thermally destroying solid waste.

**Sec. 48-53. Prohibition on use of polystyrene food service products.**

  (a)   A food service business must not sell or provide food in polystyrene food service products, regardless of where the food will be consumed.

  (b)   Subsection (a) does not apply to:

    (1)   food or beverages that were filled and packaged in polystyrene containers outside of the County before a food service business received them; or

    (2)   materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off- premises consumption.

  (a)   The prohibition on use of expanded polystyrene food service products contained in Section 48-53 and the prohibition on the sale of expanded polystyrene food service products and polystyrene loose fill packaging contained in Section 48-56 take effect on January 1, 2016.

**Sec. 48-54. Compostable or recyclable disposable food service ware required.**

  (a)   A County facility, agency, or department using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.

  (b)   A County contractor or lessee using disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.

  (c)   A food service business selling or providing food or beverages for consumption on or off premises in disposable food service ware must use compostable or recyclable disposable food service ware unless the Executive determines that there is no suitable affordable compostable or recyclable product available in accordance with Section 48-57.  This subsection does not apply to:

    (1)   prepackaged food or beverages that were filled and sealed outside of the County before a food service business received them; or

    (2)   materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption.

  (b)   The requirement for a County facility, agency, department, contractor, or lessee to use compostable or recyclable disposable food service ware established by Subsections 48-54(a) and (b) takes effect on January 1, 2016. Notwithstanding any other provision, a County facility, agency, department, contractor, or lessee may use disposable food service ware already purchased as of the effective date of this Act until the supplies are exhausted or until January 1, 2017, whichever is earlier, including disposable food service ware that the County facility, agency, department, contractor or lessee is obligated to purchase under any contracts in force on the effective date of this Act.

  (c)   The requirement to use compostable or recyclable disposable food service ware established by Subsection 48-54(c) takes effect on January 1, 2017.

**Sec. 48-55. Education and outreach; recyclable and compostable food service ware list.**

  (a)   Education and outreach.  The Executive must conduct an education and outreach campaign before and during implementation of the provisions of this Article.  This campaign should include:

    (1)   informational mailers to and direct contact with affected businesses; and

    (2)   distribution of information through County internet and web-based resources; and

    (3)   news releases and news events.

  (b)   No later than 180 days after the effective date of this Act, the Executive must publish a list of vendors offering affordable compostable or recyclable disposable food service ware products.  The Executive must review and update this list annually for at least 5 years after it is first published.

**Sec. 48-56. Prohibition on sale.**

  A person must not sell or offer for sale in the County:

  (a)   polystyrene food service products; or

  (b)   polystyrene loose fill packaging.

  (a)   The prohibition on use of expanded polystyrene food service products contained in Section 48-53 and the prohibition on the sale of expanded polystyrene food service products and polystyrene loose fill packaging contained in Section 48-56 take effect on January 1, 2016.

**Sec. 48-57. Exemptions.**

  If the Executive determines that there is no available affordable compostable or recyclable alternative to a disposable food service ware item, this item must be listed on an exemption list and made available to the public.  Sections 48-53 and 48-54 do not apply to a disposable food service ware item on the exemption list or for the first 6 months after an item is removed from the list.  The Executive must review and update the exemption list annually to determine whether any items should be removed because an affordable compostable or recyclable alternative has become available.

**Sec. 48-58. Enforcement.**

  (a)   Any violation of this Article is a class B civil violation.  Each day a violation exists is a separate offense.

  (b)   The County Attorney may file an action in a court with jurisdiction to enjoin repeated violations of the Section.

### Article Vii. Prohibited Release of Balloons.

**Sec. 48-59. Definitions.**

  (a)   In this Article, the following terms have the meanings indicated.

  (b)   Terms defined.

    Balloon means an inflatable object:

    (A)   manufactured from plastic, latex, rubber, or mylar; and

    (B)   inflated with a gas that is lighter than air, such as helium.

    Balloon does not include a hot-air balloon.

    Department means the Department of Environmental Protection.

    Director means the Director of the Department or the Director’s designee.

    Person means a natural person, an organization, or a legal entity.  Person includes the County and its agencies.

    Person does not include any other government or government agency.

**Sec. 48-60. Prohibition.**

  (a)   Except as provided in subsection (b), a person while in the County must not release or cause to be released a balloon into the air of the County.

  (b)   This section does not prohibit the release of a balloon that is:

    (1)   released unintentionally;

    (2)   released by a minor child without the permission of an adult;

    (3)   used for scientific or meteorological purposes; or

    (4)   used solely indoors.

**Sec. 48-61. Education and Outreach.**

  (a)   The Director must conduct education and outreach regarding implementation of this Article.

  (b)   The education and outreach should include:

    (1)   direct contact with affected businesses and organizations; and

    (2)   distribution of information through the County website.

**Sec. 48-62. Enforcement.**

  (a)   The Department must administer and enforce this Article.

  (b)   A person who violates Section 48-60 is guilty of a Class A civil violation under Section 1-19.

  (c)   Each release of 50 or fewer balloons at one time in violation of Section 48-60 is a separate civil violation.

  (d)   Presumption of responsibility. There is a rebuttable presumption that the owner of private property from which a balloon is released in violation of Section 48-60 is responsible for the violation if the enforcement officer cannot determine which person released the balloon.

  (e)   Regulations. The Executive may adopt regulations under Method (2) to administer and enforce this Article.

### Article Viii. Waste Reduction/Source Reduction

**Sec. 48-63. Definitions.**

  In this Article:

  Food service business means a full-service restaurant, limited-service restaurant, fast food restaurant, café, delicatessen, coffee shop, supermarket, grocery store, vending truck or cart, food truck, business or institutional cafeteria, including those operated by or on behalf of County departments and agencies, and other business selling or providing food within the County for consumption on or off the premises.

  Home compostable means a material that has the ability to completely biodegrade in an outdoor, non-industrial environment, leaving no toxic substances or residue. Home compostable includes products that meet the OK Compost Home certification standard adopted by Vincotte.

  Marine degradable means a material that has the ability to completely biodegrade under marine environmental conditions including marine waters or marine sediments, leaving no toxic substances or residue.

  Sec. 2. Effective Dates.  Section 1 of this Act takes effect 12 months after this Act become law. Section 3 of this Act takes effect 91 days after this Act becomes law.

  Sec. 3. Transition Period.  On or after May 1, 2021, a restaurant must not provide a straw to a dine-in customer except: (1) upon the request of the customer; or (2) in a self-service straw dispenser.

**Sec. 48-64. Source reduction of specific materials – Straws.**

  (a)   Information posting required. A food service business must post information that:

    (1)   plastic straws will no longer be provided to a customer, except as necessary to comply with local, state, or federal disability rights laws; and

    (2)   the food service business will provide to a customer, upon request of the customer, a plastic straw to accommodate a medical or disability-related need of the customer, without requiring the customer to disclose any disability-related or medical information.

  (b)   Certain straws prohibited.

    (1)   Except as provided in subsection (c) a food service business:

      (A)   must not provide a plastic straw to a customer; and

      (B)   may provide a reusable, home compostable, or marine degradable straw to a customer only upon the customer’s request.

    (2)   Reusable, home compostable, or marine degradable straws include straws made of paper, bamboo, silicone, or stainless steel.

  (c)   Exemptions.

    (1)   A food service business:

      (A)   must keep a limited supply of plastic straws available to customers to comply with local, state, or federal disability rights laws;

      (B)   must provide a plastic straw to a customer who requests one under this paragraph; and

      (C)   must not inquire into the nature of the disability or medical information of the customer.

    (2)   A food service business may provide a reusable, home compostable, or marine degradable straw:

      (A)   in a self-serve straw dispenser; and

      (B)   to a customer who is ordering food for carryout, delivery, or drive-thru sales.

    (3)   If the Executive determines that there is no available home compostable alternative to a plastic straw for a particular use, the Executive may waive the requirements of this Section. The Executive may rescind any wavier granted under this Section when an acceptable alternative has become available.

  (d)   Outreach and education campaign. The Department must implement a public outreach and education campaign before and during implementation of the provisions of this Article. In developing educational materials, DEP will consult with the Commission on People with Disabilities.

  Sec. 2. Effective Dates.  Section 1 of this Act takes effect 12 months after this Act become law. Section 3 of this Act takes effect 91 days after this Act becomes law.

  Sec. 3. Transition Period.  On or after May 1, 2021, a restaurant must not provide a straw to a dine-in customer except: (1) upon the request of the customer; or (2) in a self-service straw dispenser.

### Article Ix. Plastic Carryout Bag Reduction.

**Sec. 48-65. Short Title.**

  This Article may be known and cited as the “Bring Your Own Bag Act”.

**Sec. 48-66. Definitions.**

  For the purposes of this section the following words have this meaning:

  Department means the Department of Environmental Protection.

  Director means the Director of the Department or the Director’s designee.

  Plastic carryout bag means a plastic bag provided by a retail establishment to a customer at the point of sale, pickup, or delivery, including delivery by a third party to carry the purchased items and is not a reusable carryout bag. Plastic carryout bag does not include:

    (1)   a plastic bag provided by a pharmacist that contains a prescription drug;

    (2)   any newspaper bag or bag intended for garbage, pet waste, or yard waste;

    (3)   a bag provided at the point of sale at a seasonal event, such as:

      (A)   an occasional farmers market;

      (B)   a full-time retail operation located on a farm;

      (C)   a street fair; or

      (D)   a yard sale;

    (4)   a bag used to package bulk items, including fruit, vegetables, nuts, grains, candy, ice, or small hardware items;

    (5)   a bag that contains hanging garments or dry-cleaned clothes, including suits, jackets, or dresses;

    (6)   a bag or plastic bag sleeve used to contain or wrap a perishable item, including meat or fish, or unwrapped prepared foods or bakery goods;

    (7)   a bag used to take live fish, insects, mollusks, crustaceans, or amphibians away from the retail establishment; or

    (8)   a bag used to package items for the purpose of charitable distribution.

  Point of sale means the physical place where a customer executes payment for goods or services or receives goods or services.

  Restaurant has the same meaning stated in Section 52-77.

  Retail establishment has the meaning stated in Section 52-77.

  Reusable carryout bag means a reusable carryout bag with stitched handles specifically designed and manufactured for multiple reuses and is made of:

    (1)   cloth or other washable fabric; or

    (2)   a durable material suitable for multiple re-use that is not made of plastic film.

**Sec. 48-67. Plastic carryout bag – prohibited.**

  A retail establishment must not provide a plastic carryout bag to a customer, or a third party, for the purpose of carrying away or delivering goods or other materials from the point of sale.

**Sec. 48-68. Penalty and enforcement.**

  (a)   Civil citation. A retail establishment in violation of this Section is subject to a Class B civil citation, if:

    (1)   an enforcement officer witnesses one or more plastic carryout bags provided to a customer at a single point of sale.

    (2)   The distribution of one or more bags in connection with a single transaction constitutes a single violation.

  (b)   Notice of violation. A penalty under subsection (a) may not be imposed unless a retail establishment:

    (1)   is first issued a written notice of violation; and

    (2)   fails to correct the violation within 7 days after receipt of the written notice.

  (c)   Enforcement. The Department must enforce the provisions under this Section and may coordinate with other departments to address violations, as needed.

  (d)   The County may seek injunctive or other appropriate relief from any court with jurisdiction against a retail establishment for any repeated violations of this Article.

**Sec. 48-69. Regulations.**

  The County Executive may adopt and establish regulations to implement and enforce this Article.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 49. Streets and Roads.

### Article 1. In General.

**Sec. 49-1. Compliance with standards; regulations; penalty for violations.**

  (a)   A public road, bridge, sidewalk or bikeway must not be constructed, reconstructed, repaired, graded, improved or maintained by any person unless the construction, reconstruction, repair, improvement, grading or maintenance fully complies with this Chapter and any regulations issued under it.

  (b)   The closure of any private road must meet the standards and requirements of Chapter 22, and the owner of the private road must obtain a permit from the Department of Permitting Services if required under Section 49-11A.

  (c)   The County Executive may issue regulations under method (2) to implement this Chapter, except where a different method is specified.

  (d)   Any violation of this Chapter or any regulation issued under it is a Class B violation, except when expressly provided otherwise.

**Sec. 49-2 Resolving doubt as to location of County roads.**

  (a)   Whenever any doubt exists as to the proper location or width of a County road, the Director of Transportation may cause the road to be surveyed and a description and plat made of it and recorded in the County land records.

  (b)   Whenever possible, this description must be made by reference to the original description of the road when it was acquired by grant or condemnation, if the original description can be found.  If the original description cannot be found, then the description and plat must be made of the road as actually laid out.

  (c)   The total cost of any necessary survey must be paid by the party that requested the survey.  The total cost of a survey includes field preparation work, field surveys, office work, plat preparation, and recording time and fees.

**Sec. 49-3. Authority to classify road repairs.**

  The Director of Transportation may decide whether a road repair should be classified as maintenance or construction under this Chapter.

**Sec. 49-4. Public-private participation.**

  The County Executive may contract with any person who is developing land in the County to participate in the cost of any road, including any sidewalk, bikeway, gutter, curb or drainage construction, landscaping, traffic control device, bikeshare station, electric vehicle charging station, or placement of utilities, conduits, or other amenities in a road dedicated to public use.

**Sec. 49-5. Right to drain dedicated roads without liability to abutting owners.**

  If any road is dedicated to the use of the public by a private grant, the grant must include the right to properly drain the road, including a grant to the County of any necessary easements, without liability of the County to any abutting owner for any resulting injury.

**Sec. 49-6. Roads used for 20 years may be declared public highways.**

  Whenever any road has been used by the public for 20 or more years, though the road may never have been condemned or granted as a public road and regardless of whether the road termini are public, the County Executive may by Executive order published in the County Register declare the road to be public.

**Sec. 49-7. Authority of special taxing districts to regulate streets and roads.**

  Any special taxing district which has the authority to pave and maintain streets and roads may adopt and amend reasonable regulations under method (2) governing the construction, maintenance, improvement, grading, and repairing of the roads and streets in the district, including those dedicated for public use.

  Resolution 17-1162, adopted July 15, 2014, by the Montgomery County Council, adopts regulations governing streets for the Village of Drummond.

**Sec. 49-8. Restoration of public right-of-way.**

  (a)   The Director of Permitting Services may require any applicant for a construction permit which includes a haul route to provide bonding for the restoration, after construction is finished, of any existing improvement in the public right-of-way.

  (b)   The Director may require this bonding when the applicant is likely to deliver or remove construction materials to or from a proposed work site.

  (c)   The applicant must identify each proposed haul route from the work site to a major highway.

**Sec. 49-9. Removal of items that obstruct the vision of motorists on public highways or interfere with the use of public rights-of-way.**

  (a)   Notice to owner of property. If the Director of Transportation finds that any tree, bush, vine, undergrowth, or other obstruction, except a building or similar structure affixed to the ground, on private property poses a threat to public safety by obstructing the vision of operators of vehicles traveling on any public road, interfering with the public rights- of-way as a traffic hazard, limiting access by Fire and Rescue Service vehicles, or restricting the use by pedestrians or bicyclists of the public rights-of-way, the Director promptly must serve on the owner, agent, lessee or any other person supervising the property a written notice that:

    (1)   describes where the obstruction exists;

    (2)   describes how the obstruction impairs the vision of operators of vehicles, including bicycles, or impedes pedestrian or legal bicycle travel on the right-of- way;

    (3)   describes the steps necessary to correct such conditions; and

    (4)   directs the person receiving the notice to take corrective steps within a stated period of time.

  (b)    Reserved.

  (c)    Effect of failure to remove obstructions. When any person does not comply with any order issued under this Section within the time specified in the order, the Director of Transportation must remove all or part of the obstruction as necessary to eliminate the hazard or impediment. An agent of the Department may enter the property to take this action.

  (d)    Service of orders and notices. All orders and notices issued under this Section must be served on the person to whom they are directed either by registered or certified mail or by personal delivery. If that person is not known to reside and cannot be found in the County, service may be made by publishing the order or notice once in a newspaper of general circulation in the County and by posting it on the premises in a conspicuous manner. Service by publication and posting is completed on the day of publication or posting.

  (e)    Cost of removal when done by the Department. Whenever the Department eliminates an obstruction under this Section, the Director must file with the Department of Finance a certified statement of the cost to the County of eliminating the obstruction, together with proof of service of the notice required by subsection (a). The cost certified to the Department of Finance and any cost of publishing the notice under subsection (a) constitutes a charge and lien against the property that the County must collect in the same manner as the County collects real estate taxes.

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 49-10. Obstruction of public rights-of-way.**

  Except as provided in Section 49-11, in the public right-of-way, a person must not:

  (a)   place, maintain, use, permit, allow, or exercise control over, any object or structure;

  (b)   perform any reconstruction or maintenance work; or

  (c)   allow the erection or placement of any structure, fence, post, rock, or other object, except:

    (1)   mailboxes mounted on a support that will bend or break away on impact by a vehicle;

    (2)   individual residential newspaper boxes mounted on a support that will bend or break away on impact by a vehicle;

    (3)   street trees placed and maintained under Section 49-33(i);

    (4)   ground cover placed and maintained under Section 49-33(j);

    (5)   a temporary, removable obstruction or occupation of a right-of-way installed under a permit issued under Section 49-11; or

    (6)   as otherwise permitted by law.

  Any object placed in the public right-of-way under Section 49-10(c) must not impede use of a sidewalk or other right-of-way by pedestrians or persons in wheelchairs, or impede or endanger automobiles or other vehicles.

**Sec. 49-11. Permit to obstruct public rights-of-way.**

  (a)   Definitions. In this Section, the following terms have the meanings indicated.

    Public includes pedestrians, bicyclists, and transit users.

    Safe alternative path means an alternate sidewalk or sidepath that:

      (A)   is on the same side of the street as a temporary closure; and

      (B)   provides safe access and passage to pedestrians.

    Temporary closure means a temporary obstruction, blockage, or occupation of a right-of-way under a permit issued by the Director of Permitting Services under this Section.

  (b)   Subject to subsections (c) and (d) of this Section, the Director of Permitting Services may issue a permit to:

    (1)   reconstruct or repair a sidewalk, sidepath, driveway, curb, or other structure;

    (2)   repair, locate, or replace underground utilities or infrastructure under a sidewalk or sidepath;

    (3)   install a temporary, removable obstruction or occupation of a right-of-way;

    (4)   close a curb lane, sidewalk, or sidepath in conjunction with the construction or reconstruction of an abutting structure;

    (5)   install permanent, nonstandard structures in the right-of-way that were approved by the Planning Board, the City of Rockville, or the City of Gaithersburg in a site plan as a site element of streetscape. Streetscape means street furnishings and fixtures used by the public in the right-of-way but does not include structures or improvements for private use. The permit applicant must execute a declaration of covenants that runs with the land on which the streetscape will be installed to perpetually maintain the permitted streetscape in a good and safe condition; return the right-of way to its condition before the permitted streetscape was installed if the nonstandard permitted streetscape is removed; and indemnify the County from any cost or liability associated with the construction, maintenance, use or removal of the nonstandard permitted streetscape; or

    (6)   install a private, non-commercial structure that is accessory to a residential use. The permittee must execute a maintenance and liability agreement that is approved by the Director of the Department of Permitting Services.

  (c)   Permits for temporary obstructions. If a permit under subsection (b)(1) involves a temporary closure located in a Central Business District planning policy area, a Bicycle-Pedestrian Priority Area, an area within ½ mile of a Purple Line Station, or an area within ½ mile of a Bus Rapid Transit Station Area, the Director may issue the permit only if:

    (1)   the permit has conditions necessary to:

      (A)   minimize inconvenience to the public;

      (B)   limit the duration of the temporary closure to the minimum time period necessary; and

      (C)   assure public safety in the work area;

    (2)   the Director of Transportation approves a temporary traffic control plan under subsection (g);

    (3)   the area subject to the temporary closure is not used for vehicle parking;

    (4)   the permittee has any franchise required under Section 49-20; and

    (5)   the duration of the temporary closure complies with subsection (d).

  (d)   Time limits for temporary closures without safe alternative paths. Except as provided in subsections (e) and (f):

    (1)   a temporary closure to reconstruct or repair a sidewalk or sidepath must not exceed 6 months without the provision of a safe alternative path; and

    (2)   any other temporary closure must not exceed 15 days without the provision of a safe alternative path.

  (e)   Extensions – in general. The Director may extend a time period under subsection (d), for a time period designated by the Director, if the Director finds that:

    (1)

      (A)   based on a certification submitted by a professional engineer, construction of a safe alternative path is not possible; or

      (B)   the street is closed; and

    (2)   the extension meets minimum requirements established under Method (2) regulations, including requirements that the permit must:

      (A)   limit the temporary closure to the minimum time necessary;

      (B)   be subject to regular review by the Director to determine whether the temporary closure without a safe alternative path remains necessary; and

      (C)   if the Director determines that the temporary closure without a safe alternative path is no longer necessary, require the permittee immediately to:

        (i)   provide a safe alternative path; or

        (ii)   terminate the temporary closure.

  (f)   Short extensions for hardship.

    (1)   The Director may grant one extension of a time period under subsection (d), for no more than 15 days, on a showing by the applicant of undue hardship involving significant difficulty or expense.

    (2)   The Executive must adopt regulations under Method (3) to specify the standards a permittee must meet to demonstrate undue hardship involving significant difficulty or expense.

  (g)   Temporary traffic control plan. A temporary traffic control plan under subsection (c) must meet standards established by the Executive under Method (2) regulations, including that:

    (1)   a professional engineer must certify for the applicant that the plan minimizes inconvenience to the public, provides necessary warnings, and includes safe and reasonable pedestrian alternatives in accordance with accepted engineering standards; and

    (2)   the permit and the traffic control plan must require signage during construction to inform pedestrians about the duration of the obstruction, the permit number, and the County contact telephone number to call.

  (h)   Public access to permit information. The Director of Permitting Services must publish on the Department’s website a copy of each application received and permit granted under this section.

**Sec. 49-11A. Permit to temporarily obstruct private roads.**

  (a)   A person must not close any portion of a private road that is an urban road as defined in Section 49-32 without a permit from the Director of Permitting Services.

  (b)   The Director of Permitting Services may issue a permit for the complete or partial closure of a private road on a temporary basis if the closure does not:

    (1)   violate Chapter 22;

    (2)   interfere with use of the private road by persons with disabilities;

    (3)   impede or endanger the users of any building or structure adjacent to or abutting the private road; or

    (4)   adversely impact the use of connecting public roads.

  (c)   An application to close a private road may only be made by the owner of the private road. The owner must apply for a permit on a form prescribed by the Director of Permitting Services, submit detailed information, including the locations to be closed, duration of closure, location of required temporary closure signs, purpose of closure, and use and occupancy of all buildings or structures adjacent to or abutting the private road, and any additional information as the Director may require.

  (d)   The Director of Permitting Services may charge a fee, set by Method (3) regulation, for the permit application and may include conditions in each permit that provide for the safety of any user of a building or structure adjacent to or abutting the private road, including providing for safe alternate access to and egress from any building or structure.

  (e)   Before the Director of Permitting Services issues a permit to close a private road in whole or in part under this Section, the Director of Transportation must review or waive review of each application to ensure that closure will not adversely impact the use of connecting public roads. The Director of Transportation may recommend permit conditions to the Director of Permitting Services. The owner of a private road must submit a temporary traffic control plan that requires signage during closure to inform pedestrians about the duration of the closure, the permit number, and the owner’s contact telephone number to call that address conditions of closure as may be required by the Director of Permitting Services.

**Sec. 49-12. Exemptions from Sections 49-10 and 49-11.**

  (a)   Subject to paragraphs (1) and (2), Sections 49-10 and 49-11 do not apply to, and no permit under those Sections is required of, any municipality, special taxing district or government agency to construct streets, roads, sewers, or drainage facilities in the County over which the entity has jurisdiction.  However:

    (1)   Sections 49-10 and 49-11 apply to any road that is located in a municipality and owned or maintained by the County; and

    (2)   if the County owns or maintains a right-of-way, Section 49-11 applies to any temporary closure of the right-of-way.

**Sec. 49-13. Penalty for violation of Sections 49-10 and 49-11.**

  Any violation of Sections 49-10 and 49-11 or any permit granted under those Sections is a Class A violation.

**Sec. 49-14. Debris likely to injure persons, animals, or vehicles.**

  A person must not place or leave in or on any public road, any debris liable to cause injury or damage to any vehicle or personal property.  Any violation of this Section is a Class C violation.

**Sec. 49-15. Accumulations of soil or foreign material on roads.**

  (a)   A person must not, personally or by an agent or employee:

    (1)   cause or permit earth, soil, mud, or other foreign material to be deposited on any public right-of-way, including any public road, street, alley, sidewalk, bikeway, or parking area, or in any drain or ditch designed to carry surface water from any public right-of-way, whether the material is spilled, dropped, placed, washed, or tracked from a vehicle; and

    (2)   fail to remove immediately from the right-of-way or drain or ditch the material deposited.

  (b)   A person who owns or occupies land contiguous to any public right-of-way, including any public road, street, alley, sidewalk, bikeway, or parking area, or contiguous to any drain or ditch designed to carry surface water from a public right-of-way, knowing that earth, soil, mud, or any other foreign material has been spilled, dropped, washed, or tracked from that land onto a right-of-way or into a drain or ditch, must remove immediately from the right-of-way or drain or ditch the material so deposited.

  (c)   Any violation of this Section is a Class C violation.

**Sec. 49-16. Covered loads.**

  (a)   A person must not carry any loose or bulky material in a motor vehicle on any road, as defined in Section 49-26, unless that part of the motor vehicle in which the load is carried is:

    (1)   Fully enclosed on the bottom and all sides; and

    (2)   Covered on the top by a firmly secured cover sufficient to contain all loose or bulky material, if the vehicle does not have a roof that covers the entire area in which the load is carried.

  (b)    A cover and (for bulky material) sides are not required if the material is contained or secured by other means that prevent its escape.

  (c)    As used in this section:

    (1)   Loose material includes dirt, ash, sand, pebbles, rocks, gravel, metal, glass, wood chips, and any other substance that can readily blow off or drop from a vehicle;

    (2)   Bulk material includes bricks, cinder blocks, lumber, logs, gypsum board, barrels, pipes, furniture, and any other items that can readily drop from a vehicle.

  (d)    This Section does not apply to:

    (1)   A government agency, or a contractor hired by a government agency, that is using a motor vehicle to:

      (A)   Drop sand, salt, or other materials to improve traction;

      (B)   Spread water or another substance to clean a road; or

      (C)   Collect newspapers for recycling.

    (2)   A vehicle transporting agricultural products as harvested.

    (3)   A construction or mining vehicle only when it is:

      (A)   Crossing a highway; or

      (B)   Moving between construction barricades on a public works project.

    (4)   A fire and rescue vehicle.

**Sec. 49-17. Accumulation of snow and ice on property prohibited.**

  (a)   Legislative findings.

    (1)   During significant winter storm events, Montgomery County’s sidewalks often become impassable and covered in piles of snow that are pushed aside from the road as a result of County and State snowplows. The scope of the problem is prevalent on Montgomery County’s busiest roads, where sidewalks are often within an arm’s reach of traffic.

    (2)   These blocked sidewalks often persist for days following the end of a snowstorm, creating a significant pedestrian safety hazard that often forces pedestrians to walk in a lane with oncoming traffic.

    (3)   County law allocates the responsibility of property owners to clear snow on a public sidewalk fronting their property within 24 hours of the end of snowfall. However, such clearing rarely occurs due to a variety of reasons, including the difficulty of removing the large piles of compacted snow and ice created by plow trucks.

    (4)   The County, in its current operation, clears sidewalks in urban districts and approximately sixty (60) miles of sidewalks with no adjacent residential or commercial property owner outside of such areas.

    (5)   Snow-covered and icy sidewalks adversely affect essential workers and commuters, who often travel by foot or public transportation, and must walk along high-traffic roads to get to bus stops and retail stores.

    (6)   It is in the best interest of the County to adopt fair, reasonable and equitable legislation to address safety hazards and increase walkability access on sidewalks for pedestrians during winter storms.

  (b)

    (1)   Definitions. In this Section:

      (A)   Commercial property means real property that either:

        (i)   is not designed for or intended for human habitation; or

        (ii)   contains a multi-family dwelling of four or more units.

      (B)   Residential property means real property containing either:

        (i)   a single-family dwelling; or

        (ii)   a multi-family dwelling of three or fewer units.

      (C)   Department means the Department of Transportation.

      (D)   Non-buffered Sidewalk means a sidewalk along a roadway that does not contain a grass strip or other physical separation between the sidewalk and the adjacent curb or road edge.

      (E)   Orphan sidewalk means a sidewalk either abutting a State or County road and be located:

        (i)   adjacent to a vacant lot;

        (ii)   an overpass with no adjacent commercial or residential property adjoined; or

        (iii)   behind a residential or commercial property that is not directly accessible from the owner’s property and is separated from the sidewalk by a fence, guardrail, or change in elevation grade.

    (2)   A person is responsible for removing snow and ice on any sidewalk, sidepath, other areas intended for public pedestrian access, or parking area on or adjacent to property that the person owns, leases, or manages, to provide a pathway wide enough for safe pedestrian and wheelchair use.  For purposes of this Section, commonly owned property between a single-family residential lot and a common sidewalk or sidepath is considered part of the lot if the intervening common property includes a sidewalk, sidepath, or driveway that serves only that lot.

    (3)   Except as provided in paragraph (5), each owner, tenant, or manager is jointly and severally responsible for clearing snow and ice from the property and complying with Section 31-26A(d).

    (4)   The requirements of this Section do not apply to:

      (A)   an unpaved sidewalk;

      (B)   a private sidewalk or parking area on the property of a single-family residence;

      (C)   a public sidewalk or sidepath behind a single-family residence that is not directly accessible from the owner’s property;

      (D)   a sidewalk that:

        (i)   is at least 25 feet from vehicular traffic;

        (ii)   serves only pedestrian destinations that are also accessible by another sidewalk that this Section requires to be cleared;

        (iii)   was not routinely cleared of snow and ice after August 1999; and

        (iv)   is not the primary route for pedestrian access to a winter recreational facility open to the public; or

      (E)   any non-buffered sidewalk or path as specified under Section 49-17(j), regardless if the private property is fronting or abutting the sidewalk.

    (5)

      (A)   An individual who lives in a multi-family dwelling is not responsible for removing snow and ice from a common sidewalk, sidepath, or parking area.

      (B)   A homeowners’ association, as that term is used in State law, is not responsible for removing snow and ice from a sidewalk or sidepath adjacent to a single-family residential lot, if the lot owner is responsible under paragraph (1) for removing snow and ice from that sidewalk or sidepath.

  (c)   If ice or hardpacked snow is impossible or unreasonably difficult to remove, the person is responsible for applying sufficient sand, other abrasives, or salt to provide safe pedestrian use.

  (d)   The person is responsible for removing snow and ice within 24 hours after the end of the precipitation that caused the condition.  If a snowplow redeposits snow or ice on a sidewalk, sidepath or other area intended for pedestrian access after a person has complied with this Section, the person is not responsible for clearing the area until 24 hours after the snowplow redeposited the snow or ice.

  (e)   The County Executive must designate a department to enforce this Section and may designate other County employees or contractors to enforce this Section.

  (f)   The Executive may order a different deadline or conditions for removing snow and ice during or immediately after a severe or unusual storm or other public-safety condition.

  (g)   In addition to any other remedy or penalty for a violation of this Section, the County may clear the snow and ice and charge the responsible property owner for the cost, which the County may collect in the same manner as property taxes.

  (h)   Violations.

    (1)   A violation of this Section is:

      (A)   on or adjacent to residential property, a class C violation; and

      (B)   on or adjacent to commercial property, a class A violation subject to a civil penalty of $250 for an initial offense, with penalties for repeat offenses according to Section 1-19.

    (2)   A person authorized to enforce this Section must not issue a citation for a violation unless the violation still exists 24 hours after a notice of violation.  An authorized enforcement officer may issue the notice of violation to any person responsible under subsection (a) for clearing the snow or ice, or post the notice in a conspicuous place on the property where the violation exists.

    (3)   Each day a violation continues to exist is a separate violation, except for a violation on or adjacent to a single-family residential property.

  (i)   Sidewalk snow removal plan.  The Executive must develop, update, and publish on the County internet site a sidewalk snow removal plan allocating available resources in a fair and equitable manner throughout the County that includes a:

    (1)   digital map of the County that shows who is responsible for clearing snow and ice on each sidewalk in the County;

    (2)   “major storm event”' communications plan that addresses notice to County residents of a major storm event and the sidewalk snow and ice removal requirements in this Section;

    (3)   targeted public education campaign about sidewalk snow and ice removal for owners of property in the County;

    (4)   designation of pedestrian priority routes for targeted education and increased snow and ice removal enforcement;

    (5)   public education campaign about how to request enforcement of this Section;

    (6)   plan to provide extended hours for County personnel who receive snow and ice removal complaints during a major storm event;

    (7)   plan for removal of snow and ice on publicly owned property:

      (A)   at bus-stops and Metro stations;

      (B)   near schools;

      (C)   along State highways;

      (D)   along the highest priority pedestrian routes;

      (E)   in urban districts; and

      (F)   used for hiker-biker trails; and

    (8)   plan for trash removal during a major storm event.

  (j)   Sidewalk snow removal - Required. The Executive must implement a plan and require the Department to remove or cause to be removed snow and ice accumulation from the last day of precipitation within the following designated areas:

    (1)   orphan sidewalks; and

    (2)   non-buffered sidewalks or paths within the nineteen (19) arterial roads prescribed below:

      (A)   MD-187 Old Georgetown Road between Arlington Road and Democracy Boulevard;

      (B)   MD-355 Wisconsin Avenue between Chestnut Street and Jones Bridge Road;

      (C)   Jones Bridge Road from MD-355 to Jones Mill Road;

      (D)   Middlebrook Road between Waring Station Road and MD-118;

      (E)   MD-97 Georgia Avenue between Blueridge Avenue and Glenallen Avenue;

      (F)   MD-97 Georgia Avenue between Hewitt Avenue and Bel Pre-Road;

      (G)   MD-185 Connecticut Avenue between the Matthew Henson Trail and MD-97;

      (H)   Randolph Road between Middlevale Lane and Rock Creek;

      (I)   MD-586 Veirs Mill Road between Galt Avenue and the Matthew Henson Trail;

      (J)   MD-320 Piney Branch Road between Sligo Creek and the Prince George’s County line;

      (K)   MD-193 University Boulevard between Carroll Ave (MD-195) and the Capital Beltway (I-495);

      (L)   MD-193 University Boulevard between Arcola Avenue and Amherst Avenue;

      (M)   Flower Avenue between MD-320 and East Wayne Avenue;

      (N)   Carroll Avenue between MD-193 and MD-320;

      (O)   MD-650 New Hampshire Avenue between the Prince George’s County line and Lockwood Drive;

      (P)   Lockwood Drive between MD-650 and 11431 Lockwood Drive;

      (Q)   Tech Road between Old Columbia Pike and Broadbirch Drive;

      (R)   Old Columbia Pike between Tech Road and Briggs Chaney Road; and

      (S)   Briggs Chaney Road between Robey Road and U.S. 29.

**Sec. 49-18. Interfering with or damaging roads under construction.**

  A person must not:

  (a)   interfere with, impede, or hinder the building, repairing, improvement, or construction of any public road by traveling over the road with motor vehicles or in any other manner  that would damage or destroy the road being built, repaired, improved, or constructed; or

  (b)   interfere with building, repairing, or improving a public road; or

  (c)   tear down or destroy a public road being built, repaired, improved, or constructed; or

  (d)   tear down or destroy any barricades or lanterns which give notice to the public and all parties not to travel the portion of road being built, repaired, improved or constructed.

  Any violation of this Section is a Class C violation

**Sec. 49-19. Conversion of overhead lines to underground locations.**

  If the construction or improvement of any County road requires any person to relocate any overhead electric, telephone, or other overhead line or related facility in any County road right-of-way, the County Executive must, by regulation adopted under Method (3), require that any affected line must be installed underground if the Executive finds that underground installation is desirable after considering the following factors:

  (a)   Any fire hazard or possible interference with fire fighting equipment due to the location of the line;

  (b)   A close proximity of the line to any place where people may congregate;

  (c)   The anticipated increase of traffic on the road to be reconstructed or improved;

  (d)   The population of the area, increase in population, and future conditions reasonably anticipated in the normal course of development;

  (e)   Air traffic in the general area of the road, proximity of any airport, location of the line in an approach to an existing or anticipated runway, or other future hazard to air traffic;

  (f)   The comparative costs of relocating the line overhead and installing it underground;

  (g)   The comparative maintenance costs for overhead and underground lines;

  (h)   The comparative frequency of interruptions in service for overhead and underground lines;

  (i)   The improvement in the appearance of the area which would result from installing the line underground;

  (j)   Any location or relocation of an overhead line in a Metro Station Policy Area, Town Center Policy Area, or other area expressly identified for this purpose in a Council resolution; or

  (k)   Any other condition that affects the public convenience, health, safety, or general welfare.

  Any regulation to implement this Section must require the replacement of any street light removed during the installation of underground facilities.

**Sec. 49-19A. Permit exemption for the Purple Line.**

  (a)   The State of Maryland, including its agencies and divisions, is exempt from any permitting requirement in Chapters 8 (“Buildings”), 17 (“Electricity”), 22 (“Fire Safety Code”), and 49 (“Streets and Roads”) for the construction of:

    (1)   any portion of the Purple Line that is located within the public right-of-way under a valid franchise agreement approved by the County Council under Section 49-21; and

    (2)   any structure related to the Purple Line owned by the State of Maryland or its agencies or divisions, including any hiker/biker trail that will be owned or maintained by the County.

  (b)   However, the State of Maryland, and its agencies, divisions, and contractors, must obtain any permit required under Chapter 8, 17, 22, and 49 for the construction or alteration of any structure owned by the County, except the hiker/biker trail, or by a private person or entity.

### Article 2. Franchises.

**Sec. 49-20. Franchises for use of street; procedure for granting; notice and hearing.**

  The Council may approve a franchise for the occupation of any road or other right-of-way, either on, above, or below the surface if the following requirements are met:

  (a)   Application to be published. The applicant must publish notice of each application for a franchise once a week for 3 successive weeks in one or more newspapers of general circulation in the County, specifying:

    (1)   a summary of terms of the proposed franchise;

    (2)   the compensation the County may receive, including in-kind goods and services; and

    (3)   the location, character, and extent of the use of the right-of-way.

  (b)   Inquiry as to value. The County Executive or a designee may investigate the value of the proposed franchise and the adequacy of the compensation proposed to be paid for it.

  (c)   Hearing on objections. If any taxpayer, or any property owner whose property rights may be affected by the grant of the franchise, files an objection to the granting of the franchise in writing with the County Executive within 10 days after the last notice required by subsection (a) appears, the County Executive or a designee must hold a hearing within 15 days after the objection is filed on the proposed franchise and any objections to it.

  (d)   Recommendations of County Executive. The County Executive must, after any hearings required by this Article, forward to the Council written recommendations concerning the proposed franchise, including any Executive findings as to the value of the proposed franchise, any response to objections which have been raised, and any other relevant issues.

  (e)   As used in this Chapter, “franchise” includes any franchise, lease, license, contract, or other right or permission to use or occupy a County right-of-way.  However, “franchise” does not include an occupation of a right-of-way for which the Department of Permitting Services has issued a permit under Section 49-11.

  (f)   The Director of Permitting Services must issue a permit under this Article before a franchisee may occupy or obstruct the right-of-way.

  The state public service commission may approve the transfer of assets of a public service corporation without the County's consent, Montgomery County v. Public Service Commission, 203 Md. 79, 98 A.2d 15 (1953).

**Sec. 49-21. Council action.**

  (a)   The Council may grant a franchise for such compensation as it, after considering the recommendations of the County Executive, finds proper, for a period not longer than 25 years.  If the franchise allows the location of a permanent structure with a useful life longer than 25 years in the County right-of-way, the initial term of the franchise may exceed 25 years.

  (b)   The franchise may allow the franchisee to renew the franchise, after the County determines the value of the renewed franchise for one or more terms that each do not cumulatively exceed 25 years.

  (c)   Every grant of any franchise must provide, by forfeiture of the grant, for compelling compliance with its terms and the maintenance of the right-of-way in good condition, throughout the grant.

    (1)    the mode of determining any valuation and revaluation under this Article,

    (2)   the time limit to exercise the rights given, and

    (3)   the procedure for default for a lapse of the franchise.

  (d)   When any construction authorized by a County franchise or permit is finished, each franchisee must submit a full set of as-built drawings to the Director of Permitting Services.  The required drawings must be submitted in a hard copy format maintained by the franchisee in the ordinary course of business and in an electronic format acceptable to the Director. The required drawings must show in detail the exact as-built location of any facility installed in a County right-of-way.  The Director must keep the required drawings confidential and distribute them only to another County Department which needs them to perform essential construction, maintenance, regulatory, or security functions.

**Sec. 49-22. County to retain control.**

  When the Council grants a franchise under this Article, the County must continue to exercise full control over the franchised right-of-way.

**Sec. 49-23. Certain private rights not affected.**

  Nothing in this Article is intended to affect any private right, except as necessary to comply with this Chapter.

**Sec. 49-24. Application of funds.**

  All money received by the County under this Article must be applied to County transportation programs.

### Article 3. Road Design and Construction Code.

**Sec. 49-25. Complete streets policy and standards.**

  This Article is intended to guide the planning, design, and construction of transportation facilities in the public right-of-way.  Each transportation facility in the County must be planned and designed to:

  (a)   maximize the choice, safety, convenience, and mobility of all users, regardless of age, ability, or mode of transportation,

  (b)   maintain or expand connectivity for users,

  (c)   respect and maintain the master plan recommendations for the community where it is located,

  (d)   ensure access, convenience, safety, and investment of resources are equitably applied,

  (e)   minimize stormwater runoff and otherwise preserve the natural environment, and

  (f)   facilitate, to the maximum extent possible, the future accommodation of improved transportation technology elements, such as intelligent signals, smart parking meters, electric vehicle charging, car- and bicycle-sharing, and way-finding systems.

  To achieve these goals, each County road and street must be designed so that the safety and convenience of all intended users of the roadway system is accommodated.  Complete streets function as a road transportation network that is safe and convenient for all intended users, regardless of mode.  Stormwater management requirements, including vegetated and structural practices, may be met on-site and within the public right-of-way.  Complete streets policies must be employed in all phases of publicly or privately funded facility development, including planning, design, construction, reconstruction, and streetscaping.

  The County Executive must adopt under Method (2) a Complete Streets Design regulation that provides guidance on the planning, design, and operation of roadways for all intended users.

  This Article may be cited as the “Montgomery County Road Design and Construction Code.”

  Sections 49-25, 49-26, 49-27, 49-28, 49-29, 49-31, 49-33, 49-34, 49-35, 49-36, 49-37, 49-41, 49-39, 49-40, 49-41, and certain repealed sections [formerly §§ 93-6 through 93-19] are cited in Perlmutter v. Bacas, 219 Md. 406, 149 A.2d 23 (1959).

**Sec. 49-26. Definitions.**

  In this Chapter, except where specified otherwise, the following words and phrases have the meanings indicated:

  Bikeway means any area expressly intended for bicycle travel, including associated curbs and gutters and any:

  (a)   Bike lane means a portion of a roadway designated by striping, signing, or pavement markings for the preferential or exclusive use of bicycles, and on which travel by motor vehicles is not allowed.

  (b)   Off-street trail means paths located outside of the road right-of-way that provide two-way travel for people walking, bicycling and using other non-motorized modes. This facility was formerly referred to as a “shared use trail.”

  (c)   Separated bike lane, also known as a protected bike lane or cycle track means an exclusive bikeway that is physically separated from motor vehicles and distinct from the sidewalk. A separated bike lane may be in a one-way or two-way configuration.

  (d)   Shared use roadway means a roadway open to both bicycle and motor vehicle travel and which is designated as a preferred route for bicycle use by warning or informational signs.

  (e)   Sidepath means a paved path that is located parallel to and within the road right-of-way.  Sidepaths provide two-way travel routes designated for walking, bicycling, jogging and skating.  Sidepaths are separated from motorized traffic by a curb, barrier, or landscape panel.  This facility was formerly referred to as a “shared use path”.

  Complete streets means streets that are planned, designed, and constructed to enable safe access for all intended users, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities, commercial vehicles, freight haulers, and emergency service vehicles.

  Complete streets infrastructure means any design feature that contributes to a safe, convenient, and comfortable travel experience, which may include such features as sidewalks; sidepaths, bike lanes, and separated bike lanes; bike stations and bike storage facilities; narrow motor vehicle lanes and tight curb radii; street trees, planting strips, and other right-of-way landscaping; curbs and accessible curb ramps; curb extensions, crosswalks, and refuge islands; raised medians; pedestrian and traffic signals, including countdown and accessible signals; signage; streetlighting; street furniture; bicycle parking facilities;  stormwater management; public transportation stops and shelters; dedicated transit lanes; and traffic calming devices.

  Construction and constructed include “reconstruction” and “reconstructed” but not “maintenance,” and include grading, installation of drainage structures, paving, curbs and gutters, curb returns, sidewalks and other areas intended for pedestrian access, bikeways, driveway entrances, guardrails, retaining walls, sodding, and planting.

  Curb extension means an area that extends the line of a curb into a parking lane, reducing the width of a street.

  Curbside Width means the area beyond each curb necessary for sidewalks, sidepaths, street trees and other landscaping, streetlights, utilities, and other elements.

  Dedication plat means any plat conforming to law, duly recorded in the County land records, which has the legal effect of dedicating one or more rights-of-way to public use.  If the plat was recorded after the Maryland-National Capital Park and Planning Commission was created, and the property is located in the Commission’s jurisdiction, the Commission must have approved the plat.

  Design standard means the standard adopted by regulation under this Article for each type of road, as defined in Section 49-31, except Freeways and Controlled Major Highways, which shows typical cross-sections and other dimensions to which the road must conform.

  Director means the Director of Transportation or the Director of Permitting Services, as specified, and each Director’s designee.

  Drainage structure means any culvert, bridge, storm drain, storm sewer, catch basin, canal, channel, inlet, ditch, or subsurface drain, and any other structure or watercourse designed to convey surface or other waters.

  Dual road means any road in which the travel directions are separated by a median.

  Forest conservation plan means a plan for the retention, afforestation, or reforestation of forest and trees approved under Chapter 22A.

  Ground cover means low-maintenance, non-invasive, leafy, grassy, or woody vegetation that covers and holds soil.

  Maximum target speed means the maximum speed at which vehicles should operate on a thoroughfare in a specific context, consistent with the level of multimodal activity generated by adjacent land uses, to provide mobility for motor vehicles and a safe environment for pedestrians and bicyclists.

  Private Road means any road or any segment of a road, including any sidewalk, sidepath, or other area intended for pedestrian access adjacent to the private road that has not been deeded, dedicated or otherwise permanently appropriated to the public for public use or County maintenance.

  Protected Crossing means specific traffic control devices that improve the safety and comfort of pedestrians and bicyclists crossing streets by reducing or eliminating conflicts, as well as increasing stopping and yielding for pedestrians and bicyclists, using measures such as traffic signals (full signals with pedestrian signals), pedestrian hybrid (HAWK) beacons, all-way stop control, or grade-separated crossings.

  Reconstruct and reconstruction include any change in the width, alignment, or design of a road or other structural features within or along a roadway but does not include resurfacing a road, bikeway, or sidewalk without any change in its width.

  Road means any road, street, highway, avenue, boulevard, lane, alley, bridge, sidepath, sidewalk, viaduct, or any segment of any of them, and any related storm drain and stormwater management facility.

  Rural area means an area designated as the Rural East and Rural West policy areas in the Growth and Infrastructure Policy.

  Sidewalk means any portion of the right-of-way for a County road that is expressly intended for pedestrians, including pedestrian ramps.

  Specimen tree means any tree with a diameter measured at 4.5 feet above the ground of 30 inches or more, or any tree with 75% or more of the diameter of the current champion tree of that species, as designated by the County Forest Conservation District Board.

  Speed hump means a parabolic or flat-top device used to create vertical deflection along a roadway for traffic calming purposes.  These may include wheel gaps that allow target vehicles to pass through unaffected or flat-top devices may include crosswalks.

  Street tree means a tree that is listed in the design standards as acceptable for planting in a public right-of-way.  In a private road right-of-way or easement, a tree listed as acceptable for planting in the Planning Board technical manual for forest conservation.

  Subdivision means the division or assemblage of a lot, tract or parcel of land into one or more lots, plots, sites, tracts, parcels, or other divisions for immediate or future rental, sale, or building development. Subdivision includes a re-subdivision, but not a division or partition of land for agricultural purposes.

  Transitway means a right-of-way for use exclusively by public transit vehicles.

  Urban area means areas depicted in the Master Plan of Highways and Transitways as amended, or by any replacement functional, master, or sector plan that defines urban areas or urban road code boundaries.

**Sec. 49-27. Applicability of Article.**

  This Article applies to all roads in the County, except any:

  (a)   state road;

  (b)   federal road;

  (c)   road located in any park under the jurisdiction of the Maryland-National Capital Park and Planning Commission;

  (d)   private road; or

  (e)   municipally owned and maintained road.

  Nothing in this Article prevents the County from building, and assessing the cost of, any  drainage structure, curb or gutter, sidewalk, sidepath, curb return, or sidewalk and driveway entrance, along a state or federal road.

**Sec. 49-28. Standards and specifications.**

  (a)   Except as otherwise provided in this Article, the construction of all roads must conform to the standards and specifications in this Article or any regulation adopted under this Article. As used in this Article, “standards” means County design standards including the regulation adopting the complete streets design, and “specifications” means the most recent state standard specifications for road construction and materials. When no County standards or specifications are applicable, the County will apply the current guidance published by the American Association of State and Highway Transportation Officials (AASHTO) or National Association of City Transportation Officials (NACTO).

  (b)   The Executive may set a fee by Method (3) regulation for the review of any plan or document submitted under Chapter 50 or this Chapter.  Each fee must be based on the costs of reviewing any plan or document and any staff participation in the subdivision process.  The Department must provide a copy of each fee regulation to the Planning Board.

  (c)   The Department of Transportation must make available to the public, free or at a reasonable cost, an up-to-date copy of all applicable County road design standards and specifications.

**Sec. 49-29. Pedestrian sidewalks, bikeways, and wheelchair traffic.**

  (a)   The County must construct bikeways and sidewalks when it is constructing, reconstructing, or relocating a County road, except:

    (1)   any sidewalk or sidepath in front of a lot that is larger than 25,000 square feet for a single-family detached dwelling in a rural zone;

    (2)   any sidewalk or sidepath on any roadway that is classified as rustic or exceptional rustic;

    (3)   any sidewalk or sidepath on a neighborhood street or neighborhood yield street serving fewer than 75 dwelling units if the Planning Board and Department of Transportation find that a sidewalk is not expected to be necessary for pedestrian movement;

    (4)   any sidewalk if the site is located in an environmentally sensitive area with limits on the amount of impervious surface allowed.

    Each bikeway and sidewalk must conform to approved capital improvements programs and be consistent with applicable area master plans and transportation plans adopted by the Planning Board.

  (b)   To promote the safety of bicycle and wheelchair travel throughout the County, the County Executive must adopt, by Method (3) regulation, standards and specifications to build and maintain ramps at curbed intersections and stormwater gratings and other openings along roads and streets, in each case of a design and type that is not a hazard to bicycle and wheelchair traffic and is consistent with Americans with Disabilities Act best practices guidelines published by the United States Department of Justice.  These ramps, gratings, and openings must be built and maintained as part of each project under subsection (a).

**Sec. 49-30. Traffic calming.**

  (a)   The Director of Transportation must consider installing traffic calming and bicycle- and pedestrian-friendly design features on any area connector, neighborhood connector, neighborhood street, or neighborhood yield street over 1,000 feet long, downtown street, town center street, and industrial street.  Traffic calming features include raised crosswalks and raised intersections, traffic circles, medians, pedestrian refuge islands, curb extensions, smaller centerline radii, parking cut-outs, chicanes, other forms of horizontal or vertical deflection, and special paving and streetscaping in central business districts or other commercial areas.

  (b)   Speed hump location and placement:

    (1)   speed humps that are 12 feet wide may be built on any neighborhood street, neighborhood yield street, or alley, but must be spaced at least 500 feet from any other hump and 200 feet from any intersection;

    (2)   speed humps that are 22 feet wide may be built on any downtown street, town center street, or shared street, but must be spaced at least 500 feet from any other hump and 200 feet from any intersection;

    (3)   speed humps that are 22 feet wide may be built on a downtown boulevard, town center boulevard, area connector, neighborhood connector, rustic or exceptional rustic road, or industrial street, but must be spaced at least 750 feet from any other hump and 300 feet from any intersection; and

    (4)   before speed humps are installed in any road, all other requirements specified in applicable regulations must be met.

**Sec. 49-31. Classification of roads.**

  (a)   In this Article and the regulations adopted under it, County area types are as follows until subsequently designated by functional plans, master plans, or sector plans:

    (1)   A downtown area consists of areas with the highest intensity of development.  These areas are:

      (A)   Bethesda CBD;

      (B)   Friendship Heights CBD;

      (C)   Silver Spring CBD;

      (D)   Wheaton CBD;

      (E)   White Flint Sector Plan area;

      (F)   White Flint 2 Sector Plan area west of the CSX Metropolitan Branch;

      (G)   Life Science/FDA Village area of the 2014 White Oak Science Gateway Master Plan;

      (H)   Life Science Center Districts in the 2010 Great Seneca Science Corridor Master Plan: LSC Belward, LSC North, LSC Central and LSC West districts; and

      (I)   Rock Spring Sector Plan.

    (2)   A town center area consists of areas with moderate to high development intensity.  These areas are:

      (A)   Burtonsville urban area;

      (B)   Cabin Branch urban area;

      (C)   Chevy Chase Lake urban area;

      (D)   Clarksburg Town Center urban area;

      (E)   Damascus urban area;

      (F)   Forest Glen/Montgomery Hills Sector Plan urban area;

      (G)   Germantown Town Center urban area;

      (H)   Glenmont urban area;

      (I)   Grosvenor urban area;

      (J)   Kensington urban area;

      (K)   Langley Crossroads urban area;

      (L)   Life Science Center South in Great Seneca Science Corridor urban area;

      (M)   Lyttonsville Station urban area;

      (N)   Olney Town Center urban area;

      (O)   Piney Branch urban area;

      (P)   Shady Grove urban area;

      (Q)   Twinbrook urban area;

      (R)   Veirs Mill-Randolph urban area in Veirs Mill Corridor Master Plan;

      (S)   Washingtonian Town Center in Great Seneca Science Corridor urban area;

      (T)   Westbard Sector Plan urban area;

      (U)   White Flint 2 Sector Plan area east of the CSX Metropolitan Branch;

      (V)   White Oak Science Gateway urban area excluding Life Sciences/FDA Village Center; and

      (W)   Woodside Station urban area.

    (3)   A country area is located within the designated Rural area.

    (4)   An industrial area is an area with predominantly industrial zoning.

    (5)   A suburban area is an area with predominantly residential zoning that is not already a downtown, town center, industrial, or country area.

    (6)   These areas may be created, eliminated or modified by functional plans, master plans, or sector plans.

    (7)   Roads are included in the area within which they are located.  Roads bordering on two areas will be assigned to the area with the greater development intensity.

  (b)   Each road must be assigned a County classification and a federal classification.  Federal classifications are assigned in accordance with the most recent edition of the Federal Highway Administration Highway Functional Classification typologies.

  (c)   County classifications are:

    (1)   A Freeway is a road meant exclusively for through movement of vehicles at a high speed.  Access must be limited to grade-separated interchanges.

    (2)   A Controlled Major Highway is a road meant exclusively for through movement of vehicles at a lower speed than a Freeway.  Access must be limited to grade-separated interchanges or at-grade intersections with public roads.

    (3)   A Parkway is a road meant exclusively for through movement of vehicles at a moderate speed.  Access must be limited to grade-separated interchanges and at-grade intersections.  Any truck with more than four wheels must not use a Parkway, except in an emergency or if the truck is engaged in Parkway maintenance.

    (4)   A Downtown Boulevard is a road in a downtown area that serves a high volume of vehicles, pedestrians, bicyclists, or transit users.  Access to abutting properties is allowed but not preferable.  These roads were previously classified as major highways and arterials.

    (5)   A Downtown Street is a road in a downtown area that serves a large share of pedestrians, bicyclists, or transit users.  This road type is meant for circulation in commercial and mixed-use zones.  Access to abutting properties is expected.  These roads were previously classified as business streets.

    (6)   A Boulevard is a road that typically connects employment and entertainment centers, civic, commercial, and institutional land uses, and may also provide cross-county and regional connections.  Pedestrian, bicycle, and transit users are to be accommodated.  Some access to abutting properties is expected.  These roads were previously classified as major highways and arterials.

    (7)   A Town Center Boulevard is a road in a town center area that serves a moderate to high volume of vehicles, pedestrians, bicyclists, or transit users.  Access to abutting properties is allowed but generally not preferable.  These roads were previously classified as major highways and arterials.

    (8)   A Town Center Street is a road in a town center area that serves a larger share of pedestrians, bicyclists, or transit users.  This road type is meant for circulation in commercial and mixed-use zones.  Access to abutting properties is expected.  These roads were previously classified as business streets.

    (9)   An Area Connector is a two-lane street in a suburban area that typically connects employment and entertainment centers, civic, commercial, and institutional land uses, and may also provide limited regional connectivity and serve primary circulation in residential zones.  These roads were previously classified as minor arterials.

    (10)   A Neighborhood Connector is a street in a suburban area providing primary circulation in residential zones and may also enable traffic to pass through a neighborhood.  These streets were previously classified as primary residential streets.

    (11)   A Neighborhood Street is a street that provides internal circulation within suburban areas.  Access to abutting properties is expected.  These streets were previously classified as secondary and tertiary residential streets.

    (12)   A Neighborhood Yield Street is a Neighborhood Street that is designed as a bi-directional one-lane street.

    (13)   An Industrial Street is a road meant for circulation in areas consisting predominantly of industrial zones.

    (14)   A Country Connector is a road in a country area that was previously classified as major highways, arterials, or country arterials.

    (15)   A Country Road is a low intensity road in a country area.

    (16)   An Alley is a right-of-way intended to provide secondary access to the rear or side of lots or buildings and not intended for transporting through traffic.  An alley may be used to provide primary vehicular access if the Planning Board and the Director of Transportation concur that the dimensions and specifications proposed in a project, preliminary subdivision, or site plan would provide adequate primary vehicular access.  An Alley is a Residential Alley if serving only residential zones, or a Commercial Alley if serving any non-residential zones.

    (17)   A Rustic Road or an Exceptional Rustic Road means a road classified as such under Article 8.

    (18)   A Residential Shared Street or Commercial Shared Street is a street designed to create a shared traffic environment where pedestrians, bicyclists, and other non-motorized traffic may comfortably occupy the same space as motor vehicle traffic.  These streets prioritize pedestrian and bicycle movement by slowing vehicular speeds and communicating clearly through design features that motorists must yield to all other users.  A Shared Street is a Residential Shared Street if serving only residential zones, or a Commercial Shared Street is serving any non-residential zones.

  (d)   County classifications are assigned as follows until the roads are re-designated by functional plans, master plans, or sector plans.  The number of lanes is defined as the number of through lanes for motor vehicles and is tallied based on the number of planned lanes for that road, or the number of existing lanes if not specified by any functional plan, master plan, or sector plan.

    (1)   Freeways retain their classifications as Freeways.

    (2)   Controlled Major Highways retain their classifications as Controlled Major Highways.

    (3)   Parkways retain their classifications as Parkways.

    (4)   Major highways:

      (A)   Major highways located in a downtown area are classified as Downtown Boulevards.

      (B)   Major Highways located in a town center area are classified as Town Center Boulevards.

      (C)   Two-lane Major Highways located in a country area are classified as Country Connectors.

      (D)   Two-lane Major Highways located in a suburban area are classified as Area Connectors.

      (E)   All Major Highways not addressed by (A) through (D) are classified as Boulevards.

    (5)   Arterials:

      (A)   Arterials with four or more lanes located in a downtown area are classified as Downtown Boulevards.

      (B)   Arterials with fewer than four lanes located in a downtown area are classified as Downtown Streets.

      (C)   Arterials with more than two lanes located in a town center area are classified as Town Center Boulevards.

      (D)   Arterials with two lanes located in a town center area are classified as Town Center Streets.

      (E)   Arterials located within a country area are classified as Country Connectors.

      (F)   Two-lane Arterials located in a suburban area are classified as Area Connectors.

      (G)   All Arterials not addressed by (A) through (F) are classified as Boulevards.

    (6)   Minor Arterials:

      (A)   Minor Arterials with four or more lanes located in a downtown area are classified as Downtown Boulevards.

      (B)   Minor Arterials with fewer than four lanes located in a downtown area are classified as Downtown Streets.

      (C)   Minor Arterials with more than two lanes located in a town center area are classified as Town Center Boulevards.

      (D)   Minor Arterials with two lanes located in a town center area are classified as Town Center Streets.

      (E)   Minor Arterials located within a country area are classified as Country Connectors.

      (F)   All Minor Arterials not addressed by (A) through (E) are classified as Area Connectors.

    (7)   Business District Streets:

      (A)   Business District Streets with four or more lanes located in a downtown area are classified as Downtown Boulevards.

      (B)   Business District Streets with fewer than four lanes located in a downtown area are classified as Downtown Streets.

      (C)   Business District Streets with more than two lanes that are not located in a downtown area are classified as Town Center Boulevards.

      (D)   Business District Streets with two lanes that are not located in a downtown area are classified as Town Center Streets.

    (8)   Industrial Streets retain their classification as Industrial Streets.

    (9)   Primary Residential Streets:

      (A)   Primary Residential Streets located in a country area are classified as Country Roads.

      (B)   Primary Residential Streets not located in a country area are classified as Neighborhood Connectors.

    (10)   Secondary Residential Streets are classified as Neighborhood Streets.

    (11)   Tertiary Residential Streets are classified as Neighborhood Streets.

    (12)   Country Arterials are classified as Country Connectors.

    (13)   Country Roads retain their classifications as Country Roads.

    (14)   Shared Streets with entirely residential zoning along its frontage are classified as a Residential Shared Street.

    (15)   Shared Streets with any non-residential zoning along its frontage are classified as a Commercial Shared Street.

    (16)   Alleys retain their classifications as Alleys.

    (17)   Rustic Roads retain their classifications as Rustic Roads.

    (18)   Exceptional Rustic Roads retain their classifications as Exceptional Rustic Roads.

    (19)   If, after consultation with the staff of the Planning Board, the Department of Transportation determines that the criteria under (d)(1) through (d)(18) are not suitable for a particular road, the Department may determine that a more context-sensitive classification or transition length applies in lieu of the default classifications.

**Sec. 49-32. Design standards for types of roads.**

  (a)   The design standards adopted under this Article govern the construction or reconstruction of any County road except Rustic Roads and Exceptional Rustic Roads.  If the Planning Board, in approving a subdivision or site plan, finds that a waiver from any applicable design standard is necessary to promote context-sensitive design of a specific road, the Executive or the Executive’s designee must adopt the Board’s recommendation unless the Executive or the Executive’s designee notifies the Board why approving the waiver would significantly impair public safety.  The County Council may adopt alternative standards for a specific road constructed or reconstructed in a project in the approved capital improvements program.

  (b)   A limited segment of a County road may be designed to vary slightly from the applicable standards, criteria, or specifications, as necessary to adjust to site-specific conditions, as long as the road’s typical cross-section and other attributes conform to the applicable standards, criteria, or specifications.  The regulations adopted under this Article must include a process by which the Department that approves a limited design variance under this subsection regularly notifies other affected County departments, the Planning Board, and the public of each variance.

  (c)   The minimum right-of-way for a road may be specified in the most recent applicable functional plan, master plan, or sector plan for the area where the road is located.  Minimum rights-of-way generally do not include continuous features along a typical section, and account for parking, drainage and stormwater management, spot conditions such as auxiliary lanes or transit stations, or infrastructure at intersections such as signal equipment and protected intersections.  If a minimum right-of-way for a particular road is not specified in a functional plan, master plan, or sector plan, the minimum right-of-way must be:

    (1)   80 feet for a Downtown Street;

    (2)   80 feet for a Town Center Street;

    (3)   70 feet for an Area Connector;

    (4)   70 feet for a Neighborhood Connector;

    (5)   60 feet for a Neighborhood Street;

    (6)   50 feet for a Neighborhood Yield Street;

    (7)   80 feet for an Industrial Street;

    (8)   74 feet for a Country Connector;

    (9)   70 feet for a Country Road;

    (10)   20 feet for an Alley serving any non-residential zoning;

    (11)   16 feet for an Alley serving only residential zoning;

    (12)   40 feet for a Commercial Shared Street;

    (13)   40 feet for a Residential Shared Street.

  (d)   Grass shoulders must be load bearing at any specific location designated by the Director of Permitting Services after consulting the Fire Chief and Director of Transportation.

  (e)   Unless otherwise specified in this Article, each grading, drainage structure, paving, shoulder, landscaping, and traffic control must be installed as provided in the latest applicable County design standards, storm drain criteria, and specification.  Unless extenuating circumstances would result in a safety hazard, when a road is resurfaced the road must also be restriped to meet any applicable lane width standard and may include bike lanes where appropriate.

  (f)   The curb radius at the corner of each intersection is 15 feet. Exceptions to these requirements may be allowed as follows:

    (1)   A maximum 10-foot corner radius is required at intersections where all intersecting streets are Area Connectors, Neighborhood Connectors, Neighborhood Streets, or Neighborhood Yield Streets;

    (2)   A larger corner radius is acceptable where there is a curb extension;

    (3)   A 25-foot radius is acceptable where at least one street is an Industrial Street;

    (4)   A larger corner radius is needed to serve the design vehicle and control vehicle with consideration of the allowable encroachment defined by the Complete Streets Design regulation; or

    (5)   A road improvement required by a subdivision or site plan would significantly impair public safety.

  (g)   Each pedestrian refuge must be at least 6 feet wide.  A pedestrian refuge must be located at each intersection approach along a divided highway with 6 or more through travel lanes.

  (h)   Unless otherwise specified in a functional plan, master plan, sector plan, or the approved capital improvements program, the maximum target speed for a road must be:

    (1)   25 mph for a Downtown Boulevard;

    (2)   20 mph for a Downtown Street;

    (3)   35 mph for a Boulevard, except 25 MPH if in an Urban Area;

    (4)   30 mph for a Town Center Boulevard, except 25 MPH if in an Urban Area;

    (5)   25 mph for a Town Center Street;

    (6)   25 mph for an Area Connector;

    (7)   20 mph for a Neighborhood Connector;

    (8)   20 mph for a Neighborhood Street;

    (9)   20 mph for a Neighborhood Yield Street;

    (10)   25 mph for an Industrial Street;

    (11)   40 mph for a Country Connector;

    (12)   between 20 to 35 mph for a Country Road;

    (13)   between 45 to 55 mph for a Major Highway;

    (14)   case-by-case determinations for Alleys, and Shared Streets; and

    (15)   30 mph for Rustic Roads, and Exceptional Rustic Roads.

**Sec. 49-33. Road construction and reconstruction requirements.**

  (a)    If alternative standards and specifications are allowed in Section 49-32, any one alternative may be selected by the applicant for a permit, subject to the approval of the Director of Permitting Services.

  (b)    The Department of Transportation must erect, or order a permittee to erect, name signs at each road intersection.  If the Director of Transportation finds that traffic control or vehicular or pedestrian safety so requires, the Director may order a permittee to install traffic control signs, markings, or other devices on any right-of-way that will be publicly maintained.

  (c)   If a preliminary drainage study indicates that a minimum right-of-way or storm drain easement width required in this Article is inadequate to properly drain a particular road, the Department of Permitting Services may require any additional right-of-way or storm drain easement necessary for proper drainage.  The Department must notify the permittee of any added right-of-way before a dedication plat is approved by the Planning Board (or equivalent body in any municipality with land use authority) and recorded in the County land records, and must notify the permittee of any added easement when it approves a right-of-way permit.

    (1)   If a lot or lots front on a public road, the permittee must provide sufficient drainage easements to allow for the safe conveyance of stormwater from the public right-of-way to either an approved outfall or an approved public structure.

  (d)

    (1)   If a lot or lots front on a public road, the permittee must construct sidewalks, master- planned bikeways, ramps, curbs, and gutters, except:

      (A)   any sidewalk or sidepath in front of a lot that is larger than 25,000 square feet for a single-family detached dwelling in a rural area;

      (B)   any sidewalk or sidepath on any roadway that is classified as rustic or exceptional rustic;

      (C)   any sidewalk or sidepath on a neighborhood street or neighborhood yield street serving fewer than 75 dwelling units if the Planning Board and Department of Transportation find that a sidewalk is not expected to be necessary for pedestrian movement;

      (D)   any sidewalk if the site is located in an environmentally sensitive area with limits on the amount of impervious surface allowed if the Planning Board and Department of Transportation find that a sidewalk is not expected to be necessary for pedestrian movement; or

      (E)   any sidewalk or sidepath on a neighborhood street, neighborhood yield street, or service drive where the Department of Permitting Services finds that a sidewalk or sidepath is infeasible, will not connect to other sidewalk segments within the foreseeable future, or qualifies for fee payments in lieu of construction under Section 49-40; or

      (F)   any sidewalk or master-planned bikeway where the Planning Board establishes criteria to accept a payment in lieu of a transportation improvement.

    (2)   However, the Planning Board may require the applicant to install sidewalks, bikeways, ramps, curbs, and gutters if the Board finds, as a condition of approval of a preliminary subdivision plan or site plan, that sidewalks, bikeways, ramps, curbs, and gutters at that location are necessary to allow access:

      (A)   to an existing or planned sidewalk or bikeway;

      (B)   to a bus or other public transit stop;

      (C)   to an amenity or public facility that will be used by occupants of the site or subdivision; or

      (D)   by persons with disabilities.

      Before the Planning Board approves any requirement under this paragraph, the Board must give the Departments of Permitting Services and Transportation a reasonable opportunity to comment on the proposed requirement.

  (e)   The construction of half roads or any road of less than the width required by this Article is prohibited except as permitted in Section 49-40.  Construction of such portions of roads is permitted if the dedicated portion of the road established by a dedication plat and recorded in the County land records before August 15, 1950 is wide enough to permit the grading and construction of paving 20 feet wide with curbs, gutters, and sidewalks required for the type of road.

  (f)   A road must not be constructed unless it connects with an existing public road at one end.  A road must not be constructed short of an intersection unless it connects with an existing public road or the dedication of the right-of-way ends short of an intersection.  If any road construction ends at or goes through an intersection, the intersection must be completed.  If a road ends at other than an intersection or a point of connection with an existing road, a turnaround such as a cul-de-sac must be provided.  Each turnaround must be graded, paved, and include appropriate drainage structures and temporary curbs if required by the Department of Permitting Services.

  (g)   If drainage structures are required for any particular class of road, the Planning Board must require the applicant to install or construct drainage structures that the Board finds are necessary or appropriate, after reviewing a preliminary drainage study approved by the Department of Transportation, in accordance with applicable design standards and specifications.

  (h)   Driveway entrances to individual lots must be required if the Planning Board finds that off- street parking facilities are necessary and practicable.

  (i)   Street trees.

    (1)   On public road rights-of-way, street trees must be planted in accordance with design standards of the Department of Transportation.  On private road rights-of-way and easements, street trees must be planted in accordance with the technical manual adopted by the Planning Board under Chapter 22A.

    (2)   The Department of Permitting Services, the Department of Transportation, and the staff of the Planning Board should coordinate the specific location and species of street tree plantings to promote compatibility of the plantings with road function and safety, signage, maintenance, appropriate visual buffering, utilities, other public or private improvements, and aesthetic considerations related to streetscape design.

  (j)   Ground cover.

    (1)   A property owner may plant and maintain ground cover in a public right-of-way adjacent to the owner’s property if the owner:

      (A)   complies with County regulations;

      (B)   maintains the ground cover to prevent any obstruction of the public right-of- way prohibited under Section 49-10; and

      (C)   holds the County harmless for any damage to the ground cover, and any damage or injury caused by the ground cover.

      However, ground cover in a public right-of-way adjacent to the owner’s property must not be planted where it will reduce public safety or impede travel.

    (2)   In this subsection, property owner or owner includes each person with a legal interest in the property and any successor to that person’s interest.

    (3)   The County Executive must adopt Method (3) regulations that define the design and maintenance standards applicable to this Section.

    (4)   Except as provided in paragraph (1), this subsection does not impair the County’s right to enter, maintain, occupy, or otherwise control any public right-of-way for any purpose.

  (k)   Curbs and gutters.

    (1)   A person must not install any curb or gutter in any portion of a road that is located in:

      (A)   an environmentally sensitive watershed area, including a Class III, Class IV, or high-quality Class I watershed, as designated by the Maryland Department of the Environment; or

      (B)   an area that the Department of Environmental Protection designates as environmentally sensitive, after giving the Department of Transportation and the Planning Board a reasonable opportunity to comment.

    (2)   The Director of Permitting Services may allow a person to install curbs and gutters in a portion of a road located in an area listed in paragraph (1), after giving the Planning Board a reasonable opportunity to comment, if:

      (A)   installing curbs and gutters will not significantly degrade water quality in the area;

      (B)   curbs and gutters are necessary for vehicular or pedestrian safety or the proper grading or maintenance of the road, or to reduce the environmental impact of the road on any park, forest, or wetland; and

      (C)   a preliminary subdivision plan or site plan approved by the Planning Board for the land abutting the portion of the road where curbs and gutters may be installed expressly permits the curbs and gutters to be installed, if either plan is required for the land in question.

**Sec. 49-34. Construction by County.**

  (a)    The County must not construct any road unless:

    (1)   the County has previously acquired the right-of-way for the road, or the right-of way has been dedicated to public use by appropriate recording in the County land records; and

    (2)   the cost of the road will be charged against the benefitted property in accordance with Sections 49-51 to 49-61 and subsection (c) of this Section.

  (b)   Nothing in this Article prohibits the County from constructing a road under a contract with a municipality or an agreement between the County and another government agency.

  (c)    If a road is constructed as a “front foot assessment” project under Sections 49-51 to 49-61, the cost chargeable and assessed to the benefitted abutting properties must be all costs of construction, including costs of design and of acquiring land or any interest in land for right-of-way.

  (d)    All costs in excess of the special benefit to the abutting property or otherwise waived in this Article must be borne by the County.

  (e)   The County Executive may authorize the construction of sidepaths or sidewalks to serve general community needs.  Whenever a sidewalk or sidepath is built in a right-of-way where there is no pavement or other road construction, building the sidewalk or sidepath does not mean that the County is responsible for maintaining any part of the right-of-way except the sidewalk or sidepath.

**Sec. 49-35.Right-of-way permit.**

  (a)

    (1)   A permit is required from the Director of Permitting Services for any work within the public right-of-way.  Any permit issued for roadside tree work must comply with Section 49-36A.  In this Article, “roadside tree” means any plant that has a woody stem or trunk which grows all, or in part, in the right-of-way of any County public road.

    (2)   In this Section and Sections 49-36, 49-36A, and 49-37, unless otherwise specified, Director refers to the Director of Permitting Services and Department refers to the Department of Permitting Services.

    (3)   Permit applicants must use forms prescribed by the Director, submit detailed plans and specifications, and include locations and record plats approved by the Department and the Planning Board.

    (4)   If the proposed activity requires a sediment control permit, the Department must issue the permit before any activity occurs under a permit issued under this subsection.  The State Highway Administration must approve any action under its jurisdiction before the Director may approve the permit.

    (5)   As a requirement to issue a permit under this Section, the Director may require the applicant to designate and bond a haul route for construction materials, as described in Section 49-8.

  (b)   The Director must collect a fee, set by Method 3 regulation, for each right-of-way permit application.  However, the Director must not collect a fee for any permit to:

    (1)   remove or prune a tree that endangers a person or property;

    (2)   remove a stump in the right-of-way;

    (3)   plant a tree; or

    (4)   install a sign identifying a geographic area in the right-of-way if:

      (A)   the primary applicant is an unincorporated or non-profit civic or homeowners’ organization that is either:

        (i)   listed on the Planning Board’s most recent list of civic and homeowners associations; or

        (ii)   exempt from federal income taxes and shows that its annual revenue during its most recent fiscal year did not exceed an amount set by a regulation;

      (B)   in a homeowners’ association, maintenance responsibility of all common areas has been transferred from the developer; and

      (C)   the proposed sign would be smaller than a maximum size set by regulation.

  (c)   Before an applicant begins any road, sidewalk, sidepath, bikeway, curb and gutter, driveway, retaining wall, steps, or drainage project, on a road or within the boundaries of a dedication to public use, the applicant for a permit to undertake any such project must pay to the County an inspection and engineering fee set by the County Executive by Method (3) regulation.

  (d)    If any such project is solely a grading project, the applicant must pay an inspection and engineering fee to the County if Department staff does the engineering work on the project and an inspection fee if the applicant submits the engineering work.

  (e)    Any violation of this Section is a Class A violation.

  (f)    The Director must refund half the fees required by this Section to the applicant if a permit is rejected or withdrawn before construction begins. If an applicant proposes to undertake a project using materials, standards, or specifications superior to those required under this Article, the fees charged must be computed on the estimated cost of the project as if it met those requirements.

  (g)   A person, including any utility corporation, must not cut within the right-of-way to install, replace, or maintain or connect any underground gas, electric power, or telephone line, or any other underground infrastructure, without a permit from the Director.  The Director must supervise all backfilling and repaving of utility trenches to assure that the permittee complies with all applicable specifications.  The permittee must restore the right-of-way to its prior condition.

  (h)   An aggrieved person may file an appeal with the County Board of Appeals from a denial, suspension, or revocation of a permit issued under this Section within 10 days of the denial, suspension, or revocation.

**Sec. 49-36. Permit conditions and procedures.**

  Each permit issued under Section 49-35 must be subject to the following conditions:

  (a)   Irrespective of the plans and specifications filed with the application, the actual construction must conform to law and to the requirements for a road of its class.

  (b)   A permit is nontransferable. A permit becomes immediately invalid if any provision of the permit is violated.

  (c)   The permit automatically expires 18 months after its issuance unless the Director specifies a shorter or longer term when issuing the permit or later approves an extension, stating the reasons for the extension. However, a permit to reconstruct, repair, or otherwise close a sidewalk is subject to the durational and other restrictions in Section 49-11.  The Director must not approve an extension unless the bond filed with the permit by its term continues in full force and effect, a new bond is filed, or the applicant obtains the consent of the surety to the extension.

  (d)   The permittee and the permittee's agents, employees, and subcontractors must comply with all approved plans, written requirements, and permit conditions that the Director  specifies, either before or during the grading or construction, that the Director finds necessary to protect public safety or avoid unnecessary inconvenience to the public during the grading or construction.

  (e)   Any authorized official or employee of the County must be able to inspect the construction work materials, plans, and specifications at all times. A permittee must notify the Department at least 48 hours before starting any construction for which the Department issued the permit.

  (f)   The Director must not issue a permit for paving unless the Department has inspected and approved the grading.

  (g)   For any proposed road construction the permittee must post a notice in a conspicuous place on each project site as near to a public road as practicable. The notice must take the form of a sign that the Department must furnish to the permittee when the Department issues the permit. The sign must state that the construction is authorized by the Department of Permitting Services under permit and must display the permit number. The permittee must post the sign continuously during construction of the work covered by the permit and until final inspection. A person must not remove the sign until the Department completes its final inspection. If any other person removes the sign or if the sign is damaged, lost, or destroyed, the permittee must replace the sign within 24 hours, excluding Saturdays and Sundays. The Department must issue new signs upon request to replace signs that are damaged, lost, or destroyed. A permittee who does not comply with this subsection has violated the permit.

  (h)   The Director must not issue a permit for construction unless the right-of-way has been acquired by the County or dedicated to public use and the acquisition or dedication has been recorded in the County land records.

  (i)   If the Director finds that a person has violated the conditions of any permit, the Director may order the permittee to stop construction and may revoke the permit. The refusal of any permittee to stop construction after receiving notice of a stop-work order is a separate violation of this Article.

  (j)   An aggrieved person may file an appeal with the County Board of Appeals from the issuance of a stop-work order or the imposition of additional conditions under this Section.  The appeal must be filed with the Board within 10 days after the stop-work order is issued or the additional conditions are imposed.

**Sec. 49-36A. Roadside tree work.**

  (a)   Right-of-way permit required.  The Department must not issue a building or related permit to an applicant for any demolition, clearing, pre-construction activity, construction, or development that is likely to result in the trimming, pruning, root-pruning, cutting, or removal of, or injury to, a roadside tree unless the applicant obtains a right-of-way permit from the Department under Section 49-35.

  (b)   Applicability; exceptions.

    (1)   A person may receive a right-of-way permit to perform tree work on a roadside tree if the person:

      (A)   holds title to the land where the roadside tree is located;

      (B)   owns property abutting the right-of-way at the point where the tree is located;

      (C)   is a government agency that has an easement for the public right-of-way where the tree is located;

      (D)   is responsible for providing tree care to the tree;

      (E)   is a public utility; or

      (F)   is an authorized agent of any of these.

    (2)   The following activities are not subject to this Section (except subsection (f)) and do not require a right-of-way permit:

      (A)   cutting or clearing a public utility right-of-way or land for an electric generating station licensed under Sections 7-204, 7-205, 7-207, or 7-208 of the Public Utilities Article of the Maryland Code, or any successor provision, if:

        (i)   any required certificate of public convenience and necessity has been issued under Section 5-1603(f) of the Natural Resources Article of the Maryland Code or any successor provision; and

        (ii)   the cutting or clearing is conducted in a way that minimizes the loss of forest;

      (B)   routine maintenance of a public utility right-of-way, and cutting or clearing any tree by a public utility as necessary to comply with applicable vegetation management requirements or to maintain, repair, replace, or upgrade any public utility transmission or distribution line; or

      (C)   cutting or clearing a public utility right-of-way or land for a new transmission or distribution line.

    (3)

      (A)   A licensed tree expert need not obtain a right-of-way permit for tree work performed on:

        (i)   a tree that is uprooted or severely damaged because of a storm or vehicular collision;

        (ii)   a tree branch that is broken and contacts a telephone, cable television, electric power, or other wire carrying electric current; or

        (iii)   a tree or tree branch that a licensed tree expert finds immediately endangers a person or property.

      (B)   A licensed tree expert who provides tree work under subparagraph (A) must, within one week after an action is taken, give the Department:

        (i)   notice of the property address, if available, and general area where the action was taken; and

        (ii)   a proposed plan to upgrade the work, if necessary, to the tree work standards in this Section and applicable regulations.

        The Department must approve, modify, or reject the proposed plan, after reviewing the actions taken, within 14 days after receiving the information.  If the Department does not act on the proposed plan within 14 days, the plan is approved by default.  The Department may require further information, and may extend this deadline once for an additional 15 days in extenuating circumstances.  The Director also may extend this deadline at the request of the applicant.

  (c)   Basis of permit.  The Department may issue a right-of-way permit if the applicant shows that the proposed tree work is necessary to:

    (1)   protect the health of the tree;

    (2)   eliminate or reduce a hazard to property, public safety, or health;

    (3)   improve or prevent a deteriorated tree condition;

    (4)   improve the overall appearance of the right-of-way; or

    (5)   carry out a development which has received all other applicable development approvals.

  (d)   Tree protection plan.

    (1)   The Department must not issue a right-of-way permit for tree work under Section 49-35 until the applicant has submitted, and the Department has approved, a site-specific tree protection plan that requires the applicant to take all necessary measures to protect, and minimize damage during development to, any affected roadside tree.

    (2)   If the advice or consent of any County department, in its role as owner of or otherwise responsible for the care of any tree in a County right-of-way, is needed or requested before the state Department of Natural Resources may act on a permit allowing tree work on a tree in a County right-of-way, that County department must not give its advice or consent until the Department of Permitting Services has approved a tree protection plan under this subsection, Section 8-26, or Section 19-71.

    (3)   The Department must approve or reject each proposed tree protection plan within 30 days after receiving it.  If the Department does not act on a proposed plan within 30 days, the plan is approved by default.  The Department may require further information after a proposed plan is submitted, and may extend this deadline once for an additional 15 days to receive any needed information.  The Department also may extend this deadline at the request of the applicant.

  (e)   Tree replacement.

    (1)   Each permittee who removes a roadside tree in a County right-of-way must:

      (A)   plant a tree from the recommended County tree list in a County right-of-way, at or near the location of the original tree, which is suitable to that location, unless the Director waives this requirement because:

        (i)   compliance at the particular site would not be feasible; or

        (ii)   the removed tree was already dead or posed a danger to persons or property; and

      (B)   pay an amount into a Street Tree Planting Fund maintained by the Department of Transportation, unless the Director waives this requirement because the removed tree was already dead or posed a danger to persons or property, at a rate set under paragraphs (C) or (D) that will allow the Department of Transportation to plant 2 more suitable replacement trees, or 3 more replacement trees if the Director has waived the on-site planting requirement because compliance at the particular site would not be feasible, at suitable locations in the right-of-way of a public road in the County.

      (C)   Except as provided under subparagraph (D), the rate to calculate the amount payable under subparagraph (B) equals $450 per tree, as adjusted on July 1st of each odd numbered year by the percentage amount of the cumulative increase or decrease in the Consumer Price Index for all urban consumers in the Washington-Baltimore metropolitan area, or any successor index, for the two most recent calendar years.

      (D)   By resolution after a public hearing, the Council may set the rate to calculate the amount payable per tree under subparagraph (B).

      (E)   The Director must:

        (i)   calculate an annual fee adjustment under subparagraph (C) to the nearest multiple of 5 cents; and

        (ii)   publish an amount of a fee adjustment under subparagraphs (C) or (D) not later than May 1st of each odd numbered year.

    (2)   The permittee must pay the required amount within 30 days after the Director notifies the permittee that the payment is required.

    (3)   The Department of Transportation must use funds in the Street Tree Planting Fund only to plant trees in the right-of-way of a public road in the County, and must not use funds received under this subsection to hire additional County staff or to supplant funds otherwise appropriated for that purpose.

    (4)   In locating, selecting, and planting trees under this subsection, the Department must:

      (A)   give highest priority to those areas of the County, such as central business districts and other urban and suburban areas, that have relatively low tree canopy coverage; and

      (B)   take every reasonable measure to avoid interference with utility transmission and distribution lines.

  (f)   Roadside tree planting.

    (1)   In this Section, recommended County tree list means a list of trees approved by the Director after consulting the Department of Transportation.  The list must only include trees that are also on the State recommended tree list and must include each tree that the Director identifies as suitable for planting on specific sites and conditions in the right-of-way of a public road in the County.

    (2)   Any tree that any person plants on a public right-of-way must be a species and variety listed on the recommended County tree list and must conform to the American Standard for Nursery Stock.

  (g)   Enforcement.  In addition to any other procedure or remedy allowed by law, the Director may issue a stop work order to prevent or correct any violation of this Section or any permit issued or plan approved under this Section.  Sections 8-20 and 8-22 apply to any stop work order issued under this Section.

  (h)   Regulations.  The County Executive must adopt regulations under Method (2) to administer this Section that are at least as stringent as applicable state roadside tree care standards and requirements.  These regulations may include:

    (1)   criteria and procedures to issue, deny, modify, suspend, or revoke permits for work on roadside trees;

    (2)   tree work standards and practices needed to protect and maintain roadside trees, including construction practices needed to prevent or minimize damage to roadside trees; and

    (3)   supplementary roadside tree planting requirements and specifications, and criteria and procedures needed to administer the Street Tree Planting Fund.

**Sec. 49-37. Street and road bonds.**

  (a)

    (1)   Before beginning any grading or construction, a permittee under this Article must deliver to the County acceptable security in the form of an irrevocable letter of credit from a financial institution, cash bond, corporate bond, certificate of guarantee, or other instrument approved by the County Attorney.  The security must guarantee an amount that the Director estimates to be the total cost to perform all work necessary to complete the subdivision's streets and roads, including any necessary repairs, in a manner suitable for acceptance by the County. As used in this Section, acceptable security includes any such letter of credit, bond, certificate, or other acceptable instrument.

    (2)   As used in this Article, a certificate of guarantee is an instrument issued by an organization or entity which is approved by the Director and meets capitalization and other reasonable criteria established by regulation. Other criteria may include the demonstrated expertise of the issuing organization or its members in construction of streets and roads; the estimated cost of the work to be performed by the permittee; the estimated cost of all work guaranteed by the issuing organization or entity; and the incidence of violation of, or otherwise failing to comply with, this section by all members of the issuing organization or entity. The certificate of guarantee must only be issued by the approved organization or entity on behalf of members in good standing of that organization or entity. The member for whom the certificate is issued must qualify as a developer or subdivider as defined in Section 50-1.  The Director must resolve any question about the eligibility of a permittee to post a certificate of guarantee in the Director's sole discretion.

    (3)   Any acceptable security must run to the County and specify that the permittee and all agents and employees must:

      (A)   comply with all applicable terms, conditions, requirements, standards, and specifications of this Article and any other applicable law;

      (B)   faithfully complete the work for which the permit is issued; and

      (C)   indemnify the County from any expense incurred because of  the failure of the permittee or any agent or employee to complete the work as required by this Article, and from any damages growing out of the negligence of the permittee or any agent or employee.

  (b)

    (1)

      (a)   Instead of satisfying the requirements of subsection (a), a permittee may file an acceptable security approved by the County Attorney in an amount that the Director finds would assure appropriate stabilization of the ground surface of any proposed road project if:

      (A)   the permittee is a developer or subdivider as defined in Section 50-1, and the Director may resolve any question as to the permittee's status in the Director's sole discretion; and

      (B)   the permittee files in the County land records, subject to the approval of the County Attorney and the Director, a master deed or covenant delineating the entire subdivision and providing that no lot or parcel has been or may be sold or otherwise alienated until the road running between that lot or parcel and an existing public road is constructed, approved, and accepted by the County for maintenance, or until the County accepts an acceptable security assuring the completion of the subdivision streets and roads. This subparagraph does not prohibit the sale of all or a substantial portion of any subdivision to one or more other developers or subdividers.

    (2)   In determining the conditions and the amount of the acceptable security, the Director may set reasonable criteria based on practical, engineering, environmental or other considerations, including:

      (A)   the estimated cost of the work to be performed, in order to assure sufficient protection to the property on or adjacent to the subject subdivision from harm caused by storm water, sediment, or other factors resulting from grading, constructing or otherwise disturbing the right-of- way; and

      (B)   the estimated cost of removing or repairing any hazardous condition resulting from the operation of the developer's or subdivider's equipment.

    (3)   If the Director finds that a road or portion of a road is necessary to protect the public safety or welfare or to connect other subdivisions to public highways, subsection (b)(1) does not apply and the Director may require an acceptable security to complete the applicable road or portion of road.

    (4)   The Director may at any time, after finding a violation of an applicable law, regulation, or the terms and conditions of the permit, revoke the permit and proceed against the security posted to assure the appropriate stabilization of the ground surface of the proposed road project. The Director may post stop-work orders throughout the subject subdivision until an acceptable security is posted which assures the performance of all work necessary to complete the streets and roads, including any necessary repairs.

  (c)    Before acceptance, each proposed security must be approved by the County Attorney. If a corporate bond is offered, it must be executed by a surety or guaranty company qualified to transact business in the state. If a cash bond is offered, it must be deposited with the Director of Finance, who must give an official receipt reciting that the cash bond has been deposited in compliance with, and subject to, this Section.  Any accepted security may be released if the permittee and Director agree.  Accepted securities may be released on a prorated basis, depending on the amount of completed and approved work. The Director must decide the amount to be retained by the County, but the amount retained must not be less than 15% of the total cost of the project until the Director finally accepts the project.

  (d)

    (1)   If the Director finds a violation of an applicable law or regulation, or a default in the performance of any term or condition of the permit or accepted security, the Director must give written notice of the violation or default to the principal and to the surety of the accepted security. The notice must specify the work to be done, the estimated cost of the work, and the period of time the Director finds reasonably necessary to complete the work.

    (2)   If a cash bond has been posted, the Director must give notice of default to the principal; and if compliance is not achieved within the time specified, the Director may, without delay and without further notice or proceedings, use the cash deposited, or any portion of the deposit, to cause the required work to be performed by contract or otherwise in the Director’s discretion. After any default in the performance of any term or condition of the permit or accepted security, the County, the surety, and any person employed or engaged on their behalf may enter the site to complete the required work.

    (3)   If the County undertakes the required work with funds from the forfeited security, the funds must be used to pay the cost of contracting, including engineering and administration, for necessary work within the requirements of the plan, permit, security, or this Chapter.

    (4)   If the cost of the work exceeds the amount of the security, the permittee is liable to pay all excess costs and expenses incurred by the County. The costs and expenses must be a lien upon all property and all rights to property, real or personal, of any person liable to pay those costs after the costs become due and payable, including interest at the rate applicable for overdue County taxes. The costs must be listed on the tax bill and must be collected in the manner of ordinary taxes.

  (5)   If the Director finds a violation of an applicable law or regulation by an organization or entity issuing certificates of guarantee, the Director may revoke all permits of members of that organization or entity for which a certificate of guarantee has been posted. The Director may post stop-work orders wherever applicable until an appropriate security acceptable to the County is substituted for the certificates of guarantee.

  (e)    The Executive may adopt regulations under method (2) to implement this section. The Director must recommend permit fees to include amounts that are necessary to cover any increased costs of administration of any programs in this section.

**Sec. 49-38. Acceptance of roads.**

  (a)   The County Executive may specify by Executive order, published in the County Register, the terms and conditions on which any road may be acquired by the County or dedicated to public use.

  (b)   Any action by the County to accept a road must be in writing and fully identify the portion accepted.  Any accepted road must conform to this Chapter and all other applicable laws in force at the time of acceptance.

  (c)   When the County accepts any road, it becomes a part of the County road system and thereafter must be maintained by the County at its expense.

**Sec. 49-39. Pre-acceptance review by County.**

  (a)   All permittees under this Article and their agents, contractors, and sub-contractors must comply with all applicable provisions of this Article.  Until the County accepts a road constructed under this Article for maintenance, the permittees, their agents, contractors, and sub-contractors and the bond given under this Article remain liable for the faithful performance all requirements.

  (b)   After completion and final inspection of a road, the County must either accept the road, if the Director of Permitting Services finds that its construction has met all requirements of this Article, and release the bond, or the Director must reject the road by written notice to the permittee and surety, where an acceptable security was posted, specifying the reasons for rejection by reference to the particular requirement which has been violated, and allow a specified reasonable time for the permittee or surety to comply with all applicable requirements.

  (c)   If the permittee or surety does not, within the time specified, complete the construction as required, the Director must take any necessary action to cause the construction to comply with this Article.  The permittee and surety are jointly liable for any expense incurred thereby.

  (d)   If cash has been deposited under subsection 49-37(c) and a road is not accepted, the County may withhold any funds remaining in the cash deposit account until the permittee complies with this Article. If the permittee does not comply, the County may declare a forfeit of any amount need to bring the road into compliance.

**Sec. 49-40. Waivers of requirements of Article.**

  (a)   The Director of Permitting Services may waive any requirement of this Article for sidewalks, bikeways, rights-of-way widths, grade percentages, full-width grading, and the construction of both roadways of a dual road, or any combination of them, as allowed in this Section, for any road constructed by the County or a permittee.

  (b)    The Director must apply the following standards for granting or denying waivers:

    (1)   Sidewalks and Sidepaths.

      (A)   Waiver authority.  The Director, after consultation with the staff of the Planning Board, may waive any requirement, subject to (B), to install sidewalks or sidepaths if:

        (i)   the lots abutting the right-of-way are unimproved;

        (ii)   the street was lawfully graded before August 15, 1950, and the terrain is so steep and uneven that grading for sidewalks or sidepaths cannot be done except at excessive cost, or

        (iii)   houses or buildings abutting the right-of-way which were constructed before August 15, 1950, are so situated, and the property upon which those houses or buildings are located is so graded, that the construction of sidewalks or sidepaths is undesirable.

      (B)   Waivers not allowed.  The Director must deny a waiver if:

        (i)   the street involved is an Area Connector, Neighborhood Connector, Industrial Street, Downtown Street, Town Center Street, Downtown Boulevard, Town Center Boulevard, Boulevard, or Controlled Major Highway; or

        (ii)   the required sidewalks or bikeways are necessary or desirable to provide safe access for pedestrians and/or bicyclists.

      (C)   Waiver and fee payment.  As an alternative to building a sidewalk or bikeway on an existing or proposed street, the Director must require an applicant to pay a fee if the applicant shows that building a sidewalk or bikeway as required would cause extreme hardship or if the Director finds that it would cause significant environmental impact.  The sidewalk or bikeway that would be waived must not connect to another existing or proposed sidewalk, bikeway, bus stop, school, or other public facility.  The fee must equal the full cost to build the sidewalk or bikeway, including the design and supervision costs.  This fee must be paid, any necessary right-of-way must be dedicated, and any necessary perpetual easement must be recorded before the Director issues any road construction permit for the proposed public street.  The revenue from these fees must be assigned to a capital account for sidewalk or bikeway construction and may be spent as appropriated by the County Council.

    (2)   Right-of-way widths. The Director may waive or reduce any right-of-way width if:

      (A)   the proposed right-of-way connects with an existing right-of-way of substandard width which was lawful when established, but the Director must not waive or reduce any part of the proposed right-of-way which is beyond a four-way intersection or any other logical point of widening;

      (B)   the proposed right-of-way is the connecting link of a street and the right- of-way at each end is a substandard width which was lawful when established.

    (3)   Grade percentages. The Director may waive or reduce any required grade percentage if the road connects with another road or private driveway in such manner that the grade percentage required by this Article cannot be provided.

    (4)   Full-width grading. The Director may waive or reduce any requirement for full- width grading if:

      (A)   a grading permit was issued before August 15, 1950, all grading required by that permit was done, sidewalks are not required or are waived, further grading is not required to construct the pavement or curbs and gutters, and a majority of the lots abutting the proposed road have been developed;

      (B)   the reduced width is needed to protect a specimen tree, significant stand of mature trees, or certain trees or other sensitive environmental features designated for preservation in an approved forest conservation plan or other regulatory approval; or

      (C)   for a Neighborhood Street or Neighborhood Yield Street, the applicant proposes to extend an existing paved road which ends short of an intersection, the right-of-way containing the existing paved road is not graded to its full width and the waiver does not apply beyond the intersection.

    (5)   Dual roads. The Director may allow the construction of only one roadway of a dual road if:

      (A)   the applicant for a waiver does not own the property abutting the roadway for which the waiver is requested;

      (B)   the abutting property is undeveloped;

      (C)   the temporary use of two-way traffic on the single roadway to be constructed will not interfere with the flow of traffic so as to cause congestion;

      (D)   each intersection will be constructed completely; and

      (E)   the main drainage system will be constructed as a part of the roadway first constructed.

  (c)    In addition to the other provisions of this section, any person may propose temporary or interim improvements to an existing public road by filing a written request for a waiver of any requirement of this Article. The County Executive may grant the request for a waiver in whole or in part when the Executive finds, by notice published in the County Register, that the application satisfies the following conditions:

    (1)   The Director of Permitting Services, after reviewing detailed plans and specifications of the proposed improvements, must recommend in writing, using waiver criteria developed by the Department of Transportation, that the Executive should approve or disapprove the improvements proposed in the plans submitted by the applicant and state the reasons for the recommendation. The failure of the Director to act on the plans within 30 days after submission constitutes the Director's support of the Executive granting the waiver.

    (2)   If a road is proposed to be improved by the County, the road is listed for construction or reconstruction in an approved six-year capital improvements program.

    (3)   An immediate, temporary improvement is necessary to provide safe vehicular access to residents presently residing on or near the road.

    (4)   The road is a County public road, and all rights-of-way required for the proposed improvements have been acquired by or dedicated to the County.

    (5)   The applicant for such a waiver has agreed to make, or cause to be made, all of the proposed improvements in the road at no cost to the County. An applicant under this subsection, before beginning any grading or construction, must deliver to the County a cash or corporate bond in the amount estimated to be the total cost of the project. The cash or corporate bond must run to the County and require the applicant to:

      (A)   comply with all applicable terms, conditions, requirements, standards, and specifications of this Article;

      (B)   faithfully complete the work for which the permit is issued; and

      (C)   indemnity the County from any expense incurred through failure of the permittee or the permittee’s agents and employees, to complete the work as required by this Article or from any damages that result from the negligence of the permittee or the permittee’s agents or employees.

    (6)   The applicant for a waiver under this subsection must submit for recording in the County land records, in a form approved by the County Attorney, covenants which bind the applicant, each petitioner, and their successors in title to accept, as against each of their properties which are adjacent to the road, any future special improvement assessments levied to build the road, reserving the right to challenge any assessment which exceeds the amount by which the property is specially benefitted.

  (d)    The County may make temporary or interim improvements to an existing public road without construction or reconstructing it, and thereby waive any requirements of this Article, if the County Executive finds, by notice published in the County Register, that:

    (1)   the road to be improved is listed for planning and design or for construction or reconstruction in the most recently approved six-year capital improvements program;

    (2)   an immediate, temporary improvement is necessary to provide safe vehicular access to nearby residents;

    (3)   the road is a County public road, and no additional right-of-way is needed for the proposed improvement; and

    (4)   waiving of any requirement of this Article will not impair public safety.

  (e)    The County may make temporary or interim improvements to an existing County public road without constructing or reconstructing it, and thereby waive any requirements of this Article, if the County Executive finds, by notice published in the County Register, that:

    (1)   the road improvements are needed to relieve hazardous or emergency conditions, or to protect the health and well-being of the community;

    (2)   the road to be improved is less than 1¼ miles long, not located in a new subdivision, and no additional right-of-way is needed for the proposed improvement;

    (3)   existing and projected traffic levels are appropriate to the construction standards proposed;

    (4)   the road improvements are limited to surface treatments and minor drainage improvements;

    (5)   the road improvements will reduce road maintenance expenses;

    (6)   the County Executive has received a petition endorsing the proposed improvements signed by a substantial majority of the property owners adjacent to the road; and

    (7)   the proposed improvements and their estimated costs were expressly included in the County Executive's annual budget, and the Council appropriated all necessary funds.

  (f)    The County Executive may waive any provision of this Article to respond to an unforeseen emergency or disaster, such as a flood, hurricane, or public health crisis, or to comply with Federal or State rules, regulations or recommendations issued to deal with any emergency or disaster; if the Executive:

    (1)   issues an Executive order which states the nature of the unforeseen emergency or disaster, the scope and duration and any other conditions of the waiver, and

    (2)   promptly submits a copy of the order to the County Council.

**Sec. 49-41. Penalty for violations of Article.**

  Any violation of this Article is a Class A violation, except as expressly provided otherwise.

**Sec. 49-42. Reconstruction, rehabilitation, and resurfacing schedule; coordination with other government agencies and private parties.**

  (a)   The Director of Transportation must annually adopt a 3-year schedule for the reconstruction, rehabilitation, and resurfacing of sidewalks, streets, and roads that the County controls or maintains. That schedule must be based on:

    (1)   expenditure schedules in the approved County Capital Improvements Program;

    (2)   the evaluation of the Department of Transportation’s Pavement Management System; and

    (3)   coordination and consultations with other government agencies and public utilities.

  (b)   The 3-year schedule must be published in the County Register each January and shown on the County’s web site. The web site must be promptly updated to reflect changing information, and must include a street map displaying the location of street, road and sidewalk reconstruction, rehabilitation, and resurfacing work included in the adopted 3-year schedule. The Director must take all feasible steps to include on this map the location of construction work undertaken or planned by public utilities in County rights-of-way to the extent that each public utility makes this data available for County use.

  (c)   The Director must send the schedule published in the County Register annually to:

    (1)   the State Highway Administration;

    (2)   each municipality in the County;

    (3)   each public utility, and each cable communications franchisee, that operates in the County;

    (4)   the Washington Suburban Sanitary Commission;

    (5)   the County Planning Board;

    (6)   civic, business, and community organizations active in the County; and

    (7)   any other agency, organization, or person that would benefit from that information.

  (d)   In adopting and implementing a 3-year schedule under subsection (a), the Director must take all feasible steps to coordinate the Department’s reconstruction, rehabilitation, and resurfacing activities with those of other government agencies, public utilities and cable communications providers, and any other entity permitted to reconstruct, rehabilitate, or resurface sidewalks, streets, or roads, to:

    (1)   avoid conflicting or duplicative activities; and

    (2)   minimize the time that any sidewalk, street, or road will be unavailable for unimpeded public use.

  (e)   The Chief Administrative Officer, in conjunction with Washington Suburban Sanitary Commission, other public utilities, the State, and appropriate County municipalities, must develop an automated information sharing and mapping system covering planned construction projects in all public rights-of-way in the County. This system should be based on a standardized interagency geographic information data repository which enables geographic information system-based applications to access and view current information about all planned right-of-way construction and maintenance activities. The data and data applications should allow access to recently-completed, current, and planned projects, and should provide County, State, and utility staff with direct links to up-to-date information such as project location, scope, design plans, permit status, schedule, cost, moratorium status, and points of contact.

  (f)   In coordinating its activities under this Section, the Department must collaborate with the applicable public utility, cable communications provider, or other entity to promote locating distribution facilities underground where feasible and prudent before resurfacing begins.

  (g)   The adoption of a schedule under this Section does not limit the Department’s authority to respond to any emergency.

**Sec. 49-43. Reserved.**

**Sec. 49-44. Reserved.**

### Article 4. Acquisition of Land.

**Sec. 49-45. Authority to acquire land for transportation purposes.**

  The County may buy land which is needed in connection with:

  (a)   the opening of any new road, bikeway, or sidewalk,

  (b)   the construction or repair of any bridge,

  (c)   the relocation, straightening or widening of any road, street, alley, bikeway, or sidewalk,

  (d)   the proper drainage of any road, street, alley, bikeway or sidewalk,

  (e)   the building of any public building or structure, or

  (f)   any other public transportation purpose.

**Sec. 49-46. Condemnation.**

  If the County cannot agree with the owner of any land, building, or improvement required for any public purpose listed in Section 49-45, the County may condemn the land, building, or improvement, or any interest in them, for the use of the County under any applicable State law that authorizes condemnation by local governments.

  The County need not accept the award or judgment rendered in any proceeding under this Section, but instead may abandon the project after paying any costs required by law.

**Sec. 49-47. Reserved.**

**Sec. 49-48. Reserved.**

**Sec. 49-49. Procedure after construction work has been done.**

  If the County has built any road, highway, street, bridge, bikeway, sidewalk, curb, gutter or drainage ditch on any land which the County did not own or have authority to use, the County may condemn the land and any improvements on it under any applicable State law which authorizes the condemnation of land for public purposes as though the improvement had not been built before condemnation proceedings began.

**Sec. 49-50. Optional method of condemnation of land for streets or roads.**

  As authorized by Section 40A of Article III of the Maryland Constitution, the County may acquire any land or interest in land required for a right-of-way for a County road or street by using the following procedure:

  (a)   When the County Council finds an immediate need to acquire land or an interest in land, the Council by resolution must:

    (1)   describe the property,

    (2)   list the owner as the owner appears on the County assessment records,

    (3)   appoint a licensed real estate broker or a licensed real estate appraiser to estimate the property's fair market value,

    (4)   direct the County Attorney to acquire the property or interest under this procedure, and

    (5)   guarantee the payment of any amount above the estimated fair market value, later awarded by a jury.

  (b)

    (1)   Promptly after being appointed, the broker or appraiser must estimate the fair market value of the property or interest and submit a written report to the County.

    (2)   The County then may by petition, naming the owner and all persons of record whose interest in the property would be taken, pay to the Circuit Court the amount estimated by the broker or appraiser to be the fair market value of the property, and record a copy of the resolution of taking in the County land records.  A copy of the resolution must be attached to the petition and filed with the Circuit Court.  A copy of the petition and resolution must be sent to each person named in the petition.

    (3)   A copy of the petition and resolution must be filed with the Supervisor of Assessments, who must promptly adjust the tax assessment records.

    (4)   The County may then immediately take possession of the property or interest described in the resolution without further notice to the property owner or other person of interest, and may proceed with the road or street project.

    (5)   Payment into court of the amount estimated by the County's broker or appraiser to be the fair market value of the property or interest does not limit the amount that may be later awarded by a jury. The guarantee of the County to pay any further sum later awarded by a jury remains in effect until the final disposition of the proceeding.

  (c)   The owner of any property or interest taken, upon written request to the Clerk of the Court, must receive the amount paid to the court if the owner agrees in writing filed with the Clerk to pay back to the County the difference between the amount received and a final award made by a jury, if the final award is less than the amount paid to the court.

  (d)   Upon payment of the required money to the court under subsection (b)(2), the County must negotiate with the property owner to attempt to obtain by amicable negotiation any right, title or interest necessary for the road or street project. If the County and the owner cannot agree on a sum to be paid after payment to the court, the owner may request the County to institute condemnation proceedings. The County must, within 90 days after receiving a request, begin condemnation proceedings under Title 12 of the Real Property Article of the Maryland Code, or any successor provision.  The County on its own may also begin condemnation proceedings at any time.

  (e)   The jury award on any property or interest taken under this Section must be based on the value of the property or interest when the County paid to the court.

  (f)   The County is not required to accept the estimate of its broker or appraiser.  Before paying any funds to the court, the County may withdraw its petition by paying any costs required by law. In that case, the County is not entitled to take possession of the property or interest. In withdrawing its petition, the County does not waive its right to begin a condemnation action or a new proceeding under this Section against the same property, or to buy the same property or interest by negotiation with the owner.

  (g)   The procedure in this Section does not apply if the property to be taken includes a building.

### Article 5. County Roads - Authority and Funding.

**Sec. 49-51. Reserved.**

**Sec. 49-52. An assessment of costs for road construction to be authorized by County Executive; Council to assess benefits.**

  (a)   The County must not assess the cost of constructing any road as a benefit to adjacent property unless the Executive has issued an order authorizing the assessment. After the Executive has authorized the assessment, the County Council may assess the cost of construction by resolution as a benefit to all property adjacent to the road’s right-of-way and specially benefited by its construction as provided in this Section.

  (b)   The law in effect when construction is authorized must allow the assessment of all or part of its cost.

  (c)   A property must not be assessed more than the amount by which the property is specially benefited by the construction.

  (d)   Property owned by the United States, the State, or any agency of either must not be assessed.

  (e)   The Council may waive any assessment in an urban renewal project, community redevelopment project, or neighborhood improvement project.

**Sec. 49-53. Public hearing; notice.**

  (a)    Before an assessment for road construction is authorized, the County Executive or the Executive’s designee must hold a public hearing. Any person who would be subject to an assessment or otherwise affected by the location or construction of the road is entitled to be heard at the hearing. Notice of the hearing must be sent by certified or registered mail, at least 2 weeks before the scheduled date of the hearing, to the owners of each property that would be subject to an assessment, as listed in the records of the Department of Finance.

  (b)    Each notice issued under subsection (a) must contain:

    (1)   the time and place of the hearing;

    (2)   the location of the construction which is the subject of the hearing;

    (3)   the extent and kind of construction intended;

    (4)   the type of materials to be used;

    (5)   the estimated cost of construction; and

    (6)   the location of the real property that will be benefited by the construction.

  (c)    A summary of the notice provided for in subsection (a) must be published twice in a newspaper of general circulation in the County before the scheduled date of the hearing. The summary must tell where a full copy of the notice may be obtained.

  (d)   Before beginning construction of any road, the Director of Transportation or the Director’s designee must hold a public hearing to receive comments on the proposed design of the road.

  (e)   The Director need not hold a hearing under subsection (d) before a sidewalk or sidepath is constructed if:

    (1)   the sidewalk or path can be constructed entirely in one or more existing public rights-of-way without a detailed engineering design;

    (2)

      (A)   a civic association, homeowner’s association, or other organization, which includes a substantial number of owners of property located on the proposed route of the sidewalk or path, has filed a notice of its support for the sidewalk or path with the Executive or a designee; or

      (B)   if no such organization has filed a notice of support, a petition signed by a majority of owners of property located on the proposed route of the sidewalk or path has been filed with the Executive or a designee; and

    (3)   the Executive finds, after the Executive’s designee has given notice to and met with residents of the area, that no significant controversy has arisen that would require a public hearing to be held.

**Sec. 49-54. Authorization of an assessment of costs for construction; recommendation of assessments to Council.**

  (a)    If, after the hearing required by Section 49-53(a) is held, the County Executive finds that the public interest requires the assessment under consideration to be carried out, the Executive must authorize the assessment as required in this Chapter.

  (b)    As soon as practicable after the Executive authorizes an assessment of costs for road construction under this Section, the Executive must forward to the County Council a written report recommending any proposed assessments based on the estimated cost of building the road. The report must describe the work to be done and state, with particularity, what portion of the cost of the construction, if any, should be paid by the adjacent properties and what portion, if any, of the cost should be paid by the County under this Chapter.

  (c)   The recommendations must be based on the actual costs of publishing notices, conducting hearings, advertising for bids, and engineering, and the anticipated costs of financing to be incurred before the Council adopts the assessment resolution.  Each cost assessment must be computed on the basis of linear frontage of adjacent properties, except as otherwise provided in this Chapter. The report must also estimate the dollar amount of the cost share to be paid by adjacent properties.

**Sec. 49-55. Assessment of costs by County Council; appeals.**

  (a)   Within 270 days after the County accepts any road authorized and subject to assessments under Section 49-54, the County Executive must forward final recommendations for assessments to the Council. The Executive must include any adjustment to previous estimates resulting from the actual costs of the project, including financing.

  (b)   Within 90 days after receiving these recommendations, the Council must approve or modify the recommended assessments and, by resolution, assess the costs of the road project against the adjacent properties, subject to the limits of Section 49-52.  Each assessment must be computed on the basis of the linear frontage of each property, except as otherwise provided in Section 49-56.  Each assessment becomes final when the Council adopts the resolution.

  (c)   Any person aggrieved by an assessment may appeal, within 30 days after the notice is mailed, to the Circuit Court for the County. Any party may appeal a decision of the Circuit Court to the Court of Special Appeals.

**Sec. 49-56. Assessment of corner lots.**

  If the property to be assessed is located at the intersection of 2 or more streets (hereinafter, a corner lot), the linear frontage of each corner lot assessed in connection with the construction of each adjacent street must be reduced to one-half of the total frontage of that lot on the street to be built, but any reduction must not exceed 50 feet on any one street. The portion of the cost of the construction which would otherwise have been assessed to a corner lot must be added to the overall cost assessed to the remaining assessable frontage of the whole project, unless the Executive authorizes the County to pay all or part.

**Sec. 49-57. Roads partly in unincorporated area and partly in city or town.**

  (a)    Building roads.

    (1)   If a road, bridge, storm drain, sidewalk, sidepath, transitway, or other transportation facility is located partly in the unincorporated area of the County and partly in a municipality or special taxing district that is authorized by law to build or maintain that part of the facility that is located in the municipality, either the County or the municipality or special taxing district may improve the entire facility according to applicable County laws or any law or regulation that applies in the municipality or special taxing district, respectively, as if the facility were completely located in the unincorporated area of the County or in the municipality or special taxing district.

    (2)   The County Executive and the governing body of the municipality or special taxing district must mutually consent to construct or improve the facility, which consent may be granted without regard to the laws of the County or of the municipality or special taxing district regarding construction of roads and assessment for the construction.

    (3)   The County may build or improve a road, bridge, storm drain, sidewalk, sidepath, bikeway, transitway, or other transportation facility which it is authorized by law to construct and maintain, including when the facility is located partly or entirely in a municipality or special taxing district.  Before taking any action under this paragraph, the Executive must consult each affected municipality.

  (b)    Assessing costs.

    (1)   If the County or any municipality or special taxing district authorizes the construction of a road, obtains the consent of the other under subsection (a),  assesses its cost against abutting property on the basis of benefit to the abutting property, and the assessment is made in accordance with the laws and regulations of the County or municipality or special taxing district levying the assessment, any property which abuts the road or public way but which is located in whole or in part in the other jurisdiction, may be assessed for its proportionate share of the cost of construction in the same manner as if the property were located only in the County or municipality or special taxing district levying the assessment, as the case may be.

    (2)   Any party on whom an assessment may be levied under this subsection may  appeal the assessment, in the same manner under the law of the jurisdiction levying the assessment, as any other party entitled to appeal under its law.

    (3)   A municipality or special taxing district may, in its discretion, pay all or part of the costs assessed by the County against any property located in it.

  (c)    State roads. Nothing in this Section affects any State road, except to the extent that the County participates in paying any construction cost under an agreement with the State Highway Administration or any successor agency.

  This section is quoted and interpreted in Maryland-National Capital Park & Planning Commission v. Friendship Heights, 57 Md.App. 69, 468 A.2d 1353 (1984).

**Sec. 49-58. Payment of assessments; due date; interest and penalties; deferring payments.**

  (a)

    (1)   Any assessments under this Article is due and payable 30 days after the Council adopts the resolution levying the assessment.  Until the assessment is paid, the Director of Finance may attach a lien on the property on which the assessment was levied.

    (2)   The Council may provide in the resolution that assessments may be paid in full at any time or in up to 20 equal annual installments.  Each assessment must bear interest on the unpaid balance from the date the Council adopts the resolution at the interest rate paid by the County on its bonds used to finance construction of the road, plus one percent.

    (3)   The resolution must provide that all or any portion of the assessment may be paid without interest within 90 days after the resolution levying the assessment is adopted, or in equal annual installments starting on the July 1 at least 30 days after the levy of the assessment.  Each payment must include interest on the unpaid balance. Any annual installment, together with the interest on it, not paid on or before the September 30 after its due date, is overdue and must be charged additional interest and penalty at the rate prescribed by law for overdue taxes on real property for the full taxable year.

  (b)    Notwithstanding the provisions of this Section, the Council may by resolution permit a taxpayer to defer the payment of assessments for a period not to exceed 5 years, subject to the following conditions:

    (1)   The payment deferral must be provided only on assessments connected with property which has been subject to an increased County property tax assessment resulting directly from a government-initiated change in the zoning classification of the property to a higher intensity use.  A government-initiated change in the zoning classification of property is a change proposed by the Planning Board.

    (2)   The property connected with the assessment has been and must be actually occupied by the taxpayer for residential purposes.  Any change in use during the period of payment deferral automatically ends the deferral.  Any deferred assessment and accumulated interest on it is then immediately due and payable.

    (3)   The payment deferral ends immediately when the owner of record listed on the  tax records when the property was rezoned transfers the property.  Any deferred assessment and accumulated interest on it is then immediately due and payable.

    (4)   The owner must execute an agreement with the County to pay the balance of unpaid deferred assessments and accumulated interest on them immediately if the owner transfers ownership or does not comply with any other condition, or when the specified deferral period expires.

    (5)   Interest on the unpaid balance of any deferred assessments must accrue from the date of the deferral resolution at the rate specified in this Section.

  (6)   A first lien must attach to the property for all deferred assessments and accumulated interest on them.

**Sec. 49-59. Collecting assessments; default in paying installments.**

  (a)   Any assessment under this Article must be collected in the same way as real property taxes are collected under State and County laws. Each annual installment due may be included on the County tax bill, or billed separately, as the Director of Finance orders.

  (b)   If any person does not pay any annual installment, including any interest and penalty due, the Director of Finance may sell the property against which the assessment has been made at tax sale for the unpaid balance due on the assessment, including any interest or penalty due, in the same manner as real property is sold for nonpayment of taxes, together with all other charges due, if any.

**Sec. 49-60. Correcting errors in assessments.**

  (a)   If any property subject to assessment was not properly assessed, or the assessment erroneously describes the property or is made in a wrong name or in an erroneous amount, or if the property owner was not properly notified, the Council may, if the County Executive so recommends or on its own, correct the assessment by amending the resolution.

  (b)   The Council may correct an error without further notice to the affected property owner if the owner had notice of the hearing conducted under Section 49-53 and the error did not occur before the hearing was held and was not contained in any notice of the hearing.

  (c)   If the error occurred before the hearing or was contained in any notice of the hearing, the error must not be corrected until any affected property owner is given adequate notice and an opportunity to be heard.

**Sec. 49-61. Borrowing and certificates of indebtedness.**

  The County may, by Council resolution, borrow from time to time on its faith and credit any funds needed to finance construction authorized by this Article, and may issue its negotiable certificates of indebtedness.

### Article 6. Abandonment and Closing of Rights-Of-Way.

**Sec. 49-62. Abandonment authority; scope of Article; procedures.**

  (a)   Authority.  The County Council, by adopting a resolution, may close to public use or abandon the County’s right to use any right-of-way.  As used in this Article, right-of-way means any road, sidewalk, bikeway, crosswalk, water main, sanitary sewer, storm sewer, or storm drainage right-of-way used at any time by the public, including use by pedestrians and bicyclists.  This Article applies to all rights-of-way except as provided in subsection (j) and State road rights-of-way, and may apply to a State road right-of-way if the appropriate State agency expressly consents.  Before the Council adopts a resolution under this Article, the procedures in this Article must be followed.

  (b)    Application. Any person or government agency may file an application with the Department of Transportation to close or abandon any right-of-way. In this Article, unless the context clearly indicates otherwise, Department refers to the Department of Transportation.

  (c)    Fee. Each applicant, except a County government agency, must pay with the application a filing fee set by regulation under method (3) to defray the cost of processing the application and holding a hearing.

  (d)    Notice to property owners. After receiving an application under this Article, the Department must promptly notify by certified mail each property owner listed in the County assessment records whose property abuts the right-of-way proposed to be closed or abandoned. However, the fact that any property owner did not receive a notice under this section does not invalidate an otherwise valid closing or abandonment.

  (e)    Notice to public. The Department must prominently post a notice of the application in or adjacent to the right-of-way to be closed or abandoned. The Department also must publish notice of the application once each week for 2 successive weeks in a newspaper of general circulation in the County. This notice, and those sent under subsection (d), must inform recipients of the opportunity for a hearing and the date a hearing will be held.

  (f)    Hearing. The Executive or the Executive's designee must hold a hearing on the application not earlier than 30 days after notice is mailed under subsection (d).

  (g)    Executive's report; comments of government agencies and utilities. After the hearing held under this section, the County Executive must forward to the County Council the application, a report based on the record of the proceedings, and the Executive’s recommendation on the proposed abandonment or closing. The report must state whether the government agencies and utilities listed in subsection (h) have endorsed the proposal and the conditions, if any, of each agency's or utility’s endorsement.  The Executive must not forward the report or recommendation until the Executive receives a response from each agency or other party.  If an agency or other party does not respond within 60 days after notice is first published under subsection (e), the County Executive must presume that the agency or other party does not oppose the proposal.

  (h)   Agencies.  The government agencies and other parties from which the Executive must solicit a response are:

    (1)   the Department of Transportation;

    (2)   the Department of Permitting Services;

    (3)   the Maryland-National Capital Park and Planning Commission;

    (4)   the Washington Suburban Sanitary Commission, if any part of the right-of-way is located in the Washington Suburban Sanitary District;

    (5)   each public utility authorized by the Public Service Commission to operate in the area and which has any overhead or underground facilities in the vicinity;

    (6)   the governing body of each incorporated municipality or special taxing district in which any of the right-of-way is located;

    (7)   the Police Department;

    (8)   the County Fire and Rescue Service; and

    (9)   any grantee of a franchise under Article 2, if the franchise authorizes the grantee to install or use any facility in, over, or under the affected right-of-way.

  (i)   Temporary closure.  This Article does not apply to any temporary closure required by a construction traffic control plan if the closure does not last longer than 12 months.  If special circumstances require that a temporary closure last longer than 12 months, the Director of Transportation must apply to the Council for approval to extend the closure.  The Council, by resolution, may approve an extended temporary closure under this subsection without following the procedures in this Article.

  (j)   Storm drainage rights-of-way.

    (1)   In this subsection, County Executive means the County Executive or the Executive’s designee.

    (2)   The procedures in this subsection are the exclusive means to abandon all or a portion of a platted or recorded public storm drainage right-of-way that is not used for any other public purpose.

    (3)   The County Executive may grant a partial or total abandonment of the existing storm drainage right-of-way if the Executive:

      (A)   receives a written request, accompanied with a survey delineating the area sought to be abandoned;

      (B)   investigates any potential impacts that the requested abandonment may have upon the existing storm drain facility; and

      (C)   finds that:

        (i)   the area requested to be abandoned is no longer necessary for current or anticipated public use in the foreseeable future; and

        (ii)   abandoning the portion of the right-of-way will not adversely impact the County’s ability to access and/or maintain any portion of the storm drain facility located within the right-of-way.

    (4)   Before granting a partial or total abandonment of a storm drainage right-of-way under this subsection, the County Executive may require the owner of the land that is presently encumbered by the storm drainage right-of-way, or the proposed owner if the County holds fee-title to the storm drainage right-of-way, to execute a maintenance and liability agreement. If the Executive requires a maintenance and liability agreement, the agreement must:

      (A)   be on a form acceptable to the Executive; and

      (B)   hold the County harmless for any damages to private property located in the area proposed to be abandoned that arises out of the presence, maintenance of, or other work related to the existing storm drain facility.

  Res. No. 9-1378 establishes guidelines for oral argument proceeding relative to road abandonments or closures. See appendix I, pt. I.

**Sec. 49-63. Decision of the Council.**

  (a)    The Council must consider the record of the proceedings and the report and recommendations of the County Executive, including any recommendations of the government agencies and other parties listed in Section 49-62(h), and any other relevant and material information the Council receives from any person.

  (b)    The Council may at any time remand an application to the Executive or the Executive's designee to reopen the record or consider new information.

  (c)    A right-of-way may be abandoned or closed if the Council by resolution finds that:

    (1)   the right-of-way is no longer necessary for present public use or anticipated public use in the foreseeable future, or

    (2)   the abandonment or closing is necessary to protect the health, safety and welfare of the residents near the right-of-way to be abandoned or closed. In assessing health, safety, and welfare issues, the Council may consider:

      (A)   any adopted land use plan applicable to the neighborhood;

      (B)   safe and efficient pedestrian and vehicular traffic patterns and flows, together with alternatives, in the immediate neighborhood, for local and through traffic; and

      (C)   changes in fact and circumstances since the original dedication of the right-of-way.

  (d)    A right-of-way which is the sole means of access to any property must not be abandoned or closed.

**Sec. 49-64. Withdrawal of application.**

  (a)   At any time before the Council takes final action on the application, the applicant may request in writing that the application be withdrawn.

  (b)   The request must be made to the County Executive if the Executive has not forwarded the application to the Council. If the Executive has forwarded the application to the Council, the request must be made to the Council.

**Sec. 49-65. Notice to Planning Board; filing subdivision plat.**

  (a)   Not less than 30 nor more than 60 days after the Council adopts the resolution to approve an abandonment or closing, the Council Clerk must notify the Planning Board, the Directors of Permitting Services and Transportation, and the County Attorney that the Council has authorized the abandonment or closing.

  (b)   The Director of Permitting Services, after receiving a copy of the Council resolution, must sign, on behalf of the County, a plat of subdivision prepared by the applicant, which the Planning Board has approved for recording, approving the abandonment or closing.

  (c)   The County Attorney must cause to be recorded in the County land records the Council resolution which approved the abandonment or closing.

  (d)   Any abandonment or road closure approved after July 1, 2007, is automatically revoked by operation of law if each condition specified in the approval resolution, including any later amendment to that resolution, has not been completed within the time specified in the resolution or, if the resolution did not specify a completion date, within 5 years after the Council approved the resolution or amended the resolution to insert that condition.

**Sec. 49-66. Appeal from action of the Council.**

  The action of the Council on any application for abandonment or closing is final, subject to any Council procedure for reconsideration that would otherwise apply. Any aggrieved person may appeal the action of the Council approving or denying an abandonment or closing to the Circuit Court within 30 days after the Council takes the action.

**Sec. 49-67. Notice of abandonment or closure.**

  Before abandoning or closing any right-of-way after Council approval under this Article, the Director of Transportation must cause to be posted prominently in the area of the right-of-way, for at least 15 days after the Council action, a notice listing the date when the right-of-way will be abandoned or closed.

**Sec. 49-68. Abandonment of previously unused rights-of-way.**

  (a)    If any right-of-way, except a right-of-way located entirely in a municipality which has independent zoning and subdivision authority, has not been in public use, one or more abutting property owners may petition the Planning Board to abandon the right-of-way. The petition must take the form of a preliminary plan for the subdivision of land, and must state the reason for the proposed abandonment and show any proposed relocation or realignment of the right-of-way, where applicable.

  (b)   The petitioner must notify:

    (1)   each person with a recorded financial interest in land abutting the right-of-way;

    (2)   the Department of Transportation;

    (3)   the County Fire and Rescue Service;

    (4)   the Police Department;

    (5)   the Washington Suburban Sanitary Commission, when applicable;

    (6)   each public utility operating in the area;

    (7)   the governing body of each incorporated municipality or special taxing district which adjoins the right-of-way sought to be abandoned; and

    (8)   Any grantee of a franchise under Article 2, if the franchise authorizes the grantee to install or use any facility in, over, or under the affected right-of-way.

  (c)    The Planning Board must solicit the comments of each notice recipient, and then promptly determine whether:

    (1)   the right-of-way previously was improved or used for the purposes for which it was intended or dedicated; and

    (2)   the right-of-way is necessary for anticipated public use.

  (d)    If a recipient of notice under subsection (b) does not respond within 60 days after the notice is sent, the Planning Board must presume that the recipient does not oppose the proposal.

  (e)   If the Planning Board finds that the right-of-way is not necessary for anticipated future public use or that an alternative alignment or location will not adversely affect the public interest, the Board may authorize the right-of-way to be abandoned by incorporating the abandoned land into an amended plat of subdivision. The amended subdivision plat must require the dedication of any land needed for rights-of-way, easements, and other public uses.

### Article 7. Freeways and Controlled Major Highways.

**Sec. 49-69.  Reserved**

**Sec. 49-70. Designating means of access to certain highways.**

  (a)    A Freeway and Controlled Major Highway are defined in Section 49-31.

  (b)    If any existing County road is classified as a Freeway or Controlled Major Highway:

    (1)   The Director of Transportation may, by agreement or condemnation, restrict or limit the right of any owner of land abutting the Freeway or Controlled Major Highway to lay out or construct any new means of access to, from or across the abutting land to or from the Freeway or Controlled Major Highway or to enlarge or extend any existing means of access.  The Director may designate points where access is permitted, or permit changes in existing means of access, consistent with any applicable master plan, on specified terms and conditions.

    (2)   The Director may close any existing means of access to, from, or across abutting land to or from the Freeway or Controlled Major Highway by agreement or condemnation, consistent with any applicable master plan.

**Sec. 49-71. Acquiring property for Freeways or Controlled Major Highways.**

  To build any Freeway or Controlled Major Highway or rebuild any portion of any existing road as a Freeway or Controlled Major Highway, or for any service or feeder road in connection with a Freeway or Controlled Major Highway, the County may acquire any real property or any interest in real property by the same procedure as property may be acquired for road purposes.

**Sec. 49-72. Control of use and access.**

  When any road has been constructed or designated as a Freeway or Controlled Major Highway, the Director of Transportation:

  (a)   may restrict or prohibit access to the Freeway or Controlled Major Highway from any existing highway, road, or street, or from any new highway, road, or street, if reasonable access to the freeway or expressway from any existing or new highway, road, or street is maintained;

  (b)   may control, restrict, or prohibit the use of the Freeway or Controlled Major Highway by various classes of vehicles or traffic if an alternate route is provided for restricted or prohibited classes of vehicles or traffic; and

  (c)   may maintain, discontinue, abandon, or close, and exercise all other powers with respect to Freeways or Controlled Major Highways to the same extent and in the same manner as other roads.

**Sec. 49-73. Access to Freeway or Controlled Major Highway where it divides property under one ownership.**

  If real property held by one owner is severed by a Freeway or Controlled Major Highway, the Director of Transportation may provide for access across the Freeway or Controlled Major Highway from one such tract to the other, either at grade or below or above grade, on such conditions as the Director sets.  Any connecting road or roads must not be used for or in connection with the conduct of any roadside business or enterprise. If the affected land is no longer held under one ownership, the Department may discontinue any access road.

  In acquiring property for any purpose listed in the three preceding sections, the Director must fully inform the owners of the use and restrictions of the property.

**Sec. 49-74. Right of access.**

  When a road is constructed as a Freeway or Controlled Major Highway, an owner of land abutting the road or other person must not have any right of access to, from, or across any abutting land to or from the Freeway or Controlled Major Highway.  At the time of the construction of the Freeway or Controlled Major Highway or thereafter, the Director of Transportation may designate points at which access will be permitted, on conditions the Director sets.

**Sec. 49-75. Reserved.**

### Article 8. Rustic Roads Program.

**Sec. 49-76. Purpose.**

  This Article authorizes the identification and classification of rustic roads in that part of the County located in the Maryland-Washington Regional District.  This Article establishes a program to preserve as rustic roads those historic and scenic roadways that reflect the agricultural character and rural origins of the County.  Preservation of rustic roads must be achieved by retaining certain physical features of rustic roads and by certain right-of-way maintenance procedures.

**Sec. 49-77. Definitions.**

  In this Article, the following terms have the meanings indicated:

  Committee means the Rustic Roads Advisory Committee.

  Commodity farmer means a person engaged in the production of at least 100 acres of field crops such as corn, soybeans, barley, and wheat, or forage crops such as hay, requiring the use of large commercial equipment for planting, nutrient application, pest management, and harvesting.

  Exceptional rustic road means an existing public road or road segment which is so classified under Section 49-78.

  Public utility means any private company or public agency that is regulated as a public utility under state law, or otherwise provides water, sewer, electric, gas, telephone, or cable service (as defined in Chapter 8A) in the County.

  Rustic road means an existing public road or road segment which is so classified under Section 49-78.

**Sec. 49-78. Rustic road classification and reclassification.**

  (a)   Classification.  The County Council may classify, reclassify, or revoke the classification of an existing public road or road segment as a rustic road or an exceptional rustic road by approving an amendment to the functional plan and the relevant area master plan.

  (b)    Criteria for rustic road. Before classifying a road as rustic, the Council must find that an existing public road or road segment:

    (1)   is located in an area where natural, agricultural, or historic features are predominant, and where master planned land use goals and zoning are compatible with a rural/rustic character;

    (2)   is a narrow road intended for predominantly local use;

    (3)   is a low volume road with traffic volumes that do not detract significantly from the rustic character of the road;

    (4)

      (A)   has outstanding natural features along its borders, such as native vegetation, stands of trees, stream valleys;

      (B)   provides outstanding vistas of farm fields and rural landscape or buildings; or

      (C)   provides access to historic resources, follows historic alignments, or highlights historic landscapes; and

    (5)   the history of vehicle and pedestrian crashes on the road in its current configuration does not suggest unsafe conditions.

  The Council must not classify a road as rustic if that classification will significantly impair the function or safety of the road network.

  (c)    Criteria for exceptional rustic road. The Council may classify an existing public road or road segment as an exceptional rustic road.  Before classifying a road as an exceptional rustic road, the Council must find that the road or road segment:

    (1)   qualifies as a rustic road under subsection (b);

    (2)   contributes significantly to the natural, agricultural, or historic characteristics of the County;

    (3)   has unusual features found on few other roads in the County; and

    (4)   would be more negatively affected by improvements or modifications to the physical characteristics of the road than would most other roads in the rustic roads program.

  (d)    Significant features. When the Council classifies a road as a rustic road or an exceptional rustic road, the Council must identify the significant features of each such road that must be preserved when the road is maintained or improved.

**Sec. 49-79. Maintenance and improvements.**

  (a)    County roads. Each rustic road and exceptional rustic road must be maintained and improved in a manner that preserves the road's significant features which the Council identified under subsection 49-78(d), but this requirement does not preclude improvements to promote safety or movement of farm equipment.  The County Executive must establish guidelines by regulation under method (2) for maintenance and improvement of rustic roads and exceptional rustic roads.

  (b)    State and park roads. The Executive must encourage the State Highway Administration and the County Parks Department to maintain and improve rustic roads owned by the State or Park Commission in a manner consistent with this Article.

  (c)    Public utilities. Public utility work on or near a rustic road or exceptional rustic road is limited by this Article only when the work will damage a structure identified as a significant feature of the road which the Council identified under subsection 49-78(d).  Each public utility must make all reasonable efforts to limit irreparable damage to any significant feature when working on or near a rustic road or exceptional rustic road.

  (d)    If this Article conflicts with Chapter 24A, Chapter 24A prevails.

**Sec. 49-80. Rustic Roads Advisory Committee.**

  (a)    Membership.  The County Executive must appoint, subject to confirmation by the County Council, a Rustic Roads Advisory Committee.  In making appointments, the Executive must strive to achieve diversity on the Committee in support of racial equity and social justice.  The Committee has 9 voting members.  Each member must be a resident of the County.  The Executive should appoint:

    (1)   three members who operate commercial farmland earning 50 percent or more of their income from direct involvement in commodity farming;

    (2)   one member who is a representative of the Agricultural Advisory Committee and has been recommended to the Executive by the AAC;

    (3)   one member who knows rural preservation techniques through practical experience and training;

    (4)   one member who knows roadway engineering through practical experience and training; and

    (5)   three at-large members who do not satisfy the requirements of subsections (a)(1) through (a)(4) above, to be drawn from frequent users of rustic roads.

The Chairman of the Planning Board must designate a member of the planning staff as a non-voting Committee member.

  (b)    Officers. The Committee must elect a chair annually.  The Committee may select other officers annually as it finds appropriate.  A member must not serve as chair for more than 2 consecutive years.

  (c)    Meetings. The Committee must meet at the call of the chair as often as required to perform its duties, but at least 6 times each year.  The Committee must also meet if two- thirds of the voting members request in writing that a meeting be held.  The Chair must give reasonable advance notice of all meetings to members of the Committee and the public.  A majority of the members are a quorum to transact business.

  (d)    By-laws. The Committee may adopt by-laws to govern its activities.

  (e)    Duties. The Committee must:

    (1)   promote public awareness and knowledge of the County rustic roads program;

    (2)   review and comment on classification of rustic roads and exceptional rustic roads;

    (3)   review and provide comments on subdivision applications when the requirements of the Subdivision Regulations conflict with this Article or Executive Regulations;

    (4)   other duties as required by Executive Regulations;

    (5)   review and comment on Executive Regulations and other County policies and programs that may affect the rustic roads program; and

    (6)   report on June 1 of each even numbered year to the Executive, the Council, and the Planning Board on the status of the rustic roads program.

  (f)   Advocacy.  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

  (g)   Staff. The Chief Administrative Officer must provide the Committee with staff, offices, and supplies as are appropriated for it.

  “Notwithstanding Section 49-80(a) of the County Code, the County Executive may reappoint to the Rustic Roads Advisory Committee, subject to confirmation by the County Council, any at-large member of the Committee appointed before January 1, 1997, who otherwise may be precluded from reappointment because of the specific requirements of that subsection.”

### Article 9. Pedestrian and Traffic Safety Advisory Committee.

**Sec. 49-81. Pedestrian, Bicycle, and Traffic Safety Advisory Committee.**

  (a)   Definition.  In this Section “Committee” means the Pedestrian, Bicycle, and Traffic Safety Advisory Committee.

  (b)   Established.  The County Executive must appoint, subject to confirmation by the County Council, a Pedestrian, Bicycle, and Traffic Safety Advisory Committee.

  (c)   Composition and terms of members.

    (1)   The Committee has 17 members.

    (2)   The Executive must appoint a representative from each of the following departments as members:

      (A)   the Police Department;

      (B)   the Department of Transportation; and

      (C)   one of the Regional Services Centers.

    (3)   The Executive must invite a representative from each of the following agencies to serve as members:

      (A)   the County Council;

      (B)   the County Planning Board;

      (C)   the Montgomery County Public Schools; and

      (D)   the State Highway Administration.

    (4)   The Executive must appoint:

      (A)   one member representing a municipality from a list provided by the County chapter of the Maryland Municipal League;

      (B)   one member representing advocates of bicycling; and

      (C)   one member representing people with disabilities.

    (5)   The Executive must appoint the remaining individuals from different geographic areas of the County.

    (6)   The term of each member is 3 years.  After an appointment to fill a vacancy before a term expires, the successor serves the rest of the unexpired term.

  (d)   Voting, officers, meetings, and compensation.

    (1)   All members of the Committee are voting members.

    (2)   The Executive must designate a member of the Committee as Chair for one 2- year term.

    (3)   The Committee meets at the call of the Chair.  The Committee must meet as often as necessary to perform its duties, but not less than 4 times each year.

    (4)   A member must serve without compensation.  However, a member may request reimbursement for mileage and dependent care costs at rates established by the County.

  (e)   Duties.  The Committee must:

    (1)   advise the Executive and Council on the status of the implementation of the recommendations in the Pedestrian Safety Final Report, issued in 2002;

    (2)   advise the Executive and Council of priorities and needs for pedestrian and bicycle safety and access, and other pedestrian-related issues; and

    (3)   continue to gather information on pedestrian safety and other pedestrian-related issues and identify new issues that emerge.

  (f)   Annual Report.  By November 1 each year, the Committee must submit to the Executive and the Council an annual report on its functions, activities, accomplishments, and plans and objectives.

  (g)   Advocacy.  The Committee must not engage in any advocacy activity at the State or federal levels unless that activities is approved by the Office of Intergovernmental Relations.

  (h)   Staff.  The Chief Administrative Officer must provide appropriate staff to the Committee.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 50. Subdivision of Land.

### Article I. In General

#### Division 50.1. Purpose

**Section 1.1. Purpose of Chapter 50**

  This Chapter provides for the legal division and subsequent transfer of land. The intent of this Chapter is to facilitate harmonious development and promote the health, safety, and welfare of the present and future inhabitants of the Maryland-Washington Regional District within Montgomery County under the General Plan. In particular, this Chapter provides a means to coordinate new facilities with other existing and planned facilities and make a determination of adequate public facilities, land for public use, and the protection of natural resources and sensitive environmental features.

#### Division 50.2. Interpretation and Defined Terms

**Section 2.1. Rules of Interpretation**

  The following rules of interpretation apply to this Chapter.

  A.   How to Compute Periods Measured in Months. If a period of time is measured in months, the period begins and ends on the same day of a month; however, if there are not enough days in the final month for this to be possible, the period ends on the final day of the final month.

  B.   How to Compute Periods Measured in Days. If this Chapter requires or allows a person to perform an act within a specific time period measured in days, the person must compute the deadline in the following manner:

    1.   If the period follows an event, count the day after the event as the first day of the period.

    2.   Count the remaining number of calendar days in the period; however, if the period is 7 days or fewer, omit Saturdays, Sundays, and legal holidays.

    3.   Do not count the last day if it is a Saturday, Sunday, legal holiday, or if the office where the person must file a document or perform an act is not open during the regular hours of that office on that day.

  C.   Requirements to Act by a Specific Date.

    1.   If the law requires or allows a person to perform an act by a specific date, but the specific date is a Saturday, Sunday, or legal holiday, the person may perform the act on the next day that is not a Saturday, Sunday, or legal holiday.

    2.   Any action required to be taken within a specific time period is measured from the date of a final agency action, or, if a party seeks judicial review of the agency action, from the date the court makes a final decision.

  D.   Signatures. The signature of a person may be the actual signature of the person or a mark that the person has authorized.

  E.   Singular and Plural. The singular includes the plural and the plural includes the singular.

  F.   Tense. The present tense includes the future tense.

  G.   Use of “Or”. “Or” indicates that the connected items, conditions, provisions, or events may apply singularly or in any combination.

  H.   Use of “Includes”. “Includes” does not limit a term to the specific examples.

  I.   Titles of Articles, Divisions, and Sections. Titles and captions are not part of the law. They only advise the reader of the content of each Article, Division, or Section.

  J.   Use of “Chapter”. “Chapter” means a numbered section in the Montgomery County Code.

  K.   Use of “Section”. In this Chapter, “Section” means section or subsection, as the context indicates.

  L.   Use of “In Writing”. In this Chapter, written communication includes electronic communication.

  M.   Reference to County Standards. For infrastructure under the jurisdiction of State or local municipalities, references in these regulations to County standards, published policy, and procedures include the applicable standards, policy, and procedures of the agency responsible for maintaining the infrastructure.

**Section 2.2. Definitions**

  All terms used in this Chapter that are defined in Chapter 59 or Chapter 49 have the same meanings as the definitions in those Chapters, unless otherwise defined here. In this Chapter, the following words and phrases have the meanings indicated.

  A.

  Administrative Civil Penalty: A monetary penalty imposed by the Board after considering the factors in this Chapter for violating a Planning Board Action or Director Action.

  Administrative Subdivision Plan: A preliminary plan submitted for the Director’s approval before the preparation of a plat.

  Agricultural Land: Land classified in the Agricultural Reserve zone established by Division 4.2 of Chapter 59; and land in other zones containing at least 25 acres devoted to an agricultural use as defined in Chapter 59.

  Applicant, Developer or Subdivider: An individual, partnership, corporation, or other legal entity and its agent that undertakes the subdivision of land or the activities covered by this Chapter. The terms include all persons involved in successive stages of the project, even though such persons may change and ownership of the land may change. Each term includes the other.

  B.

  Bikeshare Station or Stations: A designated area on publicly or privately owned real property that contains one or more of the following items: bikeshare dock, terminal, technical platform, battery, and map frame.

  Bicycle Facilities: Any infrastructure or amenity required to provide for or enhance use of bicycles for transportation or recreational purposes by the public, including but not limited to the following: bikeways, bicycle parking equipment or structures, bicycle repair stands, bikeshare stations, and end-of-trip services such as showers and changing rooms.

  Board: The Montgomery County Planning Board of the Maryland-National Capital Park and Planning Commission.

  Block: Land area bounded by roads, other rights-of-way, unsubdivided acreage, natural barriers, and any other barrier to the continuity of development.

  Building Envelope: The portion of a lot, enclosed by the front, rear, and side setback lines and any additional building restriction lines, in which a structure may be placed.

  Building Restriction Line: A line designating an area in which development or building is prohibited under this Chapter.

  Burial site: A physical location where human remains were buried in the earth, or entombed in a mausoleum or columbarium. A burial site includes a cemetery, but does not include the sprinkling of ashes from cremated remains.

  C.

  Citation: A document noting a violation of a Planning Board Action or Director Action, seeking to impose a civil fine or corrective action.

  Civil Fine: A requirement to pay a predetermined sum of money specified in an administrative citation for violating a Planning Board Action or Director Action.

  Commission: The Maryland-National Capital Park and Planning Commission.

  Council: The Montgomery County Council sitting as the District Council.

  County Executive: The Montgomery County Executive.

  D.

  Department of Permitting Services: The Montgomery County Department of Permitting Services.

  Department of Transportation: The Montgomery County Department of Transportation.

  Development: The act of building structures and installing site improvements, both public and private, or the resulting structures and improvements.

  Development Review Committee: A review committee to whom a plan is referred under the requirements of this Chapter. The Committee consists of Planning Department Staff and staff of any County, State, and Federal agency; municipality; and utility company and meets with applicants to facilitate review of the plan.

  Developer: see “Applicant”.

  Development Rights: The potential for the improvement of a tract of land based on its zoning classification, measured in dwelling units or floor area.

  Director: The Director of the Montgomery County Planning Department or such Director’s designee.

  Director Action: A written decision on a preliminary plan, site plan, or other plan, including all associated terms, conditions, requirements, and other obligations or limits, made by the Director under State law and Chapters 50 and 59, including any regulations approved under State or County law. For the purposes of an enforcement action, a Director Action excludes a decision made by the Director under Chapter 22A.

  District or Regional District: The Maryland-Washington Regional District, established by the Land Use Article of the Annotated Code of Maryland.

  E.

  Easement: A grant or reservation by the owner of land for the use of all or a portion of the land to others, including the public, for a specific purpose or purposes. The easement must be included in the conveyance of the encumbered land. For platting under this Chapter, an easement area is included within the dimensions and areas of the lots through which the easement may run, and is not separated from the lot as in the case of a dedicated right-of-way.

  Easement, Slope: An easement to permit the creation and maintenance of slopes necessary to stabilize construction or to stabilize lands adjacent to construction.

  Enforcement Agent: The Director, or the Director’s designee responsible for determining compliance with a Planning Board Action or Director Action.

  Engineer: A professional engineer licensed in Maryland.

  Environmentally Sensitive Area: In this Chapter, environmentally sensitive areas are limited to: (a) slopes equal to or exceeding 25 percent, wetlands, streams, and associated buffers as defined in the latest version of the “Guidelines for Environmental Management of Development in Montgomery County”; and (b) critical habitats for threatened or endangered wildlife or plant species as defined in the Code of Maryland Regulations (COMAR) 08.03.08, or for species designated by the Maryland Wildlife and Heritage Service Natural Heritage Program, Department of Natural Resources as rare, watchlist, or in need of conservation.

  F.

  Flag Lot: A lot that is separated from the nearest public or private road except for a narrow strip of land used for vehicular access, pedestrian access, frontage requirements, or utility connections.

  Floodplain: as defined in Chapter 19.

  Floodplain, 100-year: as defined in Chapter 19.

  G.

  Growth and Infrastructure Policy: The resolution or guidelines adopted by the District Council to determine the adequacy of public facilities and services.

  Growth Tiers: Tiers adopted by Montgomery County under Subtitle 5 of the Land Use Article.

  H.

  I.

  Improvements: Required public or private infrastructure needed to support the development, including the following: roads; alleys; grading; road pavement; curbs and gutters; sidewalks; pedestrian ways or paths; bicycle infrastructure, including bikeshare facilities; water mains; sanitary sewer lines; water supply and sewage disposal; storm drain facilities; curb returns; sidewalk and driveway entrances in right-of-way; guard rails; retaining walls; sodding; planting; street trees; monuments; street lights; and stormwater management.

  Improvement, Public: Any improvements located on land dedicated to the public or within a dedicated right-of-way or public improvement easement.

  J.

  K.

  L.

  Land Surveyor: A land surveyor who is licensed in the State to “practice land surveying” as defined in the Maryland Business Occupations and Professions Code Ann. Section 15-101, as amended.

  Limit of Disturbance Line: A line designating an area beyond which land disturbance as defined in Chapter 19 is prohibited.

  Lot: A discrete area of land that is described by a plat recorded in the land records for which the Department of Permitting Services may issue a building permit.

  M.

  Maryland Coordinate System: The coordinate system defined in the Annotated Code of Maryland, Real Prop. §§ 14-401 through 14-407.

  Maryland-Washington Regional District in Montgomery County: An area defined by the Land Use Article of the Annotated Code of Maryland as the entire County; however, subdivision, planning, and zoning matters within the jurisdictional boundaries of Brookeville, Poolesville, Laytonsville, Rockville, Barnesville, Gaithersburg, and Washington Grove are governed only by each municipality’s ordinance.

  Master Plan: A plan of any portion of the General Plan that may consist of maps, data, and other descriptive matter that guides the physical development of the district or any portion of the district, including any amendments, extensions, or additions by the Commission, indicating the general locations for major roads, parks or other public spaces, public building sites, routes for public utilities, zones, or other similar information. Master plan includes a sector plan and any other type of master plan prepared by the Board and approved by the District Council. See Land Use Article of the Annotated Code of Maryland.

  Mid-Block Right-of-Way: A pedestrian or bike right-of-way within a block, which may include utilities where necessary, and from which motor vehicles are typically excluded.

  Minor Subdivision: Creation of lots through the division, resubdivision, or assemblage of a lot, tract, or parcel of land, including minor adjustments to existing lot lines, that does not require the approval of a preliminary plan of subdivision. For the purpose of applying the State Growth Tier rules, a minor subdivision is separately defined in Section 4.3.F.3.a.i.

  N.

  Notice of Hearing: An administrative document issued by the Director that informs an alleged violator where and when an enforcement hearing will be held by the Board or the Board’s designee to address an alleged violation.

  Notice of Violation: A document issued by an enforcement agent that informs a recipient of a violation and specifies the remedial action that the recipient must take to avoid further enforcement action.

  O.

  Outlot: An area of land shown on a record plat on which the construction of a building or other structure requiring a building permit is prohibited.

  Owner: A person or other legal entity holding a legal title in the land, not including a mortgagee, lienor, lessee, or contract purchaser.

  Ownership Plat: A plat approved by the Board and recorded in the land records for the convenience of the property owner that designates land as separate units for purposes of ownership identification only.

  Ownership unit: An area of land shown on an ownership plat or on a record plat created only for the convenience of the owner under Section 7.1.D of this Chapter that reflects a deed, mortgage, or lease line but does not subdivide the underlying lot.

  P.

  Parcel, Unplatted: A contiguous area of land described only in a deed recorded in the land records and not included on a record plat.

  Person: An individual, partnership, corporation, organization, or other legal entity that owns property or otherwise has an interest in a property.

  Place of Worship: A meeting area for religious practices, including a church, a synagogue, a mosque, a convent, a temple, or a monastery.

  Planning Board: see “Board”.

  Planning Board Action: A final decision on a preliminary plan, site plan, project plan, sketch plan, water quality plan, or other plan, including all associated terms, conditions, requirements, and other obligations or limits, made by the Board under State law and Chapters 50 and 59, including any regulations issued under State or County law. For the purposes of an enforcement action, a Planning Board Action excludes a decision made by the Board under Chapter 22A.

  Plat: A drawing depicting some or all of an approved subdivision, prepared and submitted under this Chapter, and intended for recording in the land records after approval by the Board. A plat may consist of one or more sequentially numbered sheets. See also “Record Plat”.

  Preliminary Plan: A drawing for a proposed subdivision submitted for approval before the preparation of a plat.

  Pre-Preliminary Plan: A drawing for a proposed subdivision submitted for binding or non-binding advice before the submission of a preliminary plan.

  Q.

  R.

  Receiving Area: Land designated on the zoning map as qualified for more development than its base density through the transfer of development rights.

  Record Plat: A plat of subdivision recorded in the land records under the requirements of this Chapter.

  Resubdivision: A change to any lot line created by a previously recorded record plat. Resubdivision includes the assembly of recorded lots or parts of previously recorded lots. A resubdivision is a subdivision.

  Right-of-Way: Land intended for the passage of people, vehicles, or utilities, as shown on a record plat or described by a deed of dedication under Section 50.3.3.A.3. Any right-of-way for a public road must be dedicated to public use by the maker of the plat. The land area of a public right-of-way may be donated in fee to the County, state, or other governmental body. The parcel or area delineated on a plat for a private road is the private road right-of-way.

  Road: Any street, highway, avenue, lane, alley, or viaduct, or any segment of any of them. Roads must be created by a subdivision plan under this Chapter and be shown on a record plat or deemed a road under Chapter 49.

  Road, Centerline of: A line established as a centerline of a road right-of-way by any State, County, or other official agency or governing body with jurisdiction and shown on an officially adopted plan or recorded plat. In the absence of an official centerline, the Board or Director must establish the centerline with consultation from the applicable agency with jurisdiction over the road.

  Road Design and Construction Code: Article 3 of Chapter 49 and any regulation that implements and amends that Article.

  S.

  Shared Access Lot: A flag lot or a lot that does not abut a public or private road that is created for the subdivision of land for a duplex, triplex, townhouse, or apartment building type.

  State: The State of Maryland.

  Stop Work Order: In this Chapter, an administrative order issued by an enforcement agent that requires a person to discontinue any further development, construction, or other land disturbance activity authorized by a Planning Board Action or a Director Action until a violation has been corrected.

  Subdivider: see “Applicant”.

  Subdivision (v.): The division or assemblage of a lot, tract, or parcel of land into one or more lots or parcels or other divisions for the purpose, whether immediate or future, of sale or development. The definition of subdivision does not include a bona fide division of exclusively agricultural land not for development purposes. A resubdivision is a subdivision.

  Subdivision (n.): The land or area subdivided.

  Subdivision Regulations: Chapter 50 of the Montgomery County Code, also referred to as this Chapter.

  T.

  Tract: A contiguous area of land, including all proposed and existing rights-of-way, lots, parcels, and other land dedicated or donated in fee by the owner or a predecessor in title. A tract does not include land conveyed to a government for more than nominal consideration.

  Turnaround: The termination of a road in the approximate shape of a “T”, built to allow vehicles to reverse direction using a 3-point turn. A temporary turnaround may become the permanent terminus of a public street when it is so approved by the Director of the Department of Transportation.

  U.

  Utilities: Water, sewage, gas, electric, energy, telecommunications, telephone, broadband, cable facilities, and similar facilities that serve the public.

  V.

  W.

  Water Quality Plan: A plan, including supporting documents, required as part of a water quality review under Chapter 19 for certain projects located in a special protection area.

  WMATA: The Washington Metropolitan Area Transit Authority.

  WSSC: The Washington Suburban Sanitary Commission.

  X.

  Y.

  Z.

  This section is cited in Lee v. Maryland-National Capital Park & Planning Commission, 107 Md.App. 486, 668 A.2d 980 (1995).  Section 2.2 [formerly §50-1 and, prior to that, §104-1] is cited in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).  Section 2.2 [formerly §50-1 and, prior to that, §19-1] is cited in Nohowel v. Hall, 218 Md. 160, 146 A.2d 187 (1958).

  Ord. No. 15-65, §2, states: This ordinance takes effect on March 1, 2006.  Section 50-41 [now portions of §§2.2 and 10.6], as amended by this ordinance, applies to any enforcement action taken on or after that date, including any action to enforce a Planning Board Action taken before that date.

#### Division 50.3. General Requirements

**Section 3.1. Applicability of the Chapter**

  This Chapter applies to any subdivision of land within Montgomery County located within the Maryland-Washington Regional District, except for a good faith division of exclusively agricultural land that is not made for development purposes.

  All of the county now lies within the Maryland-Washington Regional District subject to the limitations contained in Md. Ann. Code, art. 28.

**Section 3.2. Record Plat Required**

  A.   Any subdivision of land must be included on a plat approved by the Board and recorded in the land records before transfer of any part of the subdivided land.

  B.   A building permit may only be issued for a building located on a lot or parcel shown on a plat recorded in the County Land Records or on a parcel exempt from recording requirements under Subsection 3.3.B, and in a manner that does not result in the building or structure crossing a lot line.

  Ord. No. 19-12, § 3, states:  Automatic Extensions.

  (a)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009 is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2015 or for which a timely application for an extension of the validity period was pending on March 31, 2015, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  Ord. No. 19-12, § 4, states:  Automatic Extensions:

  (a)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009, including any separate phase of a multi-phase plan, is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, including any separate phase of a multi-phase plan, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, including any separate phase of a multi-phase plan, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2015, or for which a timely application for an extension of the validity period was pending on March 31, 2015, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

**Section 3.3. Exemptions to the Requirements of this Chapter**

  A.   An approved preliminary plan and recording of a plat under this Chapter are not required for the division or conveyance of unplatted land in the following instances:

    1.   Court action. Partition of land by will or through action of a court of competent jurisdiction unless or until development of the land is proposed.

    2.   Utility rights-of-way. Land used as part of an electric transmission line right-of-way or other public utility right-of-way.

    3.   Advanced dedication or donation to the County, state, or other governmental body of master planned road rights-of-way.

  B.   Recordation of a plat before issuance of a building permit is not required for:

    1.   Agricultural land used for residential dwellings. An unplatted parcel of agricultural land at least 25 acres in size used for a primary dwelling unit if density and development rights are available and the parcel is eligible to obtain any required sewage disposal permits.

    2.   Public transfer. A part of a lot previously shown on a record plat that was created by transfer of part of the lot for public use by reference to a recorded instrument, if the outlines and dimensions of such remainder can be determined by reference to the previously recorded plat. This provision also applies to any property that qualified for an exemption under this Section before the transfer.

    3.   Adjoining property. A part of a lot created by deed recorded before May 19, 1997 between owners of adjoining platted properties for the purpose of small adjustments in boundaries. This applies only to an adjustment that was less than either a total of 2,000 square feet or one percent of the combined area, if additional lots were not created and the total area of resulting ownership was not reduced below the minimum size required by this Chapter or by Chapter 59.

    4.   Property for Single-Unit Living:

      a.   An unplatted parcel or a part of a previously platted lot, proposed for single-unit living, which has not changed in size or shape since June 1, 1958, if a description and location of the property and proposed structure are submitted to the Planning Department, before issuance of a building permit, sufficient to:

        i.   locate the property on the tax maps of Montgomery County;

        ii.   show that the approval of the building permit application would not result in obstructing the future opening, extension, or widening of any necessary road, or otherwise jeopardize any planned public facility;

        iii.   show that the property and use comply with the zoning ordinance, and show the setbacks and any other information needed to check compliance with regulations, including provisions for water and sanitary service, and establishment of a building restriction line along any existing or proposed road sufficient to provide for future expansion or opening of such road to its ultimate width; and

        iv.   show that the approval of the permit would not adversely affect the General Plan.

      b.   An unplatted parcel or a part of a previously platted lot used for reconstruction of an existing detached house under Chapter 59, Section 7.7.1.

      c.   An unplatted parcel created by combining the entirety of two or more contiguous parcels that qualified for an exemption under Subsection (a).

    5.   Certain residential property in the City of Takoma Park. Property located in the portion of the City of Takoma Park annexed into Montgomery County on July 1, 1997 that was recorded by a deed before January 1, 1982 and remains otherwise buildable under the Prince George’s County Zoning and Subdivision Regulations on June 30, 1997, if a description and locational survey drawing of the property and proposed structure are submitted to locate them on the tax map of Montgomery County.

    6.   Certain commercial properties adjoining State highways. An addition to a building on property zoned for commercial uses:

      a.   adjoining a State highway;

      b.   located within a State-approved Community Legacy Plan Area on October 30, 2012;

      c.   with less than 10,000 square feet of gross floor area on October 30, 2012, where subsequent building permits cumulatively allow increases in total gross floor area by less than 2,000 square feet; and

      d.   that includes a description and boundary survey drawing of the property and proposed structure at a 1-inch-equals-50-foot scale or another appropriate scale as determined by the Director that demonstrates that the additional floor area will not extend into any adopted master plan road right-of-way.

    7.   Certain commercial properties adjoining State highways in Rural Village Overlay zones. An addition, reconstruction, or replacement of a building on commercially zoned property:

      a.   adjoining a State highway;

      b.   located in the Rural Village Overlay zone;

      c.   with less than 10,000 square feet of existing gross floor area where later building permits cumulatively allow net increases in total gross floor area of less than 2,000 square feet;

      d.   that includes a description and boundary survey drawing of the property and proposed structure on a 1-inch-equals-50-foot scale or another appropriate scale, as determined by the Director, showing that the additional floor area will not extend into any adopted master plan road right-of-way; and

      e.   that is submitted within one year after demolition or destruction of the previous building was substantially completed.

    8.   Certain non-residential properties. An unplatted parcel or a part of a previously platted lot used for reconstruction of a non-residential structure involuntarily demolished by force of nature if the floor area, height, and footprint of the new replacement structure are not increased.

    9.   Agricultural land used for Farm Alcohol Production or agritourism. An unplatted parcel used for Farm Alcohol Production or for Accessory Agricultural Education and Tourism.

    10.   Utility and Communication Structures. The construction of telecommunications towers, antennas, solar arrays, relay stations, or similar facilities, including their associated accessory structures, which are not intended for the shelter, support, or enclosure of persons, unless otherwise required by the Board or unless future development of the land requires a subdivision plan.

**Section 3.4. Approving Authority**

  The Board administers this Chapter.

**Section 3.5. Effect of Chapter on Other Ordinances**

  This Chapter does not repeal or modify or otherwise affect any other ordinance, resolution, rule, or regulation of the County; however, wherever this Chapter imposes more stringent requirements, the provisions of this Chapter must prevail.

**Section 3.6. Submission Procedures for Subdivision Plans**

  A.   The Board will consider subdivision of land as follows:

    1.   Except for an administrative or minor subdivision under Divisions 50.6 and 50.7, the subdivider must submit a complete preliminary plan application form and payment of the required fee.

    2.   The plat of all or part of an approved subdivision plan must be submitted with required supporting data and documents, a completed application form, and payment of the required fee.

  B.   Subdivision of part of a tract. The Director may reject a subdivision plan application for part of a tract if the size and shape of the property as submitted prevent designing a plan that will meet standards established by these regulations, and require all or a larger part of the tract to be platted to meet this Chapter, Chapter 49, or other laws or regulations.

  C.   Properties with a pending water or sewer category change request. The Director may reject a subdivision plan application for a property undergoing review by the Council for a water or sewer category change request, and require Council action to approve the request before a preliminary plan application is accepted.

  D.   Area within pending zoning map amendments. The Director may reject a subdivision plan if all or any part of the plan is located within the boundaries of a pending amendment to the zoning map. The subdivider may resubmit the plan immediately after the final disposition of the pending amendment. This Subsection must not apply if any map amendment is still pending 6 months after the date of the submission of the plan.

  E.   Area within pending master plan. The Board may defer action on a proposed subdivision plan application if all or any part of the plan is located in the boundaries of a pending master plan or master plan amendment. For purposes of this Section, a pending master plan or master plan amendment is the public hearing draft master plan or master plan amendment.

    1.   The subdivider may resubmit a proposed subdivision plan deferred under this Section to the Board either:

      a.   after the final disposition by the District Council of the pending master plan or master plan amendment; or

      b.   no later than 12 months from the date the Board approves the public hearing draft master plan or master plan amendment, unless there is a determination by the Board that the subdivision plan application presents a substantial conflict with the proposed public hearing draft master plan or master plan amendment, in which case the Board may defer a subdivision plan application for a maximum of 18 months from the date the Board approves the public hearing draft master plan or master plan amendment, but in no event beyond the period in Subsection a.

  Ord. No. 19-12, § 3, states:  Automatic Extensions.

  (a)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009 is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2015 or for which a timely application for an extension of the validity period was pending on March 31, 2015, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  Ord. No. 19-12, § 4, states:  Automatic Extensions:

  (a)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009, including any separate phase of a multi-phase plan, is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, including any separate phase of a multi-phase plan, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, including any separate phase of a multi-phase plan, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2015, or for which a timely application for an extension of the validity period was pending on March 31, 2015, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

### Article Ii. Subdivision Plans

#### Division 50.4. Preliminary Plan

**Section 4.1. Filing and Specifications**

  A.   Application and fee.

    1.   The subdivider must file the preliminary plan with the Board, together with the completed application form, supporting information, and payment of the required fee.

    2.   The subdivider must own the property or be authorized by the owner to file the application.

    3.   If property is owned or controlled by the State, Montgomery County, or another political subdivision, government entity or agency, or WMATA, the subdivider must obtain authorization from the government entity, agency or WMATA to include the property as part of the subdivision.

  B.   The drawing. The subdivider must submit a preliminary plan drawing in a form required by regulations of the Board. Details and information must include:

    1.   scaled drawing of a maximum of 100 feet to the inch, or as specified by the Director;

    2.   title block information;

    3.   certificate of an engineer or land surveyor to affirm the accuracy of boundary lines, topographic data, and other engineering or survey data, and to certify that the subdivision plans and supporting documents were prepared in a manner that satisfies all submission requirements and applicable agency standards, policies, and procedures;

    4.   locations and names of abutting and confronting subdivisions with lot, block, and record plat number of subdivided land, and deed references for unplatted land;

    5.   existing scenic easements, scenic vistas designated by the Rustic Roads Plan, or designated historic resources;

    6.   vicinity location map; and

    7.   graphic representation of the proposed subdivision, including:

      a.   bearings referenced to the Maryland Coordinate System, except that an application filed to correct an approved preliminary plan may be referenced to the plat meridian used on the original approved preliminary plan or the record plat;

      b.   lot and block layout;

      c.   all roads labeled as public or private with construction details. The subdivider must show the applicable Road Design and Construction Code design standards or typical sections for the proposed roads and must list any proposed modifications;

      d.   location of existing and proposed utilities;

      e.   existing topography with contour intervals of 5 feet or less;

      f.   location and width of existing and proposed pedestrian and bicycle facilities, including sidewalks, shared-use paths and on-road bicycle lanes and connections to existing off-site facilities;

      g.   sites for public uses and open spaces;

      h.   location, type, and width of all existing and proposed rights-of-way and easements, including roads, slopes, paths, utilities, on- and off-site storm drainage, and other improvements;

      i.   the proposed use of all lots on the preliminary plan and the scaled dimensions and approximate area of each use;

      j.   lines showing the limits of each zone, if the property is located in more than one zone;

      k.   all existing topography, structures, and paving on adjoining properties within 100 feet; and

      l.   location of any burial sites of which the applicant has actual notice or constructive notice or that is included in the Montgomery County Cemetery Inventory.

  C.   Supporting information.

    1.   An approved Natural Resources Inventory/Forest Stand Delineation.

    2.   A preliminary forest conservation plan or forest conservation exemption.

    3.   Verification from the County and other applicable agencies showing payment of any required fees in connection with the County’s review process.

    4.   Concept road grade and profile. For a public road, an engineer or a land surveyor must prepare conceptual road grade and profile plans under the design criteria approved by the Department of Transportation and indicate the percentage of tangent grades, lengths of crest and sag, vertical curves and elevations, and elevations of all intersecting roads. The plan must indicate the direction of water flow. Where the topography makes the determination of the adequacy of the road grades difficult, the Director may require additional supporting information.

    5.   Storm drainage capacity and impact analysis. The concept road grade plan must be supported by a preliminary storm drain study prepared under the drainage design criteria of the transportation or permitting agency with jurisdiction over the road.

    6.   Sight distance evaluation for all driveways that will serve new development and road intersections prepared under the criteria of the applicable State or County transportation agency.

    7.   Hydraulic Planning Analysis. For lots located in areas where the subdivider proposes connection to public water and sewer facilities, the subdivider must submit verification from WSSC that the subdivider has applied for a Hydraulic Planning Analysis.

    8.   Wells and septic systems. For lots located in areas where the subdivider proposes the installation of individual wells and septic systems, the preliminary plan must also show:

      a.   the proposed locations of water wells for each lot and existing wells on the property and within 100 feet of the property;

      b.   a circular area with a radius of 100 feet around each well to denote clear space in which no final sewage system is to be located;

      c.   the “usable area” for sewage disposal that satisfies the Executive Regulations for on-site sewage disposal;

      d.   any existing sewage disposal systems located on the property and within 100 feet of the property;

      e.   wetlands, rock outcrops, and floodplains; and

      f.   a 10-foot zone surrounding the water service line to buildings, free and clear of any sewer lines, systems, or part thereof.

    9.   Phasing schedule.

      a.   The preliminary plan approval establishes the plan validity and adequate public facilities validity periods for the entire project.

      b.   Where the subdivider proposes a phased project that will cumulatively exceed the minimum validity periods under Sections 4.2.G.2.a and 4.3.J.5.a, the applicant must submit a recording and construction phasing schedule as part of the preliminary plan for approval by the Board. The schedule must indicate the portions of the preliminary plan for which record plats and building permits will be obtained during each of the proposed phases, up to the expiration of the maximum adequate public facilities validity period under Section 4.3.J.5.a.

      c.   When applicable, the phasing schedule must identify the timing for the completion of construction and conveyance to unit owners of such things as common open areas and recreational facilities. In addition, the phasing schedule must indicate the timing for the provision of moderately priced dwelling units, and infrastructure improvements associated with each phase. The subdivider must design such a phasing schedule to minimize dependence on features (other than community-wide facilities) that will be provided in subsequent phases and have minimal impact during construction on phases already built and occupied.

      d.   If a phasing plan for a preliminary plan included land or building space that the County accepted for an arts or entertainment use under Section 59-C-6.2356 of the zoning ordinance in effect on October 29, 2014, approval of a site plan under Section 59-7.3.4 for the phase containing that land or building space validates all remaining phases of the preliminary plan and the project plan for the purpose of Section 59-D-2.7(b) of the zoning ordinance in effect on October 29, 2014.

    10.   Transfer of development rights.

      a.   A preliminary plan for a property located in a receiving area that proposes to increase the density of the property by using transferred development rights must indicate:

        i.   the number of lots permitted for the tract by zoning without the use of density increases as allowed by Transferable Development Rights (TDR) or the Moderately Priced Dwelling Unit (MPDU) programs;

        ii.   the number of development rights to be conveyed to the receiving property;

        iii.   the number of Moderately Priced Dwelling Units to be provided as required by Chapter 25A;

        iv.   the total density, in dwelling units, of the proposed subdivision; and

        v.   the density recommended by the adopted master plan.

      b.   A preliminary plan that uses transferable development rights in the Rural Residential and Residential zones must include at least two-thirds of the number of development rights permitted to be transferred to the property under the appropriate master plan. However, the Board may reduce the two-thirds requirement if it finds the reduction is more appropriate for environmental or compatibility reasons.

    11.   Draft Traffic Mitigation Agreement. A preliminary plan application for property located in a Transportation Management District (TMD), designated under Chapter 42A, Article II, must contain a draft Traffic Mitigation Agreement (TMAg) or similar plan designated under Chapter 42A prepared by the applicant that meets the requirements of that Article.

    12.   Encumbrance. The applicant must identify the existence of and the location of any encumbrance that would impact the proposed development, including encumbrances on existing or proposed right of way.

  D.   Application processing.

    1.   The applicant must submit an initial application to the Director. The Director must review the application for completeness within 10 days after receipt. An application is incomplete if any required element is missing or is facially

defective, e.g., a drawing that is not to scale. An application filed without all required fees is also incomplete. The assessment of completeness must not address the merits of the application.

    2.   The applicant must submit any required revisions to the Director. The Director must review the revised application for completeness within 10 days after receipt.

    3.   After the Director verifies that the application is complete, or if the review is not completed within 10 days after receipt, the Director will accept the application and establish a hearing date under Section 4.1.E.

    4.   Public notice is required to satisfy a regulation approved under Section 10.1.

  E.   Hearing date. The Board must schedule a public hearing to begin within 120 days after the date the Director accepts an application. The Director may postpone the public hearing by up to 30 days once without Board approval. The Director or applicant may request one or more extensions beyond the original 30 days with Board approval. The Board must notice the public hearing and indicate the new hearing date on the Board’s agenda. An application that was filed before February 13, 2017 is not subject to this subsection.

  For preliminary plans and record plats approved prior to the effective date of this ordinance, which remain valid, the validity period and procedural requirements and limitations for plan extensions are as established under this ordinance.

  Portions of Sections 4.1, 4.2 and 4.3 [formerly §50-35] are quoted in Maryland-National Capital Park and Planning Commission v. Town of Washington Grove, 408 Md. 37; 968 A.2d 552 (2009) and cited in Cinque v. Montgomery County Planning Board, 173 Md. App. 349, 918 A.2d 1254 (2007).  In Maryland-National Capital Park and Planning Commission v. Silkor Development Corp., 246 Md. 516, 229 A.2d 135 (1967), the court held that the 1963 amendments to the Maryland-Washington Regional District Act eliminated the right to require approval of a development plan within sixty days of submission. The “default provisions” of the Act only apply if the County adopts them. Section 4.2.D.3 [formerly §50-35(k)] is cited in Waters Landing Ltd. Partnership v. Montgomery County, 337 Md. 15, 650 A.2d 712 (1994).  Portions of Sections 4.1, 4.2 and 4.3 [formerly §50-35] are cited in Montgomery County v. Waters Landing Limited Partnership, 99 Md.App. 1, 635 A.2d 48, wherein the court held development impact tax valid.  Portions of Sections 4.1, 4.2 and 4.3 [formerly §50-35] are cited in Washington Suburban Sanitary Commission v. TKU Associates, 281 Md. 1, 376 A.2d 505 (1971).  Sections 4.1, 4.2 and 8.1 [formerly §§50-34 to 50-36 and, prior to that, §§104-23 through 104-25] are quoted in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).

  The requirement in §4.2.D.3 [formerly §50-35(k)] concerning a determination of adequate public facilities prior to approval of a subdivision plan is mentioned in connection with a discussion of Montgomery County’s growth policy in P. J. Tierney, Maryland’s Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987), at p. 237.

  Ord. No. 19-12, § 3, states:  Automatic Extensions.

  (a)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009 is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2015 or for which a timely application for an extension of the validity period was pending on March 31, 2015, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  Ord. No. 19-12, § 4, states:  Automatic Extensions:

  (a)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009, including any separate phase of a multi-phase plan, is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, including any separate phase of a multi-phase plan, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, including any separate phase of a multi-phase plan, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2015, or for which a timely application for an extension of the validity period was pending on March 31, 2015, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  Ord. No. 17-20, §2, concerning Tier 4 density, and §4, concerning effective dates, state:

  Sec. 2. Certification of Tier 4 density. Within 5 days after this ordinance becomes law [September 18, 2012], the Planning Director must submit the Tier Map to the Maryland Department of Planning, with all data required by Maryland’s Sustainable Growth and Agricultural Preservation Act of 2012, to verify that the average density of the Tier IV area is no greater than one unit for every 20 acres.

  Sec. 4. Effective date.  This ordinance takes effect as follows:

  (a)  Except for Section 4.3.F.3.f [formerly §50-35(e)(7)], this ordinance takes effect on the date the ordinance becomes law [September 18, 2012].

  (b)  Section 4.3.F.3.f [formerly §50-35(e)(7)] takes effect on the date the Maryland Department of Planning certifies the Tier IV area as being less dense than one dwelling unit for every 20 acres. [Maryland Department of Planning letter of December 21, 2012 to the Montgomery County Planning Department, states: “MDP’s finding is that the County’s established zoning and subdivision rules already adequately limit residential subdivision sufficiently so there is no need for the additional restrictions that would be imposed by Tier IV restriction.”]

  Subsection 4.3.E.5.c is derived, in part, from Subsection 50-35(q), which was added by Ord. No. 12-31, §1. Section 2 of that ordinance reads as follows:

  “Sec. 2. Interim protection of roads.

  “(a)  This Ordinance applies to the roads identified on Exhibit A [following §49-80] as rustic roads and exceptional rustic roads as if the County Council had so classified the roads under Section 49-78.

  “(b)  The Rustic Roads Advisory Committee must advise the Planning Board regarding the significant features of these roads that must be preserved when the roads are improved.  These significant features have the same status as those identified by the County Council under Section 49-78.

  “(c)  The County Council may add or delete all or part of a road from the list on Exhibit A by resolution after a public hearing if:

    “(1)  the Planning Board asks the Council to delete a road from the list so that the Board can require roadway improvements not permitted by this Act;

    “(2)  the Rustic Roads Advisory Committee asks the Council to add or delete a road from the list; or

    “(3)  an applicant for a preliminary plan of subdivision asks the Council to delete a road from the list so that the applicant can make roadway improvements not permitted by this Act.

  “(d)  This Section is not effective after December 31, 1996.”

  Subsection 4.3.J.5 is derived, in part, from Subsection 50-35(h), which was amended by Section 2 of Ord. No. 12-60. Section 3 of that ordinance reads as follows:

  Sec. 3. For preliminary plans and record plats approved prior to the effective date of this ordinance, which remain valid, the validity period and procedural requirements and limitations for plan extensions are as established under this ordinance.

**Section 4.2. Approval Procedures**

  A.   Referral of plan. After accepting an application, the Director must send a copy to the Development Review Committee and other reviewing bodies, requesting each agency to submit a recommendation concerning the plan. The Director must send copies, as needed, to:

    1.   WSSC, for water and sewer service;

    2.   the Department of Transportation, for roads, streets, intersection locations, site access, sight distances, traffic calming, paths, pedestrian and bicycle facilities (including bike share), parking, transit facilities, transportation demand management elements, and storm drainage within County-maintained rights-of-way and easements with all reviews consistent with the objective to achieve Vision Zero goals;

    3.   the Department of Permitting Services, for stormwater management, floodplain delineation, sanitation, wells, and septic systems;

    4.   the Montgomery County Department of Environmental Protection, for water and sewer adequacy and tree variances;

    5.   Montgomery County Fire and Rescue Service, for requirements for adequate fire protection and access;

    6.   the State Highway Administration, for right-of-way requirements and access on state roads;

    7.   any appropriate agency of the federal government;

    8.   any municipality that has filed a request with the Board for an opportunity to review subdivision or resubdivision plans for property located in that municipality;

    9.   Montgomery County Public Schools, for school site planning or for an application for residential development;

    10.   any other Montgomery County Executive agency, for the adequacy of public facilities and services and any proposed public use; and

    11.   local utility providers.

  B.   Review and recommendation.

    1.   Timing of review.

      a.   The Director must allow reviewing State and County agencies and utilities a minimum of 14 days to review plans. Those agencies and utilities must submit initial comments to the Director before the Development Review Committee meeting when one is scheduled.

      b.   The applicant must submit revised drawings at least 65 days before the date of the hearing to address all comments received. The Director may

extend the deadline if the applicant submits a written request within 15 days after the revised drawings were due. If no written request is received or if the requested extension is not granted, the application is deemed withdrawn.

      c.   State and County agencies and utilities must each submit their final recommendations on the application at least 45 days before the date of the Board hearing or must request an extension.

    2.   Approvals from public agencies. The following agency approvals are required before the Board approves the preliminary plan:

      a.   Design of County-maintained roads. The Department of Transportation must approve in preliminary form the typical section, concept road profile, intersection and site access locations, sight distances, utility location, and storm drain adequacy for improvements along County- maintained roads and paths within its jurisdiction;

      b.   Wells and septic systems. The Department of Permitting Services must approve lots with individual wells or septic systems, the well, and septic plan. Proposed wells and septic systems within existing rights-of-way or easements are prohibited;

      c.   Stormwater management. The Department of Permitting Services must approve a stormwater management concept plan and floodplain delineation, if required under Chapter 19;

      d.   Water Quality Plan. If a water quality plan is required under Chapter 19, the Board must not approve a preliminary plan or any extension until all requirements of Chapter 19 for plan approval are satisfied. The Board must make the compliance with a required water quality plan, including any plan reviewed on a preliminary or final basis, a condition of any approved preliminary plan; and

      e.   Water and sewer service. If water and sewer are proposed to serve the property, the Board may approve a preliminary plan only if WSSC has reviewed the proposed water and sewer service layout.

    3.   Director. The Director must publish a report and recommendation at least 10 days before the Board hearing.

  C.   Planning Board Action.

    1.   The Director must present every preliminary plan to the Board for its review and action. The Board must take one of the following actions or defer action to obtain more information:

      a.   approve, if the plan conforms to the purposes and other requirements of this Chapter;

      b.   approve, with any conditions or modifications necessary to bring the proposed development into compliance with all applicable requirements; or

      c.   deny, if the plan is contrary to the purposes and other requirements of this Chapter.

    2.   All necessary improvements to support the development must be completed or assured, as specified in Section 10.2.

    3.   Where a site plan is required, the approval of the preliminary plan must not allow clearing or grading to occur before approval of the site plan, unless otherwise specified by the Board.

    4.   The Board must approve a resolution containing findings supporting its decision. Following approval of a preliminary plan by the Board, any substantial change in the plan may only be required by another agency in order to comply with a law or regulation. Any such change must be allowed by the Board’s conditions of approval or a plan amendment under Section 4.2.F.

  D.   Required Findings. To approve a preliminary plan, the Board must find that:

    1.   the layout of the subdivision, including size, width, shape, orientation and density of lots, and location and design of roads is appropriate for the subdivision given its location and the type of development or use contemplated and the applicable requirements of Chapter 59;

    2.   the preliminary plan substantially conforms to the master plan;

    3.   public facilities will be adequate to support and service the area of the subdivision;

    4.   all Forest Conservation Law, Chapter 22A requirements are satisfied;

    5.   all stormwater management, water quality plan, and floodplain requirements of Chapter 19 are satisfied;

    6.   any burial site of which the applicant has actual notice or constructive notice or that is included in the Montgomery County Cemetery Inventory and located within the subdivision boundary is approved under Subsection 50-4.3.M; and

    7.   any other applicable provision specific to the property and necessary for approval of the subdivision is satisfied.

  E.   Plan Certification.

    1.   Every preliminary plan approved by the Board must be certified by the Director to confirm that the plan reflects the Board’s approval. Any modification of the plan conditioned by the Board’s approval must be included in the plan before receiving the approval stamp. The approved plan must be filed in the records of the Board.

    2.   After conditional use approval and prior to certification of a preliminary plan, the Director may approve a minor change to a preliminary plan that was approved contingent on the approval of a conditional use application, if the minor change does not modify a condition of the preliminary plan. The Director may approve these minor changes without a public hearing if no objection to the application is received within 15 days after the conditional use is approved. If an objection is received within 15 days and the Director considers the objection relevant, a public hearing and action by the Board is required. The Director may also require the change be acted on by the Board when no objection is received.

  F.   Amendments.

    1.   Any amendment to an approved preliminary plan must follow the procedures, meet the criteria, and satisfy the requirements of this Division.

    2.   Amendments are classified as either major or minor.

      a.   A major amendment includes any requests to change density that results in greater adequate public facilities impact; or make major changes to lot configuration or location, or right-of-way width or alignment; or make a change to any condition of approval, except a change to plan validity period or APF validity period.

      b.   A minor amendment to an approved preliminary plan includes any change that does not change density in a manner that results in greater adequate public facilities impact; make major changes to lot configuration or location, or right-of-way width or alignment; or alter the intent, objectives, or requirements of the Board in approving the preliminary plan. A change to plan validity period or APF validity period is a minor amendment.

      c.   The Director may approve a minor amendment to change validity period phasing as permitted in Section 4.2.H.1.b.

  G.   Plan Validity.

    1.   Initiation date. The plan validity period for preliminary plans starts on the later of:

      a.   30 days from the date of mailing indicated on the written resolution; or

      b.   the date upon which the court having final jurisdiction acts, including the running of any further applicable appeal periods, if an administrative appeal is timely noted by any party authorized to file an appeal.

If a corrected resolution is issued, the initiation date remains 30 days from the date of mailing indicated on the original resolution.

    2.   Duration.

      a.   Single-phase project.

        i.   A preliminary plan approved after March 31, 2009 and before April 1, 2017 remains valid for 5 years after its initiation date.

        ii.   A preliminary plan approved after March 31, 2017 remains valid for 3 years after its initiation date.

      b.   Multi-phase project.

        i.   An approved preliminary plan for a multi-phase project remains valid for the period of time allowed in the phasing schedule approved by the Board.

        ii.   The applicant must propose a phasing schedule and the duration of the validity period for each phase as part of an application for preliminary plan approval or amendment. The Board must assign each phase a validity period after considering the size, type, and location of the project.

        iii.   The time allocated to any phase must be 5 years or less after the initiation date for that particular phase for any preliminary plan approved after March 31, 2009 but before April 1, 2017, and 3 years after the initiation date for that particular phase for any preliminary plan approved after March 31, 2017.

        iv.   The cumulative validity period of all phases must be shorter than or equal to the APF validity period that begins on the initiation date of the first preliminary plan approval, including any extension granted under Section 4.3.J.7.

        v.   If the recordation of an approved preliminary plan occurs within 5 years of approval for a multi-phase project that includes land or building space to be transferred to the County for an arts or entertainment use under Section 59-C-6.2356 of the zoning ordinance in effect on October 29, 2014, all phases of the preliminary plan are validated. After approval, an amendment or modification to the phasing plan or the preliminary plan will not affect the validations if the requirements of this Subsection have otherwise been met.

    3.   Validation. A preliminary plan or phase of a preliminary plan is validated when the applicant has secured all government approvals necessary to record a plat, and a plat for all property shown on the plan or in that phase has been recorded in the County Land Records.

    4.   Effect of a preliminary plan amendment on validity period. For any action taken by the Board to amend a previously approved preliminary plan, the Board will determine, on a case-by-case basis, whether it should extend the validity period and, if so, for what duration. In making the determination, the Board must consider the nature and scope of the requested amendment.

  H.   Extension of plan validity period.

    1.   Extension request.

      a.   Only the Board is authorized to extend the validity period. The applicant must submit a request to extend the validity period of an approved preliminary plan in writing before the previously established validity period expires.

      b.   The Director may approve a request to amend the validity period phasing schedule of an approved preliminary plan if the length of the total validity period of the preliminary plan is not extended. The applicant must submit the request in writing before the previously established validity period of the phase expires.

      c.   The written request must detail all reasons to support the extension request and include the anticipated date by which the plan will be validated. The applicant must certify that the requested extension is the

minimum additional time required to record all plats for the preliminary plan.

    2.   Effect of failure to submit a timely extension request.

      a.   The failure to submit a written extension request in a timely fashion voids all non-validated portions of the preliminary plan and, where applicable, an approved site plan.

      b.   Where a preliminary plan has been allowed to expire due to the applicant’s failure to file a timely request for extension, the Board may reinstate the preliminary plan and establish a new validity period if practical difficulty or undue hardship is demonstrated by the applicant. The Board may require the applicant to get a new APF review and approval by the Board as a prerequisite or condition of its action to extend an expired plan.

    3.   Grounds for extension.

      a.   The Board may only grant a request to extend the validity period of a preliminary plan if the Board finds that:

        i.   delays by the government or some other party after the plan approval have prevented the applicant from meeting terms or conditions of the plan approval and validating the plan, provided such delays are not caused by the applicant; or

        ii.   the occurrence of significant, unusual and unanticipated events, beyond the applicant’s control and not caused by the applicant, have substantially impaired the applicant’s ability to validate the plan, and exceptional or undue hardship (as evidenced, in part, by the efforts undertaken by the applicant to implement the terms and conditions of the plan approval in order to validate the plan) would result to the applicant if the plan were not extended.

      b.   The applicant bears the burden of establishing the grounds in support of the requested extension.

    4.   Planning Board considerations for extension.

      a.   The Board may condition the grant of an extension on a requirement that the applicant revise the plan to conform with changes to the requirements of this Chapter since the plan was approved.

      b.   The Board may deny the extension request if it finds that the project, as approved and conditioned, is no longer viable. The Board must consider whether the project is capable of being financed, constructed, and marketed within a reasonable time frame. The Applicant must demonstrate the project’s viability upon request by the Board or the Director.

    5.   Planning Board Action.

      a.   After a duly noticed public hearing, the Board must determine whether it should grant a request for an extension. The requirements for noticing and conducting a public hearing must follow the requirements for a preliminary plan.

      b.   If voting to approve an extension, the Board must only grant the minimum time it deems necessary for the applicant to validate the plan.

      c.   The Board may only grant an extension to a preliminary plan within the plan’s APF validity period, unless a further extension is allowed by law.

      d.   An applicant may request, and the Board may approve, more than one extension.

      e.   Once a phasing schedule is approved by the Board as part of a preliminary plan approval, the Board must treat any revision or alteration to the schedule other than an amendment approved under Section 4.3.J.7 as a minor amendment to the preliminary plan. Board approval of a revised phasing schedule is required to extend the total length of the validity period.

  I.   Effect of failure to timely validate plan or secure an extension.

    1.   If a preliminary plan is not timely validated in whole or in part before the expiration of the validity period, any remaining portion of the plan is void. For multi-phased plans, the failure on the part of an applicant to timely validate a phase, in whole or in part, voids the balance of the preliminary plan approval for that phase and all subsequent non-validated phases.

    2.   In those instances where an applicant has timely validated only a portion of a plan and no extension is granted, the applicant seeking to develop only that portion of the project remains responsible for fully complying with all of the terms, conditions, and other requirements associated with the portion of the plan approval that has been implemented.

    3.   If a preliminary plan or a phase of the plan is not timely validated, any APF determination made by the Board associated with the void portion of the preliminary plan is also void. In such event, the applicant loses any further rights to claim any vehicle trips associated with the expired APF approval. The filing of a new preliminary plan application does not provide the basis for reclaiming vehicle trips lost by the termination of the APF approval.

    4.   A preliminary plan approval conditionally linked to a sketch plan or project plan approval under Chapter 59 expires if the sketch plan or project plan expires.

  J.   Revocation of approval.

    1.   The Board may revoke approval of a preliminary plan by resolution at any time before the Board approves the final plat covering the proposed preliminary plan.

    2.   To revoke a preliminary plan approval, except in response to a violation of this Chapter, the Board must find that completing a portion of the plan has been rendered impractical by reason of an amendment to the General Plan, or by a conflict with a proposed public improvement or other conditions or circumstances not previously considered by the Board that make the plan contrary to public health, safety, or welfare.

    3.   The Board must give a subdivider notice and an opportunity to be heard by the Board before taking any action to revoke approval of a preliminary plan. Notice to the owner and subdivider must be sent by certified mail at least 30 days before the date of the proposed action giving the time and place of the hearing. The notice must state the reasons for the proposed revocation.

  K.   Vacating an approved subdivision.

    1.   An applicant may request that the approval of a subdivision plan, for which no subsequent plats have been recorded, be vacated.

    2.   A request to vacate an approved subdivision plan must include proof of ownership and notarized signatures of all property owners or other persons who are authorized by the property owner.

    3.   The Director must approve the request to vacate the approved subdivision plan if the Director finds that the request is not contrary to the public interest.

  The requirement in §4.2.D.3 [formerly §50-35(k)] concerning a determination of adequate public facilities prior to approval of a subdivision plan is mentioned in connection with a discussion of Montgomery County’s growth policy in P. J. Tierney, Maryland’s Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987), at p. 237.

  Ord. No. 19-12, § 3, states:  Automatic Extensions.

  (a)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009 is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2015 or for which a timely application for an extension of the validity period was pending on March 31, 2015, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  Ord. No. 19-12, § 4, states:  Automatic Extensions:

  (a)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009, including any separate phase of a multi-phase plan, is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, including any separate phase of a multi-phase plan, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, including any separate phase of a multi-phase plan, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2015, or for which a timely application for an extension of the validity period was pending on March 31, 2015, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  Ord. No. 17-20, §2, concerning Tier 4 density, and §4, concerning effective dates, state:

  Sec. 2. Certification of Tier 4 density. Within 5 days after this ordinance becomes law [September 18, 2012], the Planning Director must submit the Tier Map to the Maryland Department of Planning, with all data required by Maryland’s Sustainable Growth and Agricultural Preservation Act of 2012, to verify that the average density of the Tier IV area is no greater than one unit for every 20 acres.

  Sec. 4. Effective date.  This ordinance takes effect as follows:

  (a)  Except for Section 4.3.F.3.f [formerly §50-35(e)(7)], this ordinance takes effect on the date the ordinance becomes law [September 18, 2012].

  (b)  Section 4.3.F.3.f [formerly §50-35(e)(7)] takes effect on the date the Maryland Department of Planning certifies the Tier IV area as being less dense than one dwelling unit for every 20 acres. [Maryland Department of Planning letter of December 21, 2012 to the Montgomery County Planning Department, states: “MDP’s finding is that the County’s established zoning and subdivision rules already adequately limit residential subdivision sufficiently so there is no need for the additional restrictions that would be imposed by Tier IV restriction.”]

  Subsection 4.3.E.5.c is derived, in part, from Subsection 50-35(q), which was added by Ord. No. 12-31, §1. Section 2 of that ordinance reads as follows:

  “Sec. 2. Interim protection of roads.

  “(a)  This Ordinance applies to the roads identified on Exhibit A [following §49-80] as rustic roads and exceptional rustic roads as if the County Council had so classified the roads under Section 49-78.

  “(b)  The Rustic Roads Advisory Committee must advise the Planning Board regarding the significant features of these roads that must be preserved when the roads are improved.  These significant features have the same status as those identified by the County Council under Section 49-78.

  “(c)  The County Council may add or delete all or part of a road from the list on Exhibit A by resolution after a public hearing if:

    “(1)  the Planning Board asks the Council to delete a road from the list so that the Board can require roadway improvements not permitted by this Act;

    “(2)  the Rustic Roads Advisory Committee asks the Council to add or delete a road from the list; or

    “(3)  an applicant for a preliminary plan of subdivision asks the Council to delete a road from the list so that the applicant can make roadway improvements not permitted by this Act.

  “(d)  This Section is not effective after December 31, 1996.”

  Subsection 4.3.J.5 is derived, in part, from Subsection 50-35(h), which was amended by Section 2 of Ord. No. 12-60. Section 3 of that ordinance reads as follows:

  Sec. 3. For preliminary plans and record plats approved prior to the effective date of this ordinance, which remain valid, the validity period and procedural requirements and limitations for plan extensions are as established under this ordinance.

**Section 4.3. Technical Review**

  In making the findings under Section 4.2.D, the Board must consider the following aspects of the application.

  A.   Relation to master plan.

    1.   A preliminary plan must substantially conform to the applicable master plan or Urban Renewal Plan, including maps and text. However, if a site plan is not

required under Chapter 59, Article 59-7.3.4, the Board may find that events have occurred to render the relevant master plan or Urban Renewal Plan recommendation no longer appropriate.

    2.   A preliminary plan that requires a site plan approval under Chapter 59, Article 59-7.3.4 may exceed any dwelling unit per acre or floor area ratio (FAR) limit recommended in a master plan, as provided in Chapter 59.

  B.   Block design.

    1.   Residential blocks. The Board must approve the length, width, and shape of any residential block as follows:

      a.   Length. The length of a residential block must be compatible with existing development patterns and the land use goals for the area of the subdivision. The maximum length of a block is 1,600 feet.

      b.   Width. Blocks must be designed with sufficient width to provide 2 tiers of lots. The Board may approve exceptions to block width design for blocks adjacent to heavy traffic ways, railroads, streams, drainage courses, or for land uses where it is appropriate to establish blocks with 1 tier of lots.

      c.   Pedestrian paths. The Board may require paths for pedestrian access to schools, playgrounds, parks, and other public areas and through long blocks.

      d.   Multi-unit or apartment blocks. The Board must review and approve the design and arrangement of access roads within a subdivision for multi-unit or apartment dwellings, together with the required parking facilities and pedestrian walks, to determine that resulting blocks are a suitable length and width for pedestrian and vehicle circulation.

    2.   Nonresidential blocks. The Board must determine if the blocks designed for business or industry are a suitable length and width, including adequate provision for pedestrians, parking, deliveries, and truck maneuvering.

  C.   Lot design.

    1.   General requirements.

      a.   Lot dimensions. Lot size, width, shape, and orientation must be appropriate for the location of the subdivision and for the type of

development or use contemplated, considering the recommendations of the master plan and the applicable requirements of Chapter 59. The dimensions of a lot must be able to accommodate any proposed building and other infrastructure deemed necessary to serve the lot, including but not limited to any accessory structure, stormwater management, parking, access drive, and off-street service.

      b.   Flag lots. The Board must not approve flag lots, except where unusual topography, environmental conditions, or the position of the tract in relation to surrounding properties and rights-of-way permit no other feasible way to subdivide and the Board determines that appropriate separation between building envelopes can be achieved. In approving a flag lot, the following provisions apply:

        i.   in residential zones, the Board must require building restriction lines as needed to provide separation of at least 80 feet between the building envelope of the proposed flag lot and:

          (a)   the building envelopes of all lots that are adjacent to the rear lot line of the proposed flag lot; and

          (b)   the building envelopes of all lots that are between the proposed flag lot and the road on which it fronts;

        ii.   the Board may require additional building restriction lines to ensure appropriate separation between building envelopes and to provide appropriate location of the building envelope within the lot; and

        iii.   all building restriction lines must be shown on the plat.

      c.   Lots to abut on a public or private road. Except as specified below, every lot must abut on a public or private road. A public road must be dedicated or donated to public use or have acquired the status of a public road under Chapter 49. A private road must be shown on a record plat.

    The Board must not approve lots that do not abut a public or private road, except where unusual topography, environmental conditions, or the position of the tract in relation to surrounding properties and rights-of-way permit no other feasible way to subdivide, and the Board determines that appropriate separation between building envelopes will be achieved. In approving a lot that does not abut a public or private road, the following provisions apply:

        i.   the Board must not approve more than two lots in a subdivision that do not abut a public or private road;

        ii.   the lots will be served by a private driveway that serves no other lots without frontage;

        iii.   in residential zones, the Board must require building restriction lines as needed to provide separation of at least 80 feet between the building envelope of the proposed lot without frontage and:

          (a)   the building envelopes of all lots that are adjacent to the rear lot line of the proposed lot without frontage; and

          (b)   the building envelopes of all lots that are between the proposed lot without frontage and the road from which it is accessed;

        iv.   the Board may require additional building restriction lines to ensure appropriate separation between building envelopes and to provide appropriate location of the building envelope within the lot;

        v.   all building restriction lines must be shown on the plat; and

        vi.   the access to lots with no road frontage must be adequate to serve the lots for emergency vehicles and for installation of public utilities. In addition, the lots must be accessible for other public services and not detrimental to future development of adjacent lands.

      d.   Side lines. Side lines of interior lots must to the extent possible be aligned perpendicular to the road line or radial to a curved road line.

      e.   Through lots. The Board must not approve through lots, except where unusual topography, orientation, or the size of the subdivision permit no other feasible way to subdivide.

      f.   Alley or pedestrian paths for residential lots. If a mid-block alley or pedestrian right-of-way is provided in a residential subdivision for detached houses, the subdivider must increase the lot widths adjoining the alley or right-of-way to provide for a parallel side building restriction line 15 feet from the alley or right-of-way.

      g.   Optional method Workforce Housing Development. Notwithstanding any provisions of Section 4.3.C.1. to the contrary, for a lot or lots created for optional method Workforce Housing Development under Section 59-4.4.2.C the Board must not approve:

        i.   flag lots, lots that do not abut a public or private road, or through lots;

        ii.   a shared access lot that is located behind a detached house addressed on the same road;

        iii.   the assemblage of more than 3 eligible lots under Section 59-4.4.2.C., and the resulting lot cannot be more than 19,500 square feet in the R-40 zone, 23,400 square feet in the R-60 zone, 33,600 square feet in the R-90 zone, and 66,000 square feet in the R-200 zone; and

        iv.   the assemblage of lots that are not eligible under Section 59-4.4.2.C.

  D.   Public sites and adequate open spaces. A preliminary plan must provide for required public sites and adequate open space areas.

    1.   Master planned sites. When a tract being subdivided includes a proposed site for a park, playground, school, or other public use recommended in the applicable master plan, and that use is deemed necessary by the Board and applicable public agency, the preliminary plan must show the site for the use for dedication or acquisition and subsequent record plat. Land that is not dedicated may be acquired by donation, purchase, or condemnation, or reserved under Subsection 5.

    2.   Local recreation. The Board must require platting and dedication to public use of adequate spaces for recreation wherever it is reasonable to do so, considering the recommendations in the applicable master plan, the circumstances existing where a subdivision is located, and the size and character of the subdivision. The subdivider may be required to provide what is determined by the Board to be an area relevant to the recreational needs of the present and future inhabitants of the subdivision. Whenever the necessary recreational area is larger than the subdivider is required to dedicate, the balance of the needed area must be reserved for acquisition under Subsection 5.

    3.   Area for public roads and associated utilities and storm drainage.

      a.   Roads. In its consideration of the approval of a subdivision, the Board must require dedication and platting of adequate area to provide public roads and other public transportation facilities. These must be coordinated with other existing, planned, or platted roads, other features in the district, or with any road plan adopted or approved as a part of the General Plan.

      b.   Rights-of-way and easements other than roads. The Board may require dedication to public use of rights-of-way or platting of easements necessary for public uses, such as pedestrian paths, equestrian trails, bicycle facilities, water and sanitary sewer, and stormwater management and storm drainage facilities. The Board must approve the extent, location, and width of each pedestrian path, equestrian trail, and bikeway right-of-way after considering the master plan. The extent and width of water and sanitary sewer rights-of-way must be determined by the Washington Suburban Sanitary Commission in its jurisdiction. The extent and width of drainage rights-of-way must be determined by the Department of Permitting Services after receipt of drainage studies prepared by the applicant’s engineer.

    4.   Areas not suitable for public use.

      a.   When a preliminary plan includes a proposed dedication of land to public use, the Board must determine if the land is suitable for the intended public use. In its evaluation, the Board must consider, among other relevant factors, any criteria for the intended use adopted by the

receiving agency and the agency’s recommendations, the natural features of the site, and the extent of site preparation work. Site preparation may include excavation of rock, excessive grading, grading of steep slopes, remedial environmental measures, and similar work required to prepare the site for the public use. In evaluating the natural features of a site, the Board may require the applicant to perform soil borings or to provide other detailed topographical or subsurface information not otherwise submitted under Section 4.1.B. The applicant’s engineer must certify the information provided to the Board. Factors relevant to a determination of the magnitude of site preparation work include estimated costs, acreage, agency experience with similar sites and construction industry practices.

      b.   Based on the analysis, the Board may refuse to approve the dedication and:

        i.   require the rearrangement of lots in the subdivision to provide for a suitable site;

        ii.   permit the applicant to pay for additional site preparation that makes the site suitable for the public use; or

        iii.   with the concurrence of the receiving agency, permit the applicant to provide an alternative location offsite.

    5.   Reservation.

      a.   Procedure. When the Board determines that a tract being subdivided includes land that is necessary for public use but will not immediately be acquired by donation, dedication, purchase, or condemnation when the plat is recorded, the Board must determine the need to reserve the land. The Board may require a reservation for a period of time up to 3 years for road rights-of-way, public school and building sites, parks, playgrounds, recreational areas, or other public purposes.

        i.   Referral to agency concerned with acquisition. If a reservation of land appears to be in the public interest, the Board must refer the plan to the public agency concerned with acquisition for consideration and report. The Board may propose alternate areas for such reservation and must allow such public agency 30 days for reply. The agency’s recommendation, if affirmative, must include a map showing the boundaries and area of land to be reserved and an estimate of the time required to complete the acquisition.

        ii.   Resolution. The Board must approve a declaration of public reservation by resolution, stating the period during which the reservation is effective. Notice of the same must be carried once each in two newspapers of general circulation in the County and a plat must be recorded in the land records of the County showing in detail the land so reserved. Certified copies of the resolution must be sent to the property owner and to the agency concerned with acquisition.

        iii.   Taxes. The Board must advise taxing and assessing bodies of all public reservations, and such public reservations must be exempt from all County and local taxes during the reservation period.

        iv.   Preservation. During the reservation period, any use of the reserved land that involves constructing buildings or structures, removing trees, or clearing and grading must be approved by the Board. A person must not remove or destroy trees, topsoil, or cover; grade; or build a storm drainage structure that discharges water on the reserved land, except according to a storm drainage plan approved by the Department of Permitting Services or the Department of Transportation. Nothing in this Section relieves the landowner from the responsibility to maintain the property according to law or prohibits the owner from removing weeds or trash from reserved land or from selling the reserved land after approval of the Board.

        v.   Posting. The Board must post properties in reservation with an appropriate sign, warning against violation of the preservation provisions and the penalties for a violation.

        vi.   Extension. After the initial reservation period, the Board may extend the reservation period upon request of the property owner if the Board determines that the reserved land continues to be necessary for public use. Any extension must not exceed 3 years.

      b.   Expiration of plan. The expiration or revocation of approval of a preliminary plan must not affect a reservation if, before the expiration date, a reservation plat has been recorded in the Land Records.

  E.   Roads.

    1.   Plan requirements.

      a.   Master plan roads. Preliminary plans must include roads shown on any adopted Master Plan of Highways and Transitways, in satisfaction of the Road Design and Construction Code. Where applicable, an approved plan must include recommendations of the State Highway Administration for construction and access to State roads. Where private roads are specifically recommended by a master plan, the roads must be provided to the standards for private roads under this Section.

      b.   Continuation of roads. The subdivision must provide for continuation of any existing roads (constructed or recorded) in satisfaction of the Road Design and Construction Code, unless otherwise determined by the Board, considering the recommendations of other appropriate agencies.

      c.   Future subdivisions. A tract in a preliminary plan application must be divided to not preclude future road openings and further logical subdivision of adjacent land.

      d.   Alleys. The Board, in consultation with the appropriate transportation agency, may require alleys where they are necessary to provide access.

      e.   Railroad crossings. A preliminary plan involving new or existing roads crossing railroad tracks must provide an adequate right-of-way, including approach right-of-way and slope easements, for construction of an underpass or overpass unless otherwise determined by the Board, considering the recommendations of other appropriate agencies.

      f.   Residential roads paralleling railroads. A residential road paralleling a railroad must be located at least 160 feet from the track to provide lots with sufficient depth backing to the railroad right-of-way.

      g.   Railroad tracks. Existing railroad tracks must not be included within the rights-of-way of roads, except for crossings or rail transit lines outside the paved traveled portion of the road.

    2.   Design standards.

      a.   Right-of-way. Area for a road on a subdivision plan must include the full width of all rights-of-way recommended for the applicable road classification in the adopted master plan and in the Road Design and Construction Code.

        i.   The Board may approve a narrower than standard road right-of- way if it meets minimum fire access requirements and the Board finds that a narrower right-of-way is environmentally preferable, improves compatibility with adjoining properties, or allows better use of the tract under consideration.

        ii.   In determining the width of a less than standard right-of-way, the Board must consider:

          (a)   the recommendations of the Department of Transportation or other applicable state or municipality transportation permitting agency;

          (b)   the amount of traffic expected to use the proposed roads;

          (c)   the maximum road right-of-way or improvement required for the proposed land use; and

          (d)   the increased traffic, travel lane, and right-of-way requirements that would be created by maximum use and development of land using the road.

      b.   New roads, sidewalks, etc. The subdivider must design and construct the roads, alleys, bicycle facilities, sidewalks, and pedestrian ways with drainage, street trees, and other integral facilities in each new subdivision as required by the appropriate transportation or permitting agency.

      c.   Mid-block pedestrian right-of-way. The minimum right-of-way must be 20 feet for a mid-block pedestrian right-of-way.

      d.   Drainage easement. The minimum for an enclosed drainage easement must be 20 feet, unless otherwise determined by the Department of Permitting Services or other applicable public agency.

      e.   Non-through roads. The Board must not approve any road that does not connect to another road at its beginning and end, unless a determination is made that:

        i.   a through road is infeasible due to a property’s unusual shape, size, topography, environmentally sensitive areas, or the characteristics of abutting property;

        ii.   the road provides access to no more than 75 dwelling units:

        iii.   the road, excluding alleys, is properly terminated in a cul-de-sac or other turnaround; and

        iv.   the road is less than 500 feet in length, measured along its centerline to the nearest through street, unless the Board determines that a longer length is necessary because of the unusual shape, size, topography, or environmentally sensitive areas of the subdivision.

      f.   Intersection.

        i.   Roads must be laid out to intersect as nearly as possible at right angles. The Board must not approve a proposed intersection of new roads at an angle of less than 70 degrees.

        ii.   The distance between proposed road intersections, excluding alleys and driveways, must be spaced as shown in the table below, as measured from the centerline of the intersections. When the Board finds that a greater or lesser distance is appropriate, the Board may specify a greater or lesser distance than otherwise required after considering the recommendation of the transportation agency responsible for maintaining the road. On streets with operating speeds of 30 mph or higher, protected crossings shall be included, as defined in Chapter 49 of the County Code. Protected crossings include HAWK signals, all-way stop controlled intersections, or grade-separated crossings. Protected crossing spacing targets are shown in the table below, as measured from the centerline of the intersections. Engineering judgement is needed to determine the ultimate placement and spacing between signals, with a focus on sight lines, road safety, location of trip generators, bus stops, and prevalent crossing patterns. Where ranges are provided, the lower end of the range is recommended in commercial areas, on BRT corridors, and near schools (or similar destinations).

Road Classification | Locale | Distance Between Intersections (FT) | Maximum Protected Crossing Spacing Targets (FT)

*NOTE:  Median breaks on divided roadways must be no closer than 600 feet except in Downtown Areas.

        iii.   Corner lots at an intersection must be truncated by straight lines joining points 25 feet back from the theoretical property line intersection in each quadrant. When more or less width is needed for traffic safety and operations, the Board may specify a greater or lesser truncation than otherwise required. Any alley intersection or abrupt change in alignment in a block must have the corners truncated sufficiently for safe vehicular turning.

      g.   Horizontal alignment. In all public and private residential streets and culs-de-sac, the alignment must be designed so that all deflections in horizontal alignment are accomplished through segments of circular curves properly incorporated into the design. The minimum permitted centerline radii must be:

        i.   Neighborhood Connectors . . . . . . 300 feet

        ii.   Neighborhood Streets and Neighborhood Yield Streets more than 500 feet in length . . . . 150 feet

        iii.   Neighborhood Streets and Neighborhood Yield Streets less than 500 feet in length . . . . . . 100 feet

The Board must specify greater radii when safety requires. A tangent at least 100 feet long must be used between two reverse curves, except in a Neighborhood Street or a Neighborhood Yield Street. The Board may specify a lesser radius when the Department of Transportation has previously issued a design exception for a similar design.

    3.   Additional requirements for public roads.

      a.   Slope easement. When required for construction or road maintenance, the subdivision plan must establish an easement for a 2:1 slope along both sides of each public road right-of-way for public use. If a Public Utility Easement (PUE) is required along a road, that PUE is to be graded when the road is constructed on a side slope not to exceed 4:1; the 2:1 maximum side slope may commence outside the limit of the PUE. The Slope Easement must provide adequate room for proper transition grading at the toe or top of slope. The easement must be at the front setback line per zoning, or as determined by a site-specific slope study in coordination with the road grade approved under this Chapter. A retaining wall instead of a slope easement may be allowed by the reviewing agency.

      b.   Existing public roads. In a preliminary plan application containing lots fronting on an existing State, County, or municipally maintained road, the subdivider must provide any additional required right-of-way dedication and reasonable improvement to the road in front of the subdivision, including sidewalks and bicycle facilities, as required by Master Plan, the Road Design and Construction Code or by a municipality, whichever applies.

      c.   Storm drainage. The subdivider must grade and provide drainage structures and storm sewers according to a storm drain plan and permit approved by the Department of Transportation and Department of Permitting Services or applicable municipality, in coordination with the construction of public roads.

    4.   Additional standards for private roads.

      a.   Designating Private roads.

In general, except when a private road is identified in a master plan, the creation of public roads is preferred; an applicant must justify the use of a private road based upon the criteria below and the specific compelling circumstances of the property being developed.

      b.   Justification for a private road:

A subdivider who proposes a private road must provide a list of proposed design elements that do not meet public road standards, including context-sensitive road design standards or a previously approved Design Exception, and justify why those design elements are necessary for the proposed development. The justification for a private road must not be based solely on the installation of non-standard amenities that could be addressed under a Maintenance and Liability Agreement with the County.

      c.   Standards. Private roads must be built to the construction specifications of the corresponding public road concerning paving detail and design data, including surface depth and structural design. The road must be designed in accordance with sound engineering principles for safe use, including: horizontal and vertical alignments for the intended target speed; adequate typical sections for vehicles, pedestrians, and bicyclists; compliance with the Americans with Disabilities Act; drainage and stormwater management facilities; intersection spacing and driveway locations; parking; lighting; landscaping or street trees; and utilities. The width and cross section of a private road must meet the right-of-way specified in a master plan or be equal to the corresponding public road standard unless modified by the Board. Private roads must conform to the horizontal alignment requirements of this Chapter. If a road is allowed to be a private road, the approval of the road will not require the Department of Transportation to approve a Design Exception for any aspect of the road’s design.

      d.   Road classifications. When the Department of Transportation determines that the proposed road is not needed to maintain area circulation, provide continuous corridors to serve the general public and quasi-public needs such as communication, utility, and future potential transportation or other systemic needs that serve the public on a long-term basis, and is not needed to be part of the network modeled for area capacity, consideration will be given to making the following roads private:

        i.   Only roads classified as either Downtown Street, Town Center Street, Industrial, Neighborhood Street, Neighborhood Yield Street, or Alley may be considered by the Board to be private. All other road classifications must be public unless specifically permitted to be a private road by a master plan.

        ii.   Private roads with improvements above or below the pavement are only allowed in projects that require site plan review and approval.

        iii.   Private roads should not be permitted if they will create a segmented road ownership pattern, unless approved by the Planning Board.

        iv.   Private roads must not be permitted if they will negatively affect development of other properties.

        v.   Except where a Master Plan indicates that a Downtown Street or Town Center Street could be private, a Downtown Street or Town Center Street may be a private road only when it is not required to provide an adequate traffic level of service. A private Downtown Street or Town Center Street may be approved only when the proposed road is either not a connector between two higher classification roads or a road that is not planned to extend beyond the boundary of the preliminary plan.

        vi.   An industrial road may be a private road only when the road is part of roads internal to the industrial site and the road is not a connector between higher classified roads.

        vii.   A Neighborhood Street or a Neighborhood Yield Street may be a private road only when it:

          (a)   connects to no more than one higher classification road and the road does not need to be extended onto adjacent property to facilitate a future subdivision of land; or,

          (b)   when it has a cul-de-sac less than 500 feet in length.

      e.   Certification. Before the Board may approve a preliminary plan, the subdivider must have an engineer certify that each private road has been designed to meet the standards required by this Section; however, when a site plan is required under Chapter 59, Article 59-7.3.4, the certification may be provided anytime before the approval of the site plan. The subdivider must then certify to the Department of Permitting Services that all construction complies with the design before release of the surety for the road.

    5.   Additional roadway provisions.

      a.   Road names. The Board must approve any road name before it is used. The Board must not approve any road name that is already used, or closely resembles any road name already used, anywhere else in the County. If a new road is an extension of or in a direct line with an existing road, the Board should continue the name of the existing road.

      b.   Off-site sidewalks and bikeways. In approving a preliminary plan, the Board may, after considering the recommendation of the Department of Transportation or other applicable transportation agency, require a developer to provide a reasonable amount of off-site sidewalks or bikeway improvements. Off-site sidewalks or bikeway improvements may be required to provide necessary connections from the proposed development to an existing sidewalk or bikeway, an existing or master plan proposed bus or other public transit stop, an existing or proposed bikeshare station, or a public facility. The Board must find that such facilities will be used by residents or users of the development or for handicapped access. The developer must not be required to obtain any right-of-way to build or improve a sidewalk or bikeway unless required under another provision of law.

      c.   Rustic roads. In approving a preliminary plan, the Board must not require improvements that are contrary to Chapter 49, Article 8 or Executive Regulations governing rustic roads. The Board may waive any requirement of Sections 4.3.E.2.b and 4.3.E.3.b that is incompatible with the rustic road or substitute any alternative requirement that is consistent with the goals of the rustic roads law. The Board may only require those improvements that retain the significant features of the road identified by the Council for preservation. If the Board is otherwise directed by this Section to require improvements that are contrary to the rustic roads law or Executive Regulations, the Board must consider the recommendations of the Rustic Roads Advisory Committee and evaluate the feasibility of trip reduction and alternative road improvements to the local roadway network. If the Board determines that no feasible alternative exists, it may require improvements that are necessary for traffic safety or operational requirements.

      d.   Road grade approval. No final grading, sidewalk or pavement construction, or installation of utilities must be permitted in the bed of any proposed public or private road in any preliminary plan until the grade has been approved under this Chapter.

      e.   Pedestrian paths. When a pedestrian path is included in a preliminary plan, the subdivider must grade and construct the path according to the plan approved by the Board, Department of Permitting Services, or applicable municipality.

      f.   Street lights. The subdivider must provide street lights under the standards required by the Road Design and Construction Code. The Department of Transportation may waive any requirement under this Subsection for any new subdivision that abuts a rustic road if the requirement is incompatible with the rustic road, or may substitute any alternative requirement that is consistent with the goals of the rustic roads law.

      g.   Traffic calming. The Board, after considering the recommendation of the appropriate transportation agency, may require any traffic calming feature as a condition of subdivision approval.

    6.   Platting roads. The area for roads, when shown on a record plat, must be shown on a record plat to the full width of the required right-of-way.

      a.   A public road must be dedicated to public use.

      b.   A private road must be platted as a road parcel, except as allowed by Subsection c, and remain open and unobstructed for use at all times as part of the project’s common area.

      c.   In the Commercial/Residential, Employment, Industrial, and Planned Unit Development zones, a private road may be delineated within a lot on the plat if the Board finds it appropriate to permit a structure that would otherwise cross a lot line created by a road parcel.

      d.   Restrictive covenant for private roads. All private roads must be recorded with a restrictive covenant approved by the Board that at a minimum ensures:

        i.   that the road is designed and constructed in a manner that satisfies the requirements of this Chapter, and all requirements made by the Montgomery County Fire Marshal for emergency access, egress, and apparatus;

        ii.   regular maintenance of the road by the property owner, with certification of regular inspections, and appropriate financial reserves required for short- and long-term maintenance and capital repairs;

        iii.   that the road remains open at all times, unless approved by the Department of Permitting Services and the Fire Marshal; and

        iv.   that the County and the Commission must be fully indemnified from all liability claims, demands, losses, or damages to person or property.

  F.   Water supply and sewage disposal facilities.

    1.   General. Before approving a preliminary plan, the Board must consider the availability of water and sewage facilities to the subdivision. The Board must consider the recommendation of the Washington Suburban Sanitary Commission and the County Department of Environmental Protection, as applicable, concerning the proper type of water supply and sewage disposal.

    2.   Requirements.

      a.   The applicant must install or assure installation of any required public or private water and sewage disposal systems for each lot.

      b.   Central water and sewer systems. All lots must have access to public central water and sewer facilities, and necessary private connections to such facilities, when conditions affecting the subject property result in one of the following determinations:

        i.   public water and sewer connections are available to the proposed lots for existing mains;

        ii.   existing public water and sewer mains can be extended to serve the lots; or

        iii.   the County Department of Environmental Protection determines that an interim central water supply or sewage disposal facility, or both, must be constructed for public health and safety, pending future extension of the WSSC system or other public system.

      c.   Use of County roads and State roads. For locations of any private connection to the public system within County or State road rights-of-way, the subdivider must obtain necessary permits to use public roads from the County or State, as applicable.

    3.   Growth tiers.

      a.   The Board must review any plan that includes residential lots under the Growth Tier rules as follows:

        i.   in this Subsection:

          (a)   a major subdivision is a division of land that would create 8 or more residential building lots; and

          (b)   a minor subdivision is a division of land that would create 7 or fewer residential building lots.

      b.   The Board must not approve any subdivision that would be served by one or more septic systems on land located in the Tier I area.

      c.   The Board must not approve any major subdivision that would be served by one or more septic systems on land located in the Tier II area.

      d.   The Board may approve a subdivision for any number of residential lots that would be served by one or more septic systems on land located in the Tier III or Tier IV area.

      e.   The official map displaying the Growth Tier areas as allowed under the Maryland Sustainable Growth and Agricultural Preservation Act of 2012 is located on the Planning Department website. The Council may amend the official map either by:

        i.   adopting Tiers in a General Plan amendment; or

        ii.   an amendment under Section 10.7.

The latest version of the map may be accessed from the Planning Department website at www.montgomeryplanning.org.

  G.   Markers and monuments.

    1.   The subdivider must have metal property line markers, approximately 1/2-5/8 inch in diameter and 18 inches in length, or other generally accepted survey markers, placed in the ground at all lot corners, intersections of roads, intersections of roads and alleys with record plat boundary lines, and at all points on road, alley and boundary lines where there is a change in direction or curvature, unless such point coincides with the location of a reference monument. All markers must be properly set in the ground before the roads and alleys are accepted for public maintenance. For projects that do not include public roads, the owner and land surveyor must certify to the Department of Permitting Services that all property corner markers have been set by a land surveyor.

    2.   The land surveyor hired by the owner must place markers and monuments in the ground after road grading and paving in the subdivision and grading and landscaping of adjacent lots are completed. The markers and monuments must be located as specified on the plat. The land surveyor must certify to the Department of Permitting Services, or other appropriate governmental agency or the municipality, that all survey monuments and markers are in place before the County or municipality accepts any road or alley established by the plat for maintenance. The amenity bonds must not be released by M-NCPPC until the land surveyor certifies to the Department of Permitting Services that all survey monuments are in place.

  H.   Stormwater management. All stormwater management requirements must satisfy Chapter 19.

  I.   Utilities. The developer must ensure the installation of utilities in all subdivisions.

    1.   Installation.

      a.   Within the property being subdivided, the developer must install any new utilities underground.

      b.   The developer may also be required to underground any above-ground or overhead utilities that exist either within the property being subdivided or within the road right-of-way along the frontage of the property being subdivided, if the Board determines it is necessary based upon the size and density of a proposed subdivision.

    2.   Completion. The Board must not approve a final plat until the developer demonstrates that the applicable utility companies or public agencies are able to provide utility services to the subdivision and installation by the developer has been assured under Section 10.2.

    3.   Easements. The subdivider must establish utility easements to allow for installation of all utility facilities servicing the proposed subdivision and the future extension thereof to any property adjoining the subdivision that:

      a.   provide the minimum area needed to maintain each of the facilities as determined by the Board in consultation with the utility providers;

      b.   are adjacent to, or accessible from, a road right-of-way;

      c.   are available to all utilities; and

      d.   are shown on the record plat.

With Department of Permitting Services approval, utilities may be placed within conduit in public road rights-of-way. Utilities placed within private road rights-of-way by a developer must be in conduit.

  J.   Adequate Public Facilities (APF).

    1.   Definitions. Words and phrases used in this Subsection have the meanings indicated in Chapter 8, Section 8-30.

    2.   Applicability. The Board may only approve a preliminary plan when it finds that public facilities will be adequate to support and service the subdivision. Public facilities and services to be examined for adequacy include roads and transportation facilities, sewer and water service, schools, police stations, firehouses, and health clinics.

    3.   Exemptions. The following developments are exempt from the requirements of this Subsection:

      a.   exclusively residential development on a lot or parcel recorded by plat before July 25, 1989, or otherwise recorded in conformance with a preliminary plan approved before that date;

      b.   any place of worship or use associated with a place of worship that does not generate peak hour vehicle trips that exceed the limits of the Growth and Infrastructure Policy traffic test; and

      c.   any addition to a school associated with a place of worship that existed before July 25, 1989.

    4.   Approval procedure.

      a.   Each applicant for a preliminary plan must submit sufficient information for the subdivision to demonstrate the expected impact on and use of public facilities and services by the subdivision.

      b.   The Board must consider the recommendations of the Executive and other agencies in determining the adequacy of public facilities and services under the Growth and Infrastructure Policy or other applicable guidelines.

      c.   If the Board finds, under criteria and standards adopted by the Council, that additional transportation facilities or traffic mitigation measures are necessary to ensure that transportation facilities will be adequate to serve the subdivision and to meet the transportation goals established by a master plan or the Growth and Infrastructure Policy for that portion of the County, the subdivision plan may also be subject to the execution of a Traffic Mitigation Agreement (TMAg) at the discretion of the Board.

    5.   Validity period.

      a.   Initiation date. The adequate public facilities validity period starts on the later of:

        i.   30 days from the date of mailing indicated on the written resolution; or

        ii.   if an administrative appeal is timely noted by any party authorized to file an appeal, the date upon which the court having final jurisdiction acts, including the running of any further applicable appeal periods.

      b.   If a corrected resolution is issued, the initiation date remains the date of mailing indicated on the original resolution.

      c.   A determination of adequate public facilities made under this Chapter is timely and remains valid:

        i.   for 12 years after the initiation date for any plan approved after July 24, 1989 but before October 19, 1999;

        ii.   for no less than 5 and no more than 12 years after the initiation date, as determined by the Board when it approved the plan, for any plan approved after October 18, 1999 but before August 1, 2007;

        iii.   for no less than 7 and no more than 12 years after the initiation date, as determined by the Board when it approved the plan, for any plan approved after March 31, 2009 but before April 1, 2017;

        iv.   for no less than 5 and no more than 10 years after the initiation date, as determined by the Board when it approved the plan, for any plan approved after July 31, 2007 and before April 1, 2009, or after March 31, 2017; and

        v.   for no less than 5 and no more than 10 years after the application is approved, as determined by the Board when it approved the application, for any adequate public facilities determination made in association with a site plan under Chapter 59 or building permit under Chapter 8 approved after July 31, 2007 and before April 1, 2009, or after March 31, 2017.

      d.   If an applicant requests a longer validity period than the minimum specified in Subsection 4.3.J.5.a, the applicant must submit a development schedule or phasing plan for completion of the project to the Board for its approval.

        i.   At a minimum, the proposed development schedule or phasing plan must show the minimum percentage of the project that the applicant expects to complete in the first 5 or 7 years, whichever is the applicable minimum, after the preliminary plan is approved.

        ii.   To allow a validity period longer than the specified minimum, the Board must find that the size or complexity of the subdivision warrant the extended validity period and would not be adverse to the public interest. The Board must condition a validity period longer than the specified minimum on adherence to the proposed development schedule or phasing plan, and may impose other improvements or mitigation conditions if those conditions are needed to assure adequate levels of transportation or school service during the validity period.

    6.   Validity period – County arts or entertainment use.

      a.   A determination of adequate public facilities made under this Chapter is timely and remains valid for 10 years after the date of the conveyance of land to the County, or possession of building space by the County for an arts or entertainment use, under a preliminary plan for an optional method of development project approved under Section 59-C-6.2356 of the zoning ordinance in effect on October 29, 2014.

      b.   The Board must grant an application to extend the validity period established under this paragraph for an additional 5 years if:

        i.   at least 20 percent of the approved development, excluding the arts or entertainment use, either separately or in combination:

          (a)   has been built;

          (b)   is under construction;

          (c)   is subject to building permits that have been issued;

          (d)   is subject to a valid lease; or

          (e)   has had a site plan approved under Sections 59-7.3.4 or 7.7.1.B; or

        ii.   at any time during the 2 years before the application for extension being filed, the vacancy rate for class A office buildings in the Central Business District in which the project is located reaches 10 percent for direct and sublet space combined, as measured by a commercial Multiple Listings Service benchmark; or

        iii.   the applicant makes a binding commitment to the County to make a contribution, as compensation for potential loss of property tax revenues, an amount equal to $2 for each square foot of approved taxable improvements and thereafter makes the contribution within 6 months of final approval of the extension.

      c.   The validity period is extended for the duration of any government imposed moratorium, or other government action resulting in a similar effect, that would prevent the applicant from:

        i.   completing the regulatory approvals necessary for obtaining a building permit; or

        ii.   obtaining a building permit.

      d.   If the applicant proposes to change a use in a project that is approved under Section 59-C-6.2356 of the zoning ordinance in effect on October 29, 2014, and the new use would have the same or lesser impact as the original determination of adequate public facilities, the adequate public facilities approval for the project remains valid.

    7.   Extensions.

      a.   Application. Only the Board may extend the validity period for a determination of adequate public facilities; however, a request to amend any validity period phasing schedule may be approved by the Director if the length of the total validity period is not extended.

        i.   The applicant must file an application for extension of an adequate public facilities determination or amendment of a phasing schedule before the applicable validity period or validity period phase expires.

        ii.   The applicant must submit a new development schedule or phasing plan for completion of the project for approval.

        iii.   For each extension of an adequate public facilities determination:

          (a)   the applicant must not propose any additional development above the amount approved in the original determination;

          (b)   the Board must not require any additional public improvements or other conditions beyond those required for the original preliminary plan;

          (c)   the Board may require the applicant to submit a traffic study to demonstrate how the extension would not be adverse to the public interest;

          (d)   an application may be made to extend an adequate public facilities period for a lot within a subdivision covered by a previous adequate public facilities determination if the applicant provides sufficient evidence for the Board to determine the amount of previously approved development attributed to the lot; and

          (e)   if the remaining unbuilt units would generate more than 10 students at any school serving the development, the Board must make a new adequate public facilities determination for school adequacy for the remaining unbuilt units under the school test in effect at the time of Board review.

      b.   The Board may approve an amendment to the new development schedule approved under Section 4.3.J.7.a.ii if the applicant shows that financing has been secured for either:

        i.   completion of at least one new building in the next stage of the amended development schedule; or

        ii.   completion of infrastructure required to serve the next stage of the amended development schedule.

      c.   Exclusively residential subdivisions. The Board may extend a determination of adequate public facilities for an exclusively residential subdivision beyond the otherwise applicable validity period if the Department of Permitting Services has issued building permits for at least 50 percent of the entire subdivision before the application for extension is filed. The Board may approve one or more extensions if the aggregate length of all extensions for the development does not exceed:

        i.   2.5 years for a subdivision with an original validity period of 7 years or less; or

        ii.   6 years for a subdivision with an original validity period longer than 7 years.

      d.   Nonresidential or mixed-use subdivisions.

        i.   The Board may extend a determination of adequate public facilities for a preliminary plan for nonresidential or mixed-use development beyond the otherwise applicable validity period if:

          (a)   the Department of Permitting Services issued building permits for structures that comprise at least 40% of the total approved gross floor area for the project;

          (b)   all of the infrastructure required by the conditions of the original preliminary plan approval has been constructed, or payments for its construction have been made; and

          (c)   the Department of Permitting Services either issued occupancy permits or completed a final building permit inspection for:

            (1)   structures that comprise at least 10 percent of the total gross floor area approved for the project within the 4 years before an extension request is filed; or

            (2)   structures that comprise at least 5 percent of the total gross floor area approved for the project within the 4 years before an extension request

is filed, if structures that comprise at least 60 percent of the total gross floor area approved for the project have been built or are under construction.

        ii.   For any development that consists of more than one preliminary plan, the requirements of 7.d.i apply to the combined project. A project consists of more than one preliminary plan if the properties covered by the preliminary plans of subdivision are contiguous and were approved at the same time.

        iii.   The length of any extension of the validity period granted under 7.d.i must be based on the approved new development schedule under 7.a.ii, but must not exceed:

          (a)   2.5 years for a subdivision with an original validity period of 7 years or less; or

          (b)   6 years for a subdivision with an original validity period longer than 7 years.

        iv.   The extension expires if the applicant has not timely requested an extension and the development is not proceeding in accordance with the phasing plan, unless the Board or the Director has approved a revision to the schedule or phasing plan.

        v.   In addition to the extension permitted under 7.d.iii, the Board may approve one or more additional extensions of a determination of adequate public facilities, not to exceed a total of 2.5 or 6 years, as applicable, if:

          (a)   development that comprises 30% or less of the total approved gross floor area for the project remains to be built of either the entire approved development or the share of the development to be built by that applicant; or

          (b)   the applicant will commit to reduce the amount of unbuilt development by at least 10%, and the validity period for the amount to be reduced will expire as scheduled.

      e.   Applications with significant infrastructure investment. The Board may extend an initial determination of adequate public facilities once for up to 12 more years beyond the otherwise applicable validity period if the Board finds that:

        i.   the preliminary plan or APF approval for the development required a significant commitment of funds by the applicant, amounting to at least $3 million, as adjusted annually from February 2017 by the consumer price index, to comply with specified infrastructure conditions;

        ii.   the applicant has met or exceeded the required infrastructure conditions during the original validity period; and

        iii.   the applicant’s satisfaction of the required infrastructure conditions provides a significant and necessary public benefit to the County by implementing infrastructure goals of an applicable master plan.

      f.   The validity period of a finding of adequate public facilities is not automatically extended under any circumstance, including when an applicant has completed all conditions imposed by the Board at the time of preliminary plan approval to meet adequate public facilities requirements.

      g.   If a new adequate public facilities determination is required under this Subsection, the procedures in Chapter 8, Section 8-32 apply.

      h.   No combination of extensions of APF validity approved under Section 4.3.J.7 may exceed a total of 12 years from the date of the original APF expiration.

  K.   Environment.

    1.   Forest conservation. If a forest conservation plan is required under Chapter 22A, the Board must not approve a preliminary plan or any extension until all applicable requirements of that Chapter are satisfied. The Board must make compliance with a required forest conservation plan a condition of any approved preliminary plan, including any plan reviewed on a preliminary or final basis.

    2.   Restriction of subdivision for environmental protection.

      a.   Affected land.

        i.   Floodplains. The Board must restrict subdivision or development of any property that is located in the 100-year floodplain as required by the Department of Permitting Services under Chapter 19, Article III.

        ii.   Unsafe Land. The Board must restrict the subdivision or development of any land it finds to be unsafe for development because of potential for flooding or stream erosion, soils with structural limitations, unstabilized slope or fill, steep slopes, or similar environmental or topographical conditions.

        iii.   Trees, forests, and environmentally sensitive areas. The Board may restrict the subdivision or development of land to protect environmentally sensitive areas and achieve the objectives of Chapter 22A relating to conservation of tree and forest resources.

      b.   Restrictions.

        i.   General. In addition to any requirement imposed under Chapter 22A, the proposed preliminary plan may be restricted under this Section by:

          (a)   deletion or rearrangement of proposed lots, roads, utilities, and other facilities;

          (b)   the establishment of building restriction and land disturbance limit lines, and other protective measures or conditions; or

          (c)   requirement of conservation easements, deed restrictions, or covenants over portions of lots or unplatted parcels to be recorded.

        ii.   Building restriction line. The Board may require a building restriction line shown on the plat to protect floodplain and other environmentally sensitive or unsafe building areas.

        iii.   Limit of disturbance line. The Board may require a limit of disturbance line to protect environmentally sensitive areas or unsafe land.

        iv.   Floodplain or unsafe land on a lot. The Board may allow a platted lot to contain floodplain or unsafe land when there is sufficient safe ground to erect a building within the required setbacks of the zoning classification. The Board may require a building restriction line on the plat. The restriction line must provide at least a 25-foot setback between any building and the unsafe areas. A greater setback must be provided where necessary for positive drainage between the building and unsafe area.

        v.   Regulations. The Planning Board may use regulations adopted under Chapter 22A to administer this Section.

  L.   Residential cluster subdivision.

    1.   Purpose. The cluster method of subdivision is intended to promote both flexibility in lot size and variety of housing types in residential communities without changing existing densities or neighborhood character. This method of development is also intended to encourage the preservation of existing topography, priority forests, and environmentally sensitive areas while providing useful community green or open space.

    2.   Conditions for use. The use of the cluster method of development is subject to Board approval and the following conditions and requirements:

      a.   the requirements in Chapter 59 in the applicable zone;

      b.   except in the Rural Cluster zone or as recommended by a master plan in the Residential Estate-2C zone, when WSSC will serve the development by public water and sewer;

      c.   the open space and green areas proposed by the applicant in the cluster development must comply with the general purpose of cluster development, and the application must include a plan detailing the post-development maintenance responsibilities and use of those areas;

      d.   the Board must count the land dedicated to public use for school and park sites in the tract area for the purpose of calculating density, and allow the use of the resulting density development of the remaining land when this can be accomplished in compliance with the purposes of this Section; and

      e.   future subdivision of land within the approved cluster subdivision that would result in the creation of additional lots is not permitted after the property is platted, except for amendments to cluster subdivisions that were approved prior to October 30, 2014 and that result in land being reviewed and approved as part of an Optional Method MPDU Development application with at least 25% moderately priced dwelling units (MPDUs), provided that the remaining portion of the cluster subdivision complies with all applicable development standards.

    3.   Procedure for approval.

      a.   In addition to any other required information in the preliminary plan application, the applicant must include a statement outlining the ownership and use of the common open space and green area within the subdivision, and a plan showing the construction staging of all improvements. The Board must make the staging plan part of the preliminary plan approval and must be subject to approval by the Board.

      b.   The Board must determine whether the site is appropriate for cluster development and will accomplish the purposes of the cluster method of development. In making this determination, the Board must consider the following:

        i.   the influence that the proposed development may have on existing or future development in nearby areas;

        ii.   the spatial relationship between the buildings and the open space and green area;

        iii.   the location, character, area, and dimensions of the open space and green area and its usefulness for the common recreational or other purposes for its intended use;

        iv.   the adequacy of the staging plan;

        v.   the nature of the site; and

        vi.   the use and zoning of nearby land.

  M.   Burial sites

    1.   When a proposed preliminary plan includes a burial site of which the applicant has actual notice or constructive notice or that is identified on the Montgomery County Cemetery Inventory within the site, the applicant must satisfy the following requirements:

      a.   The applicant must use the Montgomery County Planning Board Guidelines for Burial Sites to establish the location of the burial site. Unless Planning Department Staff believes that vandalism concerns dictate otherwise, the corners of the burial site must be staked in the field before preliminary plan submittal. If required, the stakes must be maintained by the applicant until preliminary plan approval.

      b.   An inventory, that may include photographs, of existing burial site elements (such as walls, fences, gates, landscape features, fieldstones, grave locations, and tombstones) and their condition must be submitted as part of the preliminary plan application.

      c.   The placement of lot lines must promote long-term maintenance of the burial site and protection of existing elements.

      d.   The burial site must be protected by arrangements sufficient to assure the Planning Board of its future maintenance and preservation, as specified in the Montgomery County Planning Board’s guidelines for burial sites.

    2.   The Planning Board must require appropriate measures to protect the burial site during the development process.

    3.   Except under circumstances identified in Subsection 4, a burial site and graves must remain where they are found.

    4.   The Planning Board may determine that it is necessary to allow the relocation of a burial site if:

      a.   the retention of the burial site would result in denying the property owner reasonable use of their property;

      b.   the location of necessary infrastructure cannot be achieved; or

      c.   the possible improvements to the visibility and accessibility of the site by the relocation of graves make relocation appropriate.

    5.   Any Planning Board approval to allow the relocation of remains is conditioned on the State Attorney’s approval to allow the relocation under State law.

  N.   Landscape and lighting plans.

    1.   For places of worship and institutional uses, a landscaping and lighting plan, which must also include the parking lot layout, must be submitted for review and approval concurrently with the preliminary plan.

Washington Suburban Sanitary Commission v. TKU Associates, 281 Md. 1, 376 A.2d 505 (1971).  Sections 4.1, 4.2 and 8.1 [formerly §§50-34 to 50-36 and, prior to that, §§104-23 through 104-25] are quoted in Gruver-Cooley Jade Corporation v. Perlis, 252 Md. 684, 251 A.2d 589 (1969).

  The requirement in §4.2.D.3 [formerly §50-35(k)] concerning a determination of adequate public facilities prior to approval of a subdivision plan is mentioned in connection with a discussion of Montgomery County’s growth policy in P. J. Tierney, Maryland’s Growing Pains: The Need for State Regulation, 16 U. of Balt. L. Rev. 201 (1987), at p. 237.

  Ord. No. 19-12, § 2, states:  Repeal of prior uncodified provisions.  The uncodified provisions of Ordinance Numbers 16-35, 17-04, 17-31 and 18-04 which appear in Sections 50.3 and 50.4 are repealed.

  Ord. No. 19-12, §3, states:  Automatic Extensions.

  (a)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009 is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on March 31, 2015 or for which a timely application for an extension of the validity period was pending on March 31, 2015, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of portions of Section 4.3.J to the contrary, the validity period of any determination of adequate public facilities that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  Ord. No. 19-12, §4, states:  Automatic Extensions:

  (a)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2009, or for which a timely application for an extension of the validity period was pending on March 31, 2009, including any separate phase of a multi-phase plan, is automatically extended for 8 years after the date when the validity period would otherwise have expired. This 8-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (b)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2011, or for which a timely application for an extension of the validity period was pending on March 31, 2011, including any separate phase of a multi-phase plan, is automatically extended for 6 years after the date when the validity period would otherwise have expired. This 6-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (c)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2013, or for which a timely application for an extension of the validity period was pending on March 31, 2013, including any separate phase of a multi-phase plan, is automatically extended for 4 years after the date when the validity period would otherwise have expired. This 4-year extension includes any extension granted automatically by any previous subdivision amendment and must be treated for all purposes as part of the validity period that was extended.

  (d)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on March 31, 2015, or for which a timely application for an extension of the validity period was pending on March 31, 2015, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  (e)  Notwithstanding any provision of Section 4.2.G to the contrary, the validity period of any preliminary subdivision plan that was valid on July 28, 2020, or for which a timely application for an extension of the validity period was pending on July 28, 2020, including any separate phase of a multi-phase plan, is automatically extended for 2 years after the date when the validity period would otherwise have expired. This 2-year extension must be treated for all purposes as part of the validity period that was extended.

  Ord. No. 17-20, §2, concerning Tier 4 density, and §4, concerning effective dates, state:

  Sec. 2. Certification of Tier 4 density. Within 5 days after this ordinance becomes law [September 18, 2012], the Planning Director must submit the Tier Map to the Maryland Department of Planning, with all data required by Maryland’s Sustainable Growth and Agricultural Preservation Act of 2012, to verify that the average density of the Tier IV area is no greater than one unit for every 20 acres.

  Sec. 4. Effective date.  This ordinance takes effect as follows:

  (a)   Except for Section 4.3.F.3.f [formerly §50-35(e)(7)], this ordinance takes effect on the date the ordinance becomes law [September 18, 2012].

  (b)   Section 4.3.F.3.f [formerly §50-35(e)(7)] takes effect on the date the Maryland Department of Planning certifies the Tier IV area as being less dense than one dwelling unit for every 20 acres. [Maryland Department of Planning letter of December 21, 2012 to the Montgomery County Planning Department, states: “MDP’s finding is that the County’s established zoning and subdivision rules already adequately limit residential subdivision sufficiently so there is no need for the additional restrictions that would be imposed by Tier IV restriction.”]

  Subsection 4.3.E.5.c is derived, in part, from Subsection 50-35(q), which was added by Ord. No. 12-31, §1. Section 2 of that ordinance reads as follows:

  “Sec. 2. Interim protection of roads.

  “(a)   This Ordinance applies to the roads identified on Exhibit A [following §49-80] as rustic roads and exceptional rustic roads as if the County Council had so classified the roads under Section 49-78.

  “(b)   The Rustic Roads Advisory Committee must advise the Planning Board regarding the significant features of these roads that must be preserved when the roads are improved.  These significant features have the same status as those identified by the County Council under Section 49-78.

  “(c)   The County Council may add or delete all or part of a road from the list on Exhibit A by resolution after a public hearing if:

    “(1)   the Planning Board asks the Council to delete a road from the list so that the Board can require roadway improvements not permitted by this Act;

    “(2)   the Rustic Roads Advisory Committee asks the Council to add or delete a road from the list; or

    “(3)   an applicant for a preliminary plan of subdivision asks the Council to delete a road from the list so that the applicant can make roadway improvements not permitted by this Act.

  “(d)   This Section is not effective after December 31, 1996.”

  Subsection 4.3.J.5 is derived, in part, from Subsection 50-35(h), which was amended by Section 2 of Ord. No. 12-60. Section 3 of that ordinance reads as follows:

  Sec. 3. For preliminary plans and record plats approved prior to the effective date of this ordinance, which remain valid, the validity period and procedural requirements and limitations for plan extensions are as established under this ordinance.

  Section 1 of Ord. No. 14-50 deleted the sunset provision of the previous amendments altogether.  Section 1 of Ord. No. 14-37, amending Section 5 of Ord. No. 13-36, states: “Sunset. On July 1, 2002, any function transferred by this Ordinance to the Department of Permitting Services reverts to the Department which administered that function before this Ordinance took effect.”  Section 5 of Ord. No. 13-36 (sunset date of July 1, 1998) was previously amended by Section 1 of Ord. No. 13-113 (sunset date of July 1, 2001).

  Section 2 of Ord. No. 12-31 reads as follows:

  “Sec. 2. Interim protection of roads.

  “(a)   This Ordinance applies to the roads identified on Exhibit A [following §49-80] as rustic roads and exceptional rustic roads as if the County Council had so classified the roads under Section 49-78.

  “(b)   The Rustic Roads Advisory Committee must advise the Planning Board regarding the significant features of these roads that must be preserved when the roads are improved.  These significant features have the same status as those identified by the County Council under Section 49-78.

  “(c)   The County Council may add or delete all or part of a road from the list on Exhibit A by resolution after a public hearing if:

    “(1)   the Planning Board asks the Council to delete a road from the list so that the Board can require roadway improvements not permitted by this Act;

    “(2)   the Rustic Roads Advisory Committee asks the Council to add or delete a road from the list; or

    “(3)   an applicant for a preliminary plan of subdivision asks the Council to delete a road from the list so that the applicant can make roadway improvements not permitted by this Act.

  “(d)   This Section is not effective after December 31, 1996.”

  Res. No. 9-280, introduced and adopted on June 19, 1979, recognized the authority of the Maryland Department of Natural Resources to regulate construction within the one-hundred-year floodplain.

#### Division 50.5. Pre-Preliminary Submissions

**Section 5.1. Filing and Specifications**

  A.   Filing. Before a subdivider submits a preliminary plan, the subdivider may seek advice on limited aspects of a future subdivision plan from the Planning Department Staff, the Development Review Committee, or the Board as appropriate, or seek a binding decision from the Board. The Applicant must file a pre-preliminary submission and applicable supporting information, together with an application form and fee under Section 4.1.A.

  B.   The drawing. A pre-preliminary drawing must contain the location of the property and sufficient information concerning the issue on which advice or a decision is requested. The drawing may include, but is not limited to:

    1.   the generalized layout of the subdivision;

    2.   the location and classification of roads, public rights-of-way, existing and proposed easements, and dedications of land;

    3.   the method of controlling erosion, sediment, and stormwater;

    4.   the relationship to existing or planned subdivisions;

    5.   the provisions for water and sewerage; and

    6.   any other features or information the applicant chooses to submit.

**Section 5.2. Approval Procedure**

  A.   Referral. Application processing and referral of the plan must satisfy Sections 4.1.D and 4.2.A.

  B.   Hearing date. The Board must schedule a public hearing to begin within 90 days after the date an application is accepted. The Director may postpone the public hearing once, by up to 30 days, without Board approval. The Director or applicant may request an extension beyond the original 30 days with Board approval. Any extension of the public hearing must be noticed and on the Board’s hearing agenda with the new public hearing date indicated.

  C.   Action on a pre-preliminary submission. At the applicant’s discretion, action on a pre-preliminary plan may be either advisory if only reviewed by the Development Review Committee or binding if reviewed by the Board.

    1.   Advisory. The Development Review Committee must provide recommendations on the pre-preliminary plan on the day of the scheduled committee meeting. Planning Department Staff must transmit the recommendations provided by agencies outside of the committee meeting to the applicant when they are received.

    2.   Binding.

      a.   After receiving the recommendations of the public agencies and the advice of the Development Review Committee, the Planning Department Staff must present the application to the Board, together with its recommendations for approval, disapproval, or approval with conditions. The Board must act to:

        i.   approve the pre-preliminary submission;

        ii.   disapprove it, stating in writing the reasons for disapproval; or

        iii.   approve it, subject to such conditions or modifications as the Board finds necessary. Approval of any feature of a pre-preliminary submission does not limit the ability of the Board to impose further conditions at the time of preliminary plan on features not included in the Board’s binding decision.

    3.   Modification of preliminary plan procedures after pre-preliminary submission approval.

      a.   A subdivider must file an application for a preliminary plan within 90 days after the date of mailing of the Board resolution for the pre-preliminary plan; otherwise, the approval will expire.

      b.   The procedures in Sections 4.1 and 4.2 are modified as follows:

        i.   the preliminary plan application must contain the statement of the Board’s action on the pre-preliminary application;

        ii.   in their review of the preliminary plan under Section 4.2, the agencies to which the preliminary plan is referred and the Planning Department Staff must not recommend changes or modifications to the binding pre-preliminary decision made by the Board, unless requested in writing by the applicant or unless the applicant substantially changes some feature of the approved pre-preliminary submission. The Board must review any conditions imposed as part of the Board’s binding decision to determine that the preliminary plan satisfied those conditions; and

        iii.   the Board, in its review of the preliminary plan, must consider only those features of the preliminary plan that are not in conformity with the conditions imposed by the Board in the pre-preliminary application review, plus any features not considered or acted upon in that review.

#### Division 50.6. Administrative Subdivision Plan

**Section 6.1. Applicability**

  The subdivider may file an administrative subdivision plan application under the following circumstances. Administrative subdivision plans may only be used to create lots, as expressly described below.

  A.   Existing places of worship and institutional uses. A lot may be created for existing facilities such as places of worship, private schools, country clubs, private institutions, and similar uses located on unplatted parcels if:

    1.   the applicable requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat;

    2.   any required road dedications, or covenants for future dedications, are shown on the record plat;

    3.   forest conservation plan approval and stormwater management and environmental protection requirements, if applicable, are satisfied before approval of the plat;

    4.   it is located in a special protection area and all applicable special protection area requirements and guidelines are satisfied before approval of the plat;

    5.   a landscaping and lighting plan including the parking lot layout is submitted for Planning Department Staff approval before approval of the plat; and

    6.   all conditions of any conditional use approval, to which the property may be subject, remain in full force.

  B.   Subdivision for creation of certain residential lots located in the Agricultural Reserve zone. Up to 5 lots for detached houses may be created under these procedures in the AR zone if:

    1.   written approval for a proposed well and septic area is received from the Department of Permitting Services before approval of the plat;

    2.   any required road dedications and public utility easements along the frontage of the proposed lots are shown on the record plat, and the applicant provides any required improvements;

    3.   the requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat;

    4.   a covenant is recorded for the unplatted balance of the tract noting that density and development rights have been used for the new lots and noted on the record plat for the lots;

    5.   lots created in the AR zone through this procedure are 5 acres or less, unless approved by the Board; and

    6.   forest conservation plan approval and stormwater management and environmental protection requirements, if applicable, are satisfied before approval of the plat.

  C.   Subdivision for creation of certain residential lots. Up to 3 lots for detached houses may be created in any residential or rural residential zone under these procedures if:

    1.   the lots are approved for standard method development;

    2.   written approval for any proposed well and septic area is received from the Department of Permitting Services, Well and Septic Section before approval of the plat;

    3.   any required road dedications and associated public utility easements are shown on the plat and the applicant provides any required improvements;

    4.   the requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat; and

    5.   forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat.

  D.   Consolidation of an existing lot with another lot or part of a lot in a nonresidential zone. In a nonresidential zone, a lot may be created by combining existing adjoining lots, or a lot and a part of a previously platted lot, if:

    1.   the lots or parts of lots are:

      a.   created by the same subdivision, and any applicable conditions of the original subdivision approval, including limits on density, remain in effect; or

      b.   created by a subdivision approval without specific density limits and the new lot is limited to the density of the existing development;

    2.   any required road dedications and public utility easements along the frontage of the proposed lots are shown on the record plat, and the applicant must provide any required improvements;

    3.   where new development is proposed, the requirements for adequate public facilities under Section 4.3.J are satisfied before approval of the plat;

    4.   forest conservation plan, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and

    5.   when located in a special protection area, all applicable special protection area requirements and guidelines are satisfied before the Board approves the plat.

For the purposes of this section, a part of a lot that qualifies for the exemption stated in Subsection 3.3.B.2 may be used in lieu of a whole lot.

  E.   Subdivision application for property approved under an Expedited Approval Plan under Section 7.3.5. of the Zoning Ordinance. A lot or lots created for an Expedited Approval Plan may be approved if:

    1.   the Planning Board approves an Expedited Approval Plan under Section 59-7.3.5, including a finding of adequate public facilities under the standards of Section 50-4.3.J, before approval of the plat;

    2.   any required road dedications, or covenants for future dedications, and associated public utility easements are shown on the record plat;

    3.   forest conservation plan approval, stormwater management, and environmental protection requirements, if applicable, are satisfied before approval of the plat; and

    4.   when located in a special protection area, all special protection area requirements are satisfied before approval of the plat.

**Section 6.2. Filing Requirements**

  A.   Filing. The Applicant must file the administrative subdivision plan and applicable supporting information under Subsection 4.1.C, together with an application form and fee to satisfy Subsection 4.1.A.

  B.   Application processing.

    1.   The applicant must submit an initial application to the Director. The Director must review the application for completeness within 5 days after receipt. An application is incomplete if any required element is missing or is facially defective, e.g., a drawing that is not to scale. The assessment of completeness must not address the merits of the application.

    2.   The applicant must resubmit a revised application within 10 days from the date of the written rejection, or the application will be automatically withdrawn. The Director must review the revised application for completeness within 5 days after receipt.

    3.   The administrative subdivision plan is deemed filed when the application has been accepted as complete for review.

    4.   Public notice is required per a regulation approved under Section 10.1.

  C.   The drawing. An administrative subdivision plan must contain sufficient information relevant to the aspects of the submission. The plan must include the generalized layout of the subdivision and any other features or information needed to support submission of a plat.

**Section 6.3. Approval Procedures**

  A.   Referral of plan. Immediately after accepting an application, the Director must send a copy to the Development Review Committee and other reviewing agencies for the agencies’ comments concerning the plan. The Development Review Committee must provide recommendations to the Director on the administrative subdivision plan at or before the committee meeting.

  B.   Action on an administrative subdivision plan.

    1.   Director Action. An administrative subdivision plan may be approved by the Director without a public hearing if no objection to the application is received within 30 days after the application notice is sent. After receiving the recommendations of the Development Review Committee and other reviewing agencies, and considering correspondence from other interested parties, the Director must approve or disapprove the administrative subdivision plan in writing.

    2.   Planning Board Action. If an objection is received within 30 days after the application notice is sent, and the Director considers the objection relevant, a public hearing and action by the Board is required. The Director may also require that the plan be acted on by the Board when no objection is received. When applicable, the Director must schedule a Board hearing on its next available agenda.

    3.   All necessary improvements to support the development must be completed or assured under Section 10.2.

    4.   The Director must take action on an administrative subdivision plan or schedule a public hearing within 90 days after the date an application is accepted. The Director may postpone the public hearing once, by up to 30 days, without Board approval. The Director or applicant may request an extension beyond the original 30 days with Board approval. Any extension of the public hearing must be noticed on the hearing agenda with the new public hearing date indicated.

    5.   In making the findings required in Subsection 6.3.C, the Director or Board must consider the technical requirements under Section 4.3. In performing this review, the Director is authorized to perform any relevant action that is permissible to the Board under Section 4.3, except for the following:

      a.   Section 4.3.C.1.b, with respect to flag lots;

      b.   Section 4.3.C.1.c, with respect to lots without frontage on a public or private road; and

      c.   Section 4.3.D.5, with respect to reservation of land for public use.

  C.   Required Findings. To approve an administrative subdivision plan, the Director or Board must make the following findings:

    1.   the layout of the subdivision, including size, width, shape, orientation and density of lots, and location and design of roads is appropriate for the subdivision given its location and the type of development or use contemplated and the applicable requirements of Chapter 59;

    2.   the administrative subdivision plan substantially conforms to the master plan;

    3.   public facilities will be adequate to support and service the area of the subdivision;

    4.   all Forest Conservation Law, Chapter 22A requirements are satisfied;

    5.   all stormwater management, water quality plan, and floodplain requirements of Chapter 19 are satisfied;

    6.   any burial site of which the applicant has actual notice or constructive notice or that is included in the Montgomery County Cemetery Inventory and located within the subdivision boundary is approved under Subsection 4.3.M; and

    7.   any other applicable provision specific to the property and necessary for approval of the subdivision is satisfied.

  D.   Plan certification. Every administrative subdivision plan approved by the Board or the Director must be certified by the Director to confirm that the plan reflects the approval. Any modification of the plan conditioned by the approval must be included in the plan before receiving the approval stamp. The approved plan must be filed in the records of the Board.

  E.   Amendments. Any amendment to an approved administrative subdivision plan must follow the procedures, meet the criteria, and satisfy the requirements of this Division.

  F.   Plan validity.

    1.   Initiation date. The plan validity period for administrative subdivision plans starts on the later of:

      a.   30 days from the date of mailing indicated on the Director’s written approval or the Board’s resolution; or

      b.   the date upon which the court having final jurisdiction acts, including the running of any further applicable appeal periods, if an administrative appeal is timely noted by any party authorized to file an appeal.

If a corrected resolution is issued, the initiation date remains the date of mailing indicated on the original resolution.

    2.   Duration.

      a.   An approved administrative subdivision plan remains valid for 3 years after its initiation date.

      b.   An administrative subdivision plan is validated when the applicant has secured all government approvals necessary to record a plat, and a plat for all property shown on the plan has been recorded in the County Land Records.

      c.   Any extension of the validity period must follow the procedures of Subsection 4.2.H.

      d.   For any action taken by the Director or Board to amend a previously approved administrative subdivision plan, the Director or Board will determine, on a case-by-case basis, whether the validity period should be extended and, if so, for what duration. In making the determination, the Director or Board must consider the nature and scope of the requested amendment.

      e.   Failure to timely validate or extend the validity period of an administrative subdivision plan is governed by Subsection 4.2.I.

  G.   Revocation or vacation of an administrative subdivision plan.

    1.   Revocation of an administrative subdivision plan must satisfy Subsection 4.2.J.

    2.   Vacation of an administrative subdivision plan must satisfy Subsection 4.2.K.

  H.   Appeal of an administrative subdivision plan.

    1.   Appeal to the Planning Board. After the Director issues a written decision on an administrative subdivision plan, an applicant or party who testified or submitted testimony on the plan may appeal the decision to the Board within 30 days.

    2.   Hearing. The Board must hold a de novo hearing on the appeal. The Board must adopt a written resolution explaining its decision. For purposes of judicial review, the decision of the Board is the final agency action.

#### Division 50.7. Minor Subdivision

**Section 7.1. Applicability**

  The submission of a preliminary plan under Sections 4.1 and 4.2, and Sections 6.1 and 6.2, is not required for:

  A.   Minor lot line adjustment. The sale or exchange of part of a lot between owners of adjoining lots for the purpose of small adjustments in boundaries, if:

    1.   the total area of the adjustment is 5 percent or less of the combined area of the lots affected by the adjustment;

    2.   additional lots are not created;

    3.   the adjusted lot line is approximately parallel with the original lot line or, if it is proposed to intersect with the original line, it does not significantly change the shape of the lots involved;

    4.   the owner submits a scaled drawing for review and approval by the Director. The drawing may be a copy of the existing record plat and must contain the following information:

      a.   proposed lot line adjustment as a dashed line;

      b.   any buildings, driveways, or other improvements located within 15 feet of the proposed adjusted lot line;

      c.   any minimum building setback that would be altered by the minor lot line adjustment; and

      d.   the amount of lot area affected by the minor lot line adjustment;

    5.   The drawing is approved, revised, or denied by the Director in writing within 10 days after the drawing is submitted or it is deemed approved.

A record plat application must be submitted to the Director within 90 days after approval or the approval is void.

Any minor lot line adjustment between properties that occurred before May 19, 1997 remains as an exemption to platting under Subsection 3.3.B.3.

  B.   Conversion of an outlot into a lot. An outlot may be converted into a lot if:

    1.   the outlot is not required for open space or green area, or is otherwise constrained in a manner that prevents it being converted into a buildable lot;

    2.   there is adequate sewerage and water service to accommodate development on the lot;

    3.   all applicable requirements or agreements under the Adequate Public Facilities provisions in Subsection 4.3.J and the Growth and Infrastructure Policy are satisfied before recording the plat;

    4.   all applicable conditions or agreements applicable to the original subdivision approval creating the outlot apply to the new lot. The conditions and agreements may include, but are not limited to, any adequate public facilities agreement, conservation easement, or building restriction lines; and

    5.   if the outlot is located within a special protection area, all applicable special protection area requirements and guidelines, including the approval of a water quality plan, are satisfied before recording the plat.

  C.   Consolidation. Adjoining properties in the Rural Residential or Residential Detached zones, not developed under cluster provisions, may be combined in the following ways:

    1.   by consolidating 2 or more lots into a single lot, consolidating lots and an outlot into a single lot, or consolidating a lot and an abandoned road right-of-way, if:

      a.   any conditions applicable to the original subdivision remain in effect;

      b.   the number of trips generated on the new lot do not exceed those permitted for the original lots; and

      c.   any required right-of-way dedication is provided.

    2.   by consolidating a part of a lot that contains a legally constructed detached house or an existing platted lot with a piece of land created as a result of a deed, if:

      a.   the portion of land created by deed cannot itself be platted under the area and dimensional standards of the zone;

      b.   any conditions applicable to the existing lot remain in effect on the new lot;

      c.   any required road dedication is provided; and

      d.   the existing platted lot was not identified as an outlot on a plat.

  D.   Subdivision to reflect ownership. A recorded lot approved for a commercial, industrial, or multi-unit residential use may be resubdivided to create or delete an internal lot to reflect a change in ownership, deed, mortgage, or lease line if:

    1.   all conditions of approval for the original subdivision that created the lot remain in effect;

    2.   the total maximum number of trips generated on all new lots created will not exceed the number of trips approved for the lot in the original subdivision;

    3.   all land in the original subdivision lot is included in the plat; and

    4.   all necessary code requirements of Chapters 8, 19, and 22 are met and any necessary cross easements, covenants, or other deed restrictions necessary to implement all the conditions of approval on the lot in the original subdivision are executed before recording the plat.

  E.   Ownership Plat. An ownership plat may be recorded to delineate separate ownership units within a lot approved for any use except for single-unit living as follows:

    1.   Ownership units to reflect deed, mortgage, or lease lines may be created by an ownership plat if:

      a.   the lot on which the ownership units are created is included on a plat approved by the Board and has:

        i.   site plan approval under Section 59-7.3.4;

        ii.   conditional use approval under Section 59-7.3.1; or

        iii.   special exception approval under the Zoning Ordinance in effect before October 30, 2014;

      b.   the location and design of all structures on the ownership units satisfy Chapters 8, 19, and 22;

      c.   the ownership units do not violate any other provision of law or adversely affect any conditions of approval for the subdivision plan that created the underlying lot or any approval required by Subsection 7.1.E.1.a;

      d.   any necessary cross easements, covenants, or other deed restrictions necessary to implement all conditions of approval are executed before recording the ownership plat; and

      e.   the ownership units are suitable for the type of development, the use contemplated, and the available utilities and services.

    2.   Ownership units must be depicted on the ownership plat with metes and bounds descriptions inside the boundary of the underlying lot as shown on the record plat.

    3.   Private roads must not be delineated as a separate ownership unit on an ownership plat.

    4.   No person can record an ownership plat, or sell any property with reference to an ownership plat, until the plat has been approved by the Board and recorded in the land records.

    5.   The Board may apply conditions to the approval of an ownership plat.

    6.   An ownership unit created under this section is not:

      a.   a change to any condition of approval for the subdivision that created the lot in the original subdivision or any approval required by Subsection 7.1.E.1.a; or

      b.   used to establish building setbacks or to establish conformance with subdivision or zoning requirements.

  F.   Plat of correction. A plat of correction may be used for any of the following:

    1.   to correct inaccurate or incomplete information shown on a previously recorded plat, such as drafting or dimensional errors on the drawing; failure to include a required note, dedication, easement or other restriction; incorrect or omitted signatures; or other information normally required to be shown on a recorded plat. All owners and trustees of the land affected by the correction must sign the revised plat. In addition, the plat of correction must identify the original plat and contain a note identifying the nature of the correction;

    2.   to revise easements to reflect a Planning Board Action, or as necessitated by a State or County agency or public utility;

    3.   to improve clarity and legibility, the owner of any lands shown on a record plat may record an exact copy of the plat, except for necessary change of scale and the addition of any other necessary elements to make the plat conform to the requirements of this Chapter. The new plat must indicate that it is an exact copy of the original plat except for the changes made under this Subsection.

  G.   Pre-1958 parcels. An unplatted parcel created by deed before June 1, 1958, if the parcel is developable for only one detached house.

  H.   Creation of a lot from a part of a lot. A part of a previously recorded lot in a Residential Detached zone that was created as a result of a deed transfer of land from the lot may be converted into a lot if:

    1.   the part of lot was created by deed recorded before June 1, 1958, or

    2.   the part of lot contains a legally constructed detached house; and

    3.   all conditions or agreements applicable to the subdivision approval creating the original lot apply to the new lot. The conditions and agreements may include, but are not limited to, any adequate public facilities agreement, conservation easement or building restriction lines.

  I.   Unplatted Parcels With Existing Houses. In the R-90 and R-60 zones, an unplatted parcel containing an existing house may be converted into a lot under the minor subdivision procedure if:

    1.   any required road dedication along the frontage of the proposed lot is shown on the record plat;

    2.   there is adequate sewerage and water service to the property; and

    3.   the principal use of the property is single-unit living and any new construction on the lot is limited to a detached house.

**Section 7.2. Procedure for Platting Minor Subdivisions**

  The subdivider of a property that satisfies the requirements for a minor subdivision under Section 7.1 may submit an application for record plat for approval under Section 8.1 and Section 8.2.

  A.   Additional considerations.

    1.   In the case of minor subdivisions, no additional improvements beyond those required for the original subdivision are required until development in excess of development in the original approval occurs.

    2.   Any lot created through the minor subdivision process and any lot replatted as part of a minor lot line adjustment must satisfy all applicable zoning requirements in Chapter 59.

    3.   Any applicable requirements of Chapter 22A must be satisfied before approval of the plat by the Board.

### Article Iii. Plats

#### Division 50.8. Plats - Generally

**Section 8.1. Filing and Specifications**

  All boundaries, road right-of-way lines, lot lines, and any other pertinent lines must be shown together with sufficient data to locate each line and property corner on the ground.

  A.   Application and fee. The subdivider must file the plat drawing with the Board, together with the application form, supporting information, and the required plat fee. Any fees required by other County agencies in connection with their review of plats must also be paid.

  B.   Specifications.

    1.   The plat accompanying the application for approval must satisfy Section 8.1.C. The lack of information under any item specified or inadequate information supplied by the applicant may cause the Board to disapprove a plat.

    2.   The Board may approve guidelines for the preparation of a record plat.

  C.   Plat drawing. The plat drawing prepared with the application must be an 18-inch by 24-inch sheet, including a margin of one-half inch outside ruled border lines. It must be accurately drawn to a scale approved by the Board and must include the following:

    1.   Title block. The title block must appear in the lower right corner of the sheet and must include the following information:

----------

      a.   the words “Subdivision Record Plat”;

      b.   approved name of the subdivision and the Section thereof, including blocks, lots, parcels, and outlots;

      c.   election district, County and State, or name of town instead of election district, if the subdivision is in an incorporated town;

      d.   scale of drawing;

      e.   name of firm of land surveyor who prepared the plat and date of completion; and

      f.   a description of the general purpose of the plat, including, without limitation, plat of correction or resubdivision.

    2.   Graphic details. The plat must show the following, as applicable in each case:

      a.   all property boundary lines necessary to identify the property included in the subdivision, with a reference to the previous conveyance by which the property was acquired. Where the subdivision is a part of such conveyance, the boundaries shown must include the last complete line touched on by the subdivision or an indicated dimension describing the remainder of the complete line. Where a subdivision includes all or parts of 2 or more conveyances, the boundaries of such separate deed descriptions must be indicated by light lines running through the subdivision, together with deed reference to each original tract or unplatted parcel;

      b.   locations, widths, and names of all road rights-of-way located in the subdivision;

      c.   locations and widths of alley and mid-block pedestrian rights-of-way or parcels;

      d.   Existing and proposed encumbrances.

        i.   Existing. The area and recordation reference for recorded easements or rights-of-way established for public services, conservation purposes or utilities, and other known encumbrances;

        ii.   Proposed. Sufficient dimensions to identify the location of all easements or rights-of-way to be established by the plat and, as to each such encumbrance, the general purpose, and the grantee;

        iii.   Environmental. Description of any conservation easement, in addition to any 100-year floodplain and 100-year floodplain building restriction line required under Chapter 19, Article III;

      e.   any areas to be reserved for common use by residents of the subdivision or for general public use, with the purposes indicated;

      f.   bearings and lengths of all block and lot lines, together with the length of radii, arcs, and chords with chord bearings and central angles for all curves in the layout. A curve table must be used containing these data and referenced to the overall curves shown in the drawing.

        i.   All bearings shown on plats must be referenced to the Maryland Coordinate System, and the survey must be accurately referenced to such system using conventional survey methods or other technology acceptable to the Board, except that a plat of resubdivision requiring no preliminary plan approval and plats of correction may be referenced to the plat meridian used on the original record plat; and

        ii.   in all cases, the meridian used must be noted alongside the north arrow, which is required to be shown on each plat;

      g.   Maryland coordinate values, tied to the Maryland Coordinate System, for at least 4 corners of the plan of subdivision shown on the plat, unless the survey is referenced to a record plat meridian. The identification names or numbers and coordinate values for the control stations used must be shown. Coordinate values and distance dimensions on plats must be expressed in feet, based on the United States Survey Foot;

      h.   the location and nature of existing property corner markers found that coincide with property corners held referenced on the plat must be labeled as such;

      i.   lots numbered in sequential order. In tracts containing more than one block, the blocks must be lettered in alphabetical order. In case there is a resubdivision of lots in any block, such resubdivided lots must be numbered sequentially, beginning with the number following the highest

lot number in the block and the original lot lines shown dashed and original lot numbers shown dotted;

      j.   area in square feet, or other units shown on the plat, of each lot, outlot, parcel, or land dedicated to public use;

      k.   building setback lines, shown with dimensions, where they exceed the minimum required in Chapter 59, and any other building restriction lines that may apply;

      l.   bearings and lengths of tie connections between all blocks and the plat boundary;

      m.   names and locations of adjoining subdivisions with lot and block numbers of immediately adjoining lots, together with plat references;

      n.   location and apparent ownership of adjoining unsubdivided property with land record reference, or County Register of Wills or equity case references;

      o.   vicinity map showing location of subdivision, with roads in the immediate proximity labeled. In the case of a large subdivision requiring multiple plats, a key map must be included to show the location of the plat relative to the entire subdivision;

      p.   bar scale;

      q.   a note stating that the lots shown will have public water and sewer, or have been approved by the Department of Permitting Services for the installation of individual water supply systems or individual sewerage disposal systems;

      r.   for lots developed using transferable development rights, a statement concerning the number of development rights transferred and the following information:

        i.   the number of development rights transferred and the serial numbers of the development rights transferred;

        ii.   liber and folio reference to the transfer of development rights easement; and

        iii.   a notation of the recordation reference of a conveyance required by Section 59-4.9.15, as amended;

      s.   file number of the preliminary plan and, as applicable, the file numbers of the site plan and project or sketch plan upon which the plat is based;

      t.   tax map reference;

      u.   a table containing the total number and area in square feet of lots, outlots, or parcels included on the plat and areas dedicated to public use; and

      v.   any other element for inclusion on the plat that is authorized by law or regulation or required by the Board.

    3.   Surveyor certificate. Certificate by the land surveyor in a form required by the Board, certifying to the accuracy of the plat and to areas included on the plat and dedicated to public use. The certificate must also include conveyance information with recording references of the lands contained in the plat.

    4.   Owner’s Certificate. Certificate by the owner and all parties of interest, in a form required by the Board, adopting the plat; granting slope, utility, conservation, or any other easements; and establishing building restriction lines that are required to be drawn or noted on the plat per the conditions of the approved preliminary plan and dedicating to public use roads, alleys, rights-of-way, and any other areas approved for dedication to public use by the Board. The owner must certify that a land surveyor will be engaged to set all property corner markers under Subsection 4.3.G.

    5.   Title information notice. A statement indicating that the plat does not show every matter affecting or restricting the ownership and use of the property, and does not replace an examination of title or that it notes all matters affecting title.

    6.   Approval box. An approval box in a form required by the Board must be provided. The box must provide approval space for signatures by the Board and the Department of Permitting Services.

  D.   Multiple plats for a single subdivision. A plat may include only a portion of the approved preliminary plan if the portion covered is in substantial compliance with the approved staging schedule. The public improvements to be constructed in the area covered by the plat must be sufficient by themselves to support the development and to provide adequately for the health, safety, and convenience of the present and future residents and

for adequate access to contiguous areas, schools, and other public sites. Any plat filed under this Subsection must show any dedication to the intersection of all roads abutting corner lots or any other road.

  E.   Other supporting information. The following supporting information is also required with the plat application.

    1.   Documents and plans. The following documents and plans must be submitted:

      a.   copies of all resolutions of approved sketch, project, preliminary, and site plans upon which the plat is based;

      b.   copies of any covenants, restrictions, or joint-use and maintenance agreements that are in effect or may be recorded as part of the subdivision must be filed with the Board, together with any other supporting plans or documents required under this Chapter and Chapter 22A;

      c.   copies of approved final forest conservation plan or exemption letter; and

      d.   such other information required by the applicable resolutions of the Board as a condition of approval of the preliminary plan, project plan, sketch plan, or site plan or listed in the plat application form.

    2.   Preliminary plans using transferable development rights (TDRs). For a subdivision designated in sewer category 3 conditioned upon approval of a preliminary plan that uses TDRs, a new plat using less than the requisite number of TDRs must not be approved until the sewer category has been reconfirmed by the Council.

    3.   Submission of digital plat data. Digital plat data must be submitted in a format approved by the Director.

    4.   Plat for a cluster subdivision.

      a.   Any plat for a cluster subdivision must be accompanied by covenants, agreements, or other documents showing the ownership and method of maintenance and uses of areas that are declared to be open space for common use. Development, construction, or other rights in the open space areas must be limited to the indicated recreational or scenic uses only. Public access to these areas may be limited. Covenants or

agreements must be in perpetuity and must include necessary public utility easements.

      b.   Plats may be submitted in phases; however, density on any one plat must not exceed 115 percent of the allowed density of the area included on the plat.

      c.   Plats must contain a statement that the land shown on the plat lies within an approved cluster subdivision and resubdivision that would result in the creation of additional lots is not permitted after the property is platted.

      d.   Covenants or joint use and maintenance agreements affecting the common lands must be recorded simultaneously with the plat.

  F.   Application processing.

    1.   The applicant must submit a plat application to the Director. The Director must review the application for completeness within 5 days after receipt. An application is incomplete if any required element is missing. The assessment of completeness must not address the accuracy of any of the elements or the merits of the application. The Director has the authority to reject the plat application if it does not contain the required information. The rejection must be in writing and specify the deficiencies.

    2.   The applicant must resubmit a revised plat application within 10 days from the date of the written rejection, or the application will be automatically withdrawn.

**Section 8.2. Approval Procedure**

  A.   Referral of the plat application. After accepting a plat application, the Director must begin review and send a copy to each agency that has review authority for roads, utilities, or other public services that will serve the proposed subdivision, for the agency’s recommendation concerning the plat.

  B.   Review and recommendation. The Director and other reviewing agencies must submit final recommendation on the plat application within 90 days after the date the application is accepted.

  C.   Plat to comply with approved preliminary plan and site plan where required.

    1.   With the exception of a minor subdivision, as defined in this Chapter, no plat may be approved unless it complies with an approved preliminary plan; however, the Board may allow for minor modifications from the plan which, in its opinion, do not alter the intent of the previous approval.

    2.   In those situations where a site plan is required, the Board may refuse to approve a plat until a site plan is approved under Section 59-7.3.4. Changes made to the lot layout of an approved preliminary plan as part of a site plan approval may be included on the plat without the need for amendment of the preliminary plan.

  D.   Road and storm drain plans. Before submitting a final plat, the applicant must obtain approval from the appropriate agency for the following plans:

    1.   final grade and profile plan for roads and pedestrian paths, except where the grades of the roads have already been established; and

    2.   a storm drainage concept plan.

  E.   Final plat. The applicant must submit a final plat legibly printed in black ink on a permanent, reproducible medium acceptable to the Director that incorporates the recommendations of the reviewing agencies.

  F.   Planning Board to act within 30 days. The Board must act to approve or disapprove a final plat within 30 days after its submittal; otherwise, the plat will be deemed approved. The applicant may waive this requirement and consent to an extension. If the plat is disapproved, the reasons must be stated in the minutes of the Board and provided to the applicant.

  G.   Planning Board may hold hearing on any plat. The Board may, upon its own motion, hold a hearing before acting upon any plat, in accordance with the Board’s Rules of Procedure.

  H.   Planning Board may give conditional approval. In the case of a plat requiring additional supporting data, the Board may give conditional approval, requiring the applicant to provide the Board with the supporting data.

  I.   Signing. A plat must be signed by applicable County agencies with review authority before Planning Board Action on the plat, unless the Board specifically permits the signature to be added as a condition of its approval. The plat must be signed by the authorized officers of the Board after the Board acts to approve the plat or, in cases of conditional approval, when the conditions are satisfied.

**Section 8.3. Recording Procedure**

  A.   Processing of plats.

    1.   The Planning Department Staff must reproduce a sufficient number of copies of an original approved plat for applicable local agencies and the plat preparer.

    2.   The official seal of the land surveyor who prepared the plat must be impressed upon the original approved plat and reproductions.

  B.   Recordation. The reproductions required by the Clerk of the Circuit Court must be transmitted with the appropriate recording fee within 7 days following completion of processing for recordation in the land records. Once recorded, the original approved plat must be filed in the vault provided by the Commission and remain there, unless required by court order as an exhibit.

  C.   Indexing. The Clerk of the Circuit Court must record the plat and enter it in the general index of the land records. All plats filed and recorded must be indexed both in the name of the subdivision and in the name of the owners signing the plat.

  D.   Effect of filing. Plats, when filed and recorded under this Chapter, constitute a part of the land records of the County and have the same effect as properly recorded deeds.

**Section 8.4. Abandonment of Land Dedicated for Public Use**

  A.   Land dedicated to the County for public use. When a record plat contains land dedicated to the County for public use, the dedication must be in perpetuity and must not be altered or taken for private use. However, the person who originally filed the plat, any successor in interest, or the County may petition to abandon any land dedicated under this Section. Abandonment of all or part of the dedicated land may be authorized by:

    1.   the Council under Section 49-63, if the land has been in public use; or

    2.   the Board under Section 49-68, if the land has not been in public use.

  B.   Land dedicated to other public entity. Land dedicated to a public entity other than the County, including the Commission, may be abandoned according to procedures adopted by or applicable to that public entity.

### Article Iv. Administration

#### Division 50.9. Waivers From This Chapter

**Section 9.1. Authority of Planning Board**

  The Board may grant a waiver from a requirement of this Chapter after making the required findings.

**Section 9.2. Application**

  A request for a waiver must be submitted to the Board in writing, stating all facts supporting approval of a waiver.

**Section 9.3. Findings**

  A.   To grant a waiver, the Board must find that:

    1.   due to practical difficulty or unusual circumstances of a plan, the application of a specific requirement of the Chapter is not needed to ensure the public health, safety, and general welfare;

    2.   the intent of the requirement is still met; and

    3.   the waiver is:

      a.   the minimum necessary to provide relief from the requirements; and

      b.   consistent with the purposes and objectives of the General Plan.

**Section 9.4. Conditions**

  The Board may condition the waiver approval.

**Section 9.5. Procedure for Granting Waivers**

  A.   Referral for recommendations. The Director must send a copy of each waiver request to the applicable Development Review Committee agencies for investigation, report, and written recommendation before acting on the request. For waivers requested as part of a preliminary plan or pre-preliminary plan, those agencies must submit any report and recommendation on the waiver in the timeframes required for those plans. For separate waiver requests, final recommendation must be provided to the Director within 30 days after receiving the request, or the recommendation must be treated as favorable.

  B.   The Director must publish a report and recommendation at least 10 days before the scheduled Board hearing. A waiver request filed under this Section may be used as grounds for a request to extend the time requirements in Sections 4.2 and 8.2.

  C.   Resolution. The Board must make its decision by resolution.

  D.   Non-waiver of other ordinances. When granting a waiver, the Board must not change any other requirement of law.

#### Division 50.10. Administrative Procedures

**Section 10.1. Regulations**

  The Board may adopt regulations and necessary procedures under Chapter 2A, Section 15, Method (2) to administer this Chapter.

**Section 10.2. Bonding and Surety**

  A.   Guarantee of completion of improvements before recording final plat.

    1.   Before plat recordation, the subdivider must demonstrate to the Board or the Director that the subdivider has obtained the necessary permits and bonds or provided other surety that ensures completion of all required public and private improvements on the land covered by the plat being recorded.

    2.   As an alternative to the requirements of Subsection 10.2.A.1, if approved by the applicable public agency, a public improvement agreement may be executed between the applicant and the agency to ensure completion of public improvements.

    3.   When the subdivider or developer is required by regulations of the WSSC to record a final plat dedicating public roads in excess of a current building phase to obtain installation of water and sewer to the site, surety as required by the Road Design and Construction Code for road improvements for such excess platting may be delayed under the approved timing sequence of the proposed development approved by the applicable County agency.

**Section 10.3. Establishment of Adequate Public Facilities Guidelines**

  A.   The Council must establish by resolution, after public hearing, the process to determine the adequacy of public facilities and services. A Growth and Infrastructure Policy approved by the Council may serve this purpose if it contains those guidelines. To provide the basis for the Council resolution, the Board and the County Executive must provide the following information and recommendations to the Council:

    1.   the Board must provide analyses of current growth and the amount of additional growth that can be accommodated by public facilities and services. The Board must also provide recommendations of any changes in preliminary plan approval criteria it deems appropriate; and

    2.   the County Executive must provide comments on the Board’s analyses and recommendations and recommend criteria to determine the adequacy of public facilities.

**Section 10.4. Establishment of a Development Review Committee**

  The Board must establish a review committee consisting of Planning Department Staff and staff of any County, State, and Federal agency; municipality; and utility companies to which a plan has been referred. The committee must meet with applicants and other interested persons to facilitate agency review of the plan, and may reconcile conflicting requirements by different agencies. Each reviewing agency must designate a representative to the committee. For the purpose of plan review, the head of any participating County agency must delegate authority to a representative to speak for the agency.

**Section 10.5. Establishment of Fees**

  The Board must approve by resolution the fees necessary to cover the cost of administering this Chapter.

**Section 10.6. Enforcement of Chapter**

  A.   Notice of violation.

    1.   The Director may issue a notice of violation to a person whom the Director believes committed a violation of a Planning Board Action or this Chapter. A notice of violation issued under this Subsection must be served on the alleged violator personally, on the alleged violator’s agent at the site of the alleged violation, or by certified mail to the alleged violator’s last known address.

    2.   The notice of violation must contain at least the following information:

      a.   the name of the person charged;

      b.   the nature of the violation;

      c.   the place where and the approximate date when the violation occurred; and

      d.   a statement advising the alleged violator of the corrective or remedial action that must be taken and the date by which the corrective or remedial action must be completed. The corrective or remedial action may include a meeting with Planning Department Staff to establish a compliance plan.

  B.   Administrative citation.

    1.   The Director may deliver an administrative citation to a person whom the Director believes committed a violation of a Planning Board Action, Director Action, or this Chapter. The Director must attest to the truth of the facts and allegations in the administrative citation. An administrative citation issued under this Subsection must be served on the alleged violator personally, on the alleged violator’s agent at the site of the alleged violation, or by certified mail to the alleged violator’s last known address.

    2.   The administrative citation must contain at least the following information:

      a.   the name and address of the person charged;

      b.   the nature of the violation;

      c.   the place where and the approximate date when the violation occurred;

      d.   the amount of fine assessed;

      e.   where, when, and to whom the fine may be paid; and

      f.   a statement advising the violator of the right to a hearing before the Board or its designee.

  C.   Notice of hearing.

    1.   The Director may issue a notice of hearing to a person whom the Director believes committed a violation of a Planning Board Action, Director Action, or this Chapter. The notice of hearing must be served on the alleged violator personally, on the alleged violator’s agent at the site of the alleged violation, or by certified mail to the alleged violator’s last known address.

    2.   The notice of hearing must contain at least the following information:

      a.   the name of the person charged;

      b.   the nature of the violation;

      c.   the place where and the approximate date when the violation occurred; and

      d.   a statement advising the alleged violator of the date, time, and location of the hearing before the Board or its designee.

  D.   Civil fine and penalty.

    1.   A citation may require the recipient to pay a civil fine for a violation of a Planning Board Action or Director Action.

    2.   The fine for each violation of a Planning Board Action or Director Action is the maximum allowed by the Land Use Article §23-505 of the Maryland Code for each day that the violation continues.

    3.   Each day that a violation has not been corrected is a separate violation, and the applicable fine may continue to accrue each day until the violation is corrected without issuing a new citation each day.

    4.   In addition to any other remedy under this Article, a person who violates this Chapter, a Planning Board Action, any applicable regulation or any associated

agreement or restriction may be subject to an administrative civil penalty. The administrative civil penalty must not exceed 150 percent of the estimated cost to bring the violation into compliance.

    5.   In setting the amount of the administrative civil penalty, the Board or its designee must consider:

      a.   the willfulness of the violation;

      b.   the degree of deviation from the approved Planning Board Action or Director Action;

      c.   the cost of any needed corrective action or restoration;

      d.   any adverse impact on the immediate neighborhood and the larger community;

      e.   the extent to which the subject violation is part of a recurrent pattern of the same or similar violations committed by the violator;

      f.   any economic benefit that accrued to the violator or any other person as a result of the violation;

      g.   the degree of cooperation shown, or voluntary mitigation measures taken, by the violator;

      h.   the extent to which any other person contributed to the violation;

      i.   the impact, if any, on the violator’s ability to perform corrective actions because of a change in ownership of the property; and

      j.   any other relevant factor.

    6.   The Board, after a public hearing on the violation, must adopt a resolution specifying the amount of any administrative civil penalty and the Board’s reason for imposing the penalty.

  E.   Nonpayment of fine.

    1.   If a person who receives an administrative citation does not pay the fine by the administrative citation’s due date or file a request for hearing, a notice must be sent to the person’s last known address. If the administrative citation is not satisfied within 15 days after the notice is issued, the recipient is liable for an

additional fine, as specified in the notice. The additional fine must be less than twice the original fine.

    2.   If the fine due is not paid within 35 days from the date the notice is issued, the Board may schedule and hold a hearing.

  F.   Hearing.

    1.   A person who receives a citation imposing a civil fine may elect a hearing before the Board or its designee by filing a written request for hearing with the Director. The request for a hearing must be received by the Director within 15 days after the administrative citation was issued. The filing of a request for a hearing does not stay an administrative order to stop work, stabilize a site, or stop a violation.

    2.   If the Director receives a request to hold a hearing under this Article, the Director must promptly schedule a hearing, unless the requestor consents to a delay, and must issue a notice of hearing.

    3.   The Board may assign a hearing officer, including a Hearing Examiner from the Office of Zoning and Administrative Hearings, to conduct a public hearing and submit a report and recommendation on any alleged violation of this Chapter or a Planning Board Action or Director Action. The hearing officer must submit the required report and recommendation to the Board not later than 30 days after the hearing record closes. The hearing officer may extend the time to file the report by notifying all parties.

    4.   After holding the hearing, the Board may impose any civil fine or administrative civil penalty authorized by this Section, and also may:

      a.   suspend or revoke the plan that is the subject of a Planning Board Action;

      b.   approve a compliance program that lists each remedial action that must be taken;

      c.   require the violator to post a bond or other surety to guarantee completion of a compliance program;

      d.   allow the violator to propose modifications to the plan; or

      e.   take any combination of these actions.

    5.   All fines, penalties, or forfeitures collected under this Section must be remitted to the Board and placed in the general funds.

    6.   The Board may spend funds from fines and penalties for project corrections, plan enforcement or, subject to Council appropriations, other Board purposes. The Board, in its sole discretion, may spend collected fines or penalties to perform or correct some or all violations noted in an administrative citation without obligating the Board, instead of the person responsible, to correct any violation.

  G.   Enforcement rules; conduct of hearing.

    1.   The Board must:

      a.   adopt regulations to administer and enforce this Section as a method (2) regulation, subject to Council review under Chapter 2A, Section 15; and

      b.   conduct any proceeding under this Section as provided in those regulations.

  H.   Stop work order.

    1.   The enforcement agent may issue a stop work order if the enforcement agent reasonably finds that:

      a.   a person is violating any element of a Planning Board Action; and

      b.   the violation threatens or may threaten the public health, safety, or welfare.

    2.   A stop work order must include the following information as applicable:

      a.   the name and address of the person charged;

      b.   the nature of the violation;

      c.   the place where and the approximate date when the violation occurred; and

      d.   a clear statement of the action that must be taken or discontinued to cure the violation, including any requirement to prepare a plan of compliance.

    3.   The enforcement agent must attest to the truth of the facts and allegations in the order.

    4.   The enforcement agent must prominently display the order near where the violation has occurred. In addition, the enforcement agent may deliver or mail a copy of the order to the last known address of the person who secured approval of the Planning Board Action.

    5.   When a stop work order is posted, the recipient must immediately discontinue any further work activities until the order is rescinded. A stop work order suspends the Board approval of the entire underlying plan, unless:

      a.   the Board approves phasing of the project; and

      b.   the enforcement agent finds that the violation involves only:

        i.   one or more phases of a project, but not other phases of the same project; or

        ii.   activities on a single lot or parcel.

In these instances, the order may only suspend the Board’s approval as it relates to those phases or lots where the violation exists.

    6.   The recipient of a stop work order may request a hearing to contest the validity of the order. If the enforcement agent finds that a hearing before the Board is not practical in a reasonable time, the Chair or Vice-Chair of the Board may review the order. A determination by the Chair or Vice-Chair has the same effect as if the Board reviewed the order. The Board or Chair, if applicable, must review the order de novo. If the violation is corrected and a plan of compliance prepared by the recipient of the order before the hearing is confirmed by the enforcement agent, the hearing must be cancelled.

    7.   At the Board hearing, the enforcement agent must justify to the Board the grounds and reasoning for issuing the order. The recipient must explain why the order should be discontinued and may propose a plan of compliance indicating how and when the violations will be corrected. The Board must decide if the order should be continued, modified, or rescinded, and if a plan of compliance should be approved. The Board’s decision that a stop work order must continue suspends any underlying Board approvals for the entire project or any part of the project as the Board specifies until the violation is corrected.

    8.   A Board decision to continue or modify an order may be the subject of a petition for judicial review to the Circuit Court under the rules for the review of administrative agency actions.

    9.   A stop work order must be rescinded when the Board or the enforcement agent finds that all violations specified in the order have been satisfactorily corrected, which determination must not be unreasonably withheld, or the Board approves a compliance plan that addresses any uncorrected violation.

  I.   Other remedies. The authority in this Section to impose civil fines, administrative civil penalties, and stop work orders is in addition to any other authority of the Board to enforce its actions, including seeking injunctive, declaratory, or other relief. The decision to pursue one remedy does not preclude the Board from pursuing any other available remedy.

  J.   Authority of the Office of the General Counsel. The General Counsel of the Maryland- National Capital Park and Planning Commission may prosecute and take any other necessary legal action regarding any violation under this Section.

  K.   Exclusive authority. The Board or its designee has exclusive authority to enforce violations of a Planning Board Action or Director Action and any violations of this Chapter. The authority granted in this Chapter supersedes any other authority to enforce a Planning Board Action or Director Action granted to any other County or State agency.

**Section 10.7. Amendment of Chapter**

  A.   Procedures. The procedures for amending Chapter 50 must satisfy Section 23-104 of the Land Use Article, Maryland Code, and the Council Rules of Procedure.

  B.   Hearing. A public hearing under the Council Rules of Procedure is required.

  C.   Expiration. Any subdivision regulation introduced to amend this Chapter expires 18 months after its introduction if it is not approved.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 51. Swimming Pools.

**Sec. 51-1. Definitions.**

  In this Chapter, the following words have the following meanings:

  Approving authority means the Director of the Department of Health and Human Services or the Director's designee.

  Automated external defibrillator means a portable electronic device that provides an electric shock to the heart in order to reestablish normal contraction rhythms in a heart having dangerous arrhythmia or that is in cardiac arrest.

  Automatic pool cover means a mechanical device that completely covers the swimming pool surface automatically when activated, and meets the requirements of a power safety cover established by the American Society for Testing and Materials.

  Health club means any licensed and registered corporation or business which offers or provides to the public, on a paid membership basis, services, facilities, instruction, training, or assistance in body building, weight loss, exercising, muscle toning, aerobics, or any other similar physical activity.

  Hotel has the same meaning as in Code § 54-1.

  Lifeguard means a person who:

    (a)   is at least 15 years old; and

    (b)   has a valid lifeguard certificate from the American Red Cross, the Young Men's Christian Association, or a comparable program approved by the Director of the Department of Health and Human Services.

  Owner means any person, cooperative, association, partnership, firm, corporation, public agency, or authorized agent of any of them, excluding a pool management company, under whose authority a swimming pool or private spa is being constructed, remodeled, reconstructed, or operated. For the purposes of serving notices of violation of this chapter, the person present at the swimming pool or private spa and charged with its operation is an agent of the owner.

  Pool management company means any person, cooperative, association, partnership, firm, or corporation, excluding a pool operator, who is responsible by contract or other agreement with the owner of a public swimming pool for the operation of the public swimming pool, including:

    (a)   assuring compliance with all operating standards in this Chapter and all applicable regulations;

    (b)   providing for the physical maintenance, supplies, and personnel as required by this Chapter and all applicable regulations; and

    (c)   obtaining all necessary permits and licenses.

  Pool operator means any person in possession of a valid county pool operator's license who is in the immediate control of the operation of a public swimming pool.

  Private spa means any outdoor bathing structure that is:

    (a)   a self-contained unit in which all control, water heating, and water circulating equipment is an integral part of the unit;

    (b)   built on the grounds of a single-family private residence;

    (c)   used solely by the owner, immediate family, tenants, and guests; and

    (d)   not used for swimming, diving, or wading.

  Private swimming pool means any swimming pool that is:

    (a)   built  on the grounds of a single-family private residence; and

    (b)   used  solely by the owner, immediate family, tenants, and guests.

  Public spa means any public swimming pool that is:

    (a)   intended for public recreational and therapeutic uses other than swimming, diving, or wading; and

    (b)   is not drained, cleaned, or refilled for each user.

  Public swimming pool means a swimming pool, except a private swimming pool, which is intended to be used collectively by numbers of persons for swimming, diving, wading, or recreational bathing.

  Spa guard means an individual currently certified in cardiopulmonary resuscitation (CPR).

  Swimming pool means any artificial structure, basin, chamber, or tank, except a private spa, either above or below ground, which is used or intended to be used for the primary purpose of swimming, diving, wading, or recreational bathing. Swimming pool includes all appurtenant equipment, structures, and facilities located within a common enclosure. A unit used in conjunction with the private practice of a physician or physical therapist is not a swimming pool.

**Sec. 51-2. Authority to regulate fish ponds and swimming pools.**

  The council is hereby authorized by resolution or ordinance to provide for the construction, location, maintenance and regulation of fish ponds and swimming pools; and such resolution or ordinance may require permits for the construction, location or maintenance of fish ponds and swimming pools and may require such safeguards as the council may deem necessary for the protection of the public. Any person violating any lawful resolution or ordinance adopted or passed under the authority of this section shall be subject to punishment for a class C violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 51-3. Scope of chapter.**

  (a)   All physical standards required by this chapter shall apply to all public swimming pools constructed after the effective date of this chapter. The physical standards shall apply to all public swimming pools in existence prior to the effective date and to all private swimming pools proposed for conversion to a public swimming pool where:

    (1)   Any physical condition exists that would prevent the achievement of prescribed operating standards.

    (2)   Any physical condition exists which would endanger the health, safety or life of any person within the pool or immediately adjacent thereto.

    (3)   Alteration, addition or replacement of any equipment or appurtenances is made.

  (b)   Except as otherwise herein provided, the physical standards of this chapter shall not apply to private swimming pools. Such pools, however, must comply with the appropriate requirements of the respective building, plumbing and electrical codes of Montgomery County.

  (c)   All of the operational standards and personnel requirements of this chapter shall apply to all public swimming pools, regardless of the date of construction.

  (d)   All private swimming pools shall comply with the requirements for fencing, the safety standards under section 51-10(a), disposal of waste water and site location of the pool with respect to wells and sewage disposal systems.

  (e)   Where the requirements of this chapter are more specific or stringent than the requirements of the state department of health and mental hygiene regulations governing public swimming pools and bathing beaches, the requirements of this chapter shall take precedence.

  (f)   Where this chapter is silent, the provisions of the state department of health and mental hygiene shall govern and apply.

**Sec. 51-4. Duties and responsibilities under chapter.**

  (a)   The owner shall be responsible for submitting plans to and obtaining the necessary building permit from the approving authority to construct a public swimming pool and for providing the physical maintenance, supplies and personnel required for such pool.

  (b)   The owner and appropriate contractor shall be jointly and severally responsible for:

    (1)   Having an approved plan before any work is commenced on the construction of the swimming pool, any addition, remodeling or other improvement thereto;

    (2)   Following the requirements of the physical standards of this chapter, the approved plan and specifications and the terms of the building permit;

    (3)   Having such public swimming pool inspected as required in subsection (b) of section 51-6.

  (c)   The owner, pool operator and pool management company, where appropriate, shall be jointly and severally responsible for determining that a valid operating permit has been issued for a public swimming pool prior to commencing of operation, for following the operating standards as hereinafter set forth in the chapter and for keeping such records as may be required.

  (d)   The owner, pool operator and pool management company, where appropriate, shall jointly and severally be responsible for obtaining the necessary operating permits and for responding to emergency closing orders.

  (e)   The approving authority shall be responsible for reviewing the plans as may be required and issuing of permits, and for inspecting public swimming pools.

  (f)   Any person using a public swimming pool shall be responsible for following such safety rules as may be promulgated for the operation thereof. The pool operator is authorized to deny the use of the premises to any person violating the established safety rules.

**Sec. 51-5. Permits-Public swimming pools.**

  No person shall begin construction or substantial alteration of a public swimming pool until plans and specifications therefor have been approved by the approving authority; nor shall any person convert a private swimming pool to a public swimming pool without having the written approval of the approving authority.

  (a)   Before work is commenced on any construction, addition, remodeling or other improvement thereto, an application for permit to construct, the plans, specifications and pertinent explanatory data required shall be submitted to the approving authority in such manner and containing such information as the approving authority may require from time to time.

  (b)   The approving authority shall review the plans and specifications for compliance with physical standards of this chapter and shall either approve or disapprove them on that basis within thirty (30) days from the date of receipt of such plans and specifications. In the event that incomplete submissions of plans, specifications or information required to determine such compliance is made, the approving authority shall notify the applicant accordingly and the thirty-day period shall be deemed to commence from the date of receipt of the additional information.

  (c)   The approving authority shall not issue any building permit for a public swimming pool until the plans and specifications for such pool have been approved.

  (d)   The approval of plans and specifications by the approving authority may be either in the form of a suitable endorsement upon such plans and specifications or by a separate written document to that effect. In either case, the approval shall expire one hundred eighty (180) days from the date of issuance unless the pool is under construction and concurrently with the expiration of the building permit.

  (e)   All public swimming pools shall be constructed in accordance with the physical standards of this chapter and the approved plans and specifications. No change shall be made after the approval of plans without the written consent of the approving authority.

  (f)   No person shall operate or maintain a public swimming pool until a current and valid operating permit shall have been issued by the approving authority. The approving authority may issue such temporary operating permits as it may determine to be proper from time to time.

  (g)   An application for an annual operating permit, accompanied by the fee as hereinafter set, shall be submitted to the approving authority prior to the initial opening of the pool and upon each renewal thereafter at least thirty (30) days prior to the expiration of the permit.

  (h)   An operating permit shall be issued by the approving authority upon a satisfactory finding that the swimming pool meets the requirements of this chapter. A permit shall remain in effect until April 30 of the year following issuance unless it has been revoked or suspended. When a valid application for permit renewal has been properly filed and the existing permit has not been suspended, revoked or denied by the approving authority, the existing permit shall continue in effect for not more than one hundred eighty (180) days from the date of expiration pending formal action by the approving authority on the renewal request.

  (i)   The operating permit may be revoked for repeated or continuing violations of the requirements of this chapter; provided, that the approving authority has given the owner notice in writing of the violations and opportunity for hearing before the approving authority to show cause why the revocation of the permit should not occur. Request for hearing, however, shall not entitle the owner or operator to continue operation of the swimming pool if the approving authority finds any conditions present as set forth in paragraph (j) or that the safety of the users of the pool requires it to be closed.

  (j)   Operating permits for a public swimming pool may be summarily suspended and the pool ordered closed by the approving authority upon a finding of any of the following conditions:

    (1)   The pool is being operated without adequate or responsible supervision.

    (2)   The turbidity of the water in the pool visually obscures the view of the main drain or the bottom of the pool when filled to its usual capacity.

    (3)   The level of the disinfectant in the pool is less or greater than specified in the manual on public swimming pool operations for adequate disinfections.

    (4)   The filtered water is not being delivered to the swimming pool for a period exceeding one (1) hour during the use of the pool.

    (5)   The bath house is not usable.

    (6)   The automatic disinfectant feeder has been inoperative in excess of twenty-four (24) hours.

**Sec. 51-5A. Permits-Private swimming pools.**

  An owner must not begin construction or substantial alteration of a private swimming pool without a building permit. The Department of Permitting Services must not issue a building permit for a private swimming pool until the owner has applied for a building permit for the fence or wall required to enclose the pool under Section 51-15.

**Sec. 51-6. Inspections.**

  (a)   Public swimming pools.

    (1)   The approving authority must inspect, from time to time during reasonable hours, any part of a public swimming pool for the purposes of determining compliance with the provisions of this chapter. A person must not obstruct or deny access to a properly authorized representative of the approving authority.

    (2)   Before any piping and equipment is permanently concealed, a person constructing a public swimming pool must obtain an inspection by the approving authority.

    (3)   A newly constructed public swimming pool is not eligible for an operating permit until a final inspection has been made by the approving authority.

  (b)   Private swimming pools.

    (1)   When the Department of Permitting Services receives a complaint that a private swimming pool is in violation of this Chapter, the Department must inspect, during reasonable hours, the private swimming pool to determine compliance with this Chapter.

    (2)   An owner who constructs or substantially alters a private swimming pool must obtain all inspections required by the Department of Permitting Services.

    (3)   Within 5 days after a pool is completed, an owner must request a final inspection of the pool by the Department of Permitting Services if the Department issued the building permit for the pool. The Department must not certify that a private swimming pool passes final inspection unless the owner has complied with this Chapter. A private swimming pool must not be filled until it has passed final inspection.

**Sec. 51-7. Physical standards for public swimming pools.**

  The following basic principles shall govern location, construction or reconstruction of all public swimming pools. They shall be used to interpret and promulgate regulations and to serve as the basis for the issuance of construction permits under section 51-5.

  (a)   Location. Public swimming pools shall be located so as to:

    (1)   Prevent and minimize the possibility of water contamination in the swimming pool from external sources occurring through:

      a.   Low-lying pool elevations in areas subject to periodic flooding,

      b.   Location of a pool in the path of uncontrolled surface water movement, or

      c.   Leakage into the pool from sources of contamination located overhead;

    (2)   Permit ready access to the pool for emergencies; and

    (3)   Ensure that utilities are available, or can be installed.

  (b)   Construction generally. All public swimming pools shall be constructed:

    (1)   To prevent or reduce the possibility of water contamination occurring through:

      a.   Entrance of surface water,

      b.   Back flow or back siphonage, or

      c.   Transport of foreign matter by bathers or spectators;

    (2)   To provide water of drinking quality to the pool and at all taps accessible to the bathers;

    (3)   To provide a continuous replenishment of clear, clean water to the pool of such chemical composition as to control the growth and spread of organisms and to minimize deleterious effects on the bathers and at such rates of delivery as the use of pool requires;

    (4)   To ensure reasonable expectations of the pool operating properly;

    (5)   To ensure a reasonable degree of mechanical strength and permanence of materials;

    (6)   To ensure that repairs and maintenance of the pool and its appurtenances can be made and that the pool can be kept clean;

    (7)   To prevent exposure of bathers, operating personnel and of outside persons to accidental hazards, and to permit the taking of such corrective measures when necessary should an accident occur;

    (8)   To provide for the personal hygiene of the bathers; and

    (9)   To facilitate the protection of bathers and operating personnel in the use of the pool.

  (c)   Manual for public swimming pool construction. The permittee shall comply with material, method, and location specifications as set out by the manual on public swimming pool construction issued by the county executive.

The approving authority may permit the use of new materials, equipment, designs and methods of a type which do not conform with the requirements of the manual; provided, that they are not prohibited by this chapter or other applicable laws. The approving authority shall require proof of recognized authority that the new materials, equipment, designs and methods are safe, constitute compliance with this section and that their performance and quality are equal to or superior to those of the materials, equipment and designs or methods required in the manual.

**Sec. 51-7A. Physical access to public swimming pools.**

  (a)   Outdoor public swimming pools owned or operated by Montgomery County and all indoor public swimming pools, except public spas, shall be made accessible to persons with mobility impairment not later than January 1, 1986.

  (b)    "Accessible" includes access to the pool's edge and a means to enter and exit the water.

  (c)   The approving authority shall develop in conjunction with each pool owner a plan of compliance specifying the levels of impairment to be accommodated, the equipment to be provided, and a schedule for completion. The approving authority may waive this requirement on a determination of unreasonable hardship, as where access to the pool's edge would involve major structural changes to elevators, stairwells, or hallways, or where the restricted size of the deck or pool makes access unfeasible, or where use by persons with mobility impairment is, as a practical matter, unforeseeable.

  (d)   The pool owner is responsible for maintaining any equipment necessary to provide accessibility but is not required to provide personnel to operate the equipment.

**Sec. 51-8. Operating standards for public swimming pools.**

  The following basic principles shall govern the operation of public swimming pools and shall be used to interpret, promulgate regulations and to serve as the basis of issuance and renewal of operating permits under section 51-5.

  (a)   Operation generally. Public swimming pools shall be operated:

    (1)   To maintain clarity, cleanliness and chemical composition of the water in the pool at all times it is in use in a manner which will prevent the growth and spread of organisms, minimize deleterious effects on the bathers and permit the visual observation and surveillance of bathers at the deepest point of the pool.

    (2)   To provide such equipment and trained personnel as will:

      a.   Permit taking a required emergency action,

      b.   Permit regulation and control of the use of the pool, and

      c.   Assure proper operation of the pool, its equipment and associated facilities;

    (3)   To eliminate hazards to the health and safety of bathers and occupations due to:

      a.   Unsafe conditions, and

      b.   Unsafe practices;

    (4)   To maintain the cleanliness of decks, surfaces, bath houses and other associated facilities;

    (5)   To assure performance of equipment and fixtures in the manner for which they were intended;

    (6)   To provide for the personal hygiene of the bathers.

  (b)   Manual on public swimming pool operations. All permittees and licensees shall comply with the requirements for public swimming pool operation as set forth in this chapter and as set forth in the manual on public swimming pool operations as such manual may be issued by executive regulations by the county executive. The manual on public swimming pool operations shall incorporate an inspection form which shall constitute notice of violation as set forth herein when served on the owner, pool management company, pool operator or agent thereof.

**Sec. 51-9. License for swimming pool operators.**

  (a)   Every public swimming pool must be in the immediate control of a pool operator.

  (b)   A person may act as both lifeguard and pool operator if acting as both does not adversely affect safety and operational standards.

  (c)   The approving authority must issue a swimming pool operator's license if the applicant:

    (1)   is at least 17 years old;

    (2)   has at least 2 seasons' experience as a lifeguard or operator, or has one season's experience and has successfully completed a training course approved by the approving authority; and

    (3)   passes an examination given by the approving authority or has an operator's license issued by Montgomery County for the previous operating season.

  (d)   Reserved.

  (e)   A swimming pool operator's license is valid for 3 years after the date of issuance, unless revoked by the approving authority. The approving authority may issue a swimming pool operator's license which is valid for less than three years if the applicant requests a license for a shorter period. When an applicant has filed a valid application for license renewal and the applicant's current license has not been suspended or revoked by the approving authority, the current license remains valid for not more than 180 days after its expiration date until the approving authority acts on the renewal request.

  (f)   A swimming pool operator's license may be suspended or revoked if the licensee:

  (a)   has repeated or continuing violations of this Chapter; or

  (b)   obtains the license by fraud.

  The approving authority must give the licensee notice in writing of the violations and an opportunity for a hearing before the approving authority before the license is suspended or revoked.

**Sec. 51-9A. Registration for pool management companies.**

  (a)   It shall be unlawful for any pool management company to operate in the County unless such pool management company shall have registered with the approving authority for each pool it operates. Application for such registration shall be made to the approving authority on forms provided by the approving authority and accompanied by a registration fee as hereinafter provided.

  (b)   The approving authority must maintain a registry of each pool in the County operated by a pool management company. The registry must contain the name of the pool, the pool management company responsible for that pool, and the name of the individuals to be contacted as responsible for the specific pool as representatives of the pool management company. The pool management company must notify the approving authority within 48 hours of any changes in responsible personnel.

  (c)   Registration of a pool management company to operate a pool shall be valid for the period for which application is made, but not to exceed one (1) year from the date of issuance or until such registration shall be suspended or revoked. When a valid application for registration renewal has been properly filed and the existing registration has not been suspended, revoked or denied by the approving authority, the existing registration shall continue in effect for not more than one hundred eighty (180) days from the expiration date pending formal action by the approving authority on the renewal request.

  (d)   Registration of a pool management company for a pool it operates may be suspended or revoked for violations of subsections (j)(1) through (j)(6) of Section 51-5 during the operating season resulting in three (3) summary closures of the pool or pools under contract of the management company. The action to revoke or suspend shall be upon a finding by the approving authority that the pool management company was responsible for the condition resulting in summary closures of the pool unhindered by contractual arrangements with the pool owner; provided, that the approving authority has given the pool management company or agent thereof notice in writing of the violations and opportunity for hearing before the approving authority to show cause why the suspension or revocation of the registration should not occur.

  (e)   Within a thirty-day period following the show cause hearing, the approving authority shall issue an order suspending, revoking or validating the registration, stating the reasons therefor.

  (f)   The County Executive shall establish administrative procedures and guidelines for the implementation of this registry to be incorporated in the manual on public swimming pool operation issued pursuant to subsection (b) of Section 51-8 of this Chapter.

**Sec. 51-10. Safety standards; lifeguards, spa guards and exemptions.**

  (a)   Safety equipment. All private and public swimming pools must be equipped with:

    (1)   life-saving and emergency equipment to pull a person from the pool without entering the water; and

    (2)   a working telephone.

  (b)   Lifeguards.

  (1)   Except for public spas, health clubs, and hotels, as provided in paragraph (c), (d), and (e), every public swimming pool must have at least one lifeguard with a valid infant/child/adult cardiopulmonary resuscitation (CPR) certificate from the American Red Cross, the American Heart Association, the National Safety Council, or a comparable program approved by the state Department of Health and Mental Hygiene, present when the pool is open for use.

    (2)   Whenever any person is in the water, a lifeguard must:

      (A)   be on the deck and observing the pool; and

      (B)   not leave the deck for any reason unless all persons are out of the water.

    (3)   The approving authority may require additional lifeguards to be on the deck at any public swimming pool if the approving authority finds that the pool is inadequately guarded because of the:

      (A)   number of persons using the pool;

      (B)   shape, dimensions, or layout of the pool;

      (C)   existence of obstructions to vision; or

      (D)   capabilities of the persons using the pool.

  (c)   Public spas. A public spa must have at least one spa guard present when the spa is open for use. The spa guard must be available immediately to help in an emergency.

  (d)   Health club. A swimming pool located on the grounds of a health club is not subject to paragraph (b) of this section, if it:

    (1)   has a water surface area less than or equal to 2,500 square feet 32 maximum depth of five feet;

    (2)   is used only for members or guests who are at least 16 years of age;

    (3)   includes posted safety, health, and warning signs, as required under subsection (f), translated in Spanish, French, Chinese, Korean, and other languages, as determined necessary by the Approving authority; and

    (4)   the owner complies with subsection (f) of this subtitle and all other provisions under Code of Maryland Regulations (COMAR) 10.17.01, Public Swimming Pools and Spas.

  (e)   Health club contracts – Disclosure Statement Required.

    (1)   A health club not subject to paragraph (b) of this section, must provide:

      (A)   a contract for health club services, at the initial point of sale, that includes a disclosure statement, signed and dated by the member, that indicates the facility will not have a lifeguard on duty while the swimming pool is in use.

  (f)   Hotels. Except for on Saturday and Sunday between 11:00 a.m. and 7:00 p.m., paragraph (b) does not apply to a pool that has a water surface area less than 2,500 square feet located on the grounds of a hotel for the exclusive use of its registered guests if:

    (1)   the hotel is properly licensed under Chapter 54; and

    (2)   the owner complies with subsection (f) of this subtitle and all other provisions under Code of Maryland Regulations (COMAR) 10.17.01, Public Swimming Pools and Spas.

  (g)   Safety Signs Required; Emergency Alert System.

    (1)   An owner of a public spa, health club, or hotel must post warning signs that meet the following:

      (A)   the size, color, design, application, symbol, and visual layout of a safety sign is in compliance with the ANSI Z-535 series of standards for Safety Signs and Colors as referenced in American National Standard for Public Spas;

      (B)   a safety sign is posted in a permanent location adjacent to a health club or hotel in compliance with the American National Standard for Public Spas;

      (C)   the safety sign includes the user load of the pool;

      (D)   a chemical warning sign is posted at the entrance door to a chemical storage area and includes the text “Caution! Chemical Storage Area”;

      (E)   a chemical vat, feeder, pump, and line is labeled to identify the chemical in use;

      (F)   a chlorine gas warning sign reading “Danger—Chlorine Gas” is posted at the entrance to a chlorine gas feed room and storage area;

      (G)   other warning, health advisory, and safety signs are posted, as required by Executive Regulation, if necessary to protect the public health and safety; and

      (H)   a pool that does not have a lifeguard on duty has a conspicuous sign posted adjacent to entrances to the pool reading “Warning: No lifeguard on duty. SWIM AT YOUR OWN RISK. Children under the age of 16 are not permitted to use the pool without adult supervision”; and

    (2)   the pool area has a functional and visible emergency alert system approved by the Director of the Department of Health and Human Services that:

      (A)   connects directly to 9-1-1; and

      (B)   notifies an employee of the health club or hotel when activated; and

    (3)   the health club or hotel has an employee with a valid infant/child/adult cardiopulmonary resuscitation (CPR) certificate from the American Red Cross, the American Heart Association, the National Safety Council, or a comparable program approved by the state Department of Health and Mental Hygiene, on the premises of the health club or hotel when the pool is open for use and no lifeguard is on duty; and

    (4)   the owner of the health club must have an employee who regularly inspects the swimming pool area to ensure the well-being and safety of its members and guests.

**Sec. 51-11. Fees.**

  The fee for obtaining any license, permit or registration as provided in this chapter shall be such amount as the county executive, by regulation adopted under method (3) of section 2A-15 of this Code, may set from time to time. No separate pool operating permit shall be required for a wading or spray pool. A separate fee, in such amount as the executive may set by regulation adopted under method (3) of section 2A-15 of this Code, from time to time, will be charged for administration of the examination to applicants for a pool operator's license as provided in this chapter. Fees shall not exceed the reasonable costs of administering and enforcing this chapter. There shall be no operating permit fee charged for any pool operated by the county.

**Sec. 51-12. Regulations.**

  (a)   The county executive is authorized and designated to prescribe and issue written regulations, adopted under method (2) of section 2A-15 of this Code, for the implementation and operation of public swimming pools and public swimming pool construction as may be necessary from time to time to implement the provisions of this chapter.

  (b)   Each person selling, constructing or installing a swimming pool in Montgomery County shall provide the purchaser or owner with a current copy of this chapter.

**Sec. 51-13. Appeals from revocation or suspension of license, permit or registration.**

  A decision of the approving authority revoking or suspending a permit, license or registration may be appealed to the county board of appeals within ten (10) days from the receipt of the decision.

**Sec. 51-14. Safety covers for private spas.**

  A private spa must be:

  (a)   equipped with a safety cover that:

    (1)   meets the requirements established by the American Society for Testing and Materials; or

    (2)   is found by the County Executive to meet an equivalent standard; and

  (b)   covered with the safety cover whenever the spa is not attended.

**Sec. 51-15. Enclosure of swimming pool.**

  (a)   During construction. A swimming pool over 18 inches deep, or the property on which the pool is constructed, must be enclosed by a temporary or permanent fence or wall while the swimming pool is under construction. The fence or wall must be at least 42 inches high and must be of a type which will warn of potential danger.

  (b)   Permanent enclosure.

    (1)   Private Swimming Pool. An outdoor swimming pool over 18 inches deep must be:

      (A)   completely enclosed by an approved fence or wall; or

      (B)   the property on which the pool is constructed must be completely enclosed by an approved fence or wall; and

        (i)   each door leading from the house to the pool must be equipped with an audible alarm; or

        (ii)   the pool must be equipped with an automatic pool cover.

    (2)   Public Swimming Pool. A public pool must be enclosed as required by the manual of public swimming pool construction.

  "Sections 51-15(b)(1) and 51-16 apply only to a pool for which the building permit application is submitted after the effective date of this law [July 13, 1990]. Any other private swimming pool must be:

  (a) enclosed by an approved 42 inch fence or wall, and any latch or lock must be no less than 3 feet from the ground; or

  (b) the pool must be equipped with an automatic pool cover in lieu of a fence, and the automatic pool cover must be closed whenever the pool is not attended."

**Sec. 51-16. Swimming pool fences, gates, and locks.**

  (a)   Fence requirements. The fence or wall enclosing a private swimming pool must be:

    (1)   at least 5 feet high;

    (2)   securely anchored in the ground;

    (3)   not easy to climb or penetrate; and

    (4)   maintained in good condition.

  (b)   Gates and locks. Any gate or door in a fence or wall enclosing a private swimming pool must have a self-closing and self-latching lock or latch on the pool side of the gate or door at a height of not less than 4 feet from the ground. Any gate or door must be closed and latched when the pool is not attended.

**Sec. 51-16A. Defibrillators.**

  (a)   Every public swimming pool must have available at all times when the pool is open at least one automated external defibrillator in good working order and at least one staff member who is trained in its use.

  (b)

    (1)

      (2)   This Section is not intended to impose any civil liability, or relieve any person from civil liability, regarding the presence or use of, or failure to use, any automated external defibrillator, except as expressly provided in paragraph (2).

    (2)   An owner or employee of a public swimming pool is not liable in connection with the use or nonuse of an automated external defibrillator, unless:

      (A)   the pool does not have an automated external defibrillator available as this Section requires; or

      (B)   an employee has acted with gross negligence or engaged in willful or wanton misconduct.

  (c)   Any violation of this Section is a class C civil violation.  The County Attorney or any affected person may file an action in a court with jurisdiction to enjoin repeated violations of this Section.

  (d)   The Department of Health and Human Services must inspect each pool to assure that the pool has an automated external defibrillator on site and that defibrillator is registered with the Maryland Institute for Emergency Medical Services Systems.  The Department of Health and Human Services must investigate each complaint alleging a violation of this Section and take appropriate action, including issuing a citation when compliance cannot be obtained otherwise.

**Sec. 51-17. Penalties.**

  Any person violating any provision of this chapter shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code. Any such swimming pool installed, operated or maintained in violation of the provisions of this chapter shall constitute a nuisance; and the approving authority may, in addition to the penalties hereinbefore set forth, maintain any proper action for the abatement of such nuisance. Each day a violation of the provisions of this chapter continues to exist shall constitute a separate offense.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 51A. Tanning Facilities.

**Sec. 51A-1. Definitions.**

In this Chapter the following words have the meanings indicated:

  Department means the Department of Health and Human Services.

  Director means the Director of the Department of Health and Human Services or the Director’s designee.

  Tanning facility means any place where a tanning device is used regardless of whether a fee is charged for access to the tanning device.

  Tanning device means any equipment that emits radiation used for tanning of the skin, such as a sunlamp, tanning booth, or tanning bed. Tanning device includes any accompanying equipment, including protective eyewear, timers, and handrails.

**Sec. 51A-2. License required.**

  (a)   A person must not operate a tanning facility without a valid license issued by the Department under this Chapter.

  (b)   A license authorizes a person to operate a tanning facility only at the location identified in the license.

  (c)   A license issued under this Chapter is not transferable. However, a new owner may continue to operate a tanning facility under the terms of the previous license if:

    (1)   the new owner has applied for a license under this Chapter; and

    (2)   the license of the previous owner has not expired or been suspended or revoked.

**Sec. 51A-3. Application for license.**

  (a)   In general. A person who wants to operate a tanning facility must:

    (1)   submit an application to the Department on the form that the Department requires; and

    (2)   Pay to the Department a license fee in the amount that the County Executive determines by regulation adopted under Method (3).

  (b)   Contents of form. The application must include:

    (1)   the name and address of the applicant;

    (2)   the location and telephone number of the tanning facility for which the application is made;

    (3)   the name, description and year of manufacture of each tanning device used by the tanning facility; and

    (4)   any other information that the Department requires.

  (c)   New equipment. A person who operates a tanning facility must notify the Department of the name, description, and year of manufacture of any new equipment it uses within 30 days after installing the new equipment for use.

**Sec. 51A-4. Issuance of license; inspection.**

  (a)   Issuance. The Department must issue a license to any person who:

    (1)   submits an application under Section 51A-3;

    (2)   pays the license fee required under Section 51A-3; and

    (3)   meets all other requirements of this Chapter.

  (b)   Inspection. Before issuing a license, the Department must inspect a tanning facility to determine whether it meets the requirements of this Chapter.

  (c)   Contents of license. A license must include:

    (1)   the name of the licensee;

    (2)   the location of the tanning facility for which the license is issued;

    (3)   the date that the license expires; and

    (4)   any other information that the Department requires.

  (d)   Term of license. A license is valid for 1 year after its date of issuance.

  (e)   Display. A licensee must display the license conspicuously in the tanning facility.

**Sec. 51A-5. License renewal.**

  (a)   Application. A licensee may renew a license if, 30 days before the license expires, the licensee:

    (1)   submits to the Department a renewal application on the form that the Department requires;

    (2)   pays a renewal fee equal to the license fee established under Section 51A-3; and

    (3)   meets all other requirements of this Chapter.

  (b)   Extension. An existing license continues in effect until the Department acts on the renewal application if:

    (1)   the licensee meets the requirements of subsection (a); and

    (2)   the existing license has not been suspended or revoked.

  (c)   Term. A license is valid for 1 year after its date of renewal.

**Sec. 51A-6. Standard for tanning devices.**

  Any tanning device used by a tanning facility must meet performance standards based on applicable federal law and regulations for the protection of the public health as established by the County Executive.

**Sec. 51A-7. Duties; prohibition of use by minors.**

  (a)   Tanning facility. A tanning facility must:

    (1)   have a trained attendant on duty whenever the facility is open for business;

    (2)

      (A)   provide each customer with protective eyewear that meets the standards for tanning devices established under this Chapter; and

      (B)   prohibit a person from using a tanning device if that person does not use the protective eyewear.

    (3)   show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer;

    (4)   limit each customer to the maximum exposure time as recommended by the manufacturer;

    (5)   ensure that a timing device that is accurate within 10% of any selected timer interval is used and is remotely located so customers cannot set their own exposure time;

    (6)   control the interior temperature of a tanning facility so that it does not exceed 100 degrees Fahrenheit;

    (7)   ensure that each tanning device is equipped with a mechanism that allows a customer to turn the tanning device off;

    (8)   prohibit a customer from using a tanning device in the facility more than once every 24 hours;

    (9)   sanitize each tanning device after each use;

    (10)   provide a written warning as required in Section 51A-8; and

    (11)   maintain records as required in Section 51A-9.

  (b)   Customer.

    (1)   Either each time a person uses a tanning facility, or each time a person executes or renews a contract to use a tanning facility, the person must sign a written statement that the person:

      (A)   has read and understood the warnings before using the device; and

      (B)   agrees to use the protective eyewear that the tanning facility provides.

    (2)   When using a tanning device, a person must use the protective eyewear that the tanning facility provides.

    (3)   A person under the age of 18 must not use a tanning device.

**Sec. 51A-8. Warnings.**

  (a)   Warning Statement. A tanning facility must give each customer a written statement warning that:

    (1)   the customer must use the protective eyewear that the tanning facility provides to avoid damage to the eyes;

    (2)   overexposure causes burns;

    (3)   repeated exposure may cause premature aging of the skin and skin cancer;

    (4)   abnormal skin sensitivity or burning may be caused by certain:

      (A)   foods;

      (B)   cosmetics;

      (C)   tranquilizers;

      (D)   diuretics;

      (E)   antibiotics;

      (F)   high blood pressure medicines; and

      (G)   birth control pills; and

    (5)   any person taking a prescription or over-the-counter drug should consult a physician before using a tanning device; and

    (6)   it is a violation of County Code § 51A-7 for a person under the age of 18 to use a tanning device.

  (b)   In the warning statement required under subsection (a), a tanning facility must tell its customers:

    (1)   how much liability insurance it carries for the kinds of injuries listed in subsection (a); or

    (2)   that it does not carry liability insurance for the kinds of injuries listed in subsection (a).

  (c)   Warning sign. A tanning facility must post a warning sign in any area where a tanning device is used. The Executive must determine the content and size of the warning sign by regulation under Method (3). However, at a minimum, the sign must state that it is a violation of County Code § 51A-13 for a person under the age of 18 to use a tanning device.

  (d)   A tanning facility must not claim, or distribute promotional materials that claim, that using a tanning device is safe or free from risk.

  (e)   The liability of a facility operator or a manufacturer of a tanning device is not changed by giving the warning under this Section.

**Sec. 51A-9. Injury report; records.**

  (a)   Injury report.

    (1)   Tanning facility. A tanning facility must:

      (A)   report any injury, or any complaint of injury, to the Department on the form that the Department requires; and

      (B)   send a copy of the injury report to the person who is injured or complains of an injury.

    (2)   Department. The Department must send to the Food and Drug Administration a report of all injuries in a tanning facility.

  (b)   Records. A tanning facility must keep a record of each customer's use of a tanning device. The Executive must determine by regulation a reasonable length of time and the manner that records must be kept.

**Sec. 51A-10. Right of entry.**

  The Department may inspect any tanning facility whenever it is open to the public for business to determine whether the tanning facility meets the requirements of this Chapter.

**Sec. 51A-11. Administration; regulations.**

  The Department must administer and enforce this Chapter. The County Executive must issue regulations for administering this Chapter under Method (2). These regulations should include standards for hygiene, injury reports, training of attendants, and the meaning of health care professional.

**Sec. 51A-12. Enforcement.**

  (a)   Order to comply. The Director may order a licensee to comply with the provisions of this Chapter. The County Attorney may file an action in any competent court to enforce an order under this Section or to enjoin any violation of this Chapter.

  (b)   Denial, suspension, revocation. The Director may deny, suspend, or revoke a license under this Chapter if the Director finds, after a hearing for which written notice has been given, that an applicant or licensee has:

    (1)   made a material false statement on an application for an initial or renewal license;

    (2)   obtained a license by fraud or deceit;

    (3)   failed to conform to the provisions of this Chapter;

    (4)   refused lawful entry to any person authorized to enforce this Chapter; or

    (5)   failed to comply with an order under this Section.

  (c)   Summary closing.

    (1)   The Director may summarily suspend or revoke a license under this Chapter if the Director finds that the tanning facility presents an immediate threat to the public health or safety.

    (2)   If the Director summarily suspends or revokes a license under this Section, the Director must:

      (A)   give the licensee written notice as soon as possible; and

      (B)   hold a hearing within 48 hours after receiving a written request for a hearing from the licensee.

  (d)   Reinstatement. Any person whose license has been suspended or revoked under this Section may apply to the Director for reinstatement of the license. Upon receipt of an application for reinstatement, the Director must inspect the tanning facility and must reinstate the license if the tanning facility conforms to the provisions of this Chapter.

  (e)   Notice. Notice to an applicant or licensee under this Section is effective if:

    (1)   served personally on the applicant or licensee;

    (2)   mailed by certified mail to the applicant or licensee;

    (3)   posted on the door of the residence of the applicant or licensee; or

    (4)   posted on the door of the tanning facility.

  (f)   Appeal. Any person aggrieved by a denial, suspension, or revocation under this Section may file an appeal with the Montgomery County Board of Appeals within 10 days after receipt of the denial, suspension, or revocation. An order to comply is not appealable under this subsection. The filing of an appeal does not stay an action under this Section unless the action expressly provides for a stay upon appeal.

**Sec. 51A-13. Penalties.**

  Any violation of this Chapter or any regulation adopted under it is a Class A violation. Each day a violation continues is a separate offense.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 52. Taxation.

### Article I. General.

**Sec. 52-1. Date of finality generally.**

  In the county the date of finality and the semiannual date of finality for the levying of all taxes which the council is now or may hereafter be authorized to levy shall be January 1 and July 1 respectively in each year and all such taxes shall be levied for a taxable year beginning on July 1 and ending on June 30 in the next calendar year, and the state and county taxes shall be levied prior to June 30 each year; provided, however, that nothing herein contained shall be construed to prevent the levying of any assessment for front benefit charges or special benefit assessments for special improvements by the council at any time as the council shall determine the special benefit thereunder; and provided further, that for the fiscal year 1951-52 and thereafter, the date of finality for the assessment of tangible personal property shall be January 1 next preceding the fiscal year.

**Sec. 52-2. Date of finality for tax purposes; when taxes due and payable; date when taxes overdue; penalty for late payment of taxes; when improvements assessable.**

  (a)   The date of finality for tax purposes, as that term is defined in state law, is January 1. The semiannual date of finality is July 1. The three-quarter date of finality is October 1 and the one-quarter date of finality is April 1.

  (b)   Ordinary taxes are due July 1 in each taxable year, except as provided in subsections (c), (d), (e) and (f). Unpaid taxes are overdue on October 1, and bear interest and penalties as specified in subsection (h).

  (c)   Taxes based upon an assessment made as of a semiannual date of finality are levied for the full taxable year beginning on the same day.

  (d)   Any real property completed after July 1 in any year and through September 30, or otherwise first added to the tax rolls during that period, is subject to the payment of property taxes for the 9 months beginning on October 1 and ending on the next June 30. Taxes for these 9 months must be computed by multiplying the assessed valuation of the property by three-fourths the current annual tax rate for the county. Taxes imposed for these 9 months are due on October 1. Taxes are overdue 30 days after the tax bill is mailed or made available, and bear interest and penalties as specified in subsection (h).

  (e)   Any real property completed after September 30 in any year and through December 31, or otherwise first added to the tax rolls during that period, is subject to the payment of property taxes for the 6 months beginning on January 1 and ending on the next June 30. Taxes for these 6 months must be computed by multiplying the assessed valuation of the property by one-half the current annual tax rate for the county. Taxes imposed for these 6 months are due on January 1. Taxes are overdue 30 days after the tax bill is mailed or made available, and bear interest and penalties as specified in subsection (h).

  (f)   Any real property completed after December 31 in any year and through March 31, or otherwise first added to the tax rolls during that period, is subject to the payment of property taxes for the 3 months beginning on April 1 and ending on the next June 30. Taxes for these 3 months must be computed by multiplying the assessed valuation of the property by one-quarter of the current annual tax rate for the county. Taxes imposed for these 3 months are due on April 1. Taxes are overdue 30 days after the tax bill is mailed or made available, and bear interest and penalties as specified in subsection (h).

  (g)   Improvements become assessable when they are substantially completed. For buildings under construction, "substantially completed" means when the building is under roof, plastered (or ceiled) and trimmed.

  (h)   Ordinary taxes when overdue are subject to interest at the rate specified in state law. In addition to interest, taxes are also subject to a penalty at the rate established by resolution of the County Council. Notice of the penalty and interest rates must be included with each tax bill. No interest or penalty may be charged or collected under this section until 30 days after the bill or revised bill for taxes has been mailed or otherwise made available to the taxpayer at the address shown on the tax rolls. As an additional penalty for failure to pay all taxes due within the thirty-day period, the penalty and interest revert to the dates specified in subsections (b), (d), (e), and (f). Interest and penalty when due are a lien on the property and must be collected in the manner provided in state law for the collection of delinquent ordinary taxes.

  (i)   Notwithstanding any provision of state law authorizing a service charge, the Director of Finance must not impose any service charge or other fee because a taxpayer pays the County real property tax in semiannual installments.

  Res. No. 10-973, adopted Oct. 2, 1984, authorized the Director of Finance to issue estimated tax bills and to collect estimated corporate tangible personal property taxes pursuant to art. 81, §§ 13(b) and 49B of the Annotated Code of Maryland, which appear in Md. Code Ann., Tax-Prop. §§ 8-201, 10-210, 14-604, 14-608, 14-702, 14-906, and 14-917 (2001).  Resolution No. 9-1590, enacted in 1982, addressed § 52-2(g) with the following text (note that 1989 LMC, ch. 38, § 1, renumbered § 52-2(g) to § 52-2(h)): “ . . .  there shall be imposed a penalty of one (1) percent per month or any fraction of a month on the payment of all ordinary taxes and other charges collectible in the same manner as ordinary taxes which are overdue and in arrears. The penalty rate hereby established shall for all subsequent levies of all levy years apply to all ordinary taxes and charges collectible in the same manner as ordinary taxes, which are overdue and in arrears on or after October 1, 1982.”

**Sec. 52-2A. Advance payment of real property tax.**

  (a)   Payment Authorized. A property owner may make advance payment of County real property tax in accordance with the provisions of MP Code, Tax - Property, § 10-205, as amended.

  (b)   Calculation of Payment. The advance payment must be calculated by applying the current County property tax rate to the assessment of the property owner’s real property for the prior year.

  (c)   Application of Payment. The Director of Finance must apply the advance payment first to any balance due appearing on the Real Property Consolidated Tax Bill for the property for which the advance payment is tendered. The Director of Finance must apply any remaining amount of the advance payment as a credit against the total liability as finally determined by the Director on the next ensuing Real Property Consolidated Tax Bill for the property for which the advance payment has been made.

  (d)   Overpayment and Interest. If the advance payment exceeds the total liability shown on the next ensuing Real Property Consolidated Tax Bill for the property for which the advance payment has been made, the Director of Finance must send a refund to the property owner. The County must not pay interest on the advance payment, including any refund attributable to the advance payment.

  (e)   Separate fund required. The Department of Finance must segregate funds received under this Section from other revenue the County collects.

  (f)   Report. By January 30 each year, the Department of Finance must send a report to the County Executive and County Council on the amount of advance payments received in the previous calendar year.

**Sec. 52-3. Annual levy.**

  As soon as may be practicable after the passage of the appropriate resolution by the council, and after the ascertainment of the assessed valuation of property for taxation, but prior to June 30 of each year, the council by resolution to be recorded in its minutes, shall levy upon all of the taxable property of the county such rate of tax as shall be determined by the council to be necessary to provide a balanced budget for the fiscal year next ensuing.

**Sec. 52-4. Authorization to issue an estimated personal property tax bill.**

  (a)   If the State Department of Assessments and Taxation does not notify the County of any particular personal property tax assessment or operating personal property assessment by September 1 of any tax year, the Collector may issue an estimated personal property tax bill to the taxpayer.

  (b)   The estimated personal property tax must be calculated by applying the applicable current property tax rate to the most recent assessment of the property.

  (c)   The taxpayer must pay the estimated tax bill within 30 days after the bill is received, reasonably should have been received, or is made available to the taxpayer. If the estimated bill is not paid when due, the unpaid balance is subject to interest and penalty as provided by law.

  (d)   If the tax paid under this Section is less than the tax finally determined to be due, the Collector must send a bill to the taxpayer for the difference. If this tax bill is not paid within 30 days after the bill is received, reasonably should have been received, or is made available to the taxpayer, the unpaid balance is subject to interest and penalty as provided by law.

  (e)   If the tax paid under this Section is more than the tax finally determined to be due, the Collector must refund the difference to the taxpayer with interest as provided by law.

**Sec. 52-5. Abatement of small amounts of tax due.**

  The director of finance may abate the tax where the cost of collection exceeds the amount of tax due and payable. The director must report to the county council each proposed abatement of more than one hundred dollars ($100.00), with an estimate of the tax waived.

**Sec. 52-6. Tax anticipation certificates-Authority of council to issue; purpose; sale.**

  The council is hereby authorized and empowered, by resolution duly adopted in executive session, to provide for the issuance, sale, redemption and acceptance, in payment of taxes, of certificates of the county to be known as tax anticipation certificates. In such resolution the council shall have full and complete authority and discretion, subject to the provisions of this section, to fix and determine the form and tenor of such certificates, including denominations, the date upon which the certificates shall be sold, the manner of selling and issuance, the manner of redemption, and the value to be given to the certificates when used in payment of taxes, and generally all matters incident or necessary to the issuance, sale, redemption and delivery thereof.

  The certificates shall be issued only for the purpose of sale to the public to be used by members of the public for payment of county taxes. Such certificates shall be sold only at face value, shall not bear interest and shall be redeemable in cash by the county, or its designated agents, only at face value of the certificate. Such certificates shall not be negotiable and shall be transferable by the holder only to his successor or assign in ownership of property subject to county taxation, and then only by registration of the transfer at the division of revenue and disbursements, or other county agency as directed in the council resolution.

  Certificates may be authorized to be accepted by the county at above face value only in payment of outstanding due and owing ad valorem county tax bills, and in no event shall the increased value allowed for payment of taxes and interest on such taxes exceed the amount, on a pro rata basis by denomination, of five dollars ($5.00) per one hundred dollars ($100.00) of the face amount of the certificate. The allowed increased value for tax payment purposes shall be prorated in equal monthly amounts from July 1 of the year in which the taxes become due and payable through the next succeeding February.

  No increase in value for any purpose whatsoever shall be allowed prior to July 1 of the year in which the taxes become due and payable nor shall any additional increase in value for any purpose be allowed after the next succeeding February. No certificates shall be sold in February of any year but may be sold in every other month of the year at the discretion of the council.

**Sec. 52-7. Tax anticipation certificates for county property taxes.**

  (a)

    (1)   The county executive may issue tax anticipation certificates for county property taxes.

    (2)   The amount of tax anticipation certificates issued in any fiscal year may not exceed five (5) percent of the amount of county property taxes levied for the previous fiscal year.

  (b)   The county executive may make tax anticipation certificates available at:

    (1)   Any county office that the county executive designates; and

    (2)   Any state or national bank in the county that offers to issue the certificates to the public.

  (c)   If warranted, the county executive may pay a bank for the service of issuing and accepting tax anticipation certificates.

  (d)

    (1)   Tax anticipation certificates are in the form that the county executive determines.

    (2)   A tax anticipation certificate may be purchased in fifty dollars ($50.00), one hundred dollars ($100.00), two hundred fifty dollars ($250.00), and five hundred dollars ($500.00) denominations.

  (e)   An owner of record of property that is located in this county may purchase a tax anticipation certificate under this section for surrender in payment of county property taxes on that property.

  (f)   Interest shall accrue on tax anticipation certificates in the amount that the county executive determines by regulation.

  (g)   The purchase of a tax anticipation certificate by a property owner:

    (1)   Is not payment of property tax; and

    (2)   Does not affect the time or manner of a tax sale of the property for which the certificate is purchased if the property tax is not paid as required by law.

  (h)

    (1)   A tax anticipation certificate is not negotiable.

    (2)   a.    A tax anticipation certificate may be transferred by the purchaser of the certificate to the successor or assignee in ownership of the property for which the certificate was purchased.

      b.   A transfer of a tax anticipation certificate under this paragraph shall be registered at the county division of revenue and disbursements in the manner as the director of finance determines.

  (i)

    (1)   The county executive may adopt regulations to implement this section.

    (2)   A regulation adopted under this section shall be adopted under method (2) of section 2A-15 of this Code.

**Sec. 52-8. Certification of payment of taxes; fees; liability for errors, etc.**

  For certifying the payment or nonpayment of ordinary taxes, to persons other than the council or the head of any department of the county government, the director of finance shall charge and collect a fee for each such certification as shall be established by the county executive by written regulations adopted under method (3) of section 2A-15 of this Code and in an amount not to exceed the cost of administering and providing for liability under this section.

  In addition, the director of finance shall charge and collect a fee which shall be established by the county executive by written regulation adopted under method (3) of section 2A-15 of this Code for each certification of payment or nonpayment of any farmland transfer tax due under Section 52-31.

  All such certifications shall certify the taxes that are paid or unpaid according to the records of the county but neither the director of finance nor any official authorized by him to make such certificate shall be personally liable for any error in such certificate unless the error be caused by his willful, capricious or fraudulent act. In the event of the failure to list on such certificate unpaid taxes for the period covered by such certificate, or the failure to list properly payment or nonpayment of the farmland transfer tax due under Section 52-31, the liability of the county on such certificate shall be limited to the amount of such unpaid taxes, interest and penalties.

**Sec. 52-9. Listing and assessment of personal property.**

  All tangible personal property in the county subject to taxation shall be listed and assessed at not less than the full cash value thereof in lawful money. Such assessment shall be made by the appeal tax court of the county upon the recommendations of the supervisor of assessment in the manner following:

    (1)   Forms or schedules; notice. The supervisor of assessment shall annually cause to be prepared printed forms or schedules of all tangible personal property and all general merchandise and stock in trade, owned or held in trust or otherwise, subject to taxation, to which shall be appended an affidavit in blank, setting forth that the foregoing presents a full and true statement of all such personal property. When such schedule or form is ready for delivery, notice thereof shall be given by the supervisor of assessment by advertisement for the public by inserting such notice once a week for three (3) successive weeks in all newspapers having a general circulation within the county, and a copy of such schedule or form shall be delivered to any resident applying therefor at the office of the supervisor of assessment, at Rockville, Maryland, or at the office of the director of finance, Rockville, Maryland, or at any other places which may in the aforesaid notice be designated by the supervisor of assessment.

    (2)   Duty of taxpayer on notice. Every person, within the county liable to taxation hereunder, and every association, company, executor, administrator, guardian or trustee holding personal property in trust liable to taxation hereunder, shall, prior to April 15 of each year, fill out the proper blanks in such form or schedule with a full and true statement, as in this section hereinabove required, and make and sign an affidavit to the truth thereof, as aforesaid, before the supervisor of assessment or before any of the duly appointed assessors for the county, or before the director of finance of the county or any of his assistants or deputies, and the supervisor of assessment and the duly appointed assessors for the county, and the director of finance of the county and his assistants and deputies are hereby authorized to administer such and all oaths in connection with their duties as assessors or collectors of taxes without charge, or before any person authorized by law to administer oaths; and the address in the county of the person making affidavit shall in each case be given below his signature, and thereupon such supervisor of assessment or any assessor shall assess such property at its full cash value, and enter the same in the columns upon blanks provided for that purpose, and the amount thus ascertained shall be entered upon the books for taxation for each fiscal year.

    (3)   Failure of taxpayer to return form. If any person, association, company, administrator, executor, guardian or trustee shall fail to make and deliver to the supervisor of assessment, prior to April 15 of each year, the form or schedule of his personal property owned, held in trust or otherwise, provided for in this section, then the supervisor of assessment shall, without delay, from the best information he can procure, make an assessment against such person, association, company, administrator, executor, guardian or trustee, to which such supervisor of assessment shall add fifteen (15) percent thereof; provided, that upon application after filing of the return, the appeal tax court of the county may reduce or abate entirely the addition of fifteen (15) percent upon good cause shown.

    (4)   Rejection of return; independent assessment. If the supervisor of assessment be not satisfied as to the correctness of the return of personal property made by any person, association, company, administrator, executor, guardian or trustee, such supervisor may reject the return, and the supervisor of assessment or any assessor may from the best information he can procure, or by making such examination of the personal property as may be practicable, assess the same in such amount as may to him seem just; and notice of the rejection of the sworn return shall be given to the party interested by leaving the same at the address given in the return or by placing a copy of the notice in the United States mail postage prepaid, addressed to such person at his ordinary post office address for the receipt of mail, in a sealed envelope with the return address of the council on the outside; and in all such cases there shall be a right of appeal from the action taken by the supervisor of assessment to the appeal tax court of the county; provided, however, that such appeal is made within twenty (20) days after delivery of such notice or rejection or its deposit in the United States mail as aforesaid.

    (5)   False affidavits. If any person, association, company, administrator, executor, guardian or trustee shall make a false affidavit touching the matters hereinbefore provided for, he or they shall be deemed guilty of perjury, and upon conviction thereof shall be subject to the penalties provided for that offense now provided by law.

    (6)   When return to be filed. Returns of all tangible personal property other than automobiles shall be filed prior to April 15 of each year.

    (7)   Rate of tax. On all tangible personal property, assessed at a fair cash value over and above the exemptions provided by law, including vessels, ships, boats, tools, implements, machinery, horses and other animals, carriages, wagons and other vehicles there shall be paid to the director of finance of the county as the collector of taxes for the county the rate of tax provided by law.

    (8)   Taxes to be paid annually. Tangible personal property taxes of all kinds, excepting the tax on motor vehicles for which a special method of collection is otherwise provided, shall hereafter be paid annually as real estate taxes are paid in the county, that is, the same shall become due and payable on July 1 in each taxable year. From and after October 1, all such taxes are overdue and in arrears and shall bear interest and penalties as specified by the council by resolution pursuant to section 52-2(g). This tax, with the interest and penalties thereon, shall constitute a delinquent tax to be collected in the manner provided by law.

    (9)   Failure to file statement-Petition for mandamus. If any person neglects or refuses to file a return of personal property as required by law, and the supervisor of assessment aforesaid certifies to the council that in his opinion the best information obtainable does not afford a satisfactory basis for assessment, the county may, by petition to the circuit court for the county for mandamus against such person, compel the filing of a sworn return and in such case the court shall require the person at fault to pay all expenses of the proceeding.

    (10)   Same-Penalty. Any person required to file a return or schedule as hereinbefore provided, who shall fail or refuse to file the same within the time required therein shall, upon conviction thereof, be fined not more than one hundred dollars ($100.00) for each and every failure or refusal and for any such failure or refusal extending beyond thirty (30) days’ duration, each day thereafter shall constitute a separate and distinct offense, and such person shall be fined in addition to the aforesaid one hundred dollars ($100.00) not more than the sum of ten dollars ($10.00) for each and every day of such failure or refusal beyond such thirty-day period. All prosecutions under this section shall be brought in any court of competent jurisdiction within the county on information by the state's attorney for the county in the name of "Montgomery County, Maryland," or the director of finance of the county.

    (11)   Applicability of section to certain corporations. The provisions of the foregoing section shall not apply to corporations which are by the provisions of any general law required to file returns in a different manner than herein provided to the extent of the requirement of such general law, but shall be applicable in all other respects.

**Sec. 52-10. Assessment of certain machinery and equipment.**

  The percent of assessment for personal property tax purposes of machinery or equipment used to generate electricity, steam for sale, or hot or chilled water for sale that is used to heat or cool a building, as described in Section 7-237 of the Tax-Property Article, Maryland Code, is inicreased from 50% for the taxable year 2007 to:

  (a)   65% for the taxable year beginning July 1, 2008;

  (b)   60% for the taxable year beginning July 1, 2009; and

  (c)   55% for the taxable year beginning July 1, 2010.

**Sec. 52-11. Manufacturing machinery and farm implements exempt from personal property taxes.**

  Beginning on the date of finality of January 1, 1965, all personal property of every description in the county used entirely or chiefly in manufacturing, including mechanical tools, or implements, whether worked by hand or steam or other motive power, machinery, manufacturing apparatus or engines, are hereby exempt from all county personal property taxes, and all farm implements or apparatus are also hereby exempt from county personal property taxes.

**Sec. 52-12. Special revenue tax on trailer coach parks.**

  The county council for Montgomery County is empowered and authorized to levy and impose by resolution, ordinance or public local law a special revenue tax on every trailer coach park owned by a person licensed to operate and conduct a trailer coach park in Montgomery County, under existing laws and regulations pertaining thereto; and the same person shall pay a monthly tax to be computed at the rate of not more than six dollars ($6.00) per month, as determined by the council, multiplied by the number of spaces which, on the first day of each month, in each licensed trailer coach park are in actual use and operation for occupancy by any trailer coach designed for dwelling and sleeping purposes.

  Any person liable for the taxes imposed under the authority of this section who: (a) willfully fails to pay such taxes; or (b) willfully fails to file any return required; or (c) willfully makes any false statement or misleading omission in any return filed as required; or (d) violates the provisions of any resolution, or ordinance or law adopted under the authority of this section shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

**Sec. 52-13. Special mass transit facilities tax.**

  (a)   Authority to impose tax; purpose. The county council is empowered and authorized to levy and impose by resolution a revenue tax on all assessable property in the county to create a special fund to be used to plan, develop, finance and cause to be operated improved transit facilities located in the county, necessary or useful in rendering transit service between points in the county, by means of rail, bus, water or air and any other mode of travel, including without limitation, tracks, rights-of-way, bridges, tunnels, subways, rolling stock for rail, motor vehicles, marine and air transportation, stations, terminals and ports, areas for parking and all equipment, fixtures, buildings and structures and services incidental to, or required in connection with the performance of transit services.

  (b)   Rate of tax. The rate or amount of tax shall be no less than three cents ($0.03) per one hundred dollars ($100.00) of assessed value of all assessable property within the county.

  (c)   Payment of proceeds into special fund; disbursements. The director of finance shall pay into a special fund in the treasury all taxes, penalties and interest collected and received by him pursuant to this section. Such proceeds shall be disbursed upon the warrant of the director only for the purposes set out in subsection (a) above or for any of the purposes set forth in chapter 870 of the Laws of Maryland 1965, as amended, including the county's obligation to the Washington Suburban Transit District under any contract or agreement between such district and the Washington Metropolitan Area Transit Authority but excluding any appropriations required to meet the administrative expenses of the district pursuant to section 15 of Chapter 870, Laws of Maryland 1965.

**Sec. 52-14. Fuel-energy tax.**

  (a)

    (1)   A tax is levied and imposed on every person transmitting, distributing, manufacturing, producing, or supplying electricity, gas, steam, coal, fuel oil, or liquefied petroleum gas in the County.

    (2)   The County Council must set the rates for various forms of fuel and energy by a resolution adopted under Section 52-17(c).  The Council may, from time to time, revise, amend, increase, or decrease the rates, including setting different rates for fuel or energy delivered for different categories of final consumption, such as residential or agricultural use. Each rate must be based on a weight or other unit of measure regularly used in the conduct of business.  The rate for each form of fuel or energy should impose an equal or substantially equal tax on the equivalent energy content of each form of fuel or energy for a particular category of use.

    (3)   The tax does not apply to the transmission or distribution of electricity, gas, steam, coal, fuel oil, or liquefied petroleum gas in interstate commerce through the County if the tax would exceed the taxing power of the County under the United States Constitution. The tax does not apply to fuel or energy converted to another form of energy that will be subject to a tax under this Section. The tax must not be imposed at more than one point in the transmission, distribution, manufacture, production, or supply system. The rates of tax apply to the quantities measured at the point of delivery for final consumption in the County. For an electric company (as defined in state law), the rates of tax apply to the net consumption that is used to calculate each consumer bill.

    (4)   The tax does not apply to energy that is generated from a renewable source located:

      (A)   in the County and either used on the site where it is generated or subject to a net energy metering agreement (as defined in state law) with a public utility; or

      (B)   in the same electric service territory in Maryland as the subscriber using the energy and subject to a virtual net energy metering agreement (as defined in state law) with a public utility.

Renewable source means a “Tier 1 renewable source” as defined in Section 7-701(l) of the Public Utilities Article of the Maryland Code or any successor provision.

  (b)
									   Person
									 as used in this Section means any individual or legal entity, and includes any corporation, company, association, firm, partnership, group of individuals acting as a unit, trustee, receiver, assignee or personal representative. Director in this Section means the Director of Finance or the Director’s designee.

  (c)   Every person who transmits, distributes, manufactures, produces, or supplies fuel or energy in the County must pay the tax and report any information required by the Director for each calendar month on or before the last day of the following month. With the written permission of the Director, a person who regularly owes taxes under this Section may pay the tax and make reports on a quarterly basis, on or before the 15th day of April, July, October, and January in each year for the preceding 3 months.

  (d)   If any person does not pay the tax due under this Section or file a proper return to the Director by the time and in the amount required, that person is liable for interest on the amount of tax due at the rate of ½ of one percent per month on the amount of the tax for each month or part of a month after the tax is due, and a penalty of 10 percent of the amount of the tax. Any interest and penalty due may be collected as a part of the tax.

  (e)   If any person does not timely file any report and pay the tax required under this Section, the Director may use any available information to estimate the tax due. As soon as the Director obtains available information on which to base the calculation of any tax payable by any person who has not timely filed any report and paid the tax, the Director may assess against that person any tax, interest, and penalties due and must notify that person of the total amount due by regular mail sent to the person’s last known address. The total amount assessed is due and payable within 10 days after the notice is sent.

  (f)   Every person liable for any tax under this Section must preserve, for 2 years, any records necessary to calculate the amount of tax due, which the Director may inspect at any reasonable time.

  (g)   If any person required to pay a tax under this Section stops doing business or otherwise transfers ownership or control of the business, any tax payable under this Section is immediately due, and the person must immediately file a report and pay any tax due.

  (h)   The Director may adopt a regulation, by Method 2, to assess, collect, audit, and otherwise administer the tax imposed by this Section.  If the Council by resolution establishes different rates for different categories of fuel-energy use, the regulations may specify how the Director will determine whether a taxpayer qualifies under the resolution for any rate that is less than the maximum rate.

  (i)   Any violation of this Section is a class A violation. Each violation is a separate offense. Any conviction does not relieve any person from paying any tax due.

  (j)   The Council must appropriate 10% of the revenue received by the County from the fuel-energy tax each year to the nonprofit corporation designated as the Montgomery County Green Bank under Section 18A-46.

  (k)   Any funds which under this section are given to the nonprofit corporation designated as the Montgomery County Green Bank under Section 18A-46 must only be used to:

    (1)   promote the investment in clean energy technologies;

    (2)   provide financing for clean energy technologies, including renewable energy and energy efficiency projects;

    (3)   promote resiliency activities; or

    (4)   provide financing for resiliency activities.

**Sec. 52-15. Telephone tax.**

  (a)

    (1)   A person who owns a telephone line for the reception, transmission or communication of messages by telephone, or leases, licenses, or sells telephonic communication in the County must pay a tax on the following services furnished to customers with a billing address or fixed service address in the County:

      (A)   each residence, business, or PBX local exchange access line or trunk line (except telephone lifeline service customers);

      (B)   each wireless telephone line; and

      (C)   each Centrex local exchange access line or trunk line.

    (2)   The Council must by resolution adopted after advertisement and public hearing in accordance with Section 52-17(c) set the monthly tax rate for each type of line listed in paragraph (1). A person subject to the tax imposed under this section must pay a tax equal to the sum of each line multiplied by the tax rate for that line.

  (b)   In this section:

    (1)   Line means a connection to the local telephone exchange through a unique telephone number.

    (2)   Person means any individual, corporation, company, association, firm, or co- partnership, or any group of individuals acting as a unit, and includes any trustee, receiver, assignee or personal representative.

    (3)   Wireless telephone means any equipment or instrument that transmits:

      (A)   cellular telephone service;

      (B)   personal communication service; or

      (C)   any other commercial mobile radio service as defined by the Federal Communications Commission.

  (c)   Every person liable for the tax must pay the tax and must report upon such forms and set forth such information as the director of finance may prescribe. The report and payment of the tax must be made on or before the fifteenth day of each month, covering the immediate preceding calendar month. Any person liable for the tax may, upon written application to and with the consent of the Director of Finance, make reports and remittances on a quarterly basis instead of the monthly basis. Quarterly reports and remittance must be made on or before the fifteenth day of April, July, October and January in each year, and must cover the three (3) immediately preceding months.

  (d)   If any person fails or refuses to remit the tax required to be paid or to make a proper return to the director of finance, within the time and in the amount specified, that person is liable for:

    (1)   Interest on the amount of tax due at the rate of one (1) percent per month for each month or part of a month after the date upon which the tax is due; and

    (2)   A penalty of five (5) percent of the amount of the tax per month or part of a month, not to exceed a total of twenty-five (25) percent of the tax.  The interest and penalty is collected as a part of the tax.

  (e)   If any person fails or refuses to make any report and remittance required within the time provided, the Director of Finance must obtain information on which to base the Director's estimate of the tax due. As soon as the Director obtains sufficient information upon which to base the assessment of any tax due, the Director must assess against the person the tax and penalties. The Director must notify the person by mail sent to the person's last-known place of address of the total amount of the tax, interest and penalties. The total amount is payable within ten (10) days after the date of the notice.

  (f)   Every person liable for the payment of any tax must keep and preserve, for two (2) years, suitable records necessary to determine the amount of the tax as that person may have been liable for to the County. The Director of Finance may inspect the records at all reasonable times.

  (g)   Whenever any person subject to tax stops doing business or otherwise disposes of the business, any tax payable to the County is immediately due and payable and the person must immediately make a report and pay any tax due.

  (h)   A person is entitled to a refund, under procedures in State law, of the tax paid on any wireless telephone line billed to an address in the County for wireless telephone service that is not available in the County.

  (i)   Any violation or failure to comply with this section is a class A violation. Each violation is a separate offense. A conviction does not relieve any person from the payment, collection or remittance of the tax.

  Resolution No. 12-193, adopted May 8, 1991, effective May 1, 1991, amended the rates of the telephone tax levied under Section 52-15 as follows: $1.25 per month on each residence, business or PBX local exchange access line or trunk line furnished to customers (except telephone lifeline services customers) in the County; and 12.5 cents per month on each Centrex local exchange access line or trunk line furnished to customers in the County. This resolution expired on June 30, 1995.

**Sec. 52-16. Room rental and transient tax.**

  (a)

    (1)   The Director of Finance must impose on each transient a tax at the rate of 7 percent of the total amount paid for room rental, by or for the transient, for sleeping accommodations in any hotel or motel that is located in the County.

    (2)   The County Council by resolution, after a public hearing advertised under Section 52-17(c), may increase or decrease the rate of this tax.

  (b)    The following words and phrases, when used in this Section, have the following meanings:

    Broker means a person, other than the owner or operator of a hotel or motel, that receives, facilitates or arranges payment, directly, indirectly, or through an online platform, for hotel or motel accommodations from a transient who is subject to the tax under subsection (a).

    Director means the Director of Finance or the Director’s designee.

    Hotel or motel means any hotel, inn, hostelry, tourist home or house, motel, apartment hotel, rooming house, dwelling unit or other lodging place that offers for compensation sleeping accommodations in the County.  A hotel or motel does not include:

    (1)   a hospital, medical clinic, nursing home, rest home, convalescent home, assisted living facility, or home for elderly individuals; or

    (2)   a facility owned or leased by an organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code if the primary use of the facility is other than housing overnight guests.

    Hotelkeeper means a person that:

    (1)   owns or operates a hotel or motel; or

    (2)   acts as a broker.

    Room rental means the total charge required to be paid by a transient for a sleeping accommodation.  Room rental includes any service fee, broker’s fee, or other charge or fee required to be paid by the transient regardless of what the charge is called or how the charge is designated.  Room rental does not include any optional charge for services in addition to the charge for the use of sleeping space, such as Wi-Fi access, food, beverage, movie rental, or fitness center access.  The portion of the total charge, if any, that represents a charge other than room rental must be separately billed.

    Transient means an individual who, for any period of 30 or fewer consecutive days, actually occupies a sleeping accommodation.

  (c)    Every hotelkeeper that receives any payment for a room rental that is subject to a tax under this Section must collect the amount of tax imposed under subsection (a) when payment for the room rental is made. The hotelkeeper must hold the taxes required to be collected by this Section in trust for the County until remitted as required by this Section.

  (d)

    (1)   Each hotelkeeper must file a report on a form supplied by the Director.  The form must show the amount of room rental payments collected, the amount of tax required by this Section to be collected, and any other information the Director requires to assure that the proper tax has been remitted to the County.

    (2)   Unless the Director accepts a quarterly report, each hotelkeeper must file a report on or before the last day of each month showing all room rentals during the preceding month.

    (3)   If a hotelkeeper requests, the Director may, in the Director’s sole discretion, accept a quarterly report showing all room rentals during the 3 months immediately before the month when the report is due.  Each hotelkeeper so approved must file a quarterly report on or before the last day of April, July, October, and January.

    (4)   Each hotelkeeper must remit the full amount of tax due with each report

  (e)    If any hotelkeeper does not remit to the Director the tax required to be paid by this Section, or does not file a timely report to the Director, the Director must add to the tax due:

    (1)   interest at the rate of one percent per month on the amount of the tax for each month or part of a month after the tax is due until the tax is paid and the report is files; and

    (2)   a penalty of 5 percent of the amount of the tax per month or part of a month, not to exceed a total of 25 percent of the tax, until the tax is paid and the report filed.

  (f)

    (1)

      (d)   If a hotelkeeper does not file a required report by the deadline established under subsection (d), the Director may estimate the amount of tax due.  The Director may base the estimate on a reasonable projection of room rentals, and may consider rentals reported by other hotelkeepers.

    (2)   The Director must send a notice of the estimated tax due, including interest and penalty, to the hotelkeeper’s last known address.  The hotelkeeper must pay the estimated tax, including any interest and penalty, assessed by the Director within 10 days after the notice is sent.

  (g)

    (1)   Each hotelkeeper must preserve, for 3 years, all records necessary to determine the amount of the tax due under this Section.

    (2)   The Director may inspect any records required to be kept under this Section at any reasonable time.

  (h)    If a hotel or motel stops doing business or a hotelkeeper disposes of its business, the hotelkeeper must immediately file a report under subsection (d) and pay any tax due.

  (i)    Each hotelkeeper or transient that does not comply with any provision of this Section has committed a class A violation. A finding of violation under this subsection does not relieve any hotelkeeper or transient of any tax, including any applicable interest or penalty, due under this Section.

  (j)    At least 7% of the revenue from the tax levied under this Section must be used for the Conference and Visitors Bureau, Inc., as designated by the Council in a budget resolution to promote travel to the County.  The County Executive must report to the Council on the use of these funds by March 15 each year.

  (a)   All taxes paid within three years prior to the effective date of this Act.

  (b)   All taxes due and/or assessable for periods within four years prior to the effective date of this Act.

  (c)   All taxes due, payable, billed or assessed where legal action has been instituted and is pending on the effective date of this Act.

**Sec. 52-16A. Admissions and amusement tax.**

  (a)    As authorized by Section 4-102(a)(1) of the Tax-General Article of the Maryland Code, a tax is imposed at a rate set by resolution adopted by the Council and approved by the Executive on the gross receipts derived from any admissions and amusement charge as defined in Section 4-101(b) of the Tax-General Article except to the extent this rate is limited by Section 4-105(b) of the Tax-General Article.  If the Executive disapproves a resolution within 10 days after it is adopted and the Council readopts it by a vote of six Councilmembers, or if the Executive does not act within 10 days after the Council adopts it, the resolution takes effect.

  (b)    In addition to the exemptions listed in Section 4-103 of the Tax-General Article, the following gross receipts are exempt from this tax:

    (1)   gross receipts used exclusively for community or civic improvement by a not for profit community association as defined by Section 4-104(a) of the Tax-General Article;

    (2)   gross receipts from any charge for admission to a concert or theatrical event of a not for profit organization organized to present or offer any of the performing arts as defined by Section 4-104(b) of the Tax-General Article;

    (3)   gross receipts from any admissions and amusement charge by the County Board of Education or Montgomery College, or by any County, bi-county, or municipal government agency, including the Revenue Authority and the Maryland-National Capital Park and Planning Commission;

    (4)   gross receipts from any admissions and amusement charge levied by an arts and entertainment enterprise or qualifying residing artist in an arts and entertainment district designated under state law;

    (5)   gross receipts from any public daily fee golf course for which admission or a playing fee is charged; and

    (6)   gross receipts from any activity related to agricultural tourism for which admission is charged.  Agricultural tourism means the act of visiting a farm, vineyard, winery, or orchard for entertainment, education, or participation in agricultural activities.  Agricultural tourism does not include any activity at a County fair.

  (c)   Revenue from the admissions and amusement tax set at a rate of 7 percent or less may be used for General Fund purposes.  Additional revenue generated from levying the tax at a higher rate must be used to support, encourage, and promote arts and humanities in the County, including projects, performances, historic and heritage preservation, and other activities that advance the artistic, cultural, and intellectual environment in the County.  The Council must decide in the annual operating budget how these funds are administered.

**Sec. 52-16B. Recordation Tax.**

  (a)   Rates.  The rates and the allocations of the recordation tax, levied under Md. Tax- Property Code §§12-101 to 12-118, as amended, are:

    (1)   for each $500 or fraction of $500 of consideration payable or of the principal amount of the debt secured for an instrument of writing, including the amount of any mortgage or deed of trust assumed by a grantee;

      (A)   $2.08, of which the net revenue must be reserved for and allocated to the County general fund; and

      (B)   $2.37, of which the net revenue must be reserved for and allocated to the cost of capital improvements to public schools; and

    (2)   if the consideration payable or principal amount of debt secured;

      (A)   exceeds $500,000 and is less than or equal to $600,000, an additional $2.30 for each $500 or fraction of $500 of the amount over $500,000; and

      (B)   exceeds $600,000 and less than or equal to $750,000, an additional $5.75 for each $500 or fraction of $500 of the amount over $600,000; and

      (C)   exceeds $750,000 and less than or equal to $1,000,000, an additional $6.33 for each $500 or fraction of $500 of the amount over $750,000; and

      (D)   exceeds $1,000,000, an additional $6.90 for each $500 or fraction of $500 of the amount over $1,000,000

    (3)   Allocation of revenue collected.  The net revenue collected under paragraph (2) must be reserved for and allocated as follows:

      (A)   one-third for the cost of County government capital improvements; and

      (B)   one-third for rent assistance for low and moderate income households, which must not be used to supplant any otherwise available funds; and

      (C)   one-third for the cost of capital improvements for public schools.

  (b)   Exemption.  The first $100,000 of the consideration payable on the conveyance of any owner-occupied residential property is exempt from the recordation tax if the buyer of that property is an individual and intends to use the property as the buyer’s principal residence by actually occupying the residence for at least 7 months of the 12-month period immediately after the property is conveyed.

  (a)   the cost of County government capital improvements; and

  (b)   rental assistance programs for low- and moderate-income households, which must not be used to supplant any otherwise available funds.

  Sec. 3. Effect of Previous Actions. Effective July 1, 2002, this Act supersedes Resolution No. 7-182.  Any action taken under that resolution before that date, including the levy and collection of the recordation tax, is ratified and confirmed as if that action had been taken under authority of a law enacted by the County Council.

  Sec. 4. Allocation of Revenue.  During any fiscal year that begins on or after July 1, 2004, except a fiscal year that begins on July 1, 2010, the net revenue attributable to the increase in the rate of the recordation tax enacted in this Act must be reserved for and allocated to the cost of capital improvements to schools and educational technology for Montgomery College in the form of debt service for debt-eligible projects and current revenue for debt-eligible or non-debt-eligible projects.

**Sec. 52-17. Additional taxing powers; prohibited taxes.**

  (a)   Generally. The County Council for Montgomery County is hereby empowered and authorized to have and exercise, within the limits of the County, in addition to any and all taxing powers heretofore granted by the General Assembly, the power to tax to the same extent as the state has or could exercise said power within the limits of the County as a part of its general taxing power,  which includes the power to impose and provide for the collection of development impact taxes for financing, in whole or in part, the capital costs of additional or expanded public transportation facilities required to accommodate new construction or development; and to provide by resolution for the imposition, assessment, levy and collection of any tax or taxes authorized by this Section; and from time to time to grant exemptions and to modify or repeal existing or future exemptions.

  (b)   Exceptions. Provided, that the Council shall not have the power to impose any tax upon any alcoholic beverages, intangible personal property or upon the subject matter of Annotated Code of Maryland, 1957, Sections 135 to 157 of Article 56 (Gasoline Tax); Sections 3-601.1, 3-801 to 3-824, 11-706, 14-112 of Article 66 1/2 (Motor Vehicle Registration); Section 3-831 of Article 66 1/2 (Titling Tax); Sections 181 to 190 of Article 56 and Section 273 of Article 81 (Motor Vehicle Taxation); Section 9(32) of Article 81 (Class A and Class D Motor Vehicles); Sections 279 to 323 of Article 81 (Tax on Incomes); Article 78B (Horseracing and Pari-mutuel Betting); Sections 194 and 195 of Article 81 (Bonus  Tax); Sections 197 to 201 of Article 81 (Tax on Franchise to a Corporation); Sections 129 and 130 of Article 23 (Recording Corporate Papers); Section 128 of Article 81 (Deposits of Savings Banks); Sections 135 to 143 of Article 81 (Insurance Premiums); Sections 149 to 193 of Article 81 (Inheritances); Article 62A (Estate Tax); or Section 144 of Article 81 (Tax on Commissions of Executors and Administrators); or Sections 431 to 464 of Article 81 (State Tobacco Tax Act) or Sections 12-A and 12-B of Article 81 (Sales Tax and Gross Receipt Tax on Advertising, etc.) to the extent applicable; or any other tax prohibited to a political subdivision of this state by any applicable statewide law; nothing in this Section shall be construed to authorize the County to impose a tax upon the gross receipts of any person in the County; provided, however, that the County in taxing the receipts, from motor vehicle operations, may only tax receipts from operations of motor vehicles having a permit from the Public Service Commission of Maryland authorizing both the taking on and discharging of passengers at more than one point within the County and/or the transportation of passengers between 2 or more points within the County.

  (c)   Advertisement required. On or after June 1, 1963, no tax shall be levied or imposed by the County pursuant to any of the provisions of this Section unless the levy or imposition of the tax is advertised for 3 consecutive weeks in 2 newspapers having a general circulation in the County. After such advertising a public hearing shall be held concerning the levy and imposition of such tax. The provisions of this Section shall not apply to any tax levied and imposed prior to June 1, 1963.

  (d)

    (1)   From the revenues derived from any hotel and motel room rental tax imposed by the County, the County shall distribute 50% of the revenue attributable to a hotel or motel located in a municipal corporation or in a special taxing district created by the General Assembly to the Municipal Corporation or special taxing district.

    (2)   Paragraph (1) of this subsection shall apply only to tax revenues generated from hotels and motels located in any area that is added to the County by an alteration of the boundary line between Montgomery County and any other County after July 1, 1995.

  (e)   The Council may not impose a tax on the sale of a right to occupy a room or lodgings as a transient guest at a dormitory or other lodging facility that:

    (1)   is operated solely in support of the headquarters, a training facility, a conference facility, an awards facility, or the campus of a corporation or other organization;

    (2)   provides lodging solely for employees, contractors, vendors, and other invitees of the corporation that owns the dormitory or lodging facility; and

    (3)   does not offer lodging services to the general public.

In Montgomery County v. Maryland Soft Drink Ass’n., Inc., 281 Md. 116, 377 A.2d 486 (1977), the court upheld the constitutionality of the Maryland General Assembly's grant to the County (codified in § 52-17) of the broad power to impose excise taxes (non-property taxes) in addition to the power of chartered counties to impose property taxes set forth in the Express Powers Act, Md. Code Ann., Art. 25A, § 5(O). The same broad taxing power was granted by the General Assembly to Baltimore City and Baltimore County and this was confirmed in Hampton Associates v. Baltimore County, 66 Md. App. 551, 558, 505 A.2d 537 (1986), cert. denied, 307 Md. 406, 514 A.2d 24 (1986), Kimball-Tyler v. Balto. City, 214 Md. 86, 92, 96, 133 A.2d 433 (1957), State Tax Commission v. Armco, 226 Md. 533, 544-545, 174 A.2d 327 (1961).  The Maryland appellate court held that the County Council had the authority to impose the development impact tax under ch. 808, Laws of 1963, codified in §§ 52-47 through 52-59 of the County Code, in  Montgomery County v. Waters Landing Limited Partnership, 99 Md. App. 1, 635 A.2d 48, aff’d., 337 Md. 15, 650 A2d 712 (1994).

  Many of the laws referenced in Sec. 52-17(b) have been repealed or moved to a different section of the Annotated Code of Maryland, as follows: Art. 56, §§ 135 to 157 (Gasoline Tax) appear in Tax-Gen. § 9-101 et seq.; Art. 66 ½, §§ 3-601.1, 3-801 to 3-824, 11-706, and 14-112 (Motor Vehicle Registration) appear in Transp. §§ 13- 623, 13-617, 13-901 to 13-946, 21-706, and 22-228; Art. 66 ½, § 3-831 (Titling Tax) appears in Transp. §§ 13-809 to 13-811 and 13-814; Art. 81, § 273 (Motor Vehicle Taxation) was repealed in 1981; Art. 81, § 9(32) (Class A and Class D Motor Vehicles) appears generally in Tax Prop., Title 7; Art. 81, §§ 279 to 323 (Tax on Incomes) appear in Tax-Gen., Titles 10 and 13, Nat. Res. § 5-219, Corp. & Assns. §§ 1-203,  8-204, and 8-403, and Cts. & Jud. Proc. § 5-106; Art. 78B (Horseracing and Pari-mutuel Betting) appears in the Bus. Reg. Art.; Art. 81, §§ 194 and 195 (Bonus Tax) were repealed in 1985; Art. 81, §§ 197-201 (Tax on Franchise to a Corporation) were repealed in 1972; Art. 23, §§ 129 and 130 (Recording Corporate Papers) were repealed in 1975 and portions moved to the Corp. and Assns. Art.; Art. 81, § 128 (Deposits of Savings Banks) appears in Tax-Gen., Title 8; Art. 81, §§ 135 to 143 (Insurance Premiums) appear in Tax-Gen. art. 48A §§ 631 to 640; Art. 81, §§ 149 to 193 (Inheritances) appear in Tax-Gen., Title 7; Art. 62A (Estate Tax) appears in Tax-Gen., Title 7; Art. 81, § 144 (Tax on Commissions of Executors and Administrators) appears in Tax-Gen. §§ 7-401, 7-403, and 7-405; Art. 81, §§ 431 to 464 (State Tobacco Tax Act) appear in Tax-Gen., Titles 1, 2, 12, and 13 and Art. 56 ch. 6; Art. 81, §§ 12-A and 12-B (Sales Tax and Gross Receipt Tax on Advertising, etc.) appear in Art. 24, §§ 9-201 and 9-202.

**Sec. 52-18. Appeal tax court.**

  (a)   There is hereby created an appeal tax court to be known as "the appeal tax court for Montgomery County, Maryland."

  (b)   The appeal tax court for the county, shall consist of three (3) members, to be appointed by the county executive, subject to the confirmation of the county council, one (1) of such members to be designated by the county executive as chairman, subject to the confirmation of the county council.

  (c)   Each member of the appeal tax court for the county appointed after June 9, 1953 shall be paid for the performance of public duties imposed upon him by virtue of his appointment the sum of twenty dollars ($20.00) for each meeting of the appeal tax court which the member attends in person, but not to exceed twenty dollars ($20.00) for any one (1) day or three thousand dollars ($3,000.00) during any fiscal year; except, that each member of the appeal tax court appointed or re-appointed after May 30, 1960 shall be paid for the performance of public duties imposed upon him by virtue of his appointment the sum of thirty dollars ($30.00) for each meeting of the appeal tax court which the member attends in person, but not to exceed thirty dollars ($30.00) for any one (1) day or three thousand dollars ($3,000.00) during any fiscal year.

**Sec. 52-19. Moderate-income multifamily rental housing facility real property tax deferral.**

  (a)   For the purpose of this section, a moderate-income multifamily rental housing facility is a rental apartment facility which (1) has five (5) or more dwelling units, (2) has entered into an agreement with the housing opportunities commission to participate in the section 8 housing assistance payments program for existing housing and (3) as of the January 1 preceding the tax year for which the tax deferral is sought has at least fifteen (15) percent of its units renting at or below the fair market rents for existing facilities as established by the department of housing and urban development for Montgomery County under section 8 of the United States Housing Act of 1937, as amended.

  (b)   Owners of rental facilities may apply for a deferral of Montgomery County real property taxes due and payable for a rental facility. Taxes eligible for the deferral shall, where applicable, consist of:

    (1)   General county tax.

    (2)   Washington Suburban Transit District tax.

    (3)   Fire district tax.

    (4)   Advance land acquisition tax.

    (5)   Metropolitan district tax.

    (6)   Regional district tax.

    (7)   Recreation district tax.

    (8)   WSSC sanitary district tax.

    (9)   Storm drainage district tax.

    (10)   Suburban district tax.

  (c)   The amount of taxes which may be deferred for any one (1) year shall be the amount calculated by taking the percentage of dwelling units renting at or below fair market rents as of January 1 to the total number of dwelling units in the facility, and multiplying the percentage by the assessment of the rental facility, and multiplying the product by the applicable tax rates. Where a rental facility consists of two (2) or more buildings, the owner may elect to have the tax deferral calculated separately for each building. The election shall be made at the time of application for the deferral and shall be final for the taxable year for which the deferral is sought.

  (d)    Interest must accrue on the deferred taxes at the rate specified in Sections 8-421, 10-102, 14-602, and 14-603 of the Tax-Property Article of the Maryland Code.

  (e)   At no time may the accumulation of deferred taxes and accrued interest exceed fifty (50) percent of the full cash value of the rental facility as determined by the supervisor or assessments for Montgomery County.

  (f)   All taxes deferred and interest accrued thereon shall be a first lien on the property, having the priority of real property taxes, until paid or otherwise extinguished by operation of law. The taxes are collectible by suit or by tax sale, regardless of any period of limitations imposed under law. In the event of tax sale for nonpayment of taxes, the property shall be sold for all unpaid taxes and interest, including deferred taxes and interest. In addition to being a first lien on the property, the deferred taxes and accrued interest shall be a personal liability of the owner of the property immediately prior to the happening of any of the conditions listed in subsection (g) below.

  (g)   All taxes deferred and interest accrued thereon shall be due and payable upon any of the following conditions:

    (1)   The property no longer qualifies as a moderate-income multifamily rental housing facility, as defined above;

    (2)   The owner fails to submit a timely annual application for deferral;

    (3)   Title to or controlling interest in the rental facility is conveyed, except in the case of a distribution by will or descent upon the death of the owner;

    (4)   A notice of intent to establish a condominium regime or create a cooperative housing project is given to tenants; or

    (5)   The rental facility becomes subject to tax sale.

  (h)   The director of finance, at the director's discretion, and upon request of the owner, may at any time enter into an installment agreement, in form acceptable to the director, to repay the county the accumulated deferred taxes and accrued interest except where deferred taxes have become due under subsection (g)(3), (4) or (5). All amounts to be paid under an installment agreement (1) shall bear interest at the rate specified in subsection (d); (2) shall remain a first lien on the property; and (3) shall become due and payable upon the happening of any condition listed in subsection (g)(3), (4) or (5) above. Once an installment agreement has been entered into, the property shall not be eligible for further deferral of taxes until all taxes previously deferred and accrued interest have been paid in full. In the event an installment payment agreement is entered into and the payment of any installment becomes delinquent, the property may be sold at tax sale or legal action may be instituted for the remaining balance due under the agreement.

  (i)   Applications for a tax deferral under this section shall be submitted to the director of finance by the first day of April immediately preceding the taxable year for which a tax deferral is sought to be applied or continued. The application shall include a certification as to the number of units rented at or below fair market rentals as of the prior January 1. Applications shall be on forms acceptable to the director and shall be sworn to by the applicant. The director shall notify the applicant of approval or disapproval.

  (j)   Any person who knowingly transmits a false or fraudulent application, or statement, or withholds information, in order to obtain a deferral under this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one thousand dollars ($1,000.00) for each offense or six (6) months in jail or both. In addition, such persons shall be liable for and shall repay to the county any and all amounts of taxes and interest deferred. The county may enforce this provision by propriate civil action; and such persons shall be liable for all fees, costs and expenses of such proceedings.

  (k)   The county executive is authorized to adopt regulations under method (2) of section 2A-15 of this Code, for the administration of this deferral program.

**Sec. 52-20. Residential real property tax deferral—Government-initialized rezonings.**

  (a)   Taxpayers who own, in fee simple, and actually occupy residential real property as their principal place of residence may, upon written application approved as provided below, receive a deferral of due and payable county real property taxes on the property for the levy year July 1, 1981, and thereafter. For the purposes of this section, residential real property includes property owned by the taxpayer adjacent to his residence, provided it is unimproved and not assessed on the basis of agricultural use. The real property on which the residence is located must be included in the property for which deferral is sought, and not more than ten (10) acres in total shall be eligible for the deferral of real property taxes under this program. The amount of taxes which may be deferred pursuant to this section, for any one (1) year, is that amount, as determined by the county's director of finance, to be attributable to an assessment increase resulting directly from a government-initiated change in the zoning classification of the property to a higher intensity use. In determining the applicable increase in assessment, the director shall utilize information to be requested from the office of the supervisor of assessments for Montgomery County relative to the full cash value assessment of the subject property for each triennial cycle based on the residential zoning of the property prior to its reclassification.

  (b)   County real property taxes eligible for the deferral shall, where applicable, consist of:

    (1)   General county tax;

    (2)   Washington Suburban Transit District tax;

    (3)   Fire district tax;

    (4)   Advance land acquisition tax;

    (5)   Metropolitan district tax;

    (6)   Regional district tax;

    (7)   Recreation district tax;

    (8)   Washington Suburban Sanitary District tax;

    (9)   Storm drainage district tax; and

    (10)   Suburban district tax.

  (c)   Interest must accrue on the deferred taxes at the rate specified in the Tax-Property Article, section 14-603 of the Annotated Code of Maryland.

  (d)   At no time may the accumulation of deferred taxes and accrued interest exceed fifty (50) percent of the current full cash value of the property as determined by the supervisor of assessments for Montgomery County, or a lesser amount elected by the taxpayer by written notice to the director. The election of a lesser amount does not constitute a withdrawal from the program. Where such maximum amounts have been reached, they may continue to be deferred until any of the conditions of subsection (g) occurs.

  (e)   No penalty shall be charged during the period of the deferral on any taxes deferred pursuant to this section.

  (f)   All taxes deferred and interest accrued thereon shall be a first lien on the property, having the priority of real property taxes, until paid or otherwise extinguished by operation of law. The deferred taxes and accrued interest are collectible by suit or by tax sale, regardless of any period of limitations imposed under law. In the event of tax sale for nonpayment of taxes, the property shall be sold for all unpaid taxes and interest, including deferred taxes and interest. In addition to being a first lien on the property, the deferred taxes and accrued interest shall be a personal liability of the person or persons who owned the property immediately prior to the occurrence of any of the conditions listed in subsection (g) below.

  (g)   All taxes deferred and interest accrued thereon shall be due and payable upon any one of the following conditions:

    (1)   The taxpayer ceases to own the property in fee simple;

    (2)   The taxpayer ceases to occupy the property as his principal place of residence;

    (3)   The property becomes subject to tax sale; or

    (4)   The use of the property changes.

  (h)   A taxpayer shall be eligible for the tax deferral provided for by this section only if he had a fee simple ownership interest in the property and occupied the property at his principal place of residence for at least twenty-four (24) months immediately prior to the effective date of the zoning resolution as a result of which a tax deferral under this section is sought.

  (i)   Applications for a tax deferral under this section shall be submitted to the director of finance no later than September 1 of the first tax year in which the taxpayer wishes to participate in the program. The taxpayer may receive a refund, without interest, for deferrable taxes paid for the first tax year. Applications shall be on forms acceptable to the director and shall be sworn to by the taxpayer. The director shall notify the taxpayer of approval or disapproval. Once approved, no further applications are required.

  (j)   A taxpayer may withdraw from the program by giving written notice to the director and paying all deferred taxes and accrued interest, whereupon the director shall cease deferral of taxes, effective the following tax year; and the taxpayer shall not be eligible for further participation in the program.

  (k)   Any person who knowingly transmits a false or fraudulent application, or statement, or withholds information, in order to obtain a deferral under this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than one thousand dollars ($1,000.00) for each offense or six (6) months in jail or both. In addition, such persons shall be liable for and shall repay to the county any and all amounts of deferred taxes, and interest and penalties accrued thereon. The county may enforce this provision by appropriate civil action, and such persons shall be liable for all fees, costs and expenses of such proceedings.

  (l)   Where the council president notifies persons who may be affected by a pending comprehensive rezoning application, the notification shall include notice to the effect that in the event property is rezoned to a higher intensity use, the taxpayer may be eligible for a tax deferral and should contact the county division of revenue for further information.

  (m)   The county executive is authorized to adopt regulations, under method (2) of section 2A- 15 of this Code, for the administration of this deferral program.

**Sec. 52-21. Excise tax; property lien.**

  (a)   In this section:

    (1)   Excise tax:

      a.   Is any tax not directly imposed on property; and

      b.   Includes but is not limited to fuel-energy taxes, telephone taxes, room rental transient taxes, beverage container taxes, and transfer taxes.

    (2)   Taxpayer means any person or persons paying or liable to pay, remit, or collect any tax, or against whom any liability for taxes is claimed or asserted, or could be claimed or asserted, whether on the behalf of the taxpayer or of others.

    (3)   Person means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, corporation, or other entity.

  (b)   If a taxpayer fails to pay to the county any excise tax when due and payable, that tax and any interest, penalties, fees, and costs are a lien in favor of the county on all property, real or personal, and all rights to the property that belongs to the taxpayer.

  (c)   A lien under this section:

    (1)   Arises from and after the date that notice is given that the tax is due and payable;

    (2)   Continues until the liability is satisfied and the lien is released by the county;

    (3)   Attaches to real property only after notice is filed by the county with the circuit court where the real property is located;

    (4)   Has the full force and effect of a lien of judgment.

  (d)   The clerk of the circuit court under subsection (c)(3) of this section must record and index all notices of lien and file the lien in the judgment records.

  (e)   To enforce the lien and judgment on the property of the taxpayer for the tax, interest, penalties, fees, and costs, the county may:

    (1)   File a civil action by way of attachment, execution, or otherwise in any of the courts; and/or

    (2)   Sell the real property at tax sale in the same manner as real property is sold for nonpayment of taxes.

**Sec. 52-22. Residential real property tax deferral.**

  (a)   Definitions.  In this Section the following words have the meanings indicated:

    Dependent means a dependent under Section 152 of the Internal Revenue Code.

    Director means the Director of the Department of Finance.

    Legal interest has the meaning stated in Section 9-104 of the Tax-Property Article of the Maryland Code.

    Owner means an individual who has a legal interest in residential real property.

  (b)   Authorization; Amount of Deferral.  An owner may defer payment of County property taxes due on residential real property occupied by the owner as the owner’s principal residence if the owner meets the requirements of this Section. The amount of taxes that may be deferred for any one year is the amount that County taxes due exceeds the amount of County property taxes paid in the prior taxable year.

  (c)   Program Eligibility. An owner is eligible for a payment deferral under this Section if:

    (1)

      (A)   the gross income or combined gross income of all individuals who actually reside in the dwelling (except a dependent or a person who pays reasonable fixed charges for rent or room and board), did not exceed $120,000 for the calendar year that immediately precedes the taxable year for which the deferral is sought; and

      (B)   the owner, or at least one of the owners, has resided in the dwelling as that person’s principal place of residence for 5 consecutive years and continues to occupy the property for that purpose; or

    (2)

      (A)   the owner is at least 65 years old; and

      (B)   the gross income or combined gross income of all individuals who actually reside in the dwelling (except a dependent or a person who pays reasonable fixed charges for rent or room and board), did not exceed $80,000 for the calendar year that immediately precedes the taxable year for which the deferral is sought.

For purposes of income determination under paragraph (c), and to the extent consistent with this Section, gross income or combined gross income must be calculated in accordance with Section 9-104 of the Tax-Property Article of the Maryland Code.

  (d)   Eligible Residential Property.  The amount of the property eligible for a deferral is limited to the real property on which the residence is located, the curtilage, as determined by the Supervisor of Assessments, and any adjacent unimproved land on the same lot or parcel that is not assessed on the basis of agricultural use. A deferral must not be granted for taxes attributable to any improvement to the property that was not reflected in the assessment used for the base year for which taxes were paid to determine the amount of tax deferral under subsection (b).

  (e)   Eligible Taxes. County real property taxes that are eligible for deferral are the general County tax and, where applicable, special service area taxes.

  (f)   Interest.

    (1)   Except as provided in paragraph (2), interest accrues on the deferred taxes at a rate set annually by the Director that does not exceed the prime lending rate generally available on June 1 of the preceding fiscal year.  The regulations adopted under subsection (q) must specify the source or sources that the Director must use to calculate the prime rate generally available on June 1 of each year.  The annual interest rate set by the Director applies to any tax deferred that year, regardless of the year when the tax was first deferred.

    (2)   Notwithstanding paragraph (1), for deferrals for owners eligible under paragraph (c)(2), the interest accrues on the deferred taxes at a rate of 0.0% or another amount set by Council resolution.

  (g)   Annual Tax Bills. The cumulative amount of the payment deferral and accrued interest must be specified in the taxpayer’s annual property tax bill. The Director must record the amount of that deferral in the County tax records.

  (h)   Limits on Deferrals. The accumulation of deferred taxes and accrued interest must not exceed 50% of the full cash value of the property, as determined by the Supervisor of Assessments, or a lesser amount elected by the taxpayer and specified in the agreement required under subsection (l). When the maximum amounts have been reached, those amounts may continue to be deferred until any of the events specified in subsection (k) occur. An owner who receives a tax deferral under this Section must not also receive a tax deferral under Section 52-20.

  (i)   Penalties. A penalty must not be charged during the period of the deferral on any taxes deferred under this Section.

  (j)   Liens. All taxes deferred and interest accrued on the taxes are a first lien on the property, with the priority of real property taxes, until paid or otherwise extinguished by operation of law. The deferred taxes and accrued interest are collectible by suit or by tax sale, regardless of any period of limitations imposed under law. In the event of tax sale for nonpayment of taxes, the property must be sold for all unpaid taxes and interest, including deferred taxes and interest. In addition to being a first lien on the property, the deferred taxes and accrued interest constitutes a personal liability of the person or persons who owned the property immediately before the occurrence of any event specified in subsection (k).

  (k)   Events Accelerating Payment. Except as otherwise provided in this subsection, all deferred taxes and accrued interest become due and payable if:

    (1)   ownership of the property is transferred;

    (2)   an owner no longer occupies the property as that person’s principal residence;

    (3)   the property becomes subject to tax sale; or

    (4)   the use of the property changes.

However, the property tax deferral remains available to a surviving spouse, or to a spouse or former spouse in possession of the residence under a written separation agreement or divorce decree, for amounts previously deferred. A spouse or former spouse may continue to defer taxes if that person is otherwise eligible under subsection (c).

  (l)   Applications; Agreement with Director of Finance. An application for a tax deferral under this Section must be submitted to the Director no later than September 1 of the tax year in which the taxpayer seeks to obtain a tax deferral, or any other date established by regulations. An eligible owner may receive a refund, without interest, for deferrable taxes paid for the first tax year. Applications must be on forms acceptable to the Director and must be sworn to as true by the owner or each joint owner. The Director may request information to verify eligibility under this Section, including income tax records, and may require a certification by the applicant of all joint owners, persons having an equitable interest in the property, and parties having a secured interest in the property. If the applicant is eligible, the Director or the Director’s designee must execute a written agreement with the owner or each joint owner before a tax deferral can be made. The agreement must reflect the terms and conditions of the deferral including notice of the lien. The agreement may provide for repayment of the deferred taxes and accrued interest in installments if the owner ceases to occupy the property as that owner’s principal residence but maintains ownership. Interest must be assessed at the rate specified under subsection (f).  The Director must record the written agreement in the County’s land records.  The agreement must include a conspicuous statement that indicates it is being recorded by or on behalf of the County.

  (m)   Notification of Secured Parties. The Director must notify all mortgagees or beneficiaries under any deed of trust of a payment deferral under this Section and of the amount of tax to be deferred. In selecting who to notify, the Director may rely on any certification made by the taxpayer under subsection (l). Notification must also be given when participation in the payment deferral program terminates.

  (n)   Program Withdrawal. A taxpayer may terminate the deferral at any time by giving written notice to the director and paying all deferred taxes and accrued interest.  If a taxpayer terminates a deferral, the Director must record a notice of a termination of  deferral in the County’s land records.  The notice must include a conspicuous statement that indicates it is being recorded by or on behalf of the County.

  (o)   Penalties for False or Fraudulent Information. A person who knowingly submits a false or fraudulent application or statement, or withholds information, in order to obtain a deferral under this Section has committed a class A violation. In addition, the person is liable for and must repay to the County deferred taxes and accrued interest and penalties applicable to overdue taxes. The County may enforce this subsection by appropriate judicial action. A person who violates this Section is liable for all court costs and expenses of the County in a civil action.

  (p)   Appeals. Any owner aggrieved by a decision of the Director under this Section may appeal to the Maryland Tax Court. An appeal must be filed within 30 days after the owner receives written notice of the decision from the Director.

  (q)   Regulations. The County Executive must adopt regulations under method (2) to administer this tax deferral program.

  (r)   Annual Report.  The Director must provide an annual report to the County Council by January 1 of each year that describes the extent of program participation, aggregate amounts of taxes deferred, interest accrued, administrative costs, and other relevant information.

**Sec. 52-23. Property tax refund—Disabled veterans and blind persons.**

  The Director of Finance must refund to each disabled veteran or blind person who qualifies for a property tax exemption under state law county property taxes paid for the three taxable years before the year for which the exemption was first granted, as provided in state law, if:

  (1)   the Supervisor of Assessments certifies that the taxpayer has qualified for the exemption;

  (2)   the taxpayer was qualified for an exemption during the entire taxable year for which the refund is claimed; and

  (3)   the taxpayer claims a refund from the Director not later than 3 years after the tax to be refunded was paid.

**Sec. 52-24. Payments in lieu of taxes for certain housing developments.**

  (a)   Definitions.  In this Section, the following words have the following meanings.

    Area median income means the median household income for the Washington, DC metropolitan area as estimated by the U.S. Department of Housing and Urban Development, adjusted by household size based on the occupancy standard for the unit.

    Authority has the same meaning as defined under Section 12-101 of the Housing and Community Development Article of the Maryland Code, as amended.

    Director means the Director of Finance or the Director’s designee.

    Housing authority entity has the same meaning as defined under Section 12-104 of the Housing and Community Development Article of the Maryland Code, as amended.

    Payment in lieu of taxes means an authorized payment made by the owner of a qualifying housing development instead of paying the County real property tax, including a County real property tax levied under a special area taxing law, that would otherwise be due.

    Person has the same meaning as in Section 1-101 of the Tax-Property Article of the Maryland Code, as amended.

    Section 8 Project-Based Rental Assistance means a program operated by the U.S. Department of Housing and Urban Development that provides housing assistance payments under a contract with the owner of a multi-family rental housing property to make up the difference between rent affordable to a low income household earning between 50 and 80 percent of the area median income and the approved rent for an adequate housing unit pursuant to 42 U.S.C. §1437f, as amended.

  (b)   When authorized by state law, the Director may agree to accept a negotiated payment in lieu of the real property tax that would otherwise be levied on a qualifying housing development.  A qualifying housing development is any housing development of which the owner is expressly eligible under state law to make payments in lieu of taxes.

  (c)   When authorized by state law, the Director must offer a payment in lieu of taxes for a qualifying housing development:

    (1)   owned or controlled by an authority or housing authority entity that exempts 100 percent percent of the real property tax that would otherwise be levied;

    (2)   owned or controlled by a non-profit housing developer if at least 50 percent percent of the dwelling units located on the property receiving the payment in lieu of taxes are built under a government regulation or binding agreement with the County limiting the rent charged for the unit for at least 15 years to make the unit affordable to households earning 60 percent percent or less of the area median income. The offer must exempt 100 percent percent of the real property tax that would otherwise be levied for a period of at least 15 years, but no more than the number of years that rents charged for 50 percent percent of the dwelling units must remain restricted to households earning 60 percent percent or less of the area median income;

    (3)   owned or controlled by a non-profit housing developer if all of the dwelling units are subject to a Section 8 Project-Based Rental Assistance Payment contract. The offer must exempt 100 percent percent of the real property tax that would otherwise be levied as long as the Section 8 Project-Based Rental Assistance Payment contract is in effect; or; or

    (4)   owned or controlled by a person engaged in constructing or operating housing structures or projects if:

      (A)   the property receiving the payment in lieu of taxes is converted to residential use from a commercial use with at least a 50 percent vacancy rate at the date of application to either the Planning Department or, if the property’s development does not require site plan approval from the Planning Department, Department of Permitting Services under Section 3.3.2.B of Chapter 59;

      (B)   the property’s development meets all the requirements of an expedited approval plan under Section 7.3.5 of Chapter 59, except that if a property’s development does not require site plan approval from the Planning Department it is not required to meet the requirements of an expedited approval plan but must obtain the building permit within 2 years of acceptance by the Department of Permitting Services of the building permit application that includes the core and shell of the principal building; and

      (C)   at least 17.5 percent of the dwelling units located on the property are built under a government regulation or binding agreement with the County limiting the rent charged for the unit for at least 25 years to make the unit affordable to households earning 60 percent or less of the area median income.

    The offer must exempt 100 percent of the real property tax that would otherwise be levied for a period of at least 20 years beginning in the year a use and occupancy permit is issued for the qualifying development, but no more than the number of years that rents charged for 17.5 percent of the dwelling units must remain restricted to households earning 60 percent or less of the area median income.

  (d)   The Director must not offer a payment in lieu of taxes for a qualifying housing development under this Section for any property that has already received a payment in lieu of taxes under any Section.

  (e)   Any payment accepted by the Director must conform to guidelines included in a regulation adopted by the Executive under method (2).  Before the Director accepts a payment in lieu of taxes, the Director must consult the Director of the Department of Housing and Community Affairs on whether:

    (1)   the subject of the payment is a qualifying housing development; and

    (2)   the amount of the payment complies with applicable guidelines.

  (f)   The Executive, in each annual operating budget submitted to the Council, must calculate the amount of pending payments in lieu of taxes already approved under this Section, including payments for housing developments owned or controlled by an authority or housing authority entity.

  Sec. 4. Transition.  If a property has obtained site plan approval from the Planning Board by the effective date of this legislation, then the property is eligible for a payment in lieu of taxes under Section 52-24(c)(4), as amended by this Act, if it otherwise complies with subparagraphs (4)(A) and (4)(C) of Section 52-24(c), as amended by this Act, and an applicant for the property: (i) applies for a building permit, which is accepted by the Department of Permitting Services and includes the core and shell of the principal building, within 2 years of the earlier of the date of the Planning Board’s resolution or the effective date of this legislation; and (ii) obtains the building permit within 2 years of acceptance by the Department of Permitting Services of the building permit application that includes the core and shell of the principal building.

  Sec. 5. Sunset.  This Act must sunset and must have no further force and effect after 10 years from the effective date of this legislation, except that any agreements entered into prior to the sunset must remain in full force and effect.

**Sec. 52-24A. Payments in lieu of taxes for certain property leased from WMATA.**

  (a)   Definitions.  In this Section, the following words have the following meanings:

Director means the Director of the Department of Finance or the Director’s designee.

High-rise residential apartment building means a multi-family building with an occupied floor that is more than 8 stories above ground level and is used primarily for dwelling units for rent to the public.

Metro station means a mass transit train station owned and operated by the Washington Metropolitan Area Transit Authority.

Qualifying development means a project where at least 50% of the project consists of the construction of one or more high-rise residential apartment buildings located on land leased from WMATA at a metro station. A qualifying development must include at least 25% of the moderately priced dwelling units required by Chapter 25A affordable to households at 50% of the area median income.

Washington Metropolitan Area Transit Authority or WMATA means the regional transit instrumentality of the State of Maryland, Commonwealth of Virginia, and the District of Columbia created by Compact and described in Md. Transportation Code Ann. §10-204, as amended.

  (b)   When authorized by state law, the Director must offer a payment in lieu of taxes for a qualifying development.

  (c)   The payment in lieu of taxes must exempt 100% of the real property tax that would otherwise be levied for a period of 15 years.  The Director may begin the payment in lieu of taxes in the year a use and occupancy permit is issued for the qualifying development or in the second year property tax for the qualifying development is levied, regardless of subleases or assignments executed by the lessee. The payment in lieu of taxes must not include an exemption for any tax levied under an applicable special taxing area law.

  (d)   Any payment accepted by the Director must conform to guidelines included in a regulation adopted by the Executive under method (1) to implement this Section. The regulation must require the developer of the qualifying project, as a condition of receiving a payment in lieu of taxes under subsection (c), to agree in writing that, to the best of its knowledge, information, and belief:

    (1)   none of the contractors or subcontractors hired to perform work on the qualifying development site had three (3) or more final, non-appealable penalties assessed against it in the amount of $5,000.00 or more in the 3 years prior to being hired for the project for violations of applicable wage and hour laws, including the County’s prevailing wage law and any applicable Maryland wage and hour laws; and

    (2)   at least 25% of the workers constructing the qualifying project were residents of the County while performing the work.

The regulation must also require the developer to provide quarterly reports to the Executive during construction demonstrating compliance with the conditions for receiving a payment in lieu of taxes.

  (e)   A developer of a qualifying project who violates the guidelines included in the regulation adopted under subsection (d) has committed a Class A violation.

  (f)   This Act must be known as the “Housing at Metrorail Stations Act.”

  (g)   Sunset. A qualifying development is eligible and includes all buildings within its preliminary plan so long as the preliminary plan’s approval occurs before December 31, 2032. For single buildings not part of a multi-building preliminary plan, the building is eligible so long as the sketch or site plan approval occurs before December 31, 2032.

### Article Ii. Tax Sales.

**Sec. 52-25. Sale of property for taxes generally.**

  At any time after March 1 next succeeding the date taxes are due and unpaid, payment may be enforced by sale, as provided by law. The director of finance shall make or cause to be made up a list of all taxes which are due and unpaid, which shall contain the amount thereof, the interest and penalties thereon, the property affected thereby, the name of the owner thereof as such name appears on the assessment records of the county, a brief description of the property sufficient to identify the same and such references to conveyances or other records of title as will identify the property. To such list shall be appended a notice that if taxes, penalties and interest thereon are not paid on or before the second Monday in June next ensuing, together with the expenses of sale allowable by state law, the director of finance will, commencing on the second Monday in June at an hour and place specified in such notice, offer or cause to be offered for sale to the highest bidder upon the terms provided by public general law each and every parcel of property contained in such notice. Such notice and list shall be published in accordance with the applicable provisions of the public general laws, and the last publication thereof shall appear on or before the second Monday in June. Commencing on the second Monday in June, the director of finance shall proceed to sell or cause to be sold at auction to the highest bidder all such properties upon which the taxes are due and unpaid; but no such property shall be sold for a sum less than the total amount provided by applicable public general law. In addition to the expenses of sale allowable by state law and such interest and penalties as provided for elsewhere in this chapter, the director of finance shall impose on each parcel of property published a penalty charge of twenty dollars ($20.00).

**Sec. 52-26. Purchase of property by county; issuance of certificates of indebtedness, etc.**

  (a)   The county is hereby authorized and empowered to purchase any real estate offered for sale for the payment of taxes and special assessments; provided, it shall not bid a sum greater than the taxes and special assessments in arrears on such property and the interest and expenses of sale and costs and fees, and to sell or lease the same as shall be deemed to be in the best interests of the county. The county is authorized and empowered to issue upon its faith and credit at one time or from time to time as may be necessary, certificates of indebtedness in an amount not exceeding the amount of such taxes or special assessments, interest, penalties, costs and fees, in anticipation of the receipt of money from the redemption and from the sale of property sold for such taxes or special assessments; provided, however, that the amount of such certificates of indebtedness shall not in the aggregate at any time exceed twenty (20) percent of the total amount of taxes or special assessments levied for the year for which such certificates are issued.

  (b)   The certificates of indebtedness so issued in anticipation of the receipt of money from the redemption and from the sale of property sold for taxes or special assessments in any year shall be identified by the year in which such sale is made and designated “Certificates of Indebtedness, 19___,” and shall mature not later than October 1 of the fifth year after the year in which such sale for taxes or special assessment is made. Such certificates of indebtedness shall bear interest at a rate to be determined by the county executive, with the approval of the council, payable semiannually or at shorter intervals, and shall be sold in such manner and on such terms as the county executive shall determine to be for the best interests of the county, and if for any reason certificates of indebtedness issued against property purchased by the county at any tax sale have been retired in whole or in part before the time limit for maturity as specified in this section new certificates may be issued, the total principal of which shall exceed neither the amount of principal previously retired nor the amount of taxes, interest, penalties, expenses of sale, costs and fees on property purchased by the county for such year remaining unredeemed at the time of issuance of such new certificates, but all such certificates of indebtedness shall mature within the time herein limited for the maturity of the original certificates of indebtedness.

  (c)   The county executive shall by regulation fix the form of such certificates of indebtedness, the officers by whom they shall be executed, the amounts, the medium of payment and the place in Maryland or elsewhere at which they shall be payable. Such certificates of indebtedness may be renewed from time to time by endorsement thereon or new certificates of indebtedness may be issued from time to time for the payment of such certificates issued hereunder as may mature and all such new certificates may be issued in the same manner as herein provided not exceeding the total principle of the maturing certificates and shall mature within the time herein limited for the maturity of the original certificates of indebtedness. All money received from the redemption and from the sale of property sold for taxes or special assessments in any year shall be kept in a separate fund, identified by the year in which the sale for taxes or special assessments is made and designated as “19___ Tax Sale Fund,” and shall be applied solely to the payment of the principal and interest of certificates of indebtedness and renewals thereof or new certificates, issued in anticipation of the receipt of such money. The county may purchase or redeem before maturity any of such certificates offered.

  (d)   In each year in which property is sold for taxes or special assessments there shall be included in the annual tax levy an amount sufficient to pay one (1) year’s interest on all certificates of indebtedness authorized or to be authorized by the county in anticipation of the receipts of money from the redemption and from the sale of property sold for such taxes or special assessments. In each year thereafter there shall be included in the annual tax levy an amount sufficient to provide for the payment of the principal and interest of all certificates of indebtedness as the same shall fall due; provided, however, that the amount of such tax shall be reduced by the amount received into the fund which is pledged to the payment of such certificates of indebtedness. After the payment of the principal and interest of all certificates of indebtedness issued in anticipation of the receipt of money from the redemption and sale of property sold for taxes or special assessments in any year, all funds received from the sale or redemption of property sold for such taxes or special assessments shall be paid into the general fund of the county. Money received from the sale of certificates of indebtedness shall be used so far as necessary for the payment of appropriations made for the fiscal year in which the tax sale occurs or for the payment of loans or interest thereon made for the purpose of paying such appropriations.

**Sec. 52-27. Sale of properties purchased by county at public auction.**

  (a)   On or before October 15 of each year, the county shall cause to be offered for sale at public auction all properties which it has purchased at tax sale and which are no longer subject to redemption. One (1) or more of the properties may be so offered at such other times as the county executive may determine. Each such property shall be offered at such auction at an upset price equal in amount to all taxes and assessments thereon which are due and unpaid, together with interest thereon to the date of the sale, plus all costs and penalties allowable by law, plus the cost of advertising and selling such property at auction sale. Upon a finding by the county executive that such upset price is, in the case of a particular piece of property, either too high or too low, the county executive may, by regulation fix an upset price at a figure other than that provided for in this section; provided, that such finding and the basis therefor are recited in the regulation. At any time prior to the date of any such auction the county executive may withdraw any of the properties from the sale for the purpose of

    (1)   Conveying properties to any governmental agency or political subdivision; or

    (2)   For retention for use by the county; or

    (3)   Whenever there was no bid equal to or greater than the upset price at a previous public auction, the county executive may dispose of the property in the manner prescribed by subsection(b) of this section.

  (b)   After any such property has been offered for sale at public auction one (1) or more times, it may be sold at private sale at the best price obtainable by the county executive, subject to the approval of the council.

**Sec. 52-28. Describing owners as heirs of a named person; conveyance to devisees or heirs of purchaser.**

  Any sale of lands by the director of finance when the owners are described as the heirs of a named person shall pass the title as fully as if such heirs were each named in the proceedings by his other proper name; and if the purchaser of any real estate sold by the director of finance for the payment of taxes shall die without having procured a deed therefor the director of finance may convey the real estate to the devisees or heirs of the purchaser.

### Article Iii. Real Property Transfer Tax.

**Sec. 52-29. Definitions.**

  For the purposes of this article, the following words and phrases shall have the meaning respectively ascribed to them by this section:

  (a)   Consideration: Such term shall include everything of value included in the actual price paid or to be paid to a transferor or to a third party on behalf of a transferor for the property transferred, including, but not limited to, cash, bonds, stock, documents evidencing monetary value, choses in action, property either real or personal, payment by way of fees, labor or services, instruments of credit, notes, deeds of trust, mortgages, assumption of liability for debt incurred by another and cancellation of a debt. Consideration shall be presumed to be not less than the total full cash value of the property based on the most recent notice of assessment. For the purposes of the farmland transfer tax contained in Section 52-31(d), consideration for the transfer of land previously assessed as farmland shall be presumed to be not less than the total full cash value as computed by the supervisor of assessments at the request of the director of finance, as if the land were not assessed as farmland. These presumptions may be rebutted by clear and convincing evidence. The director may make a final determination of consideration pursuant to Section 52-36 of the Code.

  (b)   Transfer: The acts of the parties, or act or operation of law, by which:

    (1)   The title to property or a leasehold interest in property is conveyed from a person, firm, corporation, legal entity, or government agency to another; or

    (2)   Real property subject to Section 52-31 is transferred to a government agency on the assessment records and removed from the tax rolls under the laws of eminent domain.

  (c)   Act or operation of law: Any act by which title to or an interest in property is transferred by law, or judicial or administrative action including, but not limited to, a taking under the power of eminent domain or the acquisition of property for a public purpose.

  (1) Is assessed on the basis of farm or agricultural use; and

  (2) On or after July 1, 1984, is transferred to a government agency on the assessment records and removed from the tax rolls under the laws of eminent domain.”

**Sec. 52-30. Authority to levy tax.**

  (a)   The county council for Montgomery County is empowered and authorized to levy and impose by resolution or ordinance a tax to be paid and collected on the transfer in Montgomery County of:

    (1)   Any fee simple interest in real property, except by way of mortgage, deed of trust, or deed of trust for the benefit of creditors;

    (2)   Stock or other evidence of ownership in a cooperative housing corporation or similar entity;

    (3)   Any leasehold interest in real property, where such lease contains a covenant for perpetual renewal; and

    (4)   Any nonresidential leasehold interest in real property where there is a simultaneous or subsequent transfer of the fee interest in the real property to:

      (i)   Any transferee or assignee of the leasehold; or

      (ii)   Any entity in which a transferee or assignee of the leasehold has any interest.

  (b)   The rate of such tax shall not exceed:

    (1)   Six percent of the value of the consideration for any transfer of land, excluding improvements thereon, that is or was assessed on the basis of being actively devoted to farm or agricultural use. The tax shall be paid by the transferor of the land. The tax does not apply to a transfer of land if the land was subject to the tax at the time of a previous transfer. The revenue derived from the tax shall be used for agricultural land preservation programs or other programs that support agriculture in the county. The tax shall be reduced by 65% if the land was assessed on the basis of any assessment other than the farm or agricultural use assessment for 5 or more full consecutive taxable years before the transfer; or

    (2)   Six percent of the value of the consideration for any transfer of real property which, after the effective date of any such rate of tax has been rezoned to a more intensive use at the instance of the transferor, transferee, or any other person who has or had at the time of application for rezoning a financial, contractual, or proprietary interest in the property, but excluding the value of improvements constructed after such rezoning; or

    (3)   Four percent of the value of the consideration for the initial transfer of a residential unit subject to a condominium regime offered for rent for residential purposes prior to the establishment of the condominium regime. The tax shall be paid by the initial transferor of the residential unit. The tax shall be in addition to the tax provided in paragraph (5) of this subsection; or

    (4)   Four percent of the value of the consideration for the initial transfer of stock or other evidence of membership in a cooperative housing corporation or similar entity where such stock corresponds to a residential unit which is being converted from rental status to a system of cooperative housing corporation ownership under which title to a multi-unit residential facility is held by a corporation, the shareholders or members of which, by virtue of such ownership or membership, are entitled to enter into an occupancy agreement for a particular residential unit. This tax shall not be applicable to transfers made pursuant to the purchase of a building by or on behalf of a bona fide tenants association. The tax shall be paid by the initial transferor of the residential unit and shall be in addition to the tax provided in paragraph (5) of this subsection; or

    (5)   One percent of the value of the consideration for any other transfer including any nonresidential leasehold interest and fee interest under subsection (a)(4) of this section based on the:

      (i)   Average annual rent over the term of the lease, including renewals, capitalized at 10 percent plus any additional consideration payable, other than rent; or

      (ii)   If the average annual rent can not be determined, the greater of:

        1.   105 percent of the minimum average annual rent, as determined by the lease, capitalized at 10 percent, plus any additional consideration payable, other than rent; or

        2.   150 percent of the assessment of the real property subject to lease.

  (c)   No transfer of any interest in such property shall be taxed hereunder where the transfer is to any nonprofit hospital or nonprofit religious or charitable organization, association or corporation, nor to any municipal, county or State government, or instrumentalities, agencies or political subdivisions thereof; provided, that no exemption shall be granted hereunder to a transfer under paragraph (b)(1) of this section unless the transferor is a nonprofit hospital or nonprofit religious or charitable organization, association or corporation, or a municipal, county or State government, or instrumentality, agency or political subdivision thereof. The county council may provide for any additional exemptions from the provisions of this section.

  (d)   No tax levied pursuant to this section shall apply to transfers pursuant to contracts or agreements entered into prior to the effective date of such tax.

  (e)   The county council is further empowered and authorized to fix a penalty not in excess of one thousand dollars or imprisonment not exceeding six months, or both such fine and imprisonment, for violation of the provisions of any resolution or ordinance of the county council adopted pursuant to this section.

**Sec. 52-31. Levied; amount.**

  There is hereby levied a tax on (1) each transfer in the County of a fee simple interest in real property, except a transfer by mortgage, deed of trust, or deed of trust for the benefit of creditors, (2) the initial transfer of stock or other evidence of ownership in a cooperative housing corporation or similar entity, and (3) each transfer of a leasehold interest in real property where the lease or instrument by which a leasehold interest is transferred contains a covenant for perpetual renewal, known as ground rent. The tax must be computed on the value of the full consideration for each transfer at the following rates:

  (a)   On improved residential property:

    (1)   One-quarter of one (0.25) percent on property where the value of the full consideration is less than forty thousand dollars ($40,000.00);

    (2)   One-half of one (0.50) percent on property where the value of the full consideration is forty thousand dollars ($40,000.00) or more, but less than seventy thousand dollars ($70,000.00); and

    (3)   One (1) percent on property where the value of the full consideration is seventy thousand dollars ($70,000.00) or more.

Where the transfer is subject both to the tax imposed by this subsection and the tax imposed by another subsection of this section, the tax imposed by the other subsection shall be the only tax imposed on the transfer. "Improved property" means real property that includes a structure that is under roof, plastered or ceiled, and trimmed.

  (b)   On improved nonresidential property, one (1) percent regardless of the value of the full consideration.

Where the transfer is subject both to the tax imposed by this subsection and the tax imposed by another subsection of this section, the tax imposed by the other subsection shall be the only tax imposed on the transfer. "Improved property" means real property that includes a structure that is under roof, plastered or ceiled, and trimmed.

  (c)   On unimproved property, one (1) percent regardless of the value of the full consideration.

  (d)   On land assessed as farmland, a percentage of the value of the consideration for the transfer of land, excluding improvements thereon, which, while owned by the transferor, has been assessed and taxed at any time during the five (5) years preceding transfer on the basis of being actively devoted to farm or agricultural use, said tax to be paid by the transferor of such land, which percentage shall vary according to the following schedule:

    (1)   Land assessed and taxed to the transferor for one (1) year on the basis of farm or agricultural use, two and four-tenths (2.4) percent.

    (2)   Land assessed and taxed to the transferor for two (2) years on the basis of farm or agricultural use, three and eight-tenths (3.8) percent.

    (3)   Land assessed and taxed to the transferor for three (3) years on the basis of farm or agricultural use, five and two-tenths (5.2) percent.

    (4)   Land assessed and taxed to the transferor for more than three (3) years on the basis of farm or agricultural use, six (6) percent.

    (5)   Land zoned Rural Density Transfer Zone (RDT) or its successor zone, or land covered by a permanent easement prohibiting development for residential or other nonagricultural use, one (1) percent.

      Improvements and land which were not assessed based on farm or agricultural use and are not subject to the farmland transfer tax levied under this subsection and are transferred as a part of a transaction including a transfer of land previously assessed as farmland, shall be taxed as provided in other subsections of this section as if such improvements and land were not part of a transaction including farmland. Consideration for the improvements and non-farm-assessed land shall be presumed to be the total full cash value most recently determined by the supervisor of assessments based on the most recent notice of assessment. The presumption may be rebutted by clear and convincing evidence.

      Where the transfer is subject both to the tax imposed by this subsection and the tax imposed by subsection (e) of this section, the tax imposed by subsection (e) shall be the only tax imposed on the transfer.

      The county executive may from time to time issue written regulations adopted under method (3) of section 2A-15 of this Code, pertaining to the collection of the tax levied in this subsection.

  (e)   On rezoned property, 6 percent of the value of the consideration for any transfer of real property which has been rezoned to a more intensive use at the request of the transferor, transferee, or any other person who has or had at the time of application for rezoning a financial, contractual or proprietary interest in the property, not including the value of any improvement constructed after the rezoning. “Rezoned” as used in this subsection means the classification, reclassification, or change from one zone to another of any property by local map amendment under Chapter 59. “Rezoned to a more intensive use” as used in this subsection means a classification, reclassification, or change in zone which permits a greater number of dwelling units per acre in any residential zone, or which permits a greater number of permitted uses regardless of area or allows more floor area in a commercial, commercial/residential, employment, or industrial zone, or is from any residential zone to any commercial, commercial/residential, employment, or industrial zone, or is from any industrial zone to any commercial, commercial/residential, or employment zone.

  “Rezoned to a more intensive use” does not include:

    (1)   A zoning from a residential zone to a residential floating zone if the approved floating zone plan, including any amendments to the plan, does not increase the total number of permitted dwelling units and does not permit commercial or industrial uses, but the transfer must be subject to any tax otherwise due under this subsection if at any time an amendment to the floating zone plan increases the total number of permitted dwelling units or permits commercial or industrial uses;

    (2)   A zoning from a residential zone to a commercial, commercial/residential, or employment, zone within one year after the property was down zoned from a zone of equal or greater intensity to a residential zone by sectional map amendment;

    (3)   A rezoning from an industrial zone to a commercial, commercial/residential, or employment, zone which:

      (i)   Is necessitated by a previously adopted amendment to Chapter 59 that was not requested by the transferor, transferee, owner or former owner of the real property, or by any person who has or has previously had an interest of any kind in the property, including a contractual interest; and

      (ii)   Allows establishment or continuance of a use or uses which were permitted uses on the property under the industrial zone immediately before the text amendment, to which use or uses the property was restricted by bona fide covenants recorded among the land records before July 1, 1971, and which covenants are in effect at the time of a transfer; or

    (4)   a rezoning of any property that is located in an enterprise zone when the property is transferred.

The taxpayer may deduct from the consideration on which the tax is based any cost actually incurred by the transferor for public improvements, such as sewer, water, roads, sidewalks, storm drainage structures, and permanent soil erosion and sediment control measures, if the taxpayer submits satisfactory proof of costs documented by certificates from public agencies where applicable, but the rate of the tax on a single transfer must not exceed 6 percent of the bona fide market value consideration for the transfer. If a transfer is subject both to the tax imposed by this subsection and the tax imposed by subsection (d), the tax imposed by this subsection must be the only tax imposed on the transfer. Any tax collected under this subsection must be collected only once on the first taxable transaction after each rezoning to a more intensive use, and any transfer that does not follow a rezoning to a more intensive use must be taxed at the rates applicable under other subsections of this section. The Executive may issue regulations under method (3) regarding the collection of the tax levied in this subsection.

  (f)   On condominium property, four (4) percent of the value of the consideration for the initial transfer of a residential unit subject to a condominium regime, which unit was offered for rent for residential purposes prior to the establishment of the condominium regime.

    (1)   The tax shall be paid by the transferor initially transferring a unit and shall be in addition to the taxes imposed under subsection (a) of this section.

    (2)   No transfer of any interest in real property shall be taxed under this subsection where:

      (A)   The transfer is pursuant to a bona fide contract or agreement for sale of the individual unit entered into prior to July 28, 1980; or

      (B)   The transfer is of a unit in a condominium regime established by recording a declaration, bylaws and condominium plat, before July 28, 1980, under the Maryland Condominium Act, Title 11 of the Real Property Article of the Maryland Code. For purposes of this subsection, residential units contained in an expanding condominium regime established by recording a declaration, bylaws and condominium plat before July 28, 1980, but not added to the established condominium regime by that date, shall continue to be exempt from taxation under this subsection if the unit becomes a condominium unit in an established condominium regime by the last date for establishment of units in the expanded condominium as contained in the declaration filed before July 28, 1980, either as a part of the original expanding condominium or as a part of a separate condominium.

    (3)   All taxes and interest collected and received pursuant to this subsection shall be paid into a special fund to be used to preserve multiunit rental residential facilities, to support construction of new rental facilities, to provide rental assistance and financing assistance to eligible persons, to otherwise mitigate the impact on tenants displaced or threatened with displacement by the conversion of a multiunit residential rental facility to a condominium or cooperative, to provide affordable housing, and for any other purpose related to the loss of rental housing as set forth in regulations to be adopted by the county executive. The executive must transfer any balance in this fund not committed to an existing project, and any revenue the fund receives after May 15, 1988, to support the Montgomery Housing Initiative established under section 25B-9.

    (4)   The county executive may adopt regulations, under method (2) of section 2A-15 of this Code, for the implementation of the purposes set forth above. Expenditures from the fund shall be authorized by appropriation by the county council.

    (5)   Where the transfer of a unit is subject to this tax and is subject to tax under subsection (d) or (e) of this section the director of finance shall collect at the rate which shall yield the highest return; and all taxes and interest collected shall be paid into the special fund provided in paragraph (3) of this subsection.

  (g)   On cooperative housing, 4% of the value of the consideration for the initial transfer of stock or other evidence of membership in a cooperative housing corporation or similar entity where such stock corresponds to a residential unit which is being converted from rental status to a system of cooperative housing corporation ownership under which title to a multi-unit residential facility is held by a corporation, the shareholders or members of which, by virtue of such ownership or membership, are entitled to enter into an occupancy agreement for a particular residential unit.

    (1)   The tax shall be paid by the transferor initially transferring the stock or other evidence of membership in a cooperative housing corporation or similar entity, corresponding to a residential unit, and shall be in addition to other taxes imposed by subsection (a) of this section.

    (2)   No transfer of stock or other evidence of ownership in a cooperative housing corporation or similar entity shall be taxed under this article where:

      (A)   The transfer is made pursuant to the purchase of a building by or on behalf of a bona fide tenants' association; or

      (B)   The transfer is made pursuant to a bona fide contract or agreement for sale of the stock or other evidence of membership corresponding to a residential unit entered into prior to July 1, 1981; or

      (C)   The transfer is of stock or other evidence of membership in a cooperative housing corporation which, prior to July 1, 1981, had been specifically incorporated as a cooperative and was the owner in fee simple of the multifamily residential facility.

    (3)   All taxes and interest collected and received pursuant to this subsection shall be paid into the special fund established under subsection (f)(3) of this section.

    (4)   The county executive may adopt regulations, under method (2) of section 2A-15 of this Code, for the implementation of the purposes set forth above. Expenditures from the fund shall be authorized by appropriation by the county council.

    (5)   Where the transfer of the stock corresponding to a residential unit is subject to this tax and is subject to tax under subsection (d) or (e) of this section the director of finance shall collect at the rate which shall yield the highest return; and all taxes and interest collected shall be paid into the special fund provided in subsection (f) of this section.

    (6)   The tax levied by this subsection shall be paid prior to the actual transfer of the stock or other evidence of membership. The tax shall be paid to the county at the office of the director of finance and shall be evidenced by the affixing of an official stamp upon the stock certificate, membership certificate or other instrument of conveyance, showing the amount of the tax paid. At the time of payment, the person paying such tax shall present to the director, in a form prescribed by the director, a signed statement setting forth the actual and true value of the consideration for the transfer. The person paying the tax shall be given a receipt for such payment. This paragraph shall be applicable to this subsection only and shall supersede any of the provisions of Section 52-32, to the extent they are inconsistent.

    (7)   For purposes of this subsection, a transfer or issuance of stock or other evidence of membership from the cooperative housing corporation to the developer shall not be deemed to be the initial transfer. The county executive may from time to time issue written regulations, adopted under method (2) of section 2A-15 of this Code, to define any terms or to effectuate the purposes of this subsection.

    (8)   It shall be the duty of the transferor to keep and preserve, for a period of three (3) years, a record of transfers that have occurred and the amount of consideration for each transfer. The director of finance, or his designee, shall have the right to inspect these records at all reasonable times.

  (h)   On any nonresidential leasehold interest in real property, one percent of the value of the consideration, where there is a simultaneous or later transfer of the fee interest in the real property to any transferee or assignee of the leasehold, or any entity in which a transferee or assignee of the leasehold has any interest. The consideration for tax purposes must be:

    (1)   The average annual rent over the term of the lease, including renewals, capitalized at ten (10) percent, plus any additional consideration payable, other than rent; or

    (2)   If the average annual rent cannot be determined, the greater of:

      (i)   One hundred five (105) percent of the minimum average annual rent, as determined by the lease, capitalized at ten (10) percent, plus any additional consideration payable, other than rent; or

      (ii)   One hundred fifty (150) percent of the assessed value of the real property subject to lease.

  (i)   Where transfers are taxable under more than one subsection of this section, the director of finance must collect the tax at the rate which yields the highest return.

**Sec. 52-32. When payable; evidence of payment on conveyance; receipt for payment.**

  The tax levied by this article shall be paid at the time of or prior to presentation of the instrument of transfer to the supervisor of assessments for the county for transfer of such property on the assessment books of the county or certification by the director of finance of the payment of ad valorem property taxes. In the case of any transfer of an interest in real property not required by public general law of this state or other local law or ordinance to be transferred on the assessment records of the county or to be certified as to property tax payments, the tax herein levied shall be paid before any instrument conveying such an interest shall be presented to the clerk of the circuit court for recordation. The tax shall be paid to the county at the office of the director of finance and shall be evidenced by the fixing of an official stamp upon the deed or instrument of conveyance by the director of finance or his authorized representative, showing the amount of the tax paid. At the time of payment, the person paying such tax shall present to the director of finance, in a form prescribed by the director, a signed statement setting forth the actual and true value of the consideration for the transfer. The person paying the tax shall be given a receipt for such payment.

**Sec. 52-33. Conveyances not to be accepted for recordation unless stamped.**

  The clerk of the circuit court shall not accept for recording any instrument upon which a tax is payable under the provisions of this article unless such instrument has the official stamp of the director of finance affixed thereto.

**Sec. 52-34. Certain transfers exempt from tax.**

  (a)

    (1)   A transfer of any interest in property is not subject to tax if the property is transferred to:

      (A)   any nonprofit hospital or nonprofit religious or charitable organization, association or corporation, or

      (B)   any municipal, County or State government, or any instrumentality, agency, or political subdivisions thereof.

    (2)   However, an exemption must not be granted to a transferor under Section 52-31(d) unless the transferor is a nonprofit hospital or nonprofit religious or charitable organization, association or corporation, or a municipal, County or State government or an instrumentality, agency or political subdivision thereof.

  (b)   A transfer, by will or descent, of real property is not subject to tax.

  (c)   A transfer of any interest in real property is not subject to tax if the transfer is between spouses or former spouses of real property owned by them jointly or individually, underthe terms of a separation agreement or divorce decree adjusting the parties' respective equities and rights in the real property.

  (d)

    (1)   A transfer of improved residential property in a cooperative housing corporation to the owner of a cooperative interest in the same corporation is not subject to tax if:

      (A)   the corporation consists of single-family detached residential units and was established on or before January 1, 1970; and

      (B)   the transfer is incident to or part of the termination of the corporation.

    (2)   However, a transfer covered by subsection (1) is not exempt from tax if:

      (A)   the transfer is incident to or part of the conversion of the corporation to a condominium; or

      (B)   the property is transferred to a person who:

        (i)   does not occupy the residential unit transferred; or

        (ii)   has received the same exemption for another property transferred as part of the same corporate termination.

  (e)

    (1)

      (3)   The transfer of an interest in improved residential owner-occupied property is exempt from the transfer tax, to the extent allowed in paragraph (3), if the value of the full consideration is not more than $250,000.

    (2)   To receive an exemption under this subsection, the transferee must submit a statement signed under oath that the residence will be occupied by the transferee.

    (3)   The exemption under this subsection applies only to the first $500 of transfer tax payable by the transferee under the sales contract.

    (4)   The exemption under this subsection applies only if the contract to transfer the property is ratified on or after July 1, 1994, and on or before June 30, 1996, and settlement is completed by September 30, 1996.

  (f)   Transfers between spouses or domestic partners.  The transfer of an interest in real property is not subject to tax if the transfer is between:

    (1)   spouses or former spouses; or

    (2)   domestic partners or former domestic partners of the same sex.

  (g)   Transfers between relatives.  When property is transferred subject to an existing mortgage or deed of trust, the transfer tax does not apply to the unpaid principal balance of debt secured by the mortgage or deed of trust if the property is transferred to the transferor’s:

    (1)   son, daughter, stepson, or stepdaughter;

    (2)   parent or stepparent;

    (3)   son-in-law, daughter-in-law, stepson-in-law, or stepdaughter-in-law;

    (4)   parent-in-law or stepparent-in-law; or

    (5)   grandchild or step-grandchild.

**Sec. 52-35. Deferred payment.**

  (a)   Montgomery County may by law provide for deferred payment of any county transfer tax levied on owner-occupied, single-family residential property, at the rate of interest prescribed in section 14-606 of the Tax-Property Article and on such other terms as it may prescribe.

  (b)   The unpaid balance of the transfer tax plus interest shall be a lien on the property affected.

  (c)   Montgomery County may issue annually tax anticipation notes in an amount not to exceed the amount of taxes deferred as provided in subsection (a) of this section.

**Sec. 52-36. Consideration or valuation understated.**

  (a)   Where the director of finance has reason to believe that the consideration for property or valuation of property is understated on the transfer tax form, the director of finance, at his or her discretion, may request the supervisor of assessments for the county or a professional real estate appraiser to make an appraisal of the property.

  (b)   The director of finance shall make a final determination of the consideration for the transfer and the amount of transfer tax due. The director of finance shall consider the appraisal of the property and such other facts and information which the director deems appropriate. The director shall notify the transferor and transferee in writing of his decision. Where the final determination of the director is made after payment of the tax, any additional tax shall be immediately due, and interest on the difference shall run from the date of initial payment of tax at a rate at which interest is charged on overdue real property taxes. The transferee and transferor shall be jointly and severally liable for the payment of the difference in tax due.

**Sec. 52-37. Refund of tax when transfer not effected.**

  In the event a transfer subject to the tax imposed by this article does not in fact occur after such tax has been paid and the instrument is thus not recorded as required by law with the clerk of the circuit court or the transfer is set aside by judicial decree, the director of finance shall refund the tax paid, without interest; provided, that application in a form prescribed by the director is made within six (6) months from payment of such tax, or within six (6) months from the date of the judicial decree setting aside such transfer.

**Sec. 52-38. Penalty for violation of article.**

  Any person who fails, neglects or refuses to comply with the provisions of this article or any person who makes a false statement as to value of consideration or fraudulently affixes or attempts to affix to any document a forged or counterfeit impression of any receipt or stamp of the director of finance shall be subject to punishment for a class A violation as set forth in section 1-19 of chapter 1 of the County Code.

### Article Iv. Development Impact Tax for Transportation Improvements.

**Sec. 52-39. Definitions.**

  In this Article the following terms have the following meanings:

  Additional capacity means a new road, adding an additional lane or turn lane to an existing road, or another transportation improvement that:

  (1)   increases the maximum theoretical volume of traffic that a road or intersection can accommodate, or implements or improves transit, pedestrian and bike facilities or access to non-auto modes of travel; and

  (2)   is classified as a minor arterial, arterial, parkway, major highway, controlled major highway, or freeway in the County’s Master Plan of Highways, or is similarly classified by a municipality.  The Director of Transportation may find that a specified business district street or industrial street also provides additional capacity as defined in this provision.

  Additional capacity is sometimes referred to as added “highway capacity,” “transportation capacity,” or “intersection capacity”.

  Adequate Public Facilities Ordinance (APFO) means Section 50-35(k).

  Adequate Public Facilities Ordinance policy area transportation adequacy standards means standards by which the area-wide adequacy of transportation facilities serving a proposed development are judged. APFO policy area transportation adequacy standards do not include requirements for other on-site or off-site transportation improvements that may be separately required or standards relating to local area review which may be independently required.

  Agricultural facility means a building or structure, or portion of a building or structure that is used exclusively for the storage or processing of an agricultural product to prepare the product for market and is located in the Agricultural Reserve, Rural Residential, RE-1 or RE-2 Zones.

  Applicant means the property owner, or duly designated agent of the property owner, of land on which a building permit has been requested for development.

  Bioscience facility means any biological research and development or manufacturing facility that substantially involves research, development or manufacturing of:

  (1)   biologically active molecules,

  (2)   devices that employ or affect biological processes,

  (3)   devices and software for production or management of specific biological information, or

  (4)   products or materials that purify or handle biologically active products;

  Building permit means a building permit issued by the Department of Permitting Services under Chapter 8.

  Capital improvements program (CIP) means the current adopted six-year capital improvements program.

  Charitable, philanthropic institution means a private, tax-exempt organization whose primary function is to provide services, research, or educational activities in areas such as health, social service, recreation, or environmental conservation.

  Clergy House means a single-family dwelling unit provided for the designated religious leader of a place of worship to live.

  Construction means the planning, design, acquisition of land, site improvements, utility relocation, building, and initial furniture and equipment for a capital project.

  Cultural institution means any privately-owned or -operated structure and land where works of art or other objects are kept and displayed, or where books, periodicals, and other reading material are offered for reading, viewing, listening, study, or reference, but not typically offered for sale. Cultural institution includes a museum, cultural or art exhibit, and library.

  Demolish means to tear down or destroy an entire building or structure, or 67 percent or more of first-story exterior walls of a one-family or two-family dwelling unit. Demolish includes the conversion of an exterior wall into an interior wall. Basement and cellar walls are not considered exterior walls.

  Development means the carrying out of any building activity or the making of any material change in the use of any structure or land which requires issuance of a building permit and:

  (1)   Increases the number of dwelling units; or

  (2)   Increases the gross floor area of nonresidential development.

  Development impact tax means a pro rata per unit or per square foot of gross floor area tax imposed before a building permit is issued for development which is intended to defray a portion of the costs associated with impact transportation improvements that are necessary to accommodate the traffic generated by the development.

  Dwelling unit means the definition given to dwelling unit by Chapter 59.

  Farm tenant dwelling means a dwelling unit under the control of the owner or operator of the farm on which the dwelling unit is located and occupied by an agricultural worker actively engaged in farming on a full-time or part-time basis.  Farm Tenant Dwelling includes up to three mobile homes.  A Farm Tenant Dwelling is not restricted by the definition of household.

  General plan refers to “On Wedges and Corridors  . . .  A General Plan for the Maryland- Washington Regional District,” as amended, adopted by the Montgomery County Planning Board and approved by the Montgomery County District Council.

  Gross floor area means the sum of the gross horizontal area of the several floors of a building or structure measured from the exterior faces of the exterior walls or from the center line of party walls.  In a covered but unenclosed area, such as a set of gasoline pumps or a drive-through area, gross floor area means the covered area.  Gross floor area does not include:

  (1)   basement or attic areas with a headroom of less than 7 feet 6 inches;

  (2)   areas devoted to unenclosed mechanical, heating, air conditioning, or ventilating equipment;

  (3)   parking structures; or

  (4)   accessory structures to a residential building.

  Growth policy means the Growth and Infrastructure Policy most recently adopted under Chapter 33A to provide guidelines for the administration of the Adequate Public Facilities Ordinance.

  Hospital means an institution licensed as a hospital under state law.

  Impact tax district means a planning policy area or combination of planning policy areas described under Section 52-41(c).

  Impact tax district transportation program means the transportation improvement program described under Section 52-50.

  Impact transportation improvement means an improvement listed in Section 52-50.

  Improvement means a highway, intersection improvement, transit center, bus, bus shelter, hiker- biker trail, sidewalk connection, or park-and-ride lot, including planning, engineering, design services, right-of-way acquisition, grading, paving, curbs, gutters, drainage, sidewalks, signalization, signage, and all other construction and associated costs.

  Major Activity Center means a commercial site, school, shopping area, transit area, Metro station, or other major employment area that generates pedestrian trips.

  Master plan of highways means the “Master Plan of Highways” adopted by the Planning Board and approved by the District Council, and any similar plan adopted by either Gaithersburg or Rockville.

  Nonresidential means the use of a building that is not a residential use and includes:

  (1)   offices, including general, medical, office parks, research parks, townhouse office buildings, government offices, and other similar uses;

  (2)   industrial uses, including truck terminals, warehouses, light or heavy industrial and manufacturing, industrial parks, and other similar uses;

  (3)   retail uses, including stores or shopping centers engaging in the sale of goods, restaurants, vehicle sales or service, banks or savings and loan institutions, theaters, post offices and other similar uses;

  (4)   places of worship;

  (5)   private elementary, secondary, or post-secondary schools; and

  (6)   other nonresidential uses, including hotels, motels, day care centers, nursing homes, recreational facilities, and other public facilities and similar uses;

  Office-to-residential conversion is when an existing office building is turned into housing through adaptive reuse, renovation, or demolition.

  Operating expense includes reasonable costs of staffing, advertising, marketing, building rental, furniture, supplies and materials, bus fuel, and personnel to operate a trip reduction program.

  Policy area means any geographic area designated as a transportation policy area in the growth policy.

  Programmed transportation improvement means an improvement listed in the current approved county capital improvements program or the state consolidated transportation program or any similar program adopted by either Gaithersburg or Rockville.

  Property owner means any person, group of persons, firm, corporation, or other entity with a proprietary interest in the land on which a building permit has been requested.

  Residential means the use of a building as a dwelling unit.

  (1)   Single-family detached residential includes detached single-family dwelling units.

  (2)   Single-family attached residential includes townhouses, duplexes and other attached single-family dwelling units.

  (3)   Multifamily residential includes:

    (A)   garden apartments;

    (B)   mid-rise and high-rise dwelling unit structures; and

    (C)   mobile homes.

  (4)   Senior residential means:

    (A)   a residential care facility as defined in Section 59.3.3.2.E used solely for housing seniors or persons with a disability;

    (B)   dwelling units located in the age-restricted section of a planned retirement community, as defined in Section 59.8.3.5;

    (C)   an independent living facility for seniors or persons with a disability as defined in Section 59.3.3.2.C; and

    (D)   any household living unit constructed under Section 59.3.3.1 that is restricted by a covenant running with the land for housing persons who are 55 years of age or older.

  (5)   High-rise residential includes any dwelling unit located in a multifamily residential or mixed-use building that is taller than 4 stories.

  Sidewalk connector means a sidewalk that provides a direct link or connection to a major activity center.

  Stacked flats are dwelling units constructed in a stack of 2 or more dwelling units, where each dwelling unit is located either above or below an adjacent unit within a single building that is 4 stories or less.

  Use and occupancy permit means a use and occupancy permit issued by the Department of Permitting Services under Chapter 8.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

**Sec. 52-40. Findings; purpose and intent.**

  (a)   The master plan of transportation indicates that certain transportation facilities are needed in planning policy areas. Furthermore, the Growth and Infrastructure Policy indicates that the amount and rate of growth projected in certain planning  policy areas will place significant demands on the County for provision of transportation facilities necessary to support and accommodate that growth.

  (b)    Montgomery County, through its adoption of the Capital Improvements Program, indicates its commitment to provide transportation infrastructure.

  (c)    Montgomery County has determined that a combination of approaches will be necessary to fully achieve the level of impact transportation improvements needed to accommodate growth in the County. Thus, Montgomery County proposes to fund a program of transportation improvements through development impact taxes to allow new growth in the County.

  (d)    Imposing a development impact tax that requires new development to pay its pro rata share of the costs of impact transportation improvements necessitated by that development in conjunction with other public funds is a reasonable method of raising the funds to build improvements in a timely manner.

  (e)   The development impact tax funds, in part, the improvements necessary to increase the transportation system capacity, thereby allowing development to proceed. Development impact taxes are used exclusively for impact transportation improvements.

  (f)   In order to assure that the necessary impact transportation improvements are constructed in a timely manner, the County assures the availability of funds sufficient to construct the impact transportation improvements.

  (g)   The County retains the power to determine the types of impact transportation improvements to be funded by development impact taxes and to do all things necessary and proper to effectuate the purpose and intent of this Article.

  (h)   The County intends to further the public purpose of ensuring that an adequate transportation system is available in support of new development.

  (i)   The County intends to impose development impact taxes until the County has attained build-out as defined by the General Plan.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

**Sec. 52-41. Imposition and applicability of development impact taxes.**

  (a)    A development impact tax must be imposed before a building permit is issued for development in the County.

  (b)   An applicant for a building permit must pay a development impact tax in the amount and manner provided in this Article, unless a credit in the full amount of the applicable tax applies under Section 52-47 or an appeal bond is posted under Section 52-48.

  (c)    The following impact tax districts are established:

    (1)   White Flint: The part of the North Bethesda Metro Station Policy Area included in the White Flint Special Taxing District in Section 68C-2;

    (2)   Red Policy Areas: Bethesda CBD, Chevy Chase Lake, Forest Glen, Friendship Heights, Grosvenor, Glenmont, Lyttonsville, Medical Center, North Bethesda Metro Station, Purple Line East, Rockville Town Center, Shady Grove, Silver Spring CBD, Takoma, Twinbrook, Wheaton CBD, and Woodside Metro Station Policy Areas;

    (3)   Orange Policy Areas: Aspen Hill, Bethesda/Chevy Chase, Burtonsville Town Center, Clarksburg East, Clarksburg Town Center, Derwood, Fairland/Briggs Chaney, Gaithersburg, Germantown East, Germantown Town Center, Germantown West, Great Seneca Communities, Great Seneca Life Science Center, Kensington/Wheaton, Montgomery Village/Airpark, North Bethesda, Olney Town Center, Rock Spring, Rockville City, Silver Spring/Takoma Park, White Oak, and White Oak Downtown Policy Areas;

    (4)   Yellow Policy Areas: Clarksburg West, Cloverly, Damascus, Colesville, North Potomac, Olney, and Potomac Policy Areas; and

    (5)   Green Policy Areas: Rural East and Rural West Policy Areas.

  (d)   A Clergy House must pay the impact tax rate that applies to a place of worship if the house:

    (1)   is on the same lot or parcel, adjacent to. or confronting the property on which the place of worship is located; and

    (2)   is incidental and subordinate to the principal building used by the religious organization as its place of worship.

The place of worship tax rate does not apply to any portion of a Clergy House that is nonresidential development.

  (e)   Development impact taxes collected from developments located in the cities of Gaithersburg and Rockville must be accounted for separately according to the municipality where the funds originated.  These tax revenues must be used only to fund transportation improvements listed in a memorandum of understanding between the County and the respective City, which must be approved by the County Council.  If the County and the respective City do not agree on a memorandum of understanding regarding the use of impact tax revenues, the County Council may appropriate funds to improvements which are consistent with the master plan of the respective City after holding a separate hearing on any specific improvement if the City so requests.

  (f)    A development impact tax must not be imposed on any building owned, and used primarily, by any agency or instrumentality of federal, state, County, or municipal government.

  (g)    A development impact tax must not be imposed on:

    (1)   any Moderately Priced Dwelling Unit built under Chapter 25A or any similar program enacted by either Gaithersburg or Rockville;

    (2)   any other dwelling unit built under a government regulation or binding agreement that limits for at least 15 years the price or rent charged for the unit in order to make the unit affordable to households earning less than 60% of the area median income, adjusted for family size;

    (3)   any Personal Living Quarters unit built under Section 59-3.3.2.D, which meets the price or rent eligibility standards for a moderately priced dwelling unit under Chapter 25A;

    (4)   any dwelling unit in an Opportunity Housing Project built under Sections 56-28 through 56-32, which meets the price or rent eligibility standards for a moderately priced dwelling unit under Chapter 25A;

    (5)   any development located in an enterprise zone designated by the State;

    (6)   except for a development located in the City of Rockville, any development located in a Qualified Opportunity Zone certified by the United States Treasury Department or in an area previously designated as an Opportunity Zone, including a development located in the following census tracts as defined by their 2010 Census Boundaries: Silver Spring – 25.00, 26.01; Takoma Park – 17.03, 20.00, 23.01; White Oak – 15.05, 15.09, 14.21; Wheaton – 38.00; Rockville – 9.04; Gaithersburg – 7.24, 7.23, 7.13, 8.13; and Germantown – 8.30;

    (7)   a house built by high school students under a program operated by the Montgomery County Board of Education;

    (8)   a farm tenant dwelling;

    (9)   a bioscience facility;

    (10)   a multifamily dwelling unit with 3 or more bedrooms in a multifamily structure;

    (11)   any single-family attached or detached dwelling units with a gross floor area of 1,800 square feet or less, or a gross floor area of 2,200 square feet or less including an attached garage; or

    (12)   any development that is within one-half mile of a Metro station, within a Parking Lot District, and that provides no onsite parking.

  (h)   The development impact tax does not apply to:

    (1)   any reconstruction or alteration of an existing building or part of a building that does not increase the gross floor area of the building;

    (2)   any ancillary building in a residential development that:

      (A)   does not increase the number of dwelling units in that development; and

      (B)   is used only by residents of that development and their guests, and is not open to the public; and

    (3)   any building that replaces an existing building on the same site or in the same project (as approved by the Planning Board or the equivalent body in Rockville or Gaithersburg) to the extent of the gross floor area of the previous building, if:

      (A)   an application for a building permit is filed within four years after demolition or destruction of the previous building was substantially completed;

      (B)   the Director of the Department of Permitting Services or the Director’s designee finds that the applicant was unable to apply for a building permit or commence construction within four years after demolition or destruction of the previous building was substantially completed due to circumstances beyond the control of the applicant or the applicant’s agents; or

      (C)   the previous building is demolished or destroyed, after the replacement building is built, by a date specified in a phasing plan approved by the Planning Board or equivalent body.

    (4)   office-to-residential conversions when the building is adaptively reused or renovated for multifamily housing; and

    (5)   the conversion of office to multifamily, single-family detached, or single-family attached housing when demolition is involved.

However, if in any case the development impact tax that would be due on the new, reconstructed, or altered building is greater than the tax that would have been due on the previous building if it were taxed at the same time, the applicant must pay the difference between those amounts.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

  (a)  Except as provided in paragraph (b) or (c), County Code Section 52-41(g)(5), formerly 52-49(g)(5), and Section 52-54(c)(5), formerly 52-89(c)(5), both inserted by Section 1 of this Act, do not apply to any development which received preliminary subdivision plan approval or site plan approval (or a similar approval in a municipality) before October 22, 2015.

  (b)  If a development approved before October 22, 2015 is amended any time thereafter to include additional dwelling units and at least 25% of the additional dwelling units are exempt under paragraph (1), (2), (3), or (4) of Section 52-54(c), or any combination of them, then Section 52-41(g)(5) and Section 52-54(c)(5), apply to the additional units.

  (c)  If the relevant preliminary subdivision plan was approved before January 1, 2008, Sections 52-41(g)(5) and 52-54(c) apply to building permit applications for the unbuilt portion of the development.

**Sec. 52-42. Collection of development impact taxes.**

  (a)    The Department of Permitting Services must determine the amount of the applicable development impact tax.

  (b)    Each applicant for a building permit for development that is not exempt from the development impact tax must supply to the Department of Permitting Services for each requested building permit:

    (1)   The number and type of dwelling units for residential development; and

    (2)   The gross floor area and type of development for nonresidential development.

    The applicant must submit for inspection relevant support documentation as the Department requires.

  (c)    The Department of Permitting Services must not issue a building permit for development that is not exempt from the development impact tax unless:

    (1)   the applicant has paid the applicable development impact tax;

    (2)   the applicant is entitled to a credit under Section 52-47 in the amount of the applicable development impact tax;

    (3)   an appeal has been taken and a bond or other surety posted under Section 52-48; or

    (4)   payment is deferred under Section 52-42(l).

  (d)   When a person applies to a municipality in the County for a building permit for a building or dwelling unit, the applicant must show that all payments due under this Section with respect to the building or unit have been paid unless payment is deferred under Section 52-42(l).  If payment is deferred under Section 52-42(l), the applicant must submit proof of payment to the municipality once payment has been made.  The Director of Finance must promptly refund any payment made for any building or part of a building for which a building permit is not issued by the municipality.

  (e)    Nothing in this Article changes or supercedes any other requirement of City, County, state or federal law that may apply to the development, including county zoning and subdivision regulations that may impose on-site and off-site transportation improvement requirements and local area review requirements implemented by the Planning Board.

  (f)   If any person fails to pay the tax due under Section 52-43, that person is liable for:

    (1)   interest on the unpaid tax at the rate of one percent per month for each month or part of a month after the date for payment of the tax; and

    (2)   a penalty of 5 percent of the amount of the tax per month or part of a month after the date for payment of the tax, not to exceed 25 percent of the tax.

The Director of Finance must collect any interest and penalty as a part of the tax.

  (g)    If any person fails to pay the tax when due, the Director of Finance must obtain information on which to calculate the tax due.  As soon as the Director obtains sufficient information to calculate any tax due, the Director must assess the tax and penalties against the person.  The Director must notify the person by mail sent to the person's last known address of the total amount of the tax, interest, and penalties.  The total amount must be paid within 10 days after the notice is mailed.

  (h)    Every person liable for any tax under this Article must preserve for 2 years all records necessary to determine the amount of the tax.  The County may inspect the records at any reasonable time.

  (i)    Any failure to pay the tax due under this Article, and any violation of this Section, is a Class A violation.  Each violation is a separate offense.  A conviction does not relieve any person from payment of the tax.

  (j)   Section 52-21 applies to this tax.  The lien imposed under this Article has the same priority and may be enforced in the same manner as a lien imposed in case of nonpayment of County real property taxes.

  (k)    If, within 10 years after a building permit is issued, any person changes the use of all or part of a building to a use for which a higher tax would have been due under this Article when the building permit was issued (including a change from a status, use, or ownership that is exempt from payment to a status, use, or ownership that is not so exempt), the owner of the building must within 10 days after the change in status, use, or ownership pay all additional taxes that would have been due if the building or part of the building had originally been used as it is later used.  If the building owner does not pay any additional tax when due, each later owner is liable for the tax, and any interest or penalty due, until all taxes, interest, and penalties are paid.

  (l)   Notwithstanding any other provisions of this Chapter, an applicant for a building permit need not pay any development impact tax, Transportation Mitigation Payment, or School Facilities Payment due until the applicant schedules the final inspection of the building by the Department of Permitting Services.  Final inspection will not be scheduled until payment is received.

The rate of the tax or Payment due is the rate in effect when the tax or Payment is paid.  A permittee may appeal the imposition or calculation of the tax or Payment under Section 52-48. If the Department of Permitting Services or a municipality revokes or suspends a building permit or issues a stop-work order solely because the permittee did not pay any tax or Payment due under this Article, the permittee or any other party must not appeal the permit revocation or suspension or the stop work order issuance, or any modification of either, under Chapter 8. If the appealing party posts a bond or other sufficient surety satisfactory to the County Attorney as provided in Section 52-48, the Department or municipality must reissue or reinstate the building permit or revoke the stop-work order..

**Sec. 52-43. Calculation of development impact tax.**

  (a)    The Department of Permitting Services must calculate the amount of the applicable development impact tax due for each building permit by:

    (1)   determining the applicable impact tax district and whether the permit is for development that is exempt from the tax under Section 52-41(f);

    (2)   verifying the number and type of dwelling units and the gross floor area and type of nonresidential development for which each building permit is sought;

    (3)   determining the applicable tax under Section 52-49; and

    (4)   multiplying the applicable tax by:

      (A)   the appropriate number of dwelling units; and

      (B)   the gross floor area of nonresidential development.

  (b)    If the development for which a building permit is sought contains a mix of uses, the Department must separately calculate the development impact tax due for each type of development.

  (c)   If the type of proposed development cannot be categorized under the definitions of nonresidential and residential in Section 52-39, the Department must use the rate assigned to the type of development which generates the most similar traffic impact characteristics.

  (d)    The Department must calculate the amount of the development impact tax due under this Article in effect when the building permit application is submitted to the Department, or before a building permit is issued by a municipality.

  (e)    A building permit application, or if the property is located in a municipality with authority to issue building permits, a request to determine the amount of the impact tax, must be resubmitted to the Department if the applicant changes the project by:

    (1)   increasing the number of dwelling units;

    (2)   increasing the gross floor area of nonresidential development; or

    (3)      changing the type of development so that the development impact tax would be increased.

  (f)   A 1-bedroom garden apartment must be calculated using the high-rise residential rate if the preliminary plan was approved before January 1, 2025.

  The Department must recalculate the development impact tax based on the plans contained in the resubmitted building permit application.

**Sec. 52-44. Annual report.**

  The County Executive must submit a report to the Council on the development impact tax not later than April 1 of each year.  The report must include:

  (a)   a summary of the revenue collected from the tax in the previous calendar year in each impact tax district;

  (b)   a list of each building exempted from the tax during the previous calendar year under Section 52-41(g) or taxed at a rate of $0 under Section 52-49, and the tax that otherwise would have been paid for that building; and

  (c)   any other information that the Executive finds relevant.

**Sec. 52-45. Restrictions on use and accounting of development impact tax funds.**

  (a)   The funds collected by the development impact tax must be used solely to fund County or municipal transportation improvements of the types listed in Section 52-50 located anywhere in the County, except as provided in subsections (c) and (h).  In appropriating funds collected by the development impact tax, the Council should, to the extent feasible, designate funds to be used for transportation improvements in the policy area from which the funds were collected or an adjacent policy area.

  (b)   Upon receipt of development impact taxes, the Department of Permitting Services must transfer the taxes to the Department of Finance for crediting to the appropriate account.

  (c)    The Department of Finance must establish separate accounts for the City of Gaithersburg and the City of Rockville, and must maintain records for each account so that development impact tax funds collected can be segregated by each city.

  (d)   The Department of Finance must maintain and keep adequate financial records for each account that must:

    (1)   Show the source and disbursement of all revenues;

    (2)   Account for all monies received; and

    (3)   Ensure that the disbursement of funds from each account is used exclusively for the financing of the transportation improvements listed in Section 52-50.

  (e)   Interest earned by each account must be credited to that account and must be used solely for the purposes specified for funds of the account.

  (f)   The Department of Finance must annually issue a statement for each account.

  (g)   Development impact taxes must be disbursed from an account only for the purposes for which the tax has been imposed, including reimbursement to the County or Gaithersburg or Rockville of advances made for these purposes from other available funds.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

**Sec. 52-46. Refunds.**

  (a)    Any person who has paid a development impact tax may apply for a refund of the impact tax if:

    (1)   the County has not appropriated the funds for impact transportation improvements of the types listed in Section 52-50, or otherwise formally designated a specific improvement of a type listed in Section 52-50 to receive funds, by the end of the twelfth fiscal year after the tax is collected;

    (2)   the building permit has been revoked or has lapsed because construction did not start; or

    (3)   the project has been physically altered, resulting in a decrease in the amount of impact tax due.

  (b)    Only the current owner of property may petition for a refund of the impact tax. A petition for refund of the impact tax must be filed within the time established for filing a claim for refund of a local tax under state law.

  (c)    The petition for refund of the impact tax must be submitted to the Director of Permitting Services on a form provided by the County. The petition must contain at least:

    (1)   A statement that petitioner is the current owner of the property;

    (2)   A copy of the dated receipt for payment of the development impact tax issued by the Department of Permitting Services;

    (3)   A certified copy of the latest recorded deed for the subject property; and

    (4)   The reasons why a refund of the impact tax is sought.

  (d)   The Director of Permitting Services must investigate each claim and hold a hearing if the petitioner requests a hearing. Within 3 months after receiving a petition for refund of the impact tax, the Director of Permitting Services must provide the petitioner, in writing, with a decision on the impact tax refund request. The decision must include the reasons for the decision, including, as appropriate, a determination of whether impact tax funds collected from the petitioner, calculated on a first-in-first-out basis, have been appropriated or otherwise formally designated for impact transportation improvements of the types listed in Section 52-50 within 12 fiscal years. If a refund of the impact tax is due the petitioner, the Director of Permitting Services must notify the Department of Finance and, if the property is located in Gaithersburg or Rockville, the finance director of that city.

  (e)    The Department of Finance must not pay a refund of the impact tax unless the petitioner has paid all other state, county, or municipal taxes, fees, or charges that the Department is responsible for collecting.

  (f)    The petitioner may appeal the determination of the Director of Permitting Services in accordance with Article 24, Title 9, of the Maryland Code or any successor law.

**Sec. 52-47. Credits.**

  (a)   A property owner is entitled to a credit if the owner, before July 1, 2002, entered into a participation agreement, or a similar agreement with the state or a municipality, the purpose of which was to provide additional transportation capacity. A property owner is also entitled to a credit if the owner receives approval before July 1, 2002 of a subdivision plan, development plan, or similar development approval by the County or a municipality that requires the owner to build or contribute to a transportation improvement that provides additional transportation capacity.  The Department of Transportation must calculate the credit.  The credit must equal the amount of any charge paid under the participation agreement.  The Department may give credit only for building permit applications for development on the site covered by the participation agreement.

  (b)   Except as provided in subsection (l), a property owner must receive a credit for constructing or contributing to an improvement of the type listed in Section 52-50, including the cost of an improvement in a Unified Mobility Program or the White Oak Local Area Transportation Improvement Program, if the improvement reduces traffic demand or provides additional transportation capacity and to the extent the cost of the improvement exceeds the property owner’s fee under a Unified Mobility Program or the White Oak Local Area Transportation Improvement Program.

    (1)   If the property owner elects to make the improvement, the owner must enter into an agreement with a municipality or the County or receive a development approval based on making the improvement, before any building permit is issued.  The agreement or development approval must contain:

      (A)   the estimated cost of the improvement, if known then;

      (B)   the dates or triggering actions to start and, if known then, finish the improvement;

      (C)   a requirement that the property owner complete the improvement according to applicable municipal or County standards; and

      (D)   any other term or condition that the municipality or County finds necessary.

    (2)   The Department of Transportation must:

      (A)   review the improvement plan;

      (B)   verify costs and time schedules;

      (C)   determine whether the improvement is an impact transportation improvement;

      (D)   determine the amount of the credit for the improvement that will apply to the development impact tax; and

      (E)   certify the amount of the credit to the Department of Permitting Services before that Department or a municipality collects the applicable impact tax.

    (3)   An applicant for subdivision, site plan, or other development approval from the County, Gaithersburg, or Rockville, or the owner of property subject to an approved subdivision plan, development plan, floating zone plan, or similar development approval, may seek a declaration of allowable credits from the Department of Transportation.  The Department must decide, within 30 days after receiving all necessary materials from the applicant, whether any transportation improvement which the applicant has constructed, contributed to, or intends to construct or contribute to, will receive a credit under this subsection.  If, during the initial 30-day period after receiving all necessary materials, the Department notifies the applicant that it needs more time to review the proposed improvement, the Department may defer its decision an additional 15 days.  If the Department indicates under this paragraph that a specific improvement is eligible to receive a credit, the Department must allow a credit for that improvement when taking action under paragraph (2).

    (4)   Any credit that was certified under this subsection on or after March 1, 2004, and before December 31, 2015, expires 6 years after the Department certifies the credit.  Any credit that was certified under this subsection on or after January 1, 2016, expires 12 years after the Department certifies the credit, except that any credit certified between January 1, 2016, and January 1, 2022, in the amount of at least $3 million expires 16 years after the Department certifies the credit.

    (5)   The property owner must notify the Department of Transportation of the actual cost of each improvement for which a credit was certified within 180 days after the improvement is completed.  Any cost of dedicating land or another right-of-way is not eligible unless the owner shows that the improvement resulted in a loss of density for the development.

    (6)   If the actual cost of an improvement for which a credit was certified differs from its estimated cost:

      (A)   if the actual cost is greater than the estimate, the amount of the credit must be increased to cover the actual cost of the improvement;

      (B)   if the actual cost is less than the estimate:

        (i)   the amount of any credit that has not been used must be reduced by the difference between the estimate and the actual cost; and

        (ii)   if any impact tax on the development is owed, the property owner must pay the additional tax.

  (c)   Any property owner who, before May 1, 2001, built all or part of a project in the Clarksburg policy area which is listed in the impact tax transportation program (including building any road which would be widened under the program) is entitled to a credit equal to the reasonable cost of the improvement.  The Department of Transportation must calculate the credit.

  (d)   Any credit for building or contributing to an impact transportation improvement does not apply to any development that has been previously approved under the Alternative Review Procedure for Metro Station Policy Areas in the Growth and Infrastructure Policy.

  (e)   A refund must not be granted when any credit certified under this Section exceeds the applicable tax.

  (f)

    (1)   If an improvement has not been completed and the impact tax credit is based on an estimated cost, the property owner must post a surety bond or similar instrument for the estimated cost of the improvement unless the owner has already filed a bond in at least that amount with the County for the same improvement.

    (2)   If the property owner does not construct or complete the improvement for which a credit has been issued, the County may use the bond as necessary to construct or complete the improvement.

    (3)   The Department may revoke a credit when the property owner does not build the improvement for which a credit was certified.

  (g)   Any credit certified for an improvement located in a municipality must be applied to impact tax payable on development in the same municipality.

  (h)   Any road or other transportation improvement that primarily serves the residents or occupants of one development or a small number of developments is not eligible for a credit under this Section.

  (i)   Any contribution to a transportation improvement must be to a specific project that is fully funded in the County capital improvement program or the similar program of a municipality to be eligible for a credit under this Section, except a credit issued under subsection (a).

  (j)

    (1)

      (a)   A property owner must receive a credit for constructing or contributing to the cost of building a new single family residence that meets Level I Accessibility Standards, as defined in Section 52-107(a).

    (2)   The credit allowed under this Section must be as follows:

      (A)   If at least 5% of the single family residences built in the project meet Level I Accessibility Standards, then the owner must receive a credit of $250 per residence.

      (B)   If at least 10% of the single family residences built in the project meet Level I Accessibility Standards, then the owner must receive a credit of $500 per residence.

      (C)   If at least 25% of the single family residences built in the project meet Level I Accessibility Standards, then the owner must receive a credit of $750 per residence.

      (D)   If at least 30% of the single family residences built in the project meet Level I Accessibility Standards, then the owner must receive a credit of $1,000 per residence.

    (3)   Application for the credit and administration of the credit must be in accordance with Subsections 52-107(e) and (f).

    (4)   A person must not receive a tax credit under this Section if the person receives any public benefit points for constructing units with accessibility features under Chapter 59.

  (k)   After a credit has been certified under this Section, the property owner or contract purchaser to whom the credit was certified may transfer all or part of the credit to any successor in interest of the same property.  However, any credit transferred under this subsection must only be applied to the tax due under this Article with respect to the property for which the credit was originally certified.

  (l)   The Department must not certify a credit for the cost of a project in a Unified Mobility Program or the White Oak Local Area Transportation Improvement Program up to the property owner’s fee under a Unified Mobility Program or the White Oak Local Area Transportation Improvement Program.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

  (a)    This Act takes effect on July 1, 2002, and applies to any development for which an application for a building permit is filed on or after that date.

  (b) Each taxpayer in the County District must pay the development impact tax at 25% of the rates set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1), as amended by Section 1 of this Act, for building permit applications filed between July 1, 2002 and December 31, 2002; 50% of the rates set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1) for building permit applications filed between January 1, 2003, and June 30, 2003; 75% of the rates set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1) for building permit applications filed between July 1, 2003 and December 31, 2003; and 100% of the rates set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1) for building permit applications filed on or after January 1, 2004.  To the extent that any taxpayer pays a lower rate than that set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1) because this subsection applies, any credit claimed under Section 52-55 (now Section 52-47, 2016 L.M.C., ch. 7, §1) must be reduced by the same ratio.

  (c)    In the County District, the development impact tax does not apply to any building if:

    (1)    a subdivision plan, project plan, or an equivalent development approval mechanism in Gaithersburg or Rockville, which includes that building was approved before July 1, 2002, and

    (2)    a building permit is issued before July 1, 2003.

**Sec. 52-48. Appeals.**

  After determination of the amount of the development impact tax or credit due, an applicant for a building permit or a property owner may appeal to the Maryland Tax Court to the extent permitted by state law or, if the Maryland Tax Court does not have jurisdiction, to the Circuit Court under the Maryland Rules of Procedure that regulate administrative appeals.  If the appealing party posts a bond or other sufficient surety satisfactory to the County Attorney in an amount equal to the applicable development impact tax as calculated by the Department of Permitting Services, the Department or municipality must issue the building permit if all other applicable conditions have been satisfied.  The filing of an appeal does not stay the collection of the development impact tax until a bond or other surety satisfactory to the County Attorney has been filed with the Department of Permitting Services.

**Sec. 52-49.  Tax rates.**

  (a)   The Council must establish the tax rates for each impact tax district, except as provided in subsection (b), by resolution, after a public hearing advertised at least 15 days in advance.

  (b)   For any development located in the White Flint Impact Tax District, the tax rates are $0.

  (c)   Any Productivity Housing unit, as defined in Section 25B-17(j), must pay the tax at 50% of the applicable rate calculated in subsection (a).

  (d)   Any building that would be located within one-half mile of the Germantown, Metropolitan Grove, Gaithersburg, Washington Grove, Garrett Park, or Kensington MARC stations must pay the tax at 85% of the applicable rate calculated in subsection (a).

  (e)   The County Council by resolution, after a public hearing advertised at least 15 days in advance, may increase or decrease the rates established under this Section.

  (f)   Biennial tax rate adjustment. The Director of Finance, after advertising and holding a public hearing as required by Section 52-17(c), must adjust the tax rates set in or under this Section on July 1 of each odd-numbered year by the cumulative increase or decrease in a published construction cost index specified by regulation over the prior two calendar years.  The Director must calculate the adjustment to the nearest multiple of 5 cents for rates per square foot of gross floor area or one dollar for rates per dwelling unit.  The Director must publish in the County Register the amount of this adjustment not later than May 1 of each odd-numbered year.

    (1)   Inflation cap on biennial tax rate increases. Notwithstanding subsection (f), the Director must cap the biennial tax rate adjustment not to exceed 20%.

    (2)   Carryover of biennial tax rate adjustments in excess of 20%. If the biennial tax rate adjustment exceeds 20%, the excess dollar amount must be carried over and added to the tax rate before calculating the next biennial adjustment. If this total adjustment, including any carried over value, again exceeds 20%, the excess dollar amount must be carried over and added to the tax rate before calculating the biennial adjustment.

  (g)   Any non-exempt dwelling unit in a development in which at least 25% of the dwelling units are exempt under Section 52-41(g)(1) must pay the tax discounted by an amount equal to the impact tax rate applicable in the Red Policy Area for that unit type.

  (h)   Except for a development located in the City of Rockville, any development located in a Desired Growth and Investment Area, as defined in the 2020-2024 Growth and Infrastructure Policy (Subdivision Staging Policy), that has an accepted preliminary plan application, or equivalent plan acceptance in the City of Gaithersburg, before January 1, 2025, must pay the tax at:

    (1)   60 percent of the otherwise applicable rate if located in an Orange Policy Area; or

    (2)   68 percent of the otherwise applicable rate if located in a Yellow Policy Area.

  (i)   Stacked flats must pay the multifamily low-rise applicable rate.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

  (a) This Act takes effect on March 1, 2004.  The development impact tax imposed under Article VII (now Article IV, 2016 L.M.C., ch. 7, § 1) of Chapter 52, as amended by Section 1 of this Act, applies to any building for which an application for a building permit is filed on or after that date.

  (b) The development impact tax rates imposed under Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1), as amended by Section 1 of this Act, do not apply to any building located in a Metro Station Policy Area or Town Center Policy Area if:

  (1) a site plan which includes that building was approved by vote of the County Planning Board, or the equivalent body in any municipality, before May 1, 2003; and

  (2)

    (A)   a building permit is issued for that building before September 1, 2006; or

  (B) if the building is part of a mixed use project, a building permit is issued for any building or structure in that project before March 1, 2005.

  Any building to which this subsection applies is liable for the tax at the rates in effect on February 29, 2004.

  (a) This Act takes effect on July 1, 2002, and applies to any development for which an application for a building permit is filed on or after that date.

  (b) Each taxpayer in the County District must pay the development impact tax at 25% of the rates set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1), as amended by Section 1 of this Act, for building permit applications filed between July 1, 2002 and December 31, 2002; 50% of the rates set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1) for building permit applications filed between January 1, 2003, and June 30, 2003; 75% of the rates set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1) for building permit applications filed between July 1, 2003 and December 31, 2003; and 100% of the rates set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1) for building permit applications filed on or after January 1, 2004.  To the extent that any taxpayer pays a lower rate than that set in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1) because this subsection applies, any credit claimed under Section 52-55 (now Section 52-47, 2016 L.M.C., ch. 7, §1) must be reduced by the same ratio.

  (c) In the County District, the development impact tax does not apply to any building if:

  (1) a subdivision plan, project plan, or an equivalent development approval mechanism in Gaithersburg or Rockville, which includes that building was approved before July 1, 2002, and

  (2) a building permit is issued before July 1, 2003.

  “Sec. 3. The tax rates in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1), as amended by Section 1 of this Act, that apply to the Eastern Montgomery County impact tax district take effect on August 1, 1992, and apply to each development for which an application for a building permit is filed on or after that date. The tax rates in Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1), as amended by Section 1 of this Act, that apply to the Germantown impact tax district take effect on July 1, 1993, and apply to each development for which an application for a building permit is filed on or after that date.

  “Sec. 4.  Notwithstanding the provisions of Section 52-57 (now Section 52-49, 2016 L.M.C., ch. 7, § 1), before its amendment by Section 1 of this Act, the tax rates that apply in the Germantown impact tax district to any development for which an application for a building permit is filed between August 1, 1992, and June 30, 1993, are as follows:

**Sec. 52-50. Use of impact tax funds.**

  Impact tax funds may be used for any:

  (a)   new road or total reconstruction of all or part of an existing road that adds an additional lane or turn lane or improves transit service or bicycle commuting, such as bus lanes or bike lanes;

  (b)   new or expanded transit center or park-and-ride lot,

  (c)   bus added to the Ride-On bus fleet, but not a replacement bus;

  (d)   new bus shelter, but not a replacement bus shelter;

  (e)   hiker-biker trail and protected bike lanes used primarily for transportation;

  (f)   bicycle locker that holds at least 8 bicycles;

  (g)   bikesharing station (including bicycles) approved by the Department of Transportation;

  (h)   sidewalk connector in a public right-of-way to or within a major activity center or along an arterial or major highway; or

  (i)   element of bus rapid transit, including exclusive bus lanes, shelters, and buses.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

**Sec. 52-51. Local Area Transportation Review Mitigation Payment.**

  (a)   In addition to the tax due under this Article, an applicant for a building permit for any building must pay to the Department of Finance a Mitigation Payment if this payment is required for a building included in a preliminary plan of subdivision that was approved under the Local Area Transportation Review provisions in the Growth and Infrastructure Policy.

  (b)   The Council, by resolution after a public hearing advertised at least 15 days in advance, must establish the rates for the Mitigation Payment required in this Section.

  (c)   The Payment must be paid at the same time and in the same manner as the tax under this Article, and is subject to all provisions of this Article for administering and collecting the tax.

  (d)   The Department of Finance must retain funds collected under this Section in an account to be appropriated for transportation improvements that result in added transportation capacity or improved mobility in the area where the development for which the funds were paid is located.

  (e)   A property owner must receive a credit against the Local Area Transportation Review Mitigation Payment authorized by this Section for the cost of constructing or contributing to an improvement listed in a Unified Mobility Program for that area or for the White Oak Local Area Transportation Improvement Program up to the cost of the improvement listed in that program.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

### Article V. Development Impact Tax for Public School Improvements.

**Sec. 52-52. Definitions.**

  In this Article all terms defined in Section 52-39 have the same meanings, and the following terms have the following meanings:

  Cost of a student seat means the construction cost of a school, not including the cost of land acquisition, divided by the program capacity of the school.

  Development impact tax for public school improvements means a tax imposed to defray a portion of the costs associated with public school improvements that are necessary to accommodate the enrollment generated by the development.

  High-rise unit means any dwelling unit located in a multifamily residential or mixed-use building that is taller than 4 stories.

  Low-rise unit means any dwelling unit located in a multifamily residential or mixed-use building that is 4 stories or less.

  Public school improvement means any capital project of the Montgomery County Public Schools that adds to the number of teaching stations in a public school.

  School service area means the geographically defined attendance area for an individual school.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

**Sec. 52-53. Findings; purpose and intent.**

  (a)   The amount and rate of growth will place significant demands on the County to provide public school improvements necessary to support and accommodate that growth.

  (b)   The County, through its adoption of the Capital Improvements Program, indicates its commitment to provide public school improvements.

  (c)   The County has determined that a combination of approaches will be necessary to fully achieve the level of public school improvements needed to accommodate growth.  Thus, the County proposes to fund a program of public school improvements through development impact taxes to support new growth in the County.

  (d)   Imposing a development impact tax that requires new development to pay a share of the costs of public school improvements necessitated by that development in conjunction with other public funds is a reasonable method of raising the funds to build improvements in a timely manner.

  (e)   The development impact tax for public school improvements will fund, in part, the improvements necessary to increase public school capacity, thereby allowing development to proceed.  Development impact taxes authorized in this Article will be used exclusively for public school improvements.

  (f)   In order to assure that the necessary public school improvements are constructed in a timely manner, the County intends to make sufficient funds available to construct the public school improvements.

  (g)   The County retains the power to determine the public school improvements to be funded by development impact taxes; estimate the cost of such improvements; establish the proper timing of construction of the improvements to meet school capacity needs as identified in the Growth Policy; determine when changes, if any, may be necessary in the County CIP; and do all things necessary and proper to accomplish the purpose and intent of this Article.

  (h)   The County intends to further the public purpose of assuring that adequate public school capacity is available in support of new development.

  (i)   The County’s findings are based on the adopted or approved plans, planning reports, capital improvements programs identified in this Article, and specific studies conducted by Montgomery County Public Schools.

  (j)   The County intends to impose development impact taxes for public school improvements until the County has attained build-out as defined by the General Plan.

**Sec. 52-54. Imposition and applicability of tax.**

  (a)   An applicant for a building permit for a residential development must pay a development impact tax for public school improvements in the amount and manner provided in this Article before a building permit is issued for any residential development in the County unless:

    (1)   a credit for the entire tax owed is allowed under Section 52-58; or

    (2)   an appeal bond is posted under Section 52-48.

  (b)   Except as expressly provided in this Article, this tax must be levied, collected, and administered in the same way as the tax imposed under Article IV.  All provisions of Article IV apply to this tax unless the application of that Article would be clearly inconsistent with any provision of this Article.  This tax is in addition to the tax imposed under Article IV, and any tax paid under this Article must not be credited against any tax due under Article IV.

  (c)   The following public school impact tax districts are established, as identified in the County Growth Policy:

    (1)   Infill Impact Areas; and

    (2)   Turnover Impact Areas.

  (d)   The tax under this Article must not be imposed on:

    (1)   any Moderately Priced Dwelling Unit built under Chapter 25A or any similar program enacted by either Gaithersburg or Rockville;

    (2)   any other dwelling unit built under a government regulation or binding agreement that limits for at least 15 years the price or rent charged for the unit in order to make the unit affordable to households earning equal to or less than 60% of the area median income, adjusted for family size;

    (3)   any Personal Living Quarters unit built under Section 59-3.3.2.D, which meets the price or rent eligibility standards for a moderately priced dwelling unit under Chapter 25A;

    (4)   any dwelling unit in an Opportunity Housing Project built under Sections 56-28 through 56-32, which meets the price or rent eligibility standards for a moderately priced dwelling unit under Chapter 25A;

    (5)   any development located in an enterprise zone designated by the State;

    (6)   except for a development located in the City of Rockville, any development located in a Qualified Opportunity Zone certified by the United States Treasury Department or in an area previously designated as an Opportunity Zone, including a development located in the following census tracts as defined by their 2010 Census Boundaries: Silver Spring – 25.00, 26.01; Takoma Park – 17.03, 20.00, 23.01; White Oak – 15.05, 15.09, 14.21; Wheaton – 38.00; Rockville – 9.04; Gaithersburg – 7.24, 7.23, 7.13, 8.13; and Germantown – 8.30; or

    (7)   a house built by high school students under a program operated by the Montgomery County Board of Education.

  (e)   The tax under this Article does not apply to:

    (1)   any reconstruction or alteration of an existing building or part of a building that does not increase the number of dwelling units of the building;

    (2)   any ancillary building in a residential development that:

      (A)   does not increase the number of dwelling units in that development; and

      (B)   is used only by residents of that development and their guests, and is not open to the public; and

    (3)   any building that replaces an existing building on the same site or in the same project (as approved by the Planning Board or the equivalent body in Rockville or Gaithersburg) to the extent of the number of dwelling units of the previous building, if:

      (A)   an application for a building permit is filed within four years after demolition or destruction of the previous building was substantially completed;

      (B)   the Director of the Department of Permitting Services or the Director’s designee finds that the applicant was unable to apply for a building permit or commence construction within four years after demolition or destruction of the previous building was substantially completed due to circumstances beyond the control of the applicant or the applicant’s agents; or

      (C)   the previous building is demolished or destroyed, after the replacement building is built, by a date specified in a phasing plan approved by the Planning Board or equivalent body.

However, if in any case the tax that would be due on the new, reconstructed, or altered building is greater than the tax that would have been due on the previous building if it were taxed at the same time, the applicant must pay the difference between those amounts.

  (f)   If the type of proposed development cannot be categorized under the residential definitions in Section 52-39 and 52-52, the Department must use the rate assigned to the type of residential development which generates the most similar school enrollment characteristics.

  (g)   A Clergy House must pay the impact tax rate that applies to a place of worship under Section 52-41(d) if the house:

    (1)   is on the same lot or parcel, adjacent to, or confronting the property on which the place of worship is located; and

    (2)   is incidental and subordinate to the principal building used by the religious organization as its place of worship.

The place of worship tax rate does not apply to any portion of a Clergy House that is nonresidential development.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

  (a)  Except as provided in paragraph (b) or (c), County Code Section 52-41(g)(5), formerly 52-49(g)(5), and Section 52-54(c)(5), formerly 52-89(c)(5), both inserted by Section 1 of this Act, do not apply to any development which received preliminary subdivision plan approval or site plan approval (or a similar approval in a municipality) before October 22, 2015.

  (b)  If a development approved before October 22, 2015 is amended any time thereafter to include additional dwelling units and at least 25% of the additional dwelling units are exempt under paragraph (1), (2), (3), or (4) of Section 52-54(c), or any combination of them, then Section 52-41(g)(5) and Section 52-54(c)(5), apply to the additional units.

  (c)  If the relevant preliminary subdivision plan was approved before January 1, 2008, Sections 52-41(g)(5) and 52-54(c) apply to building permit applications for the unbuilt portion of the development.

of Permitting Services must report to the Council the use of any impact tax exemption under Section 52-49(c)(5) and Section 52-89(c)(5) within 30 days from the date the exemption is granted.

  (a) This Act takes effect on March 1, 2004, and the development impact tax for public school improvements imposed under Section 52-89 (now Section 52-54, 2016 L.M.C., ch. 7, § 1), added by Section 1 of this Act, applies to any building for which an application for a building permit is filed on or after that date.

  (b) The development impact tax for public school improvements does not apply to any residential building located in a Metro Station Policy Area or Town Center Policy Area if:

  (1) a site plan which includes that building was approved by vote of the County Planning Board, or the equivalent body in any municipality, before May 1, 2003; and

  (2)

    (A)   a building permit is issued for that building before September 1, 2006; or

  (B) if the building is part of a mixed use project, a building permit is issued for any building or structure in that project before March 1, 2005.

**Sec. 52-55. Tax rates.**

  (a)   The Council must establish the rates for each school impact tax district by resolution after a public hearing advertised at least 15 days in advance.

  (b)   Any Productivity Housing unit, as defined in Section 25B-17(j), must pay the tax at 50% of the otherwise applicable rate.

  (c)   The County Council by resolution, after a public hearing advertised at least 15 days in advance, may increase or decrease the rates established under this Section.

  (d)   The Director of Finance, after advertising and holding a public hearing as required by Section 52-17(c), must adjust the tax rates set in or under this Section effective on July 1 of each odd-numbered year in accordance with the update to the Growth and Infrastructure Policy using the latest student generation rates and average Montgomery County Public School construction costs.  The Director must calculate the adjustment to the nearest multiple of one dollar.  The Director must publish in the County Register the amount of this adjustment not later than May 1 of each odd-numbered year.

    (1)   Inflation cap on tax rate increases. Notwithstanding subsection (d), the Director must cap the biennial tax rate adjustment not to exceed 20%.

    (2)   Carryover of biennial tax rate adjustments in excess of 20%. If the biennial tax rate adjustment exceeds 20%, the excess dollar amount must be carried over and added to the tax rate after calculating the next biennial adjustment. If this total adjustment, including any carried over value, again exceeds 20%, the excess dollar amount must be carried over and added to the tax rate after calculating the biennial adjustment.

  (e)   Any non-exempt dwelling unit in a development in which at least 25% of the dwelling units are exempt under Section 52-54(d)(1) must pay the tax discounted by an amount equal to the impact tax rate applicable in the Infill School Impact Area for that unit type up to the amount of the impact tax otherwise applicable.

  (f)   A 3-bedroom multi-family dwelling unit located in an Infill Impact Area must pay the tax at 40 percent of the otherwise applicable rate.

  (g)   Stacked flats must pay the multifamily low-rise applicable rate.

  (h)   A 1-bedroom garden apartment must be calculated using the high-rise residential rate if the preliminary plan was approved before January 1, 2025.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

**Sec. 52-56. Accounting; use of funds.**

  (a)   The Department of Finance must maintain and keep adequate financial records that:

    (1)   show the source and disbursement of all revenues under this Article;

    (2)   account for all funds received; and

    (3)   assure that the funds are used exclusively for the public school improvements listed in subsection (d).

  (b)   Interest earned on revenues under this Article must be used solely for public school improvements.

  (c)   The Department of Finance must annually issue a statement for this account.

  (d)   Revenues raised under this Article may be used to fund planning design, acquisition of land, site improvements, utility relocation, construction, and initial furniture and equipment for any:

    (1)   new public elementary or secondary school;

    (2)   addition to an existing public elementary or secondary school that adds one or more teaching stations; or

    (3)   modernization of an existing public elementary or secondary school to the extent that the modernization adds one or more teaching stations.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

**Sec. 52-57. Refunds.**

  (a)   Except as provided in this Section, Section 52-46 applies to any petition for a refund of taxes paid under this Article.  Subsections 52-46(a)(1) and (d) do not apply to taxes paid under this Article.

  (b)   Any person who has paid a tax under this Article may apply for a refund of the tax if the County has not appropriated the funds for public school improvements of the types listed in Section 52-56(d) by the end of the sixth fiscal year after the tax is collected.

  (c)   The Director of Permitting Services must investigate each claim and hold a hearing at the request of the petitioner.  Within 3 months after receiving a petition for refund, the Director must provide the petitioner, in writing, with a decision on the refund request.  The Director must specify the reasons for the decision, including, if a refund is claimed under subsection (b), a determination of whether funds collected from the petitioner, calculated on a first-in-first-out basis, have been appropriated or otherwise formally designated for public school improvements of the types listed in Section 52-56(d) within 6 fiscal years.

**Sec. 52-58. Credits.**

  (a)   Section 52-47 does not apply to the tax under this Article.  A property owner must receive a credit for constructing or contributing to an improvement of the type listed in Section 52-56(d), including costs of site preparation. A property owner may receive credit for land dedicated for a school site, if:

  (b)   A property owner must receive a credit for constructing or contributing to an improvement of the type listed in Section 52-56(d), including costs of site preparation.

  (c)   A property owner may receive credit for land dedicated for a school site, if:

    (1)   the density calculated for the dedication area is excluded from the density calculation for the development site; and

    (2)   the Montgomery County School Board agrees to the site dedication.

  (d)   If the property owner elects to make a qualified improvement or dedication, the owner must enter into an agreement with the Director of Permitting Services, or receive a development approval based on making the improvement, before any building permit is issued.  The agreement or development approval must contain:

    (1)   the estimated cost of the improvement or the fair market value of the dedicated land, if known then;

    (2)   the dates or triggering actions to start and, if known then, finish the improvement or land transfer;

    (3)   a requirement that the property owner complete the improvement according to Montgomery County Public Schools standards; and

    (4)   such other terms and conditions as MCPS finds necessary.

  (e)   MCPS must:

    (1)   review the improvement plan or dedication;

    (2)   verify costs or land value and time schedules;

    (3)   determine whether the improvement is a public school improvement of the type listed in Section 52-56(d) or meets the dedication requirements in subsection (c);

    (4)   determine the amount of the credit for the improvement or dedication; and

    (5)   certify the amount of the credit to the Department of Permitting Services before that Department or a municipality issues any building permit.

  (f)   An applicant for subdivision, site plan, or other development approval from the County, Gaithersburg, or Rockville, or the owner of property subject to an approved subdivision plan, development plan, floating zone plan, or similar development approval, may seek a declaration of allowable credits from MCPS.  MCPS must decide, within 30 days after receiving all necessary materials from the applicant, whether any public school improvement which the applicant has constructed, contributed to, or intends to construct or contribute to, will receive a credit under this subsection.  If during the initial 30-day period after receiving all necessary materials, MCPS notifies the applicant that it needs more time to review the proposed improvement, MCPS may defer its decision an additional 15 days.  If MCPS indicates under this paragraph that a specific improvement is eligible to receive a credit, the Director of Permitting Services must allow a credit for that improvement.  If MCPS cannot or chooses not to perform any function under this subsection or subsection (c), the Department of Permitting Services must perform that function.

  (g)

    (1)

      (a)   A property owner must receive a credit for constructing or contributing to the cost of building a new single family residence that meets Level I Accessibility Standards, as defined in Section 52-107(a).

    (2)   The credit allowed under this Section must be as follows:

      (A)   If at least 5% of the single family residences built in the project meet Level I Accessibility Standards, then the owner must receive a credit of $250 per residence.

      (B)   If at least 10% of the single family residences built in the project meet Level I Accessibility Standards, then the owner must receive a credit of $500 per residence.

      (C)   If at least 25% of the single family residences built in the project meet Level I Accessibility Standards, then the owner must receive a credit of $750 per residence.

      (D)   If at least 30% of the single family residences built in the project meet Level I Accessibility Standards, then the owner must receive a credit of $1,000 per residence.

    (3)   Application for the credit and administration of the credit must be in accordance with Subsections 52-107(e) and (f).

    (4)   A person must not receive a tax credit under this Section if the person receives any public benefit points for constructing units with accessibility features under Chapter 59.

  (h)   The Director of Finance must not provide a refund for a credit which is greater than the applicable tax.

  (i)   Any credit issued under this Section before December 31, 2015 expires 6 years after the Director certifies the credit.  Any credit issued under this Section on or after January 1, 2016 expires 12 years after the Director certifies the credit.

  (j)   After a credit has been certified under this Section, the property owner or contract purchaser to whom the credit was certified may transfer all or part of the credit to any successor in interest of the same property.  However, any credit transferred under this subsection must only be applied to the tax due under this Article with respect to the property for which the credit was originally certified.

  (a)  must not require the payment of a transportation mitigation payment or a school facilities payment for the same development; and

  (b)  must refund the payment or give the property owner a credit against the development impact tax for transportation due for the development in the amount of any transportation mitigation payment made for the same development prior to March 1, 2017.

**Sec. 52-59. Utilization Premium Payment.**

  (a)   In addition to the tax due under this Article, an applicant for a building permit must pay to the Department of Finance a Utilization Premium Payment if such payment was required under the Annual School Test in effect at the time the building was approved.

  (b)   The Council by resolution, after a public hearing advertised at least 15 days in advance, must establish the rates for the Utilization Premium Payment.

  (c)   The Director of Finance, after advertising and holding a public hearing, must adjust the rates set in or under this Section effective on July 1 of each odd-numbered year in accordance with the update to the Growth and Infrastructure Policy using the latest student generation rates and school construction cost data. The Director must calculate the adjustment to the nearest multiple of one dollar. The Director must publish the amount of this adjustment not later than May 1 of each odd-numbered year.

  (d)   The Payment must be paid at the same time and in the same manner as the tax under this Article.

  (e)   The Department of Finance must retain funds collected under this Section in an account to be appropriated for:

    (1)   any public school improvement that adds capacity designed to alleviate overutilization in the school service area from which the funds were collected; or

    (2)   for capital projects adding capacity at any school adjacent to the school for which the funds were collected. Adjacent schools must be determined using the Planning Board’s Annual School Utilization Report.

  (f)   The Utilization Premium Payment must not be imposed on any:

    (1)   Moderately Priced Dwelling Unit built under Chapter 25A or any similar program enacted by either Gaithersburg or Rockville;

    (2)   other dwelling unit built under a government regulation or binding agreement that limits for at least 15 years the price or rent charged for the unit in order to make the unit affordable to households earning equal to or less than 60% of the area median income, adjusted for family size;

    (3)   Personal Living Quarters unit built under Section 59-3.3.2.D, which meets the price or rent eligibility standards for a moderately priced dwelling unit under Chapter 25A; or

    (4)   dwelling unit in an Opportunity Housing Project built under Sections 56-28 through 56-32, which meets the price or rent eligibility standards for a moderately priced dwelling unit under Chapter 25A.

### ARTICLE VI. Reserved.

**Sec. 52-60. Reserved.**

**Sec. 52-61. Reserved.**

**Sec. 52-62.  Reserved.**

**Sec. 52-63.  Reserved.**

**Sec. 52-64.  Reserved.**

**Sec. 52-65.  Reserved.**

### Article Vii. Tobacco Tax.

**Sec. 52-66. Definitions.**

  Unless the context indicates otherwise, in this Article the following terms have the meanings indicated:

  (a)   Cigar means a roll of tobacco wrapped in leaf tobacco or any other substance containing tobacco.  A cigar does not include a cigarette.

  (b)   Cigarette has the meaning stated in Section 12-101, Tax-General Article of the Maryland Code.

  (c)   Cigarette tobacco means any loose-leaf tobacco that, because of its appearance, type, packaging, or labeling, is suitable or intended to be smoked in a cigarette but which is not wrapped in paper or any other non-tobacco material.  Cigarette tobacco does not include a cigarette.

  (d)   Consumer means a person who buys a cigar, cigarette tobacco, pipe tobacco, snuff, or spit tobacco to use the product or give the product to another for personal use.

  (e)   Director means the Director of Finance or a designee of the Director.

  (f)   Pipe tobacco means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable or intended to be smoked in a pipe.

  (g)   Snuff means any finely cut, ground, or powdered tobacco that is not intended to be smoked.

  (h)   Spit tobacco means leaf tobacco that is intended to be chewed and not smoked.

  (i)   Vendor means a person who receives a cigar, cigarette tobacco, pipe tobacco, snuff, or spit tobacco for sale to a consumer.

**Sec. 52-67. Imposition of tax.**

  (a)   Each vendor must pay to the Director a tax in the amount listed in subsection (c) for cigars, cigarette tobacco, pipe tobacco, snuff, or spit tobacco that the vendor receives at a site in Montgomery County from which the vendor intends to sell the taxable tobacco product to a consumer.

  (b)   The Director must calculate the tax on each cigar and package of cigarette tobacco, pipe tobacco, snuff, and spit tobacco that the vendor intends to offer for sale to a consumer.  If the vendor does not intend to offer to sell the taxable tobacco product in a pre-packaged quantity, the Director must calculate the tax on the smallest packages in which the vendor receives the taxable tobacco product.

  (c)   The tax rate on:

    (1)   Cigars is:

      (A)   3 cents for each cigar that weighs 3 pounds or less per 1000 cigars; and

      (B)   6 cents for each cigar that weighs more than 3 pounds per 1000 cigars.

    (2)   Cigarette tobacco is:

      (A)   36 cents for each package containing 1.5 ounces or less; or

      (B)   for each package containing more than 1.5 ounces, 36 cents for each unit or fraction or a unit containing 1.5 ounces.

    (3)   Pipe tobacco is:

      (A)   36 cents for each package containing 1.5 ounces or less; or

      (B)   for each package containing more than 1.5 ounces, 36 cents for each unit or fraction or a unit containing 1.5 ounces.

    (4)   Snuff is:

      (A)   36 cents for each package containing 1.5 ounces or less; or

      (B)   for each package containing more than 1.5 ounces, 36 cents for each unit or fraction of a unit containing 1.5 ounces.

    (5)   Spit tobacco is:

      (A)   36 cents for each package containing 3 ounces or less; or

      (B)   for each package containing more than 3 ounces, 36 cents for each unit or fraction of a unit containing 3 ounces.

    The County Council, by resolution, after holding a public hearing advertised under Section 52-17(c), may increase or decrease the tax rate on any product taxed under this Article.

  (d)   The tax imposed under this Article is due when the vendor takes physical possession of the taxable tobacco product.

  (e)   Each vendor must pay to the Director the tax imposed under this Article, along with a monthly report of all tobacco products subject to tax under this Article that the vendor received during a calendar month, by the 25th day of the next month.  The monthly report must be submitted on a form approved by the Director, and must identify the quantity and number of items of each taxable product which the vendor received during the preceding calendar month.

  (f)   If a vendor sells the business from which taxable products are sold or otherwise stops doing business, the vendor must pay all taxes due under this Article, and submit any monthly report not previously submitted, within 3 days.

  (g)   If a vendor does not pay all taxes due under this Article, or does not keep accurate records as required by this Article, the Director may obtain other information on which the Director may base an estimate of the tax due.  The Director may then calculate the tax due and assess that amount, and all applicable interest and penalties, against the vendor or any other person liable for the tax.  The Director must notify the person from whom the tax is due by mail to that person's last known address, and the person must pay all tax due within 10 days after receiving the notice.

**Sec. 52-68. Tobacco Tax - Exemption.**

  (a)   Any agency of the State or the United States is not subject to the tobacco tax imposed under this Article.

  (b)   The tax imposed under this Article applies to any tobacco product that is not subject to the State tobacco tax.

**Sec. 52-69. Enforcement.**

  (a)   A vendor must display to the Director, or another person designated by the County Executive, packages of tobacco products taxable under this Article to allow the County to decide if the vendor has paid the tax due under this Article.

  (b)   A vendor must keep complete and accurate records of all transactions involving tobacco products that are taxable under this Article, as required by the Director.  A vendor must display to the Director records of the vendor's business to allow the Director to decide if the vendor has paid the tax due under this Article.  The Director may audit the vendor's records.

  (c)   The Director, or another person designated by the County Executive, may issue a subpoena to inspect the records of a vendor to decide if the vendor has paid the tax due under this Article.

**Sec. 52-70. Overdue tax - interest.**

  If the vendor does not pay the tax when due under Section 52-67(e), the vendor must pay to the Director, in addition to the tax due, interest at the rate of one percent for each month or fraction of a month that the tax is overdue.

**Sec. 52-71. Penalties.**

  (a)   If a vendor does not pay the tobacco tax when due under Section 52-67(e), the vendor is subject to a Class C civil penalty for each taxable tobacco product for which a tax has not been paid.

  (b)   If a vendor does not display to the Director taxable products or records as required under this Article, the Vendor is subject to a Class A civil penalty.

  (c)   A violation of this Article is not subject to a criminal penalty.

  (d)   Section 52-21 applies to the tobacco tax imposed under this Article.

### Article Viii. Excise Tax on Electronic Cigarettes.

**Sec. 52-72. Definitions.**

  In this Article, the following terms have the meanings indicated:

  Dealer means any person who engages in a retail business.

  Director means the Director of Finance or the Director’s designee.

  Distributor means:

    (1)   a person who supplies an electronic cigarette product to a dealer in the County; or

    (2)   a person who supplies and services a vending machine with an electronic cigarette product.

  Electronic cigarette product means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. Electronic cigarette product includes any component, part, or accessory of an electronic cigarette, whether or not sold separately, that is used during the operation of the electronic cigarette, but does not include any battery or battery charger that is sold separately.

  Supplying or supplies means the act of providing, furnishing, delivering, distributing, or transmitting an electronic cigarette product by a distributor to a dealer in the County. Liability for the tax accrues when the electronic cigarette product is provided, distributed, or delivered to the dealer in the County.

**Sec. 52-73. Tax levied; rate.**

  (a)   A tax is levied and imposed on every distributor who supplies to a dealer in the County an electronic cigarette product.

  (b)   The tax rate for an electronic cigarette product is 30% of the wholesale price of the electronic cigarette product.

  (c)   The County Council by resolution, after a public hearing advertised under Section 52-17(c), may increase or decrease the rate set in subsection (b).

  (d)   The County Executive may further specify the administration of this tax by Method (2) regulation.

**Sec. 52-74. Remittance.**

  (a)   The tax levied under Section 52-73 is due and payable for each month on the last day of the next month.

  (b)   The Director may establish an alternative payment system.  If an alternative payment system is established, the Director must require a pro-rated payment for any taxable period that ends before the system takes effect.

  (c)   If any dealer transports or causes to be transported into the County an electronic cigarette product, that dealer is liable for the payment of the tax imposed under Section 52-73 unless that dealer obtains from the supplier of the electronic cigarette product a written certification, in a form approved by the Director, that the supplier is liable for and is paying the tax.

**Sec. 52-75. Cessation of business.**

  When a person who is required to pay a tax under this Article ceases to do business or otherwise disposes of the business, any tax owed becomes immediately due and payable.  That person must immediately remit the total amount of the tax due.

**Sec. 52-76. Collection; interest and penalties; violation.**

  (a)   If any person does not pay the Director the tax due under Section 52-73, that person is liable for:

    (1)   interest on the unpaid tax at the rate of 1% per month for each month or part of a month after the tax is due; and

    (2)   a penalty of 5% of the amount of the tax per month or part of a month after the tax is due, not to exceed 25% of the tax.

  The Director must collect any interest and penalty as part of the tax.

  (b)   If any person does not timely file any report and pay the tax required under this Section, the Director may use any available information to estimate the tax due.  As soon as the Director obtains available information on which to base the calculation of any tax payable by any person who has not timely filed any report and paid the tax, the Director may assess against that person any tax, interest, and penalties due and must notify that person of the total amount due by regular mail sent to the person’s last known address.  The total amount assessed is due and payable within 10 days after the notice is sent.

  (c)   Every person liable for any tax under Section 52-73 must preserve for 3 years suitable records necessary to determine the amount of the tax.  The Director may inspect and audit the records at any reasonable time.

  (d)   Any failure to pay the tax when due under Section 52-74, and any violation of this Section 52-74 or this Section, is a Class A violation.  Each violation is a separate offense.  A conviction under this subsection does not relieve any person from paying the tax.

  (e)   Section 52-21 applies to this tax.

### Article Ix. Carryout Bag Tax.

**Sec. 52-77. Definitions.**

  In this Article, the following terms have the following meanings:

  Department means the Department of Finance.

  Director means the Director of the Department of Finance.

  Food assistance program means any federal, state, or local program that provides monetary benefit to low-income individuals and families used at a store to purchase food.  Food assistance program include Supplemental Nutrition Assistance Program (SNAP) or Women, Infants, and Children Program (WIC).

  Paper carryout bag means a paper bag provided by a retail establishment to a customer at the point of sale, pickup, or delivery.  Paper carryout bag does not include:

    (1)   a paper bag provided by a pharmacist that contains a prescription drug;

    (2)   a bag used to take live fish, insects, mollusks, or crustaceans away from a retail establishment;

    (3)   a paper bag that a restaurant gives a customer to take prepared or leftover food or drink from a restaurant;

    (4)   a paper bag containing prepared food provided at the drive-through window of a restaurant;

    (5)   a paper bag provided at a mobile food truck that contains prepared food;

    (6)   a paper bag provided for food delivery that is collected by a third party delivery service to carry the purchased item;

    (7)   any paper bag intended for garbage, pet waste, or yard waste;

    (8)   a bag used to package bulk items, including fruit, vegetables, nuts, grains, candy, ice, or small hardware items;

    (9)   a bag that contains hanging garments or dry-cleaned clothes, including suits, jackets, or dresses;

    (10)   a bag or paper bag sleeve used to contain or wrap a perishable item, including meat or fish, or unwrapped prepared foods or bakery goods;

    (11)   a bag used to package items for the purpose of charitable food distribution; or

    (12)   a bag provided at the point of sale at seasonal event, such as:

      (A)   an occasional farmer’s market;

      (B)   a full-time retail operation located on a farm;

      (C)   a street fair; or

      (D)   a yard sale.

  Point of sale has the same meaning as stated under Chapter 48-66.

  Restaurant means any lunchroom, café, or other establishment located in a permanent building for the accommodation of the public, equipped with a kitchen containing facilities and utensils for preparing and serving meals to the public, and outfitted with or without a public dining area.  A restaurant does not include any area of a supermarket, department store, or other retail establishment beyond the kitchen and public dining area.

  Retail establishment means any person engaged in the retail sale of goods.  Retail establishment includes any supermarket, convenience store, shop, service station, mobile food truck, or restaurant, and any other sales outlet where a customer can buy goods.

**Sec. 52-78. Tax imposed – Countywide and municipalities.**

  (a)   A tax in the amount of 10 cents is levied and imposed on each customer for each paper carryout bag that a retail establishment provides or sells to the customer.

  (b)   Applicability to municipalities.  A retail establishment in a municipality is required to collect, exempt, remit to the County, report, and adhere to all the requirements under this Chapter for a single-use plastic carryout bag as it would for a paper carryout bag.

  (c)   Except as provided in Section 52-78A, each retail establishment that provides a paper carryout bag, and if a plastic single-use carryout bag is provided within a municipality, to a customer must collect the amount of the tax imposed under subsections (a) and (b) when the customer makes any payment for goods in person, by telephone, by facsimile, or by any other means.  The retail establishment must hold the taxes required to be collected under this Section in trust for the County until remitted as required under Section 52-79.

  (d)   Each retail establishment may retain 5 cents from each 10-cent tax that the retail establishment collects to cover the administrative expense of collecting and remitting the tax to the County.

  (e)   A retail establishment must indicate on the customer’s transaction receipt:

    (1)   the number of paper carryout bags that the retail establishment provided to the customer; and

    (2)   the total amount of tax levied under this Section unless a food assistance benefit is used for payment then the receipt must indicate the carryout bag tax is exempt.

  (f)   A retail establishment must post a notice at the public entrance to the retail establishment or at each point of sale that reads: “All carryout bags provided by the retailer are subject to a charge.  A customer who brings their own reusable carryout bag or who does not use a carryout bag will not be subject to a charge.”  The notice must be posted in English and Spanish.  The Department of Environmental Protection must post an example of a notice in English and Spanish on the County website.

**Sec. 52-78A. Recipients of food assistance program – exemption.**

  A retail establishment must not charge or collect a tax for a paper carryout bag provided to a customer for items purchased using a food assistance program.

**Sec. 52-79. Remittance.**

  (a)   Each retail establishment must remit the full amount of the tax collected for all paper carryout bags provided to a customer during the previous quarter, less the amount retained under Section 52-78(c).

  (b)   Quarterly remittance – required.  A retail establishment is required to remit the taxes under subsection (a) to the Director every quarter in accordance with the remittance schedule posted by the Department on its website.

  (c)   Reporting.  Each remittance must be accompanied by a report of all transactions that involve paper bags subject to the tax.  The report must be on a form supplied by the Director and must contain:

    (1)   the number of paper bags supplied or provided to customers:

      (A)   for which a tax was collected; and

      (B)   for which a tax was not collected;

    (2)   the amount of tax required by this Section to be collected;

    (3)   for an owner of more than one retail establishment must identify the remittance for each location by name and address; and

    (4)   any other information the Director requires to ensure that the proper tax has been remitted to the County.

  (d)

    (1)

      (a)   If the retail establishment does not file a required report by the deadline established under subsection (a), the Director may estimate the amount of tax due.  The Director may base the estimate on a reasonable projection of paper carryout bags, or where applicable plastic carryout bags, supplied or provided and may consider taxes reported by other retail establishments.

    (2)   The Director may send a notice of the estimated tax due, including interest and penalty, to the retail establishment’s last known address.  The retail establishment must pay the estimated tax, including any interest and penalty assessed by the Director, within 10 days after the notice is sent.

  (e)   Each retail establishment must preserve for 3 years all records necessary to determine the amount of the tax due under this Section.

  (f)   The Director may inspect any records required to be kept under this Section at any reasonable time.

  (g)   The Director must deposit all taxes remitted under this Section into the stormwater management fund created under Section 19-35, after deducting the cost of administering this Article.

**Sec. 52-80. Interest and penalties.**

  (a)   If a retail establishment does not remit to the Director any tax owed under Section 52-79 when due, the retail establishment is liable for:

    (1)   interest on the collections at the rate of one percent per month for each month or part of a month after the remittance is due; and

    (2)   a penalty of 5 percent of the amount of the collections per month or part of a month after the remittance is due, up to 25 percent of the tax collected.

  (b)   The Director must collect any interest and penalty as part of the remittance due.

**Sec. 52-81. Prohibited conduct.**

  A retail establishment must not:

  (a)   neglect or refuse to collect or remit the tax levied under this Article;

  (b)   file an incomplete, false, or fraudulent report to the Director;

  (c)   neglect or refuse to keep complete and accurate records; or

  (d)   refuse to allow the Director to inspect and audit the retail establishment’s records.

  (e)   misrepresent, advertise, hold out, collect, or state to the public or to a customer an amount that exceeds the allowable tax established under Section 52-78(a).

**Sec. 52-82. Regulations.**

  The County Executive may adopt regulations under method (2) to implement this Article.

**Sec. 52-83. Enforcement.**

  Any violation of this Article is a Class A civil violation.  Each violation is a separate offense.  A conviction under this Section does not relieve a retail establishment from paying a remittance owed to the County.

### Article X. Property Tax Credits

**Sec. 52-84. Real property tax credits for permanently and totally disabled homeowners.**

  (a)   Eligibility requirements. A property tax credit shall be allowed, upon the application of any homeowner, from total real property taxation upon the dwelling for which application for the tax credit is made; provided, that the homeowner meets the following conditions on or before July 1 of the taxable year for which a tax credit is sought:

    (1)   The homeowner is not yet sixty (60) years of age.

    (2)   The homeowner is receiving benefits as a result of a finding of permanent and total disability under the social security act or under the railroad retirement act or under the provisions of federal acts for members of the armed forces of the United States or by an agency of a municipal corporation, county, state or federal government or the District of Columbia; or

    (3)   The homeowner is not and has not been subject to a disability program of a government or public agency, and the homeowner has been found and certified permanently and totally disabled, and the finding and certification of total and permanent disability is reviewed and approved by the county.

  (b)   Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:

    Combined income. The combined gross income of all homeowners, if more than one (1), and all persons eighteen (18) years of age or older as of July 1 of the taxable year in which the credit is sought, actually residing in the same dwelling, except persons whose contributions, reasonably apportionable toward the cost of upkeep, maintenance and repair of the dwelling, are in the form of fixed rental charges.

    Combined net worth. The total net worth of all homeowners, if more than one (1), and all persons eighteen (18) years of age or older as of July 1 of the taxable year in which the credit is sought, actually residing in the same dwelling, except persons whose contributions, reasonably apportionable for the cost of upkeep, maintenance and repair of the dwelling, are in the form of fixed rental charges.

    Dwelling. The dwelling house of one (1) or more homeowners and the lot or curtilage where it is erected, which is used as the principal residence of that homeowner or homeowners. No dwelling shall be deemed a principal residence which is not actually occupied or expected to be actually occupied by the homeowner or homeowners for more than six (6) months of a twelve-month period, including the date of application for tax credit.

    Gross income. Total income from all sources for the calendar year immediately preceding the taxable year for which credit is sought, whether or not included in the definitions of gross income for federal or state tax purposes, including but not limited to benefits under the social security act or railroad retirement act as amended, gifts in excess of three hundred dollars ($300.00), alimony, support money, nontaxable strike benefits, public assistance received in cash grants, pensions or annuities, unemployment insurance benefits, and workmen’s compensation benefits. Gross income shall include the net income received from business, rental or other endeavors; but in no event shall a loss from business, rental or other endeavors be used in the determination of gross income.

    Homeowner. Every person who, by July 1 of the taxable year for which tax credit is sought, actually resides in a dwelling in which such person has a legal interest, including any life estate, whether as sole owner, joint tenant in common or tenant by the entireties, or through membership in a cooperative. A homeowner, otherwise eligible, may qualify for the credit if he does not actually reside in the dwelling for the required time period because of illness or need of special care. A homeowner or homeowners may claim credit on only one (1) dwelling. When any property which is owned by a person who is entitled to a tax credit under this section is sold to a purchaser, the tax credit shall be terminated as of the date of transfer of the property between the parties. The total amount of any tax credit shall be included in the amount of ordinary taxes which were paid by the seller of the property and which are adjusted at the time of settlement for the property between the seller and the purchaser. The seller of the property shall receive credit only for that proportion of the tax credit which his period of ownership of the property during the taxable year in which the transfer occurs bears to the entire taxable year. The remaining portion of the tax credit shall be paid by the seller to the county and shall be deposited into general funds of the county.

    Net worth. The sum of the values of assets, including but not limited to cash, savings accounts, stocks, bonds and other investments, less outstanding liabilities, plus the excess of current market value of real property owned over the outstanding indebtedness of each such property. The cash surrender value of life insurance policies and the fair market value of personal property are excluded.

    Total real property taxes. The total of all real property taxes, including state, county, municipal and special districts for which the homeowner has a real property tax liability on the dwelling for the taxable year. The real property tax liability shall be prior to any discounts for payment and shall be calculated on the assessed valuation of the dwelling or thirty thousand dollars ($30,000.00) of assessed valuation, whichever is less.

  (c)   Amount; application; appeal. A property tax credit, not to exceed seven hundred fifty dollars ($750.00), shall be allowed upon the application of any eligible homeowner, from total real property taxes upon the dwelling for which application for the tax credit is made. The tax credit shall be equal to the amount of total real property taxes in excess of a percentage of the gross income or combined gross income, as the case may be, of the homeowner. This percentage shall equal three (3) percent of the first three thousand dollars ($3,000.00) of combined income, four (4) percent of the next five thousand dollars ($5,000.00) of combined income, five (5) percent of the next four thousand dollars ($4,000.00) of combined income, seven (7) percent of the next three thousand dollars ($3,000.00) of combined income and nine (9) percent of all combined income in excess of fifteen thousand dollars ($15,000.00). The credit shall not be allowed to any homeowner whose net worth is in excess of one hundred fifty thousand dollars ($150,000.00) as of January 1 of the year in which the credit is sought. The percentage of the real property tax assessed by a cooperative against any member shall not exceed the rate of the amount the member paid for his membership to the total cost of all memberships at the time of assessment.

    (1)   The disabled homeowner may apply for the tax credit no later than September 1 of the taxable year in which the tax credit is sought, on a standard form to be provided by the director of finance. If the application has not been made on or before September 1, the tax credit shall not be allowed. After receipt and review of the application for tax credit as provided hereunder, the director of finance shall either approve or disapprove the application and shall notify the applicant in writing of such decision. If the application is approved, the director shall issue or mail to the homeowner a certificate setting forth the amount of the tax credit.

    (2)   The application for the tax credit shall be made under oath or affirmation that the matters and facts stated in the application are true to the best of the applicant’s knowledge, information and belief, including a statement that the applicant’s net worth, as defined herein, does not exceed one hundred fifty thousand dollars ($150,000.00). The applicant may be required to provide copies of income tax returns or other evidence of income, interest, dividends, rents, money paid or received or net worth to substantiate the application for the property tax credit.

    (3)   Any homeowner aggrieved by the decision of the director of finance shall have the right to appeal to the property tax assessment appeal board for the county, which appeal shall be in writing and shall set forth the reasons for the appeal and the grounds for the appeal. An appeal shall be filed with the property tax assessment appeal board within thirty (30) days from the date of the notice of decision by the director of finance. At any hearing proceedings shall be informal and any interested party shall have the right to submit oral or written testimony or documentary evidence without regard to technical rules of evidence.

  (d)   Additional calculations; funding. Beginning with the 1975-1976 taxable year and for each year thereafter, if the credit authorized under this section is less than the credit which was received in the 1974-1975 taxable year, the homeowner shall receive a credit which is the higher of that credit calculated under this section or on the basis of the law applicable to the 1974-1975 taxable year, using in these calculations the income applicable for the current year. The cost of the credit provided to the taxpayer for total real property taxes under this section shall be funded by the county.

  (e)   Applicability of State law. The minimum tax credit provided for disabled homeowners under this Section must not be less than the minimum tax credit in Section 9-102 of the Tax-Property Article of the Maryland Code.

**Sec. 52-85. Homeowners property tax credit.**

  (a)   Definitions. In this section, the following words have the meanings indicated.

    (1)   The following words have the meanings defined in Section 9-104 of the Tax- Property Article of the Maryland Code:

      (A)   combined income;

      (B)   dwelling;

      (C)   gross income;

      (D)   homeowner;

      (E)   home purchaser; and

      (F)   legal interest.

    (2)   Assessed value means the adjusted value to which the property tax rate is applied.

    (3)   Consumer Price Index means the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, or a successor index.

    (4)   Director means the Director of the Department of Finance or the Director’s designee.

    (5)   Final tax liability means the tax liability for any property tax on the real property of a dwelling less any property tax credit provided under Section 9-104 and any supplemental property tax credit provided under this section.

    (6)   Section 9-104 means Section 9-104 of the Tax-Property Article of the Maryland Code or any successor provision.

    (7)   Total real property tax means the product of the sum of all property tax rates on real property, including special service area rates, but not including State and municipal district rates, for the taxable year on a dwelling, multiplied by the lesser of:

      (A)   $375,000; or

      (B)   the assessed value of the dwelling reduced by the amount of any assessment on which a property tax credit is granted under Section 9-105; and reduced by and any “save harmless” credit mandated under Section 9-101 of the Tax-Property Article of the Maryland Code.

  (b)   General.

    (1)   The Director must provide to homeowners a County property tax credit to supplement the State property tax credit granted under Section 9-104.

    (2)   Except as otherwise expressly stated in this section or an executive regulation, all eligibility requirements, statutory definitions, restrictions, and application or other procedures which apply to the credit granted under Section 9-104 also apply to the County supplemental property tax credit.

    (3)   Eligibility. A property tax credit under this Section must not be granted to a homeowner:

      (A)   whose combined net worth exceeds $250,000 as of December 31 of the calendar year that precedes the year in which the homeowner applies for the property tax credit; or

      (B)   whose combined gross income exceeds $75,000 in that same calendar year.

  (c)   Amount.

    (1)   The County supplemental property tax credit is the total real property tax on a dwelling, less:

      (A)   the percentage of the combined gross income of the homeowner calculated under paragraph (2), and

      (B)   the property tax credit granted under Section 9-104.

    (2)   The allowable percentage of combined gross income is:

      (A)   0 percent of the first $25,000;

      (B)   2 percent of the next $7,500;

      (C)   5 percent of the next $10,000;

      (D)   6.5 percent of the next $10,000; and

      (E)   8 percent of any combined gross income over $52,500.

    (3)   The property tax credit for home purchasers is the amount of the credit as calculated under paragraph (1) multiplied by a fraction where the numerator of the fraction is the number of days in the taxable year that the home purchaser actually occupies or expects to actually occupy a dwelling in which the home purchaser has a legal interest, and the denominator is 365 days.

  (d)   Adjustments to amounts.

    (1)   Adjustments by Council resolution. The Council annually, by resolution adopted not later than June 1, may vary either or both:

      (A)   the specific dollar amount referred to in subsection (a)(7); or

      (B)   the allowable percentage of combined gross income under subsection (c)(2).

    (2)   Consumer price index adjustments.

      (A)   Effective July 1, 2026 and July 1 of each subsequent year, the Chief Administrative Officer must adjust each specific dollar amount under subsections (a)(7), (b)(3), and (c)(2).

      (B)   The Chief Administrative Officer must calculate each adjusted amount to the nearest multiple of $10.

      (C)   The adjusted amount must be equal to the current amount multiplied by the outcome of the most recent published Consumer Price Index at the time of the adjustment divided by the annual value of the Consumer Price Index from the year prior to the current year.

      (D)   The Chief Administrative Officer must, by March 1 of the year preceding an adjustment, publish the adjusted amounts:

        (i)   in the County Register; and

        (ii)   on the County website.

  (e)   Administration. Administrative duties are performed by the Director, and by the State Department of Assessments and Taxation as provided in Section 9-104 and Section 9- 215 of the Tax-Property Article of the Maryland Code. If a credit is granted under this section, a revised tax bill or a tax voucher may be used to adjust the final tax liability.

  (f)   Regulations. The County Executive may adopt regulations under Method (2) to administer this section.

  (g)   Penalties for false and fraudulent information. A person who knowingly submits a false or fraudulent application, or withholds information, to obtain a tax credit under this section has committed a Class A violation. In addition, the person must repay the County for all amounts credited and all accrued interest and penalties that would apply to those amounts as overdue taxes. The County may enforce this subsection by appropriate legal action. A person who violates this subsection is liable for all court costs and expenses of the County in any civil action brought by the County against the violator.

  (h)   Annual report. The Executive must submit an annual report to the County Council by March 15 of each year describing program participation in the current tax year by income of taxpayers, number and dollar value of tax credits granted under this section, administrative costs, and other relevant information. This report may be contained in the Executive’s recommended operating budget for the next fiscal year.

**Sec. 52-86. Credit to offset certain income tax revenues.**

  (a)   The Director of Finance must allow a credit against County real property taxes due in each tax year for each property that is an owner-occupied dwelling of a homeowner as defined in Md. Tax-Property Code § 9-105(a), as amended.

  (b)   The Director must not grant the credit if the Director finds that the property is not an owner-occupied property of a homeowner

  (c)   The County Council must set the amount or rate of the credit under this Section annually by resolution, adopted no later than the date the Council sets the property tax rates.  A public hearing must be held, with at least 15 days’ notice, before the Council adopts a resolution under this Section.  The amount or rate of the credit must, in the Council’s judgment, offset some or all of the income tax revenue resulting from a County income tax rate higher than 2.6%.  The Council must set the amount of the credit at zero for any tax year in which the rate of the County income tax does not exceed 2.6%.

  (d)   The Director must take all actions necessary to apply the credit to each eligible taxpayer.  A taxpayer need not file an application to receive the credit.  If a taxpayer after filing an application with the Director has been erroneously denied the credit, the taxpayer may appeal that denial to the Maryland Tax Court within 30 days after receiving a notice of denial from the Director.

**Sec. 52-87. Scenic Easement Tax Credit.**

  (a)   Definitions.

    Scenic easement shall, for the purpose of this article, be defined to mean a recorded easement creating, imposing or continuing an incorporeal right upon a corporeal right wherein a servitude is placed upon land in private ownership which establishes perpetual control in the grantee to maintain scenic views, natural condition, open spaces, green area, animal refuges or natural habitat or flora and fauna. Such easement shall be created by conveyance and acceptance thereof, under lawful authority in the grantee, to the United States, the state, the county, the Maryland-National Capital Park and Planning Commission or any agency or instrumentality of the aforesaid governmental units established by law.

  (b)   Tax credit generally.  A tax credit is hereby permitted to the owner of any land which is certified by the grantee of a scenic easement to be an “open space” or “open area” as defined by subsection (b), section 5-1201, of the Natural Resources article of the Annotated Code of Maryland, 1957 and which is subject to a scenic easement, as defined herein, created by the owner or his predecessors in title in accordance with the basic requirements and standards set forth herein. Such tax credit shall be computed by the director of finance of the county as a percentage of the taxes levied by the county council upon the value of land assessment, exclusive of any improvements thereon, which levy is made to appropriate the general funds of the county.

  (c)   Basic requirements.  To qualify for a tax credit, the following basic requirements must be met:

    (1)   The property subject to the easement shall not be used for any professional or commercial activities, except such as can be and are in fact conducted from a residential dwelling without alteration of the dwelling; provided, that tracts of land containing in excess of fifty (50) acres may be used for privately owned country clubs, commercial golf courses and golf driving ranges. Agricultural activities, other than timbering, shall be permitted on property subject to such easement.

    (2)   No advertising signs or billboards shall be displayed or placed upon the land, with the exception of professional name plates and signs larger than two (2) square feet advertising home occupations or products or the sale or lease of the lands.

    (3)   No mining or industrial activity shall be conducted on the lands.

    (4)   No tree larger than six (6) inches in diameter and thirty (30) feet in height shall be cut down without the written permission of the grantee or its authorized representative; except, that clearing such land for site improvement, road construction or removing trees for the purpose of protecting utility lines and to eliminate a hazard to persons or property may be exercised without prior permission if no more than ten (10) percent of such trees are to be cut on any acre.

    (5)   No dump of ashes, trash or any unsightly offensive material shall be placed upon the land; except, that in eroding areas of a drainage system where surface water runoff is destroying the natural ground cover, suitable heavy fill may be so placed as to control and prevent further erosion upon the approval of the grantee, provided such fill is covered by arable soil or humus.

    (6)   The land shall not be used as a site for any major public utility installations such as electric generating plants, electric power transmission lines, gas generating plants, gas storage tanks, microwave relay stations or telephone exchanges, except as may be approved by the grantee. Nothing in this subsection shall, however, be deemed to prevent the construction or maintenance on, over or under the lands of facilities usual to a residential neighborhood, such as telephone and electric lines, water mains, sewer mains and gas mains, pipes or conduits and necessary related equipment, together with such removal of trees as shall be required for such construction and maintenance.

  (d)   Standards and categories of credits.  If the easement meets the basic requirements set forth above and meets the standards set forth in one of the following two (2) categories, then such property may qualify for the appropriate tax credit:

    (1)   Underdeveloped land within designated parks or conservation areas.

      (A)   Amount of Credit. Land subject to an easement meeting the basic requirements, together with the standards set forth in this subsection, may be entitled to a tax credit of up to one hundred (100) percent.

      (B)   Standards.

        (i)   Location: The property may be of any size but must be within the boundaries of a park or conservation area as designated on a duly adopted master plan of the Maryland-National Capital Park and Planning Commission.

        (ii)   Use: Within the boundaries of the scenic easement, no improvement shall be erected or continued other than noncommercial recreational facilities consistent with the preservation of the property in an open and natural state.

    (2)   Land subject to purchase option.

      (A)   Amount of Credit. Land subject to an easement meeting the basic requirements, together with the standards set forth in this subsection, may be entitled to a tax credit of up to one hundred (100) percent.

      (B)   Standards.

        (i)   Location: The land must be located within park boundaries as designated on a duly adopted master plan of The Maryland- National Capital Park and Planning Commission.

        (ii)   Use: Such land shall have been made the subject of an option agreement whereby the owner agrees to sell or convey the subject property to any local, county, state or federal government or the Maryland-National Capital Park and Planning Commission in fee simple within a fixed period of time, not exceeding twenty (20) years, at a price less than or equivalent to the fair market value at the time of the execution of the option. Such option agreement shall contain such provisions as may be deemed necessary by the grantee to preserve the land in a natural state or condition.

  (e)   Determination and duration of tax credit.  The tax credit must be allowed as of the taxable year “date of finality” or “semi-annual date of finality,” as defined in Section 1-101 of the Tax-Property Article of the Maryland Code if the Council notifies the Director of Finance that the property, by reason of a conveyance, assignment, deed, or other instrument recorded among the land records of the County, is affected and servient to a scenic easement which:

    (1)   is irrevocable by its own terms;

    (2)   creates a perpetual servitude on the land described; and

  meets the basic requirements, together with the standards of one of the categories in paragraph (d).

The tax credit authorized under this Article remains in effect for all later tax levies made by the Council.

  (f)   Valuation, assessment, and condemnation.  The valuation and assessment of all property which is entitled to the credit herein allowed shall be made and accomplished in all respects as other real property subject to taxation in the county. In the event such property is even acquired by the exercise of the power of eminent domain, the fair market value of such property shall not be affected by its having been qualified for a tax credit; provided, that if the grantee of the easement purchased the same for a monetary consideration other than or in addition to the tax credit, then in such case the condemnation award shall be reduced by an amount equal to the additional consideration.

  (g)   Application for tax credit.

    (1)   The owner of such real property or his duly authorized agent must on or before 60 days before the annual date of finality or semi-annual date of finality, whichever may be applicable, file with the County Council a claim for such tax credit in such form as may be required by the Council. Any application must include a description of the property on which the scenic easement is to be granted and must be signed by all owners, holders of encumbrances, and other parties in interest. The County Council must determine whether the property conforms to and meets the basic requirements and standards of one of the categories provided in paragraph (d). If it does, the applicant must then submit a scenic easement deed and a certificate of title prepared by a member of the bar of the court of appeals of Maryland showing the effect of such easement on the land described therein. Any easement must not be preceded by any prior interest to secure a debt or otherwise which would affect the priority of the easement.

    (2)   If deemed necessary by the Council, a survey by a registered land surveyor or professional engineer may be required. If required, the survey must show the land described, the location of the improvements thereon, the area of land subject to the easement, and a site location sketch showing its relation to the geographical features which relate to its scenic and open space value. The expense of this survey and the title certificate may be assumed by the grantee or the County Council in its discretion, if a request is made therefor in the original application. The County Council must either accept the scenic easement and grant the tax credit or reject the application and deny the credit. If the Council accepts the easement, the tax credit becomes effective upon recordation of the deed in the land records of the County. The County Council must issue an appropriate notice to be delivered by the landowner to the Director of Finance.

  (h)   Interpretation.  This Article is intended to comply with the intent and purpose of Section 9-208 of the Tax-Property Article of the Maryland Code, and any inconsistency with that Section should be resolved in favor of that Section. If a Court of competent jurisdiction declares any part of this Article legally ineffectual, then the Council intends that the entire Article becomes ineffective. In any event, any tax credit granted under this Article must not be recovered unless that credit was procured by fraud, misrepresentation, or intentional mistake.

**Sec. 52-88. Historic Preservation Tax Credit.**

  (a)   Tax credit generally.  There is a tax credit against County real property taxes for certain expenses of a taxpayer after September 21, 1979, for restoration and preservation of certain properties of historic, architectural, archaeological or cultural value.

  (b)   Qualifications for tax credit.

    (1)   To qualify for the tax credit, the taxpayer must show that:

      (A)   the property is an historic site or in an historic district on a County of municipal master plan or zoning map;

      (B)   the expenses are:

        (i)   for work under an approved County historic area work permit or municipal certificate of approval; or

        (ii)   for ordinary maintenance expenses, as defined in guidelines adopted under section 24A-6, over $1,000;

      (C)   the work is done by a licensed contractor; and

      (D)   the taxpayer has paid for the work.

    (2)   A taxpayer must not receive a tax credit for new construction, including:

      (A)   a new structure on an historic site or in an historic district, or

      (B)   a new addition constructed as part of, or next to, an existing structure of historic, architectural, or cultural value, regardless of the architectural compatibility of the addition.

  (c)   Use of tax credit.

    (1)   The tax credit is 25% of the taxpayer’s qualified expenses under paragraph (b).

    (2)   The tax credit applies to the next tax year after the year in which the work or any part is completed. Any unused tax credit may be carried forward to as many as 5 subsequent tax years. However, if the property is removed as an historic site or excluded from an historic district on the applicable County or municipal master plan or zoning map, any unused tax credit must lapse.

  (d)   Application for tax credit; appeals.

    (1)   Application.

      (A)   A taxpayer must file an application for a tax credit with the applicable County or municipal historic preservation commission on forms approved by the County Director of Finance.

      (B)   An application must include receipts and an oath or affirmation by the taxpayer that the receipts are for qualified expenses under paragraph (b).

      (C)   An application must be filed by the first day of April of the year before the tax year in which a tax credit is used.

      (D)   The applicable County or municipal historic preservation commission must transmit all applications to the County Director of Finance with a certificate that the property is an historic site or in an historic district on the applicable County or municipal master plan or zoning map.

      (E)   The County Director of Finance may require additional information and documentation from the taxpayer, and may reject all or part of the claimed expenses for lack of adequate documentation or if the claimed expenses do not qualify under paragraph (b). The Director must notify the taxpayer of the Director’s decision on the application.

    (2)   Appeal.  Any taxpayer aggrieved by the decision of the County Director of Finance may appeal to the Maryland Tax Court.

An appeal must be filed within 30 days after the date of the notice from the County Director of Finance.

  (e)   Penalties.1

    (1)   A person must not knowingly file a false or fraudulent application to obtain a tax credit under this article. A violation of this section is class A violation.

    (2)   In addition, a taxpayer who violates this article must pay the County any taxes and interest offset by the tax credit, and the County’s fees and costs in any action to enforce this article.

  1Editor’s note—This section contains the amended text of former subsection (a) of § 52-45.

  (f)   Regulations.2  The County Executive may adopt regulations under method (2) to administer this article.

  2Editor’s note—This section contains the text of former subsection 52-46, which was the amended text of former subsection (b) of § 52-45.

**Sec. 52-89. Conservation Land Tax Credit.**

  (a)   Definitions.  In this Article, the following words and phrases have the following meanings:

    Conservation land means real property that is:

    (1)

      (A)   used to assist in the preservation of a natural area,

      (B)   used for the environmental education of the public,

      (C)   used to promote conservation generally, or

      (D)   used for the maintenance of:

        (i)   a natural area for public use; or

        (ii)   a sanctuary for wildlife; and

    (2)

      (A)   subject to a perpetual conservation easement donated to a land trust on or after July 1, 1991;

      (B)

        (i)   acquired by a land trust on or after July 1, 1991;

        (ii)   owned in fee by that land trust; and

        (iii)   subject to a letter of intent, agreement, or option agreement to convey the property to a government agency; or

      (C)   owned by the Potomac Conservancy.

    Land trust means a “qualified conservation organization” as defined in State law.

  (b)   Amount of credit.

    (1)   An owner of conservation land may receive a tax credit equaling 100 percent of any County real property tax imposed on the conservation land, not including any improvements.

    (2)   However, an owner must not receive a tax credit for any land which:

      (A)   is actively used for farm or agricultural purposes; and

      (B)   receives a reduced property tax assessment because of that use.

  (c)   Allowance and duration of tax credit.

    (1)   An owner of conservation land must apply for the tax credit under this Article to the Director of Finance by September 1 of any tax year for which the credit would apply, unless a credit already applies to that tax year.

    (2)   As part of the application, the owner must file with the Director documentation, including a copy of any conservation easement deed, letter of intent, agreement, or option agreement for reconveyance of the property, showing that the land qualifies as conservation land.

    (3)   The Director may allow a credit for:

      (A)   a single tax year;

      (B)   the duration of any conservation easement on the property; or

      (C)   the time the property is wholly owned by a land trust.

    (4)   If the ownership or status of any conservation land changes in a way that makes the land ineligible for a tax credit under this Article, the owner must promptly notify the Director of any such change. The Director then must cancel the tax credit, as of the first day of the next month after the land is no longer eligible for a credit, and collect from the owner a pro rata refund of any credit allowed for the current tax year.

    (5)   If a conservation easement referenced in Section 52-89(a)(2)(A) is terminated, or if a land trust sells conservation land subject to a resale agreement to any person other than a government agency or another land trust, the owner of the land must repay the County all credits allowed under this Article and interest computed at the rate applicable to unpaid taxes when the taxes were due.

  (d)   Administration of tax credit.

    (1)   The County Executive may adopt regulations under method (2) to administer this Article.

    (2)   The Executive must report on the number and dollar value of all applications submitted and tax credits granted under this Article. This information should be included as part of the Executive’s recommended budget and should cover the fiscal year before the fiscal year for which the budget is submitted.

    (3)   A denial of a tax credit may be appealed to the Maryland Tax Court.

    (4)   A person must not knowingly file a false or fraudulent application to obtain a tax credit under this Article. A violation of this Article is a Class A violation. In addition to any other applicable penalties, a person who violates this Article must pay the County any taxes and interest offset by the credit and the County’s fees and costs in any action to enforce this Article.

**Sec. 52-90. New Jobs Tax Credit and Enhanced New Jobs Tax Credit.**

  (a)   Tax credits.  The Director of Finance must allow a new jobs tax credit or an enhanced new jobs tax credit against the County property tax imposed on real property owned or leased by a business entity or its affiliate and on personal property owned by that business entity or its affiliate if the business entity qualifies for either credit under this Article.

  (b)   Definitions.  In this Article, the following words have the meanings indicated:

    Affiliate, Business Entity, New or Expanded Premises, New Permanent Full-Time Position, and Notification Date have the meanings defined in Section 9-230, Tax- Property Article, Maryland Code, or any successor provision.

    Finance Director means the Director of the Department of Finance or the Director’s designee.

    New Jobs Tax Credit means the credit granted under this Article to a qualified business entity against the County property tax imposed on the new or expanded premises and the personal property located on those premises.

    Enhanced New Jobs Tax Credit means the credit granted under this Article to a qualified business entity against the County property tax imposed on the new or expanded premises that qualify under state law for an enhanced new jobs credit and the personal property located on those premises.

  (c)   Eligibility for tax credit.

    (1)   To qualify for a new jobs tax credit under this Article, a business entity must, on or after July 1, 1998:

      (A)   construct, or expand by at least 5,000 square feet, premises in the County on which it conducts business by buying, building, or leasing new premises; and

      (B)   employ at least 25 persons in new permanent full-time positions located in the new or expanded premises in the County during a 24-month period when it occupies the new or expanded premises.

    (2)   To qualify and be certified for an enhanced new jobs tax credit under this Article, a business entity must, on or after December 31, 1998:

      (A)   notify the Finance Director as required under state law; and

      (B)   meet all requirements under state law to qualify for an enhanced new jobs tax credit.

    (3)   A business entity does not qualify for a new jobs tax credit or enhanced tax credit if:

      (A)   the business entity has moved the operations which are located on new or expanded premises from another county (including Baltimore City) in Maryland;

      (B)   the business entity or another taxpayer has been given a tax credit or exemption for the new or expanded premises during the same taxable year under any other state or County law;

      (C)   the new permanent full-time positions are solely or primarily involved in retail sales of goods or services, except when a small number of positions involved in retail sales are incidental to the primary purpose of a building;

      (D)   the business entity is a type of business entity that the County Council by resolution before the Notification Date has made ineligible for a new jobs tax credit or enhanced new jobs tax credit, or the new permanent full-time positions are a type of position that the Council by resolution before the Notification Date has made ineligible for a new jobs tax credit or enhanced new jobs tax credit, or the new or expanded premises are located in a geographic area that the Council by resolution before the Notification Date has made ineligible for a new jobs tax credit or enhanced new jobs tax credit; or

      (E)   the location of the new or expanded premises is inconsistent with any applicable land use master plan.

    (4)   To qualify for a credit against property tax imposed on personal property, a business entity must certify that the personal property is located on premises that qualify for a new jobs tax credit or enhanced new jobs tax credit under this Article.

  (d)   Amount of tax credit; pass-through to lessees.

    (1)   The new jobs tax credit that a taxpayer may claim against County property taxes under this Article is the following percentage of the property tax imposed on the assessment of the new or expanded premises:

      (A)   52% during the first and second taxable years in which a credit is allowed;

      (B)   39% during the third and fourth taxable years in which a credit is allowed; and

      (C)   26% during the fifth and sixth taxable years in which a credit is allowed.

After the sixth taxable year, the Finance Director must not allow a new jobs tax credit under this Article.

    (2)   The enhanced new jobs tax credit that a taxpayer may claim against County property taxes under this Article is 58.5% of the property tax imposed on the increase in assessment of:

      (A)   the new or expanded premises; and

      (B)   any substantially renovated real property adjoining or neighboring the new or expanded premises.  A renovation is substantial for purposes of this subsection if the renovation results in a complete rehabilitation of at least 50% of each building on the property.

The taxpayer may claim this credit in each of the first 24 taxable years after the Director certifies that the taxpayer is eligible for the credit.

    (3)   A lessor of real property must reduce the amount of taxes for which an eligible business entity is contractually liable under a lease or rental agreement by the amount of any tax credit allowed under this Article.

  (e)   Recapture of tax credit.

    (1)   A business entity which does not satisfy all applicable requirements under this Article to qualify for a tax credit during the three taxable years after any year when a credit was allowed must repay the tax credit to the County after receiving notice from the Finance Director that the credit must be repaid.

    (2)   Interest must accrue on any repayable tax credit at the rate established for overdue property taxes, beginning 30 days after the notice from the Finance Director.

    (3)   Any unrepaid tax credit is a lien on real and personal property owned by the business entity in the same manner as unpaid real property taxes under state and County law.

  (f)   Administration of tax credit.

    (1)   A business entity must apply for either tax credit on a form furnished by the Finance Director, and must state which tax credit it intends to request and when and how it expects to qualify for the credit.

    (2)   When a business entity believes it has met all requirements for the tax credit, it may apply for certification on a form furnished by the Director and must provide sufficient information to show that all requirements under this Article and applicable state law have been met.

    (3)   The Finance Director must:

      (A)   determine the eligibility of the business entity for the tax credit;

      (B)   notify the State Department of Assessments and Taxation that a business entity has been approved for the tax credit; and

      (C)   require submission of reports by the business entity during the three taxable years after any year when the tax credit was earned to verify that the business entity continues to satisfy all applicable requirements under this Article.

    (4)   A person who submits a false or fraudulent application, or withholds information, to obtain a tax credit under this Article has committed a Class A violation.  In addition, the person must repay the County for all amounts credited and all accrued interest and penalties that would apply to those amounts as overdue taxes.  A person who violates this subsection is liable for all court costs and expenses of the County in any civil action brought by the County against the violator.  The County may collect any repayable tax credit, and otherwise enforce this Article, by any appropriate legal action.

    (5)   The County Executive may adopt regulations under method (2) to administer this Article.

**Sec. 52-91. Brownfields Property Tax Credit.**

  (a)   Definitions.  In this Article, the following words have the meanings indicated.

    Corrective action plan means a corrective action plan for a Qualified Brownfields Site under Title 4 of the Environment Article of the Maryland Code.

    Director means the Director of the Department of Finance or the Director’s designee.

    Enterprise zone means an area designated under Article 83A, Section 9-103 of the Maryland Code, or any successor provision.

    Increased Property Tax Liability means the increase in the property tax levied on a Qualified Brownfields Site resulting from an increased assessment due to a voluntary cleanup of the Qualified Brownfields Site or due to a corrective action plan for the Qualified Brownfields Site. Increased Property Tax Liability includes increases in property taxes levied due to an increased assessment for additional improvements to a Qualified Brownfields Site. Increased Property Tax Liability is calculated after deducting any other property tax credit applicable to the Qualified Brownfields Site. For a Qualified Brownfields Site with a prior use value, the Increased Property Tax Liability must be determined as if the Qualified Brownfields Site had no use value limitation.

    Property tax means the total County real property tax levied on the Qualified Brownfields Site annually under the Tax-Property Article. Property tax does not include parking district and urban district taxes.

    Qualified Brownfields Site has the meaning given in Article 83A, Section 3-901 of the Maryland Code.

    Tax-Property Article means the Tax-Property Article of the Maryland Code.

    Tax year means the 12-months beginning July 1 and ending on June 30.

    Use value means a special value of land for assessment purposes specified in Sections 8-209 through 8-217 and 8-220 through 8-225 of the Tax-Property Article.

    Voluntary cleanup means a voluntary cleanup of a Qualified Brownfields Site under Title 7, Subtitle 5 of the Environment Article of the Maryland Code.

  (b)   Participation.  The County may participate in the Brownfields Incentive Program under Section 9-229 of the Tax-Property Article.

  (c)   Property tax credits.

    (1)   For each of the 5 tax years immediately after the first revaluation of a Qualified Brownfields Site after completion of a voluntary cleanup or corrective action plan, the Director must allow a property tax credit of 50% of the Increased Property Tax Liability for a Qualified Brownfields Site.

    (2)   For each of the 5 tax years immediately after the first revaluation of a Qualified Brownfields Site after completion of a voluntary cleanup or correction action plan, the Director must allow an additional property tax credit of 20% of the Increased Property Tax Liability for a Qualified Brownfields Site located in:

      (A)   an enterprise zone; or

      (B)   a neighborhood designated by the County Council for participation in the Neighborhood Business Development Program under state law.

  (d)   Applicability.  The tax credits in paragraph (c) apply for:

    (1)   5 tax years; or

    (2)   if the property is in an enterprise zone, 10 tax years.

  (e)   Contribution to Fund.  As provided in Subsection 9-229(e)(2) of the Tax-Property Article, for each tax year of the credit period the County must, after property taxes for a Qualified Brownfields Site have been paid, contribute to the Brownfields Revitalization Incentive Fund established under Maryland Code, Article 83A, Section 3-904. The contribution must be equal to 30% of the Increased Property Tax Liability of the Qualified Brownfields Site.

  (f)   Termination of credit.  A recipient of a property tax credit under this Article is no longer eligible if:

    (1)   the recipient of the property tax credit withdraws from the voluntary cleanup program under Section 7-512(A) or (B) of the Environment Article of the Maryland Code; or

    (2)   the Maryland Department of the Environment withdraws approval of a Response Action Plan or a Certificate of Completion under Section 7-512(E) and (F) of the Environment Article of the Maryland Code.

**Sec. 52-92. Property tax credit — senior citizens of limited income.**

  (a)   The Director of Finance must allow a tax credit each year against the general County tax and all special service area taxes imposed on any real property that is owned by, and is the principal residence of, an individual who:

    (1)   is at least 65 years old; and

    (2)   qualifies to receive either the state Homeowners’ Property Tax Credit or the County supplement to the Homeowners’ Property Tax Credit under Section 52-85, or both.

  (b)   For each taxable year, the credit under this Section equals 50% of the total state and County credit awarded for that tax year under state law and Section 52-85.

  (c)   The Director must apply this credit automatically each year to the property tax due from any eligible taxpayer.  A taxpayer need not file an application, other than the application filed to receive the Homeowners’ Property Tax Credit, to receive this credit.  To qualify for this tax credit, the taxpayer must show in that application that at least one individual who owns and resides in the applicable residence is at least 65 years old.

  (d)   The County Executive may issue regulations under method (2) to administer this tax credit.

**Sec. 52-93. Tax credit for certain nonprofit organizations.**

  (a)   The Director of Finance must grant a single tax credit against the amount of the ordinary County taxes or any other special charges or assessments levied against:

    (1)   the personal property owned by any nonprofit, nonstock cooperative housing corporation;

    (2)   leased real property and improvements in the County used exclusively as a theater by nonprofit community theatrical organizations under Titles 6 and 9 of the Tax-Property Article of the Maryland Code; and

    (3)   tangible personal property used to improve, replace, or maintain the roads, common areas, or other common facilities owned by a nonprofit organization, association, or foundation which was formed solely to improve, replace, and maintain the roads, common areas, or other common facilities established under the town sector or planned retirement community zones of Chapter 59 where the common facilities are dedicated for the use of all residents of the development without payment of fees or admissions for their use.

  (b)   The Director of Finance must administer the tax credits granted under Titles 6 and 9 of the Tax-Property Article of the Maryland Code.

  (c)   The County Executive may adopt regulations under method (2) to administer the tax credits consistent with Titles 6 and 9 of the Tax-Property Article of the Maryland Code.

  (d)   Each taxpayer entitled to a credit shall be given a notice of the credit at the time the tax bill is sent to the taxpayer. The credit may be applied for at any time up to October 1 of the taxable year; but if application has not been made on or before that date, the credit shall not be allowed. Application shall be made under oath or affirmation.

**Sec. 52-94. Day care property tax credit.**

  (a)   Credit for child care or day care provider.

    (1)   A taxpayer may receive a property tax credit against the general County tax and special service area taxes for an improvement on real property if the improvement is used exclusively for child care or day care services under state law as a:

      (A)   registered family child care home or large family child care home under Title 9.5, Subtitle 3 of the Education Article of the Maryland Code, as amended;

      (B)   licensed child care center under Title 9.5, Subtitle 4 of the Education Article of the Maryland Code, as amended;

      (C)   licensed day care center for the elderly under Title 14, Subtitle 2 of the Health – General Article of the Maryland Code, as amended; or

      (D)   licensed day care center for adults under Title 14, Subtitle 3 of the Health – General Article of the Maryland Code, as amended.

    (2)   For each improvement, the credit must not exceed in each year the lesser of:

      (A)   $10,000; or

      (B)   the amount of the general county tax and special service area taxes attributable to the improvement.

    (3)   The Department of Finance administers this subsection. A taxpayer must apply for the tax credit with the Department of Finance by April 1 to receive the credit in the next taxable year. The taxpayer must certify in writing that the child care or day care provider:

      (A)   is licensed or registered by the  State; and

      (B)   will accept  clients whose care is subsidized by the County, State, or federal government, if the child care or day care provider has space.

    (4)   A taxpayer must not receive a credit under this subsection if the real property qualifies for a credit under subsection (b).

  (b)   Credit for family child care home or child care center on business property.

    (1)   A taxpayer may receive a property tax credit against the general County tax and special service area taxes for an improvement on real property owned by a business with at least 25 employees if the improvement is used exclusively for child care services under state law as a:

      (A)   registered family child care home or large family child care home under Title 9.5, Subtitle 3 of the Education Article of the Maryland Code, as amended; or

      (B)   licensed child care center under Title 9.5, Subtitle 4 of the Education Article of the Maryland Code, as amended.

    (2)   For each improvement, the credit must not exceed in each year the lesser of:

      (A)   $10,000; or

      (B)   the amount of the general County tax and special service area taxes attributable to the improvement.

    (3)   The Department of Finance administers this subsection.  A taxpayer must apply for the tax credit with the Department of Finance by April 1 to receive the credit in the next taxable year.  The taxpayer must certify in writing that the child care or day care provider is licensed or registered by the State.

  (c)   Executive regulations.

The County Executive must adopt regulations under method (3) to implement this Section.

  (d)   Reports.

The County Executive must report annually to the County Council on the use of the day care and child care property tax credit.

**Sec. 52-95. Personal property tax—Research and development exemption.**

  (a)   Definitions. In this Section, the following words have the meanings indicated.

    (1)   Research and development means:

      (A)   basic and applied research in the sciences and engineering; and

      (B)   the design, development, and governmentally required pre-market testing of prototypes, products, and processes.

    (2)   Research and development does not include:

      (A)   market research;

      (B)   research in the social sciences or psychology and other nontechnical activities;

      (C)   routine product testing;

      (D)   sales services;

      (E)   technical and nontechnical services; or

      (F)   research and development of a public utility.

    (3)   Director means the Director of the Department of Finance or the Director’s designee.

  (b)   General. Any machinery, equipment, materials, and supplies consumed in or used primarily in research and development are exempt from the County property tax to the extent authorized in this section.

  (c)   Amount. The exemption is equal to the County property tax imposed on the assessment of the property which exceeds 25% of the original cost of the property.

  (d)   Applicability. The exemption applies to taxable years beginning July 1, 1996.

**Sec. 52-96. Property tax credit—Leased property—Religious organizations.**

  (a)

    (1)   This Section applies only where a religious organization is contractually liable as a lessee under a lease to pay real property taxes of the property.

    (2)   For purposes of this Section, the term “religious organization” means a religious organization that is certified under Section 501(c)(3) or (d) of the United States Internal Revenue Code.

  (b)   Beginning with the tax year starting on July 1, 1995, a tax credit may be granted to the lessor of real property against County ad valorem property taxes, including special service area taxes, up to the amount of property taxes levied by the County:

    (1)   for that portion of the property that is leased, occupied, and used by a religious organization during the tax year exclusively for:

      (A)   public religious worship;

      (B)   educational purposes; or

      (C)   office space necessary to support or maintain public religious worship or educational purposes; and

    (2)   for which the religious organization is contractually liable.

  (c)   The tax credit under this Section does not apply:

    (1)   to property that is leased, occupied, or used by the religious organization for the purpose of making a profit; or

    (2)   when the religious organization no longer occupies the property.

  (d)   The lessor of property eligible for a tax credit under this Section must reduce by the amount of the tax credit the amount of taxes for which the religious organization is contractually liable under the lease agreement with the lessor.

  (e)   If a religious organization no longer occupies property during a tax year for which a tax credit has been allowed, or if the organization no longer uses the property for the purposes listed in subsection (b)(1), the tax credit expires and the organization must immediately notify the Department.  The Department must then issue a bill for the additional tax due, which is the pro rata share of the credit for the remainder of the tax year.

  (f)

    (1)   The Department of Finance administers this Section.

    (2)   A taxpayer must apply for the tax credit by the first day of April which precedes the tax year in which the tax credit is used.  An application must be made on such forms as the Department of Finance prescribes.  The applicant must submit a copy of the lease agreement with the religious organization and any other supporting information or certification required by the Department of Finance.

    (3)   The County Executive must adopt regulations under method (2) for administration of this Section.

    (4)   The County Executive must report on the number and dollar value of all applications submitted and tax credits granted under this Section.  This information should be included as part of the County Executive’s recommended budget and should cover the fiscal year before the fiscal year for which the budget is submitted.

  (g)   A denial of a tax credit may be appealed to the Maryland Tax Court.

  (h)

    (1)   A person must not knowingly file a false or fraudulent application to obtain a tax credit under this Section.  A violation of this subsection is a Class A violation.

    (2)   In addition to penalties provided under paragraph (1) of this subsection, a person who violates this subsection must pay the County any taxes and interest offset by the credit, any other penalty due, and the County’s fees and costs in any action to enforce this subsection.

**Sec. 52-97.  Property tax credit for Audubon Naturalist Society.**

  The Director of Finance must allow a tax credit against 100 percent of the amount of the ordinary County taxes and special service area taxes levied against real or personal property owned by the Audubon Naturalist Society of the Central Atlantic States, Inc., that is used solely for:

  (a)   the environmental education of the public; or

  (b)   the maintenance of:

    (1)   a natural area for public use; or

    (2)   a sanctuary for wildlife.

**Sec. 52-98.  Property tax credit - fire sprinkler systems.**

  (a)   A taxpayer may receive a one-time property tax credit against the general county tax for any residential building in which a fire sprinkler system was not legally required to be installed, if an approved fire sprinkler system is installed on or after July 1, 2000.

  (b)   For each residential building where a sprinkler system is installed, the credit must not exceed the lower of:

    (1)   the total cost of installing the sprinkler system; or

    (2)   50 percent of the general county property tax attributable to the residential building.

  (c)   The Department of Finance must administer this credit and include with each residential property tax bill a notice of the availability of the credit and where to obtain more information.

  (d)   A taxpayer must apply for the tax credit in the year the sprinkler system is installed to receive the credit in that tax year or the next tax year.  The taxpayer must:

    (1)   show that the installed sprinkler system complies with codes and standards established by the State Fire Prevention Commission and any applicable County building and fire safety codes, and

    (2)   document the cost to the taxpayer of the sprinkler system.

  (e)   The County Executive may adopt regulations under method (2) to implement this Section.

  (f)   The Executive must report annually to the County Council on the use of this tax credit.

**Sec. 52-99. Property tax credit — arts and entertainment district.**

  (a)   In this Section the following words have the meanings indicated.

    Arts and Entertainment District, Arts and Entertainment Enterprise, and Qualifying Residing Artist are defined in Section 4-701 of Article 83A of the Maryland Code.

    Base year means the taxable year immediately before the taxable year in which a property tax credit under this section is granted.

    Base year value means the value of the property used to determine the assessment on which the property tax was imposed for the base year.  Base year value does not include any property first assessed in the base year.

    Eligible assessment means the difference between the base year value and the actual assessed value for the applicable taxable year in which the tax credit under this section is granted.

  (b)   The Director of Finance must allow a tax credit, as authorized by state law, to a taxpayer against the County property tax imposed on a manufacturing, commercial, or industrial building that:

    (1)   is located in an arts and entertainment district; and

    (2)   is wholly or partially constructed or renovated to be capable for use by a qualifying residing artist or an arts and entertainment enterprise.

  (c)   A tax credit granted under this Section applies for 10 years, as provided in subsection (d), for that portion of the building that is used by a qualifying residing artist or an arts and entertainment enterprise.

  (d)   The Director must calculate a tax credit allowed under this Section as follows:

    (1)   Except for properties allowed an Enterprise Zone Tax Credit, the amount of the tax credit under this Section is the following percentage of the amount of property tax imposed on the eligible assessment of the property entitled to the credit:

      (A)   80% in each of the first 5 taxable years after the calendar year when the property initially is entitled to the credit;

      (B)   70% in the 6th taxable year;

      (C)   60% in the 7th taxable year;

      (D)   50% in the 8th taxable year;

      (E)   40% in the 9th taxable year; and

      (F)   30% in the 10th taxable year.

    (2)   For properties allowed an Enterprise Zone Tax Credit, the amount of the tax credit under this Section is 20% of the amount of property tax imposed on the eligible assessment of the property entitled to the credit for each of the 10 taxable years after the calendar year when the property initially is entitled to the credit.  The credit under this Section is in addition to the Enterprise Zone Tax Credit.

**Sec. 52-100. Property tax credit — surviving spouse of law enforcement officer or rescue worker.**

  (a)   The Director of Finance must allow a tax credit against the County property tax imposed on a dwelling that is owned by a surviving spouse of a fallen law enforcement officer or fallen rescue worker if the Director of Finance certifies that the taxpayer was qualified under State law for the credit before the end of the taxable year.

  (b)   The amount of the credit is 100 percent of the County property tax due from the taxpayer, subject to any other limits in State law.

  (c)   The County Executive may issue regulations under method (2) to administer this tax credit.

  (d)   In this Section:

    (1)   “dwelling”, “surviving spouse”, “fallen law enforcement officer”, and “fallen rescue worker” have the meanings provided in the State law authorizing this property tax credit;

    (2)   a qualified surviving spouse is deemed to “own” a dwelling if the surviving spouse has or shares any legal responsibility to pay State or County property tax on the dwelling;

    (3)   “law enforcement officer” means an individual who is authorized by law to make arrests in an official capacity as a member of any local, state, or federal government law enforcement agency; and

    (4)   “rescue worker” means an individual who is a member of any public, private, or volunteer fire, rescue, or emergency medical service.

**Sec. 52-101. Home computer telecommuting incentive.**

  (a)   An employer may receive an annual tax credit against the County personal property tax for the purchase of a new home computer or new laptop computer to establish a new off- site employee workstation, if the computer is purchased after December 31, 2005.  This tax credit does not apply to the operating personal property of a public utility.

  (b)   The amount of the tax credit must not exceed 50% of the cost of each new home computer or new laptop computer.  The aggregate tax credit allowed for any taxpayer in any tax year must not exceed $2,000.

  (c)   The Department of Finance must administer this credit.  The Department must allow each tax credit in the order in which the Department receives the application for the credit.

  (d)   The total amount of credits allowed in each tax year must not exceed:

    (1)   $100,000 in 2006;

    (2)   $175,000 in 2007; and

    (3)   $250,000 in 2008.

Starting in 2009, the County Council must set the total amount of credits allowed in each future tax year by resolution.  If the Council takes no action for any year, the amount allowed for the prior year also applies to that year.

  (e)   An employer is eligible for and must apply for the tax credit within 12 months after a new computer purchase.  The tax credit must be applied in the tax year of the purchase or the following tax year.  The employer must:

    (1)   show that the computer will be used for telecommuting;

    (2)   affirm that the employee works at home at least 78 days per calendar year or an alternative minimum number of days set by regulation; and

    (3)   document the date of purchase and the cost of the computer.

  (f)   The County Executive must adopt regulations under method 2 to implement this Section.

  (g)   The County Executive or a designee must report annually to the County Council on the use of the tax credit and provide information on the number of employees telecommuting under this credit.

**Sec. 52-102. Property tax credit — nonprofit swim clubs.**

  (a)   The Director of Finance must allow a tax credit each year against the general County tax and all special service area taxes imposed on a nonprofit swim club that uses its facility exclusively to provide a recreational outlet for a local community.

  (b)   For each taxable year, the Director must calculate the amount of the credit so that the credit equals the property tax owed.

  (c)   The County Executive may issue regulations under method (2) to administer this tax credit.

**Sec. 52-103. Property tax credit — energy and environmental design.**

  (a)   Definitions.  In this Section the following words have the meanings indicated:

    (1)   “Covered building” means a newly constructed or extensively modified non- residential or multi-family residential building that has or will have at least 10,000 square feet of gross floor area.

    (2)   “Extensively modified” means any structural modification which alters more than 50% of the building’s gross floor area, as indicated on the application for a building permit. Extensively modified does not include any modification that is limited to one or more of the following building systems: mechanical; electrical; plumbing; heating, ventilation, and air conditioning (HVAC); and fire protection.

    (3)   “High performance building” means:

      (A)   A covered building that achieves:

        (1)   A gold or platinum rating from the USGBC for LEED-NC, LEED-CS, or LEED-EB; or

        (2)   An energy and environmental design standard that the Director of the Department of Permitting Services finds is equivalent to a gold or platinum rating from the USGBC for LEED-NC, LEED- CS, or LEED-EB; and

      (B)   Any other building that achieves:

        (1)   A silver, gold, or platinum rating from the USGBC for LEED- NC, LEED-CS, or LEED-EB; or

        (2)   An energy and environmental design standard that the Director of the Department of Permitting Services finds is equivalent to the silver, gold or platinum rating from the USGBC for LEED- NC, LEED-CS, or LEED-EB.

    (4)   “LEED-CS” means the Leadership in Energy and Environmental Design - Core and Shell rating system administered by the USGBC.

    (5)   “LEED-EB” means the Leadership in Energy and Environmental Design - Existing Building rating system administered by the USGBC.

    (6)   “LEED-NC” means the Leadership in Energy and Environmental Design - New Construction rating system administered by the USGBC.

    (7)   “Property tax” means the general County tax and all special service area taxes.

    (8)   “USGBC” means the US Green Building Council.

  (b)   Credit.  Subject to the restrictions in subsections (c), (d), and (e), the Director of the Department of Finance must allow a tax credit each eligible year against the property tax imposed on a high performance building.

  (c)   Application and sunset dates.  To qualify for a tax credit under this Section, a taxpayer must submit an application of intent to apply for the credit by January 1, 2022 and either:

    (1)   for LEED-EB project certification, receive LEED-EB project certification for an eligible LEED-EB building and submit an application to the Director by January 1, 2023; or

    (2)   for LEED-CS or LEED-NC certification, receive a building permit for an eligible LEED-CS or LEED-NC building and submit an application to the Director by January 1, 2024.

  (d)   Amount of credit.

    (1)   For a covered building, the amount of the credit is:

      (A)   25% of the property tax owed on the building for 5 years, if the building achieves a gold rating for LEED-NC or LEED-CS or an equivalent standards;

      (B)   75% of the property tax owed on the building for 5 years, if the building achieves a platinum rating for LEED-NC or LEED-CS or an equivalent standard;

      (C)   10% of the property tax owed on the building for 3 years, if the building achieves the gold rating for LEED-EB or an equivalent standard; or

      (D)   50% of the property tax owed on the building for 3 years, if the building achieves the platinum rating for LEED-EB or an equivalent standard.

    (2)   For any other building, the amount of the credit is:

      (A)   25% of the property tax owed on the building for 5 years, if the building achieves a silver rating for LEED-NC or LEED-CS or an equivalent standard;

      (B)   50% of the property tax owed on the building for 5 years, if the building achieves a gold rating for LEED-NC or LEED-CS or an equivalent standard;

      (C)   75% of the property tax owed on the building for 5 years, if the building achieves a platinum rating for LEED-NC or LEED-CS or an equivalent standard;

      (D)   10% of the property tax owed on the building for 3 years, if the building achieves the silver rating for LEED-EB or an equivalent standard;

      (E)   25% of the property tax owed on the building for 3 years, if the building achieves the gold rating for LEED-EB or an equivalent standard; and

      (F)   50% of the property tax owed on the building for 3 years, if the building achieves the platinum rating for LEED-EB or an equivalent standard.

  (e)   Annual limits.

    (1)   Subject to the annual limits in paragraph (2) and the carryover rules in paragraph (3), the Director must grant credits in the order in which the Department of Finance receives complete applications.

    (2)   During any fiscal year the total credits granted to:

      (A)   All buildings under this Section must not exceed $5 million.

      (B)   Buildings that achieve a silver rating or equivalent standard must not exceed $1.5 million; and

      (C)   Buildings that achieve a gold rating or equivalent standard must not exceed $2.5 million.

    (3)   A complete application that, if granted, would cause any of the limits set in paragraph (2) to be exceeded, must be granted in the next fiscal year or years based on the order in which the Department of Finance received the application.

  (f)   Regulations. The County Executive may issue regulations under method (2) to administer this tax credit.

**Sec. 52-103A. Property tax credit — energy conservation devices for existing energy-efficient buildings.**

  (a)   Intent.  The intent of this Section is to:

    (1)   encourage building owners to increase the energy performance of existing buildings;

    (2)   incentivize building owners to reduce the energy and climate impacts of existing buildings, as the built environment generates more than half of the County’s measured community-wide greenhouse gas emissions;

    (3)   advance the County’s aggressive climate goals of an 80 percent reduction in greenhouse gas emissions by 2027 and zero emissions by 2035;

    (4)   institute regular review of the tax credits outlined in this Section to ensure that they are meeting the goals under paragraphs (1) through (3); and

    (5)   implement tax credits under Sections 9-203 and 9-242(a) of the Tax-Property Article of the Maryland Code, as amended.

  (b)   Definitions.  In this Section the following words have the meanings indicated:

    Accredited building professional means an individual that holds a valid and current credential from a building certification organization.

    Baseline ENERGY STAR Score means the ENERGY STAR score of a building calculated over any consecutive 12-month period when the scored building is at least 50 percent occupied.

    BRE Global means the Building Research Establishment Global.

    BREEAM means the Building Research Establishment Environmental Assessment Method rating system administered by BRE Global.

    Building certification organization means a third-party organization that administers the rating systems identified in this Section.

    Building Sustainability Tax Credit is the property tax credit received for earned building certifications described in this Section.

    Director means the Director of the Department of Finance or the Director’s designee.

    Energy conservation device means any equipment, device, or material that reduces the demand for conventional fuels or increases the efficiency of these fuels, but is not a standard household appliance, including:

    (1)   insulation in any wall, roof, floor, foundation, or heating and cooling distribution system;

    (2)   a storm window or door, multi-glazed window or door, heat-absorbing or heat-reflective glazed and coated window and door system, or additional glazing, reduction in glass area, and other window and door system modification that reduces energy consumption;

    (3)   an automated energy control system;

    (4)   a heating, ventilating, or air-conditioning and distribution system modification or replacement;

    (5)   caulking, weather-stripping, and air sealing;

    (6)   replacement or modification of a lighting fixture to reduce the energy use of the lighting system;

    (7)   an energy recovery system;

    (8)   a day lighting system;

    (9)   a measure that reduces the usage of water or increases the efficiency of water usage; or

    (10)   any other installation or modification of equipment, device, or other material intended to decrease energy consumption.

    Energy-efficient building means a non-residential or multi-family residential building that: (1) has or will have at least 10,000 square feet of gross floor area; (2) has received a Certificate of Occupancy from the Department of Permitting Services; (3) has achieved at least a minimum 50 percent occupancy rate for at least 12 consecutive months; and (4) has demonstrated energy improvements consistent with the requirements of this Section.

    Energy Reduction Tax Credit is the property tax credit received for energy performance improvements described in this Section.

    ENERGY STAR Data Verification Checklist means a report generated in the ENERGY STAR Portfolio Manager tool to document property use details and energy consumption.

    ENERGY STAR Portfolio Manager means the no-cost web-based energy management tool developed and maintained by the U.S. Environmental Protection Agency to track and assess building energy performance.

    ENERGY STAR Score means the numerical measure of a building’s energy use generated through the use of ENERGY STAR Portfolio Manager.

    ENERGY STAR score metric reference data means the market data used by the U.S. Environmental Protection Agency to generate the ENERGY STAR Score.

    Energy Use Intensity or EUI refers to the amount of energy used in a building per square foot per year.

    Equity Emphasis Area means an area identified as an equity emphasis area by National Capital Region Transportation Planning Board.

    Improved ENERGY STAR Score means the ENERGY STAR score of a building calculated within a consecutive 12-month period when the scored building is at least 50 percent occupied, demonstrating energy savings resulting from the use of a qualifying energy conservation device.

    LEED means the Leadership in Energy and Environmental Design rating system administered by the USGBC.

    Occupancy means the percentage of a building that is occupied and operational.

    Property tax means the general County property tax and all special service area taxes.

    USGBC means the United States Green Building Council.

  (c)   Credit.  The Director must allow a tax credit each eligible year against the property tax imposed on an energy-efficient building under this Section.

  (d)   Application.  An application by the owner of an energy-efficient building for a tax credit must be in the form prescribed by the Director and include:

    (1)   a description and installation date of the energy conservation device installed in the building;

    (2)   the ENERGY STAR Portfolio Manager Data Verification Checklists documenting the baseline and improved (within the past year) ENERGY STAR scores of an existing energy-efficient building, signed by an accredited building professional; and

    (3)   if the Building Sustainability Tax Credit is sought, verified documentation demonstrating qualification within the past year for the Building Sustainability Tax Credit in subsection (f).

  (e)   Energy Reduction Tax Credit authorized under Section 9-203 of the Tax-Property Article of the Maryland Code.

    (1)   An energy-efficient building may receive an Energy Reduction Tax Credit for achieving energy use reductions under this subsection and, if that credit is granted, may receive:

      (A)   an additional Building Sustainability Tax Credit under subsection (f); and

      (B)   an expanded credit under subsection (g) for buildings located in Equity Emphasis Areas.

    (2)   For the Energy Reduction Tax Credit, the percentage of the annual County property tax credit, awarded for 2 years, is calculated by subtracting an energy-efficient building’s 12-month baseline ENERGY STAR score from the improved 12-month ENERGY STAR score, then multiplying the difference by the multiplier below based on the improved ENERGY STAR score:

      (A)   if the improved ENERGY STAR score falls between 1-24, multiply the difference by 1.0;

      (B)   if the improved ENERGY STAR score falls between 25-49, multiply the difference by 1.5;

      (C)   if the improved ENERGY STAR score falls between 50-74, multiply the difference by 2.0; or

      (D)   if the improved ENERGY STAR score falls between 75-100, multiply the difference by 2.5.

    (3)   Baseline and Improved ENERGY STAR Score 12-month time periods must not:

      (A)   overlap;

      (B)   include the energy conservation device installation period; or

      (C)   be more than 6 calendar years apart.

    (4)   The Baseline ENERGY STAR Score 12-month time period must not begin earlier than August 26, 2018. Baseline and Improved ENERGY STAR Score 12-month time periods must use the same ENERGY STAR score metric reference data.

    (5)   If a building is not able to earn the ENERGY STAR score due to the property use type, the Director may accept the USGBC alternative compliance path for Energy Use Intensity (EUI).

  (f)   Building Sustainability Tax Credit authorized under Section 9-242(a) of the Tax-Property Article of the Maryland Code.

    (1)   The owner of an energy-efficient building seeking the Building Sustainability Tax Credit must apply for that tax credit simultaneously with the Energy Reduction Tax Credit. The amount of the Building Sustainability Tax Credit must be added to the Energy Reduction Tax Credit. The Building Sustainability Tax Credit must be equal to:

      (A)   25% of the property tax owed on the building for 2 years, if the building achieves the most recent version available of LEED O+M Gold, BREEAM In-Use Excellent or an equivalent standard; or

      (B)   50% of the property tax owed on the building for 2 years, if the building achieves the most recent version available of LEED O+M Platinum, BREEAM In-Use Outstanding or an equivalent standard.

    (2)   To be approved for the Building Sustainability Tax Credit, an energy-efficient building must also be approved for the Energy Reduction Tax Credit.

  (g)   Expanded credit for buildings in Equity Emphasis Areas.

    (1)   The owner of an energy-efficient building located within an Equity Emphasis Area at the time of application may qualify for an expanded credit under this subsection.

    (2)   The owner must apply for a credit under this subsection simultaneously with an application for the Energy Reduction Tax Credit.

    (3)   The amount of the tax credit under this subsection must be added to the Energy Reduction Tax Credit for each year that the Energy Reduction Tax Credit is granted.

    (4)   The amount of the tax credit under this subsection must be equal to 10% of the annual property tax owed on the building.

  (h)   Total Maximum Credit.  The maximum credit that an energy-efficient building may be granted in any year must not exceed 100% of the building’s annual County property tax liability.

  (i)   Annual limits.  In any fiscal year, the Director must not award more than $5 million in total tax credits granted to all buildings under this Section.

  (j)   Reapplications.

    (1)   The owner of an energy-efficient building awarded a tax credit under this Section may reapply twice after the initial 2-year credit cycle. The maximum

number of applications a building owner may submit is 3, consisting of 1 initial application and 2 reapplications.

    (2)   For any reapplications, the building owner must submit a new Baseline ENERGY STAR Score for the building and describe the improvements performed to achieve the energy reduction. The Baseline ENERGY STAR Score for a reapplication may not be older than the 12-month time period used for the Improved ENERGY STAR Score for the previously approved tax credit. If an owner received a Building Sustainability Tax Credit based upon certification as LEED O+M Gold, BREEAM In-Use Excellent or an equivalent standard, the building must achieve a higher certification, such as LEED O+M Platinum, BREEAM In-Use Outstanding or an equivalent standard, upon reapplication.

  (k)   Credit Review.

    (1)   On or before October 1 of each year, the Director of Finance must prepare a report on the status of the Energy Reduction Tax Credit and Building Sustainability Tax Credit.

    (2)   Every 3 years, the County Executive must submit a report to the County Council reviewing the effectiveness of the Energy Reduction Tax Credit and Building Sustainability Tax Credit and make recommendations on any credit alterations.

  (l)   Regulations.  The County Executive may issue regulations under method (2) to administer the Energy Reduction Tax Credit and the Building Sustainability Tax Credit.

**Sec. 52-103B. Property tax credit — newly constructed energy-efficient buildings.**

  (a)   Intent.  The intent of this Section is to:

    (1)   encourage building owners to increase the energy performance of newly constructed buildings beyond current Building and Zoning Code requirements at time of application;

    (2)   incentivize building owners to reduce the energy and climate impacts of newly constructed buildings, as the built environment generates more than half of the County’s measured community-wide greenhouse gas emissions;

    (3)   advance the County’s aggressive climate goals of an 80 percent reduction in greenhouse gas emissions by 2027 and zero emissions by 2035;

    (4)   institute regular review of the tax credits outlined in this Section to ensure that they are meeting the goals under paragraphs (1) through (3); and

    (5)   implement a tax credit under Section 9-242(a) of the Tax-Property Article of the Maryland Code, as amended.

  (b)   Applicability.  The credit authorized by this Section applies to any tax year beginning January 1, 2022.

  (c)   Definitions.  In this Section the following words have the meanings indicated:

    BRE Global means the Building Research Establishment Global.

    BREEAM means the Building Research Establishment Environmental Assessment Method rating system administered by BRE Global.

    Building Code requirement means any code, standard, zoning ordinance, or other requirement related to commercial and multi-family building construction and permitting processes that applies to a newly constructed energy-efficient building.

    Equity Emphasis Area means an area identified as an equity emphasis area by National Capital Region Transportation Planning Board.

    New Building Sustainability Tax Credit is the property tax credit received for earned building certifications described in this Section.

    Director means the Director of the Department of Finance or the Director’s designee.

    Newly constructed energy-efficient building means:

      (A)   An unoccupied non-residential or multi-family residential “core and shell” building, of at least 10,000 square feet in gross floor area, with full mechanical systems, electrical distribution infrastructure, and a weather-sealed thermal envelope that has achieved substantial completion and received a Certificate of Occupancy from the Department of Permitting Services within the past year;

      (B)   A newly constructed non-residential or multi-family building, of at least 10,000 square feet in gross floor area, that has achieved substantial completion and received a Certificate of Occupancy from the Department of Permitting Services within the past year; or

      (C)   A non-residential or multi-family building, of at least 10,000 square feet in gross floor area, that has undergone a major renovation that warrants bringing the entire building up to current Building Code standards and has received final inspection and approval from the Department of Permitting Services.

    New Building Energy Reduction Tax Credit is the property tax credit received for energy performance improvements described in this Section.

    LBC or Living Building Certification means the Living Building Certification administered by the International Living Future Institute.

    LEED means the Leadership in Energy and Environmental Design rating system administered by the USGBC. In this Section, LEED building certification includes all eligible rating systems for newly constructed non-single-family-residential buildings.

    NGBS means the National Green Building Standard rating system administered by Home Innovation Research Labs.

    PassiveHouse means the PassiveHouse standard administered by PHIUS.

    PHIUS means the PassiveHouse Institute US.

    Property tax means the general County property tax and all special service area taxes.

    USGBC means the United States Green Building Council.

  (d)   Credit.  The Director must allow a tax credit each eligible year against the property tax imposed on a newly constructed energy-efficient building under this Section.

  (e)   Application.

    (1)   An application by the owner of a newly constructed energy-efficient building for a tax credit must be in the form prescribed by the Director and must include:

      (A)   a certification from the Department of Permitting Services within the past year indicating the percentage performance above current Building Code requirements at time of application demonstrated by the newly constructed energy-efficient building for the New Building Energy Reduction Tax Credit; and

      (B)   if the New Building Sustainability Tax Credit is sought after receiving the New Building Energy Reduction Tax Credit, verified documentation by the newly constructed energy-efficient building demonstrating qualification for the New Building Sustainability Tax Credit within two years after obtaining a use and occupancy permit.

    (2)   A building owner that has received either a New Building Energy Reduction Tax Credit or a New Building Sustainability Tax Credit may not reapply for either credit for the same newly constructed building in any later tax year.

  (f)   New Building Energy Reduction Tax Credit.

    (1)   A newly constructed energy-efficient building may receive a New Building Energy Reduction Tax Credit for achieving energy use reductions as outlined in this subsection and, if that credit is granted, may receive an additional New Building Sustainability Tax Credit as described in subsection (g).

    (2)   To be eligible for the New Building Energy Reduction Tax Credit, a newly constructed energy-efficient building owned by the applicant must achieve a minimum 10 percent increase in energy performance above the current applicable building code requirements at time of application using an energy modeling software approved by the Department of Permitting Services.

    (3)   For the New Building Energy Reduction Tax Credit, the percentage of the annual County property tax credit awarded for 4 years is calculated by rounding a newly constructed energy-efficient building’s performance above building code requirements to the nearest whole number and multiplying it by the multiplier below:

      (A)   if the building’s performance above Code is between 10 and 20 percent, multiply the building performance percentage figure by 0.5;

      (B)   if the building’s performance above Code is between 21 and 30 percent, multiply the building performance percentage figure by 1.0;

      (C)   if the building’s performance above Code is between 31 and 40 percent, multiply the building performance percentage figure by 1.5; or

      (D)   if the building’s performance above Code is above 40 percent, multiply the building performance percentage figure by 2.0.

  (g)   New Building Sustainability Tax Credit.  The owner of a newly constructed energy-efficient building seeking the New Building Sustainability Tax Credit must apply for that tax credit after receiving the New Building Energy Reduction Tax Credit.

    (1)   The amount of the New Building Sustainability Tax Credit must be equal to:

      (A)   25% of the property tax owed on the building for 4 years if the building achieves the most recent version available of LEED Gold, NGBS Gold, PHIUS+/PassiveHouse, BREEAM-NC Excellent or an equivalent standard;

      (B)   75% of the property tax owed on the building for 4 years if the building achieves the most recent version available of LBC Petal Certification, LEED Platinum, NGBS Emerald, BREEAM-NC Outstanding or an equivalent standard; or

      (C)   75% of the property tax owed on the building for 5 years if the building achieves the most recent version available of Living Building Certification.

    (2)   To be approved for the New Building Sustainability Tax Credit, an energy-efficient building must first be approved for the New Building Energy Reduction Tax Credit.

  (h)   Expanded credit for buildings in Equity Emphasis Areas.

    (1)   The owner of a newly constructed energy-efficient building located within an Equity Emphasis Area at the time of application may qualify for an expanded credit under this subsection.

    (2)   The owner must apply for a credit under this subsection simultaneously with an application for the New Building Energy Reduction Tax Credit.

    (3)   The amount of the tax credit under this subsection must be added to the New Building Energy Reduction Tax Credit for each year that the New Building Energy Reduction Tax Credit is granted.

    (4)   The amount of the tax credit under this subsection must be equal to 10% of the annual property tax owed on the building.

  (i)   Total Maximum Credit.  The maximum credit under this Section that an energy-efficient building may be granted in any fiscal year must not exceed 100% of the building’s annual property tax liability.

  (j)   Credit Review.

    (1)   By October 1 of each year, the Director must prepare a report on the status of the New Building Energy Reduction Tax Credit and the New Building Sustainability Tax Credit.

    (2)   Every 3 years, the County Executive must submit a report to the Council reviewing the effectiveness of the New Building Energy Reduction Tax Credit and the New Building Sustainability Tax Credit and making recommendations on any credit alterations.

  (k)   Regulations.  The County Executive may issue regulations under method (2) to administer the New Building Energy Reduction Tax Credit and the New Building Sustainability Tax Credit.

**Sec. 52-104. Property tax credit — renewable energy.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    Director means the Director of the Department of Finance or the Director’s designee.

    Eligible cost means the cost of buying or installing a solar or geothermal energy device or energy conservation device, including any part, component, or accessory necessary to operate the device, that is installed within 12 months before a property owner submits an application to the Department of Finance under subsection (f).

    Energy conservation device means a device that:

    (1)   reduces the demands for conventional fuels or efficiency of these fuels, including:

      (A)   caulking and weatherstripping doors and windows;

      (B)   furnace efficiency modifications, including:

        (i)   replacing a burner, furnace, heat pump, or boiler if the replacement substantially increases the energy efficiency of the heating system;

        (ii)   a device to modify flue openings that increases the energy efficiency of the heating system; and

        (iii)   any electrical or mechanical furnace ignition system which replaces a standing gas pilot light;

      (C)   a programmable thermostat;

      (D)   ceiling, attic, wall, or floor insulation;

      (E)   water heater insulation;

      (F)   storm windows or doors, multiglazed windows or doors, and heat- absorbed or heat-reflective glazed window or door materials;

      (G)   any device which controls demand of appliances and aids load management; and

      (H)   any other conservation device, renewable energy technology, and specific home improvement that the Director finds necessary to assure that energy conservation measures are effective; and

    (2)   meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device.

    Energy conservation device does not include a standard household appliance, such as a washing machine or clothes dryer.

    Geothermal energy device means a device that:

    (1)   uses geothermal energy to heat or cool a structure, to provide hot water for use in the structure, or to generate electricity to be used in the structure; and

    (2)   meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device.

    Solar energy device means a device that:

    (1)   uses solar energy to heat or cool a structure, to provide hot water for use in the structure, or to generate electricity to be used in the structure; and

    (2)   meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device.

    Tax-Property Article means the Tax-Property Article of the Maryland Code.

  (b)   Credit.  As authorized by § 9-203 of the Tax-Property Article, an individual who owns and occupies a single-family home that uses a solar or geothermal energy device or an energy conservation device may receive a credit against the County property tax.  An individual must only receive a credit for a device that the individual owns.

  (c)   Amount of Credit.

    (1)   The credit allowed under this Section for a geothermal or solar energy device is the lower of:

      (A)   50% of the eligible costs; or

      (B)   $5,000 for a heating or cooling system, $1,500 for a hot water supply system, or $5,000 for a device that generates electricity.

    (2)   In any fiscal year, a person must not receive a credit for more than 1 geothermal or solar energy device per property.

    (3)   In any fiscal year, the credit allowed under this Section for eligible costs for all energy conservation devices must not exceed $250 per property.

  (d)   Annual aggregate limit.

    (1)   Unless a larger amount is approved in the annual operating budget or a Council resolution, during any fiscal year, the total credits granted under this Section must not exceed:

      (A)   $400,000 for solar and geothermal energy devices; and

      (B)   $100,000 for energy conservation devices.

    (2)   Credits must be granted in the order in which the Department of Finance receives complete applications under subsection (f).

    (3)   A complete application that, if granted, would cause the limit set in paragraph (1) of this subsection to be exceeded, must be granted in the next fiscal year or years based on the order in which the Department of Finance received the application.

  (e)   Carry Over.

    (1)   The amount of credit in any tax year must not exceed the amount of the County property tax imposed on the property in that tax year.

    (2)   Any amount of credit not taken in the tax year in which an application is approved may be carried over for an additional two years.

    (3)   When a credit is carried over under this subsection, the full amount of the credit must be counted towards the annual aggregate limit established in subsection (d) in the year in which an application is approved.

  (f)   Application.

    (1)   A property owner must submit an application to the Director on or before the date that the Director sets.

    (2)   An application must:

      (A)   be on the form that the Director requires;

      (B)   demonstrate that the taxpayer is entitled to the credit; and

      (C)   include a certification from the Department of Permitting Services, indicating that the device for which the credit is sought:

        (i)   is a solar or geothermal energy device; and

        (ii)   has been properly installed.

    (3)   The Department of Permitting Services must accept a certification by another government agency, including a municipality, that the device has been properly installed.

  (g)   Applicability.  The credit authorized by this Section applies to any tax year beginning after June 30, 2008.  However, the Director must not grant a credit for a solar or geothermal energy device for any application received after November 8, 2011, unless an individual:

    (1)   enters into a contract for eligible costs on or before November 8, 2011; and

    (2)   applies for the credit on or before November 8, 2012.

**Sec. 52-105. Property tax credit — publicly sponsored business incubator.**

  (a)   In this section “business incubator” has the meaning in the State law which authorizes this property tax credit.

  (b)   The Director of Finance must allow a tax credit, as authorized by State law, to a taxpayer against all County property tax and special area tax imposed on property that is used as a business incubator if the State, the County, or an agency or instrumentality of the State or County:

    (1)   owns, controls, or leases the space that is used as a business incubator; or

    (2)   provides at least 50% of the total funding received by the business incubator from all sources, not including rents received from incubator tenant firms.

  (c)   The Department of Finance must administer this credit.

  (d)   The taxpayer must apply annually for the tax credit by the first day of March before the tax year when the tax credit would be allowed.  An application must be filed on forms that the Department prescribes.  The applicant must submit any supporting document, information, or certification required by the Department.

  (e)   Any taxpayer aggrieved by a decision of the Director to deny a credit under this Section may appeal that decision to the Maryland Tax Court.  Each appeal must be filed within 30 days after the taxpayer receives written notice of the decision from the Director.

  (f)   The County Executive may adopt regulations under method (2) to administer this Section.

  (g)   The County Executive must report annually to the County Council on the use of this tax credit.

  (h)

    (1)   A person must not knowingly file a false or fraudulent application to obtain a tax credit under this Section.  A violation of this subsection is a class A violation.

    (2)   In addition to the penalties provided under paragraph (1), a person who violates this subsection must pay the County any taxes, together with interest and penalties, offset by the credit, any other penalty due, and the County’s fees and costs in any action to enforce this subsection.

**Sec. 52-106. Property tax credit — accessibility features.**

  (a)   Definitions.  In this Section, the following terms have the meaning indicated.

    Department means the Department of Permitting Services.

    Director means the Director of the Department or the Director’s designee.

    Eligible costs means costs that are:

    (1)   incurred within 12 months before the property owner submits an application to the Department for the credit;

    (2)   for a feature authorized under this Section, including reasonable costs to install the feature;

    (3)   paid by the applicant and not, or will not be, reimbursed by any entity; and

    (4)   in excess of $500.

    Feature means a permanent modification to a residence that results in:

    (1)   a no-step front door entrance with a threshold that does not exceed ½ inch in depth with tapered advance and return surfaces or, if a no-step front entrance is not feasible, a no-step entrance to another part of the residence that provides access to the main living space of the residence;

    (2)   an installed ramp creating a no-step entrance;

    (3)   an interior doorway that provides a 32-inch wide or wider clearing opening;

    (4)   an exterior doorway that provides a 32-inch wide or wider clear opening, but only if accompanied by exterior lighting that is either controlled from inside the residence, automatically controlled, or continuously on;

    (5)   walls around a toilet, tub, or shower reinforced to allow for the proper installation of grab bars with grab bars installed in accordance with the Americans with Disabilities Act Standards for Accessible Design;

    (6)   maneuvering space of at least 30 inches by 48 inches in a bathroom or kitchen so that a person using a mobility aid may enter the room, open and close the door, and operate each fixture or appliance;

    (7)   an exterior or interior elevator or lift or stair glide unit;

    (8)   an accessibility-enhanced bathroom, including a walk-in or roll-in shower or tub; or

    (9)   an alarm, appliance, and control structurally integrated into the unit designed to assist an individual with a sensory disability.

  (b)   Credit established.  In accordance with Section 9-250 of the Tax-Property Article of the Maryland Code, the owner of real property may receive a property tax credit against the County property tax for a feature that is installed on an existing residence that is the owner’s principal residence when the feature is installed.

  (c)   Credits.

    (1)   The tax credit allowed under this Section is the lesser of:

      (A)   50% of the eligible costs; or

      (B)   $2,500 less any subsidy received from a governmental, quasi-governmental, or non-profit entity for the feature.

    (2)   Any credit that is received which exceeds the annual tax liability of the property may be carried over to the next tax year.

    (3)   The credit runs with the property upon the transfer of title, and the balance of any credit must be applied to the tax bill of the subsequent owner of the property.

  (d)   Annual Limit on Amount of Credits Granted.

    (1)   During any fiscal year, the total of all tax credits granted under this Section must not exceed $100,000.

    (2)   Credits must be granted in the order in which the Department certifies the amount of the credit under subsection (e)(3).

    (3)   A certification of a credit that would cause the limit in subsection (d)(1) to be exceeded must be granted in the next tax year or years, subject to subsections (c) and (d)(1).

  (e)   Application for the Credit.

    (1)   To receive the credit, a property owner must submit an application to the Department:

      (A)   in the format the Department requires;

      (B)   that includes a copy of the building permit to install the feature;

      (C)   that includes any document that the Department requires; and

      (D)   on or before the date the Department sets.

    (2)   The Department must only accept one application for a credit under this Section for each property during a single tax year.

    (3)   The Department must certify to the Department of Finance that the property is eligible for the credit and the amount of the credit.

    (4)   A property owner may submit an application on or after March 1, 2014 for a credit.

  (f)   Administration.

    (1)   The County Executive may adopt regulations under Method (2) to administer this Section.

    (2)   The Department must submit a written report to the Council by October 1 of each year for the preceding fiscal year.  The report must include the following:

      (A)   number of applicants;

      (B)   number of applications approved;

      (C)   modification made by the applicant;

      (D)   other sources from which the applicant received funds or applied for assistance for the modification;

      (E)   efforts to advertise the credit; and

      (F)   any program recommendations.

  (g)   Publicity.  The Department must publicize the credit in a way designed to inform those most likely to benefit from the credit.

  (h)   Effective Date.  The credit authorized by this Section applies to tax years beginning on or after July 1, 2014.

**Sec. 52-107. Property tax credit — level I and level II accessibility standards.**

  (a)   Definitions.  In this Section, the following terms have the meaning indicated:

    Department means the Department of Permitting Services.

    Director means the Director of the Department or the Director’s designee.

    Eligible costs means costs that are:

    (1)   incurred within 12 months before the property owner submits an application to the Department for the credit;

    (2)   for an accessibility feature authorized under this Section, including reasonable costs to install the feature;

    (3)   paid by the applicant and not, or will not be, reimbursed by any entity; and

    (4)   in excess of $500.

    Accessibility Feature means a permanent addition to a single family residence that is a requirement under a Level I or Level II Accessibility Standard.

    Level I Accessibility Standard means a permanent addition to a single family residence that include at least one no-step entrance located at any entry door to the house that is connected to an accessible route to a place to visit on the entry level, a usable powder room or bathroom, and a 32-inch nominal clear width interior door as further defined and described in Executive Regulations adopted under Method 2.

    Level II Accessibility Standard means permanent additions to a single family residence that provide all of the Level I Accessibility Standards plus an accessible circulation path that connects the accessible entrance to an accessible kitchen, a full bath, and at least one accessible bedroom, as further defined and described in Executive Regulations adopted under Method 2.

    Single family residence means an attached or detached single family home.

  (b)   Credit established.  As authorized by Section 9-250 of the Tax-Property Article of the Maryland Code, the owner of a single family residence located in Montgomery County may receive a property tax credit against the County real property tax for the cost of features that achieve Level I or Level II Accessibility Standards.

  (c)   Amount of Credit.  The tax credit permitted by this Section must be as follows:

    (1)   For features meeting Level I Accessibility Standards, certified costs of up to $3,000 less any credit received against the Development Impact Tax for School Improvements under Section 52-58 for those features and less any funds or assistance received for the accessibility feature.

    (2)   For features meeting Level II Accessibility Standards, certified costs of up to $10,000 less any credit received against the Development Impact Tax for School Improvements under Section 52-58 for those features and less any funds or assistance received for the accessibility feature.

    (3)   The maximum amount of credit that may be applied in any one tax year is $2,000.

    (4)   The amount of credit that may be applied in any one tax year must not exceed the amount of County property tax imposed on the property in that year.

    (5)   Any credit that is granted that exceeds the limit set in subsection (c)(3) or exceeds the annual tax liability of the property may be carried over to the next tax year, subject to subsection (c)(3), until the entire amount of the credit is applied.

    (6)   The credit runs with the property upon transfer of title and the balance of any credit must be applied to the tax bill of the subsequent owner of the property.

  (d)   Annual Limit on Amount of Credits Granted.

    (1)   During any tax year, the total of all tax credits granted under this Section must not exceed $500,000.

    (2)   Credits must be granted in the order in which the Department certifies the amount of the credit under subsection (e)(3).

    (3)   A certification of a credit that would cause the limit in subsection (d)(1) to be exceeded must be granted in the next tax year or years subject to subsections (c)(3) and (d)(1).

  (e)   Application for the Credit.

    (1)   To receive the credit, a property owner must submit an application to the Department:

      (A)   in the format the Department requires;

      (B)   that includes a copy of the building permit to install the feature;

      (C)   that includes any document that the Department requires; and

      (D)   on or before the date set in the regulations.

    (2)   The Department must only accept one application for a credit under this Section for each property during a single tax year.

    (3)   The Department must certify to the Department of Finance that the property is eligible for the credit and the amount of the credit.

    (4)   A property owner may apply for a credit on or after March 1, 2014.

  (f)   Administration.

    (1)   The County Executive may adopt regulations under Method (2) to administer this Section.

    (2)   The Department must submit a written report to the Council by October 1 of each year for the preceding tax year.  The report must include the following:

      (A)   number of applicants;

      (B)   number of applications approved;

      (C)   modification made by the applicant; and

      (D)   efforts to promote the credit.

  (g)   Publicity.  The Department must publicize the credit in a way designed to inform those most likely to benefit from the credit.

  (h)   Effective Date.  The credit authorized by this Section applies to tax years beginning on or after July 1, 2014.

**Sec. 52-108. Burtonsville Enterprise Zone Property.**

  (a)   Definitions.  In this Section, the following words have the meanings indicated:

    Base year means the taxable year immediately before the taxable year in which a credit under this Section is to be granted.

    Base year value means the value of the property used to determine the assessment on which the property tax on real property was imposed for the base year. Base year value does not include any new real property that was first assessed in the base year.

    Eligible assessment means the difference between the base year value and the actual value as determined by the Department for the applicable taxable year in which the tax credit under this Section is to be granted.

    Eligible business entity means a person who operates or conducts a trade or business on qualified enterprise zone property but does not own the qualified enterprise zone property.

    Qualified property means real property that:

    (1)   is located within the area encompassed by the Burtonsville Crossroads neighborhood Plan developed by the Montgomery County Planning Department;

    (2)   is zoned for commercial or commercial/residential mixed use development and is used for a commercial purpose; and

    (3)   is improved after the effective date of this Bill and before January 1, 2020 or another date provided in Section 9-317 of the Tax-Property Article.

    Tax-Property Article means the Tax-Property Article of the Maryland Code.

  (b)   Credit.

    (1)   Credit authorized.  The Director of Finance must allow a credit, as authorized by State law, to a taxpayer against all County property tax and imposed on:

      (A)   improvements made by an eligible business entity to qualified property; and

      (B)   personal property owned by an eligible business entity located on qualified property.

    (2)   Duration of credit.  A credit under this Section is available to a qualified property for no more than 5 consecutive years beginning with the taxable year following the calendar year in which the real property initially becomes a qualified property.

    (3)   Amount of credit.  The amount of the credit is equal to 80% of the amount of property tax imposed on the eligible assessment of the qualified property in each of the first 5 taxable years following the calendar year in which the property initially becomes a qualified property.

    (4)   Nonresidential portions of qualified property.  The Department must allocate the eligible assessment to the nonresidential part of the qualified property at the same percentage as the square footages of the nonresidential part is to the total square footage of the building.

    (5)   For purposes of calculating the amount of the credit allowed under this Section, the amount of property tax imposed on the eligible assessment must be calculated without reduction for any credits allowed under the Tax-Property Article.

  (c)   Regulations.  The County Executive may adopt regulations under Method (2) to administer this Section.

  (d)   False or fraudulent applications.

    (1)   A person must not knowingly file a false or fraudulent application to obtain a tax credit under this Section. A violation of this subsection is a Class A violation.

    (2)   In addition to the penalties provided under paragraph (1), a person who violates this subsection must pay the County any taxes, together with interest and penalties, offset by the credit, any other penalty due, and the County’s fees and costs in any action to enforce this subsection.

**Sec. 52-109. Property tax credit — reduced rent for elderly or disabled tenants.**

  (a)   Definitions.  In this Section:

    Director means the Director of Finance or the Director’s designee.

    Elderly or disabled tenant means a tenant who meets the income- and asset-based eligibility requirements established by regulation under subsection (f) and:

    (1)   is at least 65 years old;

    (2)   has been found permanently and totally disabled and has qualified for benefits under:

      (A)   the Social Security Act;

      (B)   the Railroad Retirement Act;

      (C)   any federal act for members of the United States armed forces; or

      (D)   any federal retirement system; or

    (3)   has been found permanently and totally disabled by the County health officer.

    Market rent means an amount, determined by the Department of Housing and Community Affairs, equal to:

    (1)   the rent charged to other tenants for comparable units in the same property; or

    (2)   if there are no other comparable units in the same property, the rent charged for comparable units in the same market area.

    Reduced rent means rent charged to an elderly or disabled tenant that is at least 15% less than market rent.

    Rent reduction means the difference between the market rent and reduced rent for the dwelling.

    Tax-Property Article means the Tax-Property Article of the Maryland Code.

  (b)   Credit.  As authorized by §9-219 of the Tax-Property Article, the owner of a rental dwelling who provides reduced rent to an elderly or disabled tenant may receive a credit against the County property tax.

  (c)   Amount of Credit.

    (1)   The credit allowed under this Section is 50% of the total rent reductions provided by the owner to elderly or disabled tenants during the tax year.

    (2)   A credit granted to a person under this Section must not exceed the amount of County property tax paid by the person in the tax year in which the credit is granted.

  (d)   Annual aggregate limit.

    (1)   Unless a larger amount is approved in the annual operating budget or a Council resolution, during any fiscal year, the total credits granted under this Section must not exceed $250,000.

    (2)   Credits must be granted in the order in which the Department of Finance receives complete applications under subsection (e).

    (3)   A complete application that, if granted, would cause the limit set in paragraph (1) of this subsection to be exceeded, must be granted in the next fiscal year or years based on the order in which the Department of Finance received the application.

  (e)   Application.

    (1)   A property owner must submit an application to the Director on or before the date that the Director sets.

    (2)   An application must:

      (A)   be on the form that the Director requires; and

      (B)   demonstrate that the taxpayer is entitled to the credit.

  (f)   Regulations.  The County Executive must adopt regulations under method (2) to administer this Section, including income- and asset-based tenant eligibility requirements.

**Sec. 52-110. Property tax credit — individuals 65 and above and retired military services members.**

  (a)   Definitions. In this Section, the following words have the meanings indicated:

    Department means the Department of Finance.

    Director means the Director of the Department or the Director’s designee.

    Dwelling has the same meaning as in § 9-105 of the Tax-Property Article of the Maryland Code.

  (b)   Credit. As authorized by § 9-258 of the Tax-Property Article of the Maryland Code, an eligible individual may receive a credit against the County property tax imposed on the dwelling of an eligible individual.

  (c)   Eligibility. An individual is eligible to receive a property tax credit if:

    (1)

      (A)   the individual is at least 65 years old;

      (B)   the individual has lived in the same dwelling for at least the preceding 40 years; and

      (C)   the dwelling for which a property tax credit is sought has a maximum assessed value of $700,000 at the time the individual first applied for the credit;

    (2)

      (A)   the individual is at least 65 years old;

      (B)   the individual is a retired member of the uniformed services of the United States as defined in 10 U.S.C. §101, the military reserves, or the national guard; and

      (C)   the dwelling for which a property tax credit is sought has a maximum assessed value of $550,000 at the time the individual first applied for the credit; or

    (3)

      (A)   the individual is a surviving spouse of a retired member of the uniformed services of the United States as defined in 10 U.S.C. §101, the military reserves, or the national guard;

      (B)   the surviving spouse is at least 65 years old; and

      (C)   the surviving spouse has not remarried.

  (d)   Amount and duration of credit.

    (1)   The credit allowed under this Section is 20% of the County property tax imposed on the dwelling.

    (2)   The credit must be granted each year for 7 years if the individual remains eligible for the credit.

  (e)   Application.

    (1)   A property owner must submit an application to the Director on or before April 1 before the tax year that the individual first seeks to receive the credit. An annual application is not required for an individual to receive the credit.

    (2)   An application must:

      (A)   be on the form that the Director requires; and

      (B)   demonstrate that the taxpayer is entitled to the credit.

  (f)   Regulations. The County Executive may issue regulations under Method 2 to administer this tax credit.

  (a)  The Council declares that this legislation is necessary for the immediate protection of the public interest.  Section 52-110, as amended by Section 1 of this Act, takes effect on July 1, 2019.

  (b)  Notwithstanding Section 52-110(e), an individual that meets the eligibility criteria of Section 52-110(c)(3) must submit an application to the Director on or before October 1, 2019 if the individual seeks to receive the tax credit for Fiscal Year 2020.

  (a)  Section 1 of this Act takes effect on the date on which it becomes law and applies retroactively to March 31, 2018.

  (b)  Section 2 of this Act takes effect on July 1, 2018.  Notwithstanding Section 52-110(e), an individual that meets the eligibility criteria of Section 52-110(c)(3) must submit an application to the Director on or before September 1, 2018 if the individual seeks to receive the tax credit for Fiscal Year 2019.

**Sec. 52-111. Urban Agricultural Tax Credit.**

  (a)   Definitions. In this Section:

    Gross income means the revenue received from the sale of products grown or raised on the property, including the fair market value of food products grown or raised on the property donated to an organization registered as a charitable organization with the Maryland Secretary of State.

    Urban agricultural property means real property in a residential zone that is:

      (1)   at least one-half of an acre and not more than 3 acres;

      (2)   located within 1000 feet of or in a Metro Station Policy Area, as defined in the most recent Growth and Infrastructure Policy adopted under Section 33A-15, including the:

        (A)   Bethesda Central Business District;

        (B)   Friendship Heights;

        (C)   Glenmont;

        (D)   Grosvenor;

        (E)   Rockville Town Center;

        (F)   Shady Grove;

        (G)   Silver Spring Central Business District;

        (H)   Twinbrook;

        (I)   Wheaton Central Business District; and

        (J)   White Flint; and

      (3)   used for urban agricultural purposes.

    Urban agricultural purposes means

      (1)   the cultivation of fruits, vegetables, flowers, and ornamental plants;

      (2)   the limited keeping and raising of fowl or bees; or

      (3)   the practice of aquaculture.

  (b)   Credit required. The Director of Finance must allow each eligible taxpayer a credit against County real property taxes due in each tax year in which the taxpayer is eligible for the credit.

  (c)   Eligibility. A property owner is eligible for the tax credit each year:

    (1)   the urban agricultural property is used solely for urban agricultural purposes, except an individual may also reside on the property;

    (2)   the property owner has more than $5000 in gross income from the sale of products grown or raised on the urban agricultural property; and

    (3)   the property owner files a timely application for the credit with proof of eligibility.

  (d)   Amount of credit. The credit must equal 80% of the County property tax otherwise due on the property.

  (e)   Application. In order to receive the credit, a property owner must apply for the credit with the Office of Agriculture on or before April 1 of the tax year before the first tax year the tax credit is sought on a form containing the information required by the Office of Agriculture. A property owner must apply to continue the credit on or before April 1 of the tax year before each subsequent tax year. The Director of Finance must determine taxpayer eligibility for the credit based upon the recommendation from the Office of Agriculture.

  (f)   Term of credit.

    (1)   The term of the credit is 5 tax years, unless renewed.

    (2)   A taxpayer may apply to renew the credit no later than 90 days before the expiration of the credit for another 5 tax years.

  (g)   Continuous agricultural use required. If, at any time during the term of the credit or the renewal of the credit, the property is no longer used for agricultural purposes:

    (1)   the credit granted to the property must be terminated; and

    (2)   the owner of the property is liable for all property taxes that would have been due if the credit had not been granted for any year that the property was not used for agricultural purposes.

  (h)   Contiguous lots. A property owner may combine 2 or more contiguous subdivision lots under common ownership into one property to satisfy the minimum lot size for an urban agricultural property in subsection (a).

  (i)   Appeal. The Director must take all actions necessary to apply the credit to each eligible taxpayer who applies for the credit and is certified as eligible by the Office of Agriculture. A taxpayer may appeal a final decision by the Director denying or terminating the credit to the Maryland Tax Court within 30 days after receiving a notice of denial or termination from the Director.

**Sec. 52-112. Police Officer Property Tax Credit.**

  (a)   Definitions. In this Section:

    Active volunteer means a local fire and rescue department volunteer who was eligible for a nominal fee for active service for the preceding tax year.

    Correctional officer means a Correctional Officer I, Correctional Officer II, Correctional Officer III, Correctional Dietary Officer I, Correctional Dietary Officer II, Resident Supervisor I, Resident Supervisor II, Resident Supervisor III, Correctional Supervisor-Sergeant, Correctional Dietary Supervisor, Correctional Shift Commander-Lieutenant, Correctional Unit Commander- Captain, Deputy Warden, or Warden employed by the County.

    Deputy sheriff means a deputy sheriff of the Office of the Sheriff for Montgomery County.

    Director means the Director of the Department of Finance or the Director’s designee.

    Dwelling means as defined in Md. Tax-Property Code Ann. § 9-105.

    Public safety emergency communication specialist means a full-time County employee responsible for providing mission critical services between the general public in crisis and law enforcement, fire, emergency medical, and animal control providers in the 9-1-1 emergency communications center.

    Public safety officer means a full-time sworn police officer, firefighter, emergency medical technician or correctional officer employed by the County, the Maryland-National Capital Park and Planning Commission (M-NCPPC), the Washington Suburban Sanitary Commission (WSSC), the Washington Suburban Transit Commission (WSTC), or by a County municipality. Public safety officer also includes a full-time County employee assigned to the Department of Health and Human Services Crisis Center and responsible for providing emergency response services as certified annually by the Chief of Behavioral Health and Crisis Services within the Department of Health and Human Services.

  (b)   Credit required. The Director must allow each eligible taxpayer a credit against County real property taxes due in each tax year in which the taxpayer is eligible for the credit.

  (c)   Eligibility. A taxpayer is eligible for the tax credit each year for residential property located in the County if the taxpayer:

    (1)   is a public safety officer, a public safety emergency communication specialist, a deputy sheriff, or an active volunteer;

    (2)   is using the property as the employee’s principal residence;

    (3)   occupies or is expected to occupy the property for more than 6 months of a 12-month period beginning with the date of finality for the taxable year for which the property tax credit under this section is sought; and

    (4)   is a legal owner of the property.

  (d)   Amount of credit. The credit must equal the lesser of $2,500 or the amount of the County property tax otherwise due on the property.

  (e)   Application. In order to receive the credit, a public safety officer or a public safety emergency communications specialist must apply for the credit with the Director on or before April 1 of the tax year before the first tax year the tax credit is sought on a form containing the information required by the Director. An employee must apply to continue the credit on or before April 1 of the tax year before each subsequent tax year. The Chief of Behavioral Health and Crisis Services within the Department of Health and Human Services must provide the annual certification required under Section 52-112(a) by April 1. The Director must determine taxpayer eligibility for the credit.

  (f)   Continuous eligibility required. If, at any time during the term of the credit or the renewal of the credit, the property is no longer eligible for the credit:

    (1)   the credit granted to the property must be terminated; and

    (2)   the owner of the property is liable for all property taxes that would have been due if the credit had not been granted for any year that the property was not eligible for the credit.

  (g)   Appeal. The Director must take all actions necessary to apply the credit to each eligible taxpayer who applies for the credit and is certified as eligible by the Director. A taxpayer may appeal a final decision by the Director denying or terminating the credit to the Maryland Tax Court within 30 days after receiving a notice of denial or termination from the Director.

**Sec. 52-113. Property tax credit — disabled veterans.**

  (a)   Definitions. In this Section, the following words have the meanings indicated:

    Annual income means the federal adjusted gross income of a tax filer for the immediately preceding taxable year.

    Department means the Department of Finance.

    Director means the Director of the Department or the Director’s designee.

    Disabled veteran means an individual who:

    (1)   is honorably discharged or released under honorable circumstances from active military, naval, or air service as defined in 38 U.S.C. Section 101, as amended; and

    (2)   either:

      (A)   has been declared by the U.S. Department of Veterans Affairs, or its successor, to have a permanent service-connected disability of at least 50 percent that results from blindness or any other disabling cause that:

        (i)   is reasonably certain to continue for the life of the veteran; and

        (ii)   was not caused or incurred by misconduct of the veteran; or

      (B)   has been declared by the U.S. Department of Veterans Affairs to have a nonpermanent service-connected disability of 100 percent that results from blindness or any other disabling cause that was not caused or incurred by misconduct of the veteran.

    Dwelling house means real property that is:

    (1)   the legal residence of a disabled veteran; and

    (2)   occupied by not more than two families.

    Dwelling house includes the lot or curtilage and structures necessary to use the real property as a residence.

    Surviving spouse means an individual who:

    (1)   was married to an eligible disabled veteran at the time of the disabled veteran’s death;

    (2)   has not remarried; and

    (3)   has a legal interest in the dwelling house.

  If the disabled veteran was unmarried at the time of death, or if the individual married to the veteran died simultaneously with or predeceased the veteran, then surviving spouse includes a person with a legal interest in the dwelling house who is:

    (1)   a minor child of the veteran, a trust for the benefit of the minor child, or a legal guardian of the minor child; or

    (2)   if the veteran does not have a minor child, any other legal dependent of the veteran.

  (b)   Credit. As authorized by Section 9-265 of the Tax-Property Article of the Maryland Code, as amended, a disabled veteran, or surviving spouse of the disabled veteran, may receive under this Section a credit against the County property tax imposed on a dwelling house.

  (c)   Eligibility. A disabled veteran is eligible to receive a property tax credit under this Section if:

    (1)   the dwelling house is owned by the disabled veteran;

    (2)   the federal adjusted gross income of the disabled veteran for the immediately preceding taxable year does not exceed $100,000; and

    (3)   the application requirements of subsection (d) are met.

  (d)   Application.

    (1)   A property owner must submit an application to the Director on or before April 1 before the tax year that the individual seeks to receive the credit.

    (2)   An application must:

      (A)   be on the form that the Director requires;

      (B)   include a copy of the disabled veteran’s discharge certificate from active military, naval, or air service; and

      (C)   on the form provided by the Director, include a certification of the disabled veteran’s disability from the U.S. Department of Veterans Affairs or its successor.

    (3)   The disabled veteran’s certificate of disability must not be inspected by individuals other than:

      (A)   the disabled veteran; and

      (B)   appropriate employees of the County as needed to process the application.

    (4)   If a person requests to inspect the veteran’s certificate of disability, or any other information related to the eligibility of a disabled veteran or a surviving spouse, the County immediately must notify the disabled veteran or the surviving spouse of the request.

  (e)   Amount and duration of credit.

    (1)   The property tax credit granted under this section must equal:

      (A)   50 percent of the County property tax imposed on the dwelling house if the disabled veteran’s service-connected disability rating is at least 75 percent and the disabled veteran does not qualify for a property tax exemption under Section 7-208 of the Tax-Property Article of the Maryland Code, as amended; or

      (B)   25 percent of the County property tax imposed on the dwelling house if the disabled veteran’s service-connected disability rating is at least 50 percent but not more than 74 percent.

    (2)   The credit must be granted each year the individual remains eligible for the credit.

    (3)   If a disabled veteran to whom the County granted the credit dies, the County must grant the same credit amount to the surviving spouse of the veteran.

  (f)   Regulations. The County Executive may issue regulations under Method (2) to administer this tax credit.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 53. TAXICABS.

### Article 1. General Provisions

**Sec. 53-101. Definitions.**

  In this Chapter, unless the context indicates otherwise:

  Accessible taxicab means a taxicab that the Department has authorized to transport passengers with disabilities.

  Association means individual licensees who join together to form a business entity to provide taxicab service utilizing a single trade name consisting of a minimum of six licenses.

  Commission means the Taxicab Services Commission.

  Department means the Department of Transportation.

  Director means the Director of the Department or the Director’s designee.

  Dispatch means the traditional methods of pre-arranging vehicle-for-hire service, including through telephone or radio.

  Driver means an individual authorized to operate a taxicab under this Chapter and issued a Taxicab Driver Identification Card.

  Entity means a legally formed business organization in good standing, including any form of sole proprietorship, limited liability company, cooperative, corporation or partnership.

  Fleet means any entity that holds in its own name six or more licenses.

  In service means the operation of a taxicab on any roadway in the County when the driver is not displaying an approved out of service sign or notice.

  Individual Licensee means a person or entity who has an ownership interest in no more than five licenses and who is required to either affiliate with a Fleet or an Association in order to provide Taxicab Service.

  License or Taxicab License means a Passenger Vehicle License issued under this Chapter.

  Licensee means an individual or fleet to whom the Director has issued a license.

  Out of service means a taxicab that:

    (1)   displays a Department approved out of service sign or notice while being operated; or

    (2)   is removed from revenue service and parked.

  Owner means an individual or entity that:

    (1)   is listed with the state motor vehicle agency as holding legal title to a specific motor vehicle;

    (2)   is a conditional vendee or lessee of a vehicle that is the subject of an agreement for conditional sale or lease, if the conditional vendee or lessee has assumed liability, and is authorized to pay judgments and accept any legal notice or service of process, with respect to the vehicle; or

    (3)   acts as the agent of the registered owner for all purposes, including acceptance of liability, payment of judgments and other legal obligations, and receipt of any legal notice or service of process.

  Passenger means a person who engages a taxicab for hire.

  Passenger Vehicle License means a license to provide taxicab service using a specified motor vehicle.

  Seat belt means a seat belt as defined in State law.

  Security seal means a lead and wire seal, or a similar device, attached to a taximeter to secure the meter against unauthorized access, removal, or adjustment.

  Security interest means any security interest, pledge, mortgage, deed of trust, or similar encumbrance, by act or deed or by operation of law, to secure the repayment of indebtedness incurred with respect to a licensee’s taxicab business or the acquisition of a passenger vehicle license by a licensee.

  Taxicab means a motor vehicle that:

    (1)   is designed or configured to carry 7 or fewer persons, not including the operator;

    (2)   is used to provide for-hire taxicab service in the County, and

    (3)   either:

      (A)   appears to be a taxicab or otherwise for hire;

      (B)   displays the words “taxi,” “cab,” or “taxicab” anywhere on the vehicle;

      (C)   is advertised or held out to the public as a taxicab; or

      (D)   is used to respond to an immediate request for passenger transportation.

  Taxicab Driver Identification Card or Identification (ID) Card means a card showing that the holder has qualified to drive a taxicab in the County.

  Taxicab Service means carrying one or more passengers for compensation between points chosen by the passenger:

    (1)   regardless of how or when engaged, for a fare that is based on the distance traveled, time elapsed, or both, except as expressly authorized in this Chapter; or

    (2)   after being engaged by hail from a street, or from a parking lot, taxi stand, or other location where the vehicle is waiting for a request for service.

  A person who provides for-hire transportation service without a valid license or permit from an appropriate governmental authority is a provider of illegal taxicab service irrespective of the type of vehicle used.

  Taxicab Stand means an area marked solely for the use of taxicabs to wait for passengers.

  Transfer:

  (1)   means an assignment, sale, gift, conveyance, or other disposition that has as its purpose or effect the transfer of the rights conferred under this Chapter on the licensee to another person or entity; and

  (2)   if the licensee is a business entity, includes the transfer of 50 percent or more of the stock, voting rights, membership interest, or other ownership or controlling interest in the entity, regardless of whether the transfer occurs as one transaction or a series of separate transactions.

**Sec. 53-102. Enforcement of Chapter.**

  This Chapter is enforced by the Director, the County Police Department, any other law enforcement agency, and any other County department or office assigned by the County Executive.

**Sec. 53-103. Taxicab Services Commission.**

  (a)   The County Executive must appoint, subject to confirmation by the County Council, a Taxicab Services Commission.

  (b)   The Commission must:

    (1)   advise the Director in carrying out duties and functions under this Chapter;

    (2)   meet quarterly or more frequently if requested by the County Executive or County Council or if the Chair or Commission finds it necessary;

    (3)   evaluate the performance of the taxicab industry in serving members of the population with special transportation needs, such as senior citizens and people with disabilities; and

    (4)   conduct the biennial review of the taxicab industry under Section 53-104.

  (c)   The Commission consists of four public members and seven taxicab industry members.  The County Executive must appoint members so that:

    (1)   one public member represents senior citizens, and another public member represents people with disabilities;

    (2)   three of the seven taxicab industry representatives represent management and four are taxicab drivers; and

    (3)   two of the four drivers are owner-drivers and two are non-owner drivers.

  (d)   The Director or the Director’s representative and the Chair of the Council Transportation, Infrastructure, Energy and Environment Committee or the Chair’s representative must serve as ex-officio non-voting members.

  (e)   A Commission member serves for a term of three years, or until a successor is confirmed, whichever is later.  A member must not serve more than two consecutive full terms.  A person appointed to fill a vacancy serves for the remainder of the predecessor’s term.

  (f)   The Commission must annually select one public member as chair.

  Sec. 2. Regulations.  A regulation which implements a function transferred to the Office of Consumer Protection by this Act continues in effect until otherwise amended or repealed, but any reference to any predecessor department or office must be treated as referring to the Office of Consumer Protection.

  Sec. 3. Transition.  This act does not invalidate or affect any action taken by the Department of Housing and Community Affairs before this Act took effect.  Any responsibility or right granted by law, regulation, contract, or other document, and which is associated with a function transferred by this Act from the Department of Housing and Community Affairs, is transferred to the Office of Consumer Protection.

**Sec. 53-103A. Biennial Review of the Taxicab Industry.**

  (a)   Between September 1 and November 15 of each even-numbered year, the Taxicab Services Commission must conduct a review of the County taxicab industry including:

    (1)   at least one public hearing;

    (2)   solicitation of comments from stakeholders;

    (3)   an evaluation of:

      (A)   the economic condition of the taxicab industry; and

      (B)   the adequacy of service rendered by the industry.

  (b)   The Commission must submit a report to the Executive and County Council not later than December 1 of the year the review is conducted, describing the status of the industry and identifying any changes to the regulation of the industry that the Commission finds necessary or desirable, including:

    (1)   changes to the number of licenses in circulation;

    (2)   changes in taxicab rates set under Section 53-106;

    (3)   changes in fees set under Section 53-107;

    (4)   changes in insurance requirements under Section 53-225 or applicable regulation;

    (5)   changes to the accessibility requirements under Article 5;

    (6)   changes to the affiliation and dispatch requirements under this Chapter; and

    (7)   any other changes that the Commission determines would improve the delivery of taxicab services.

  (c)   The review of economic condition of the industry must include consideration of taxicab rates, lease and affiliation rates, and industry fees charged to and by licensees and drivers. In reviewing the rates and fees, the Commission must consider:

    (1)   driver income compared to the County minimum wage; and

    (2)   the cost of industry-related regulatory and enforcement expenditures.

**Sec. 53-104. Regulations.**

  Unless otherwise specified in this Chapter, the County Executive may adopt regulations under method (2) to administer this Chapter.

**Sec. 53-105. Administrative record.**

  The Director must keep an accurate record of every identification card and license application for a reasonable time.  The record should include all relevant information and material pertaining to the application and any license or identification card that is issued.

**Sec. 53-106. Rates.**

  (a)   The County Executive must set taxicab rates by regulation to promote the public interest after holding a public hearing and considering the recommendations of the Commission.

  (b)   To encourage ride sharing and other innovative taxicab services, the regulation may require a licensee to accept certain payment methods and charge rates that are not taximeter based.

  (c)   The Director may approve rates other than those set in the regulations as provided in a contract filed with the Department if the Director finds that the alternative rates will not result in a significant reduction of service to the general public.  Any alternative rates that are higher than the rates set by regulation under subsection (a) must also be set by regulation.

  (d)   A person must not charge for taxicab service except as allowed under applicable regulations or subsection (c).

**Sec. 53-107.  Fees.**

  (a)   The Council may set, by resolution adopted after a public hearing, fees that the Director must charge to administer this Chapter.

  (b)   Except as provided in Section 53-206, the Council must not set fees that in the aggregate exceed the cost of administering this Chapter.

  (c)   A Council resolution adopted under this section takes effect if the Executive:

    (1)   approves the resolution;

    (2)   disapproves the resolution within 10 days after it is adopted and the Council readopts it by a vote of six Councilmembers; or

    (2)   does not act within 10 days after the Council adopts the resolution.

**Sec. 53-108. Taxicab stands.**

  The Director, by notice printed in the County Register, may designate taxicab stands for the exclusive use of taxicabs where they are required in the public interest.

**Sec. 53-109. Duplicates.**

  Upon proof satisfactory to the Department that a license or identification card has been lost or destroyed, the Department must issue a duplicate license or identification card to the licensee or driver, after the licensee or driver has paid the required fee, unless the license or identification card has been revoked or suspended under this Chapter.

**Sec. 53-110. Centralized electronic dispatch system.**

  (a)   The Executive, by method (2) regulation, may approve one or more centralized electronic dispatch systems to dispatch taxicabs for trips that begin in the County through an Internet-enabled application, digital platform, or telephone dispatch system.

  (b)   Within six months after the approval of the first system, every taxicab driver licensed under this Chapter must use a centralized electronic dispatch system approved under this Section.

  (c)   A centralized electronic dispatch system approved under this Section must:

    (1)   offer an Application Programming Interface that allows other approved systems to dispatch all drivers using that system;

    (2)   dispatch the taxicab closest to the person requesting service, regardless of which system that taxicab is using;

    (3)   adequately protect the privacy of passengers and the security of passengers and drivers;

    (4)   allow only licensed taxicab drivers to use the system;

    (5)   maintain, and make available to the Director upon request, verifiable records, in a form prescribed by the Director, summarizing responses to requests for service made under the system;

    (6)   provide users with an option to see and request an accessible taxicab; and

    (7)   be accessible to the blind and visually impaired and the deaf and hard of hearing.

  (d)   A centralized electronic dispatch system approved under this Section may charge processing fees as allowed by regulation.

  (e)   Nothing in this Section prohibits a licensee from using or being dispatched by any other two-way dispatch system.

**Sec. 53-111. Uniform agreements; maximum lease and affiliation rates and other charges.**

  (a)   The Executive must establish, by method (2) regulation:

    (1)   uniform lease, sublicense, and affiliation agreements which must conform to the minimum requirements of Section 53-218;

    (2)   maximum lease, sublicense, and affiliation rates that a licensee may charge a driver; and

    (3)   a list of types and amounts of other charges that a licensee may charge a driver.

  (b)   Maximum lease, sublicense, and affiliation rates, and other charges that a licensee may charge a driver, must be set at amounts determined by the Executive to:

    (1)   enable the licensee to receive adequate revenues to pay the licensee’s reasonable expenses and receive a fair and reasonable rate of return on the licensee’s investment; and

    (2)   provide drivers with an opportunity to earn a fair and reasonable income.

  (c)   In determining the maximum lease rates, the Executive must consider:

    (1)   vehicle, equipment and license costs;

    (2)   asset depreciation;

    (3)   the costs of insurance, operation and maintenance, uninsured repairs, wages and salaries, garage storage, taxes, fees, two-way dispatching and administration, as well as all other periodic expenses paid by the licensee; and

    (4)   any other factors that the Executive considers appropriate to further the purposes of this Chapter.

  (d)   The Executive must periodically review the maximum lease, sublicense, and affiliation rates, and other charges that a licensee may charge a driver, to ensure that the rates and charges are consistent with the objectives expressed in this section.

  (e)   The Executive may require all licensees to provide such financial information as may be reasonably necessary to establish maximum rates and charges allowed under this Section. Information submitted under this subsection is confidential and must not be disclosed to the public.

### Article 2. Taxicab Licenses.

#### Division 1. General License Provisions.

**Sec. 53-201. Required.**

  (a)   A person must not provide taxicab service without possessing a license as required under this Chapter.

  (b)   Except as provided in subsection (c)(3), a license must be issued only to the owner of each taxicab.

  (c)   A person must not operate a taxicab or provide taxicab service unless the person either:

    (1)   holds a fleet license; or

    (2)   holds one or more individual licenses and is affiliated with an association or a fleet; or

    (3)   holds a sublicense granted by a holder of a fleet license under Section 53-204A and is affiliated with that fleet.

  (d)   A licensee must hold a license for each taxicab.

  (e)   A licensee must own a taxicab associated with each license.

**Sec. 53-202. Display.**

  Each licensee and driver are both responsible for displaying the license prominently in the taxicab at all times in a location that is plainly visible to passengers.

**Sec. 53-203. Types of licenses; cross-ownership.**

  (a)   A fleet or association, including any officer, director, owner, employee, affiliate, subsidiary, or holding company, must not have any direct or indirect ownership interest in or management control over any other fleet or association that operates in the County.

  (b)   An individual must not hold a license originally issued to a fleet or association under this Chapter, and a fleet or association must not hold a license originally issued to an individual under this Chapter, unless the license was lawfully transferred under Section 53-204.

  (c)   Nothing is this Section prohibits a fleet or association from providing non-taxicab for- hire driving services as defined under State law and not regulated by the County.

**Sec.53-204. Transferability; security interest.**

  (a)   Any license must not be transferred except as provided in this Chapter.

  (b)   A license may be transferred only if:

    (1)   the license was first issued before January 1, 2015;

    (2)   the licensee notifies the Department in writing of the proposed transfer not less than 30 days before the date of the proposed transfer, specifying all terms and conditions of the proposed transfer and the identity of the proposed transferee;

    (3)   the Director finds that the proposed transferee meets all requirements of this Chapter and applicable regulations; and

    (4)   the licensee surrenders the license when the Director approves the transfer.

  (c)   The Director must not approve a transfer of any license if the transferee already holds, or would then hold, more than 40% of the total number of licenses then in effect.  This subsection does not prohibit the sale or transfer of a license to a licensee that held more than 40% of the licenses in effect on October 1, 2004, or the sale or transfer of all or a majority of the licenses held by that licensee.

  (d)   A security interest may be created in a passenger vehicle license in accordance with the Maryland Uniform Commercial Code, subject to the Director’s approval.  The Executive may by regulation attach further conditions to the creation of a security interest, consistent with this subsection, as necessary to avoid significant disruptions in taxi service.  The Director may approve the creation of a security interest only if:

    (1)   the licensee and, if different, the proposed holder of the security interest has notified the Director at least 30 days before the security interest would be created of the identities of all parties to and all terms and conditions of the security interest; and

    (2)   the secured party acknowledges in the security interest agreement that:

      (A)   the security interest is subordinate, in all respects, to the authority of the Director to suspend, revoke, or refuse to renew the license under this Chapter; and

      (B)   any transfer of the license pursuant to a foreclosure or execution on the security interest is not effective unless the Director finds that the proposed transferee satisfies all requirements of this Chapter and applicable regulations.

  The Director must send to the secured party, at its last address on file with the Department, a copy of any written notice to the licensee regarding the suspension, revocation, or refusal to renew the license.  That notice is the only notice the Director is required to provide to a secured party of any action taken or proposed to be taken with respect to a license.

  (e)   A transferred license is valid for the remainder of the term of the original license.

  (f)   A fleet or individual that transfers a license must not be issued a new license for three years after the transfer of the license.

**Sec. 53-204A. Sublicenses.**

  (a)   The holder of a fleet license may grant a sublicense to another person under this Section.

  (b)   A sublicense may be granted only if:

    (1)   the holder of a fleet license notifies the Department in writing of the proposed grant not less than 30 days before the date of the proposed grant, specifying all terms and conditions of the proposed grant and the identity of the proposed grantee;

    (2)   the Director finds that the proposed grantee meets all requirements for a licensee under this Chapter and applicable regulations; and

    (3)   the Director approves the grant of the sublicense.

  (c)   The Director must not approve a grant of a sublicense if the grantee already holds, or would then hold, more than 40% of the total number of licenses then in effect.

  (d)   The holder of a sublicense is subject to all of the requirements of this Chapter that apply to a licensee.

#### Division 2. Issuance, Denial, Expiration, and Renewal.

**Sec. 53-205. Periodic issuance of new licenses.**

  (a)   Notice.  The Director may periodically issue new licenses to qualified applicants or reissue any license that has been revoked or not renewed under this Chapter, as provided in this Section.  The Director must advertise the availability of these licenses in at least one newspaper of general circulation in the County for two consecutive weeks before accepting applications.  The Director should also notify, by electronic mail or other reasonable means, any licensee or driver who requests to be notified of the availability of new or reissued licenses.

  (b)   Criteria.  The Director may issue new or reissued licenses to qualified applicants, including existing licensees and persons who do not then hold licenses, who meet criteria defined by regulation which promote competition and further the purposes of this Chapter.  The criteria must:

    (1)   be based on public convenience and necessity, such as the need for more taxicab services in the County generally or in certain geographic areas of the County, or for certain types of passengers, as shown by such measurements as taxi utilization rates and response times; and

    (2)   consider the performance record of each applicant in providing taxicab service in the County or elsewhere.

  (c)   Individual allocation.  Of the new or reissued licenses issued in any 2-year period, at least 50% must be allocated to individuals who:

    (1)   have held a Taxicab Driver Identification Card, and have regularly driven a taxicab in the County, during the preceding 3 years;

    (2)   have a superior driving record, as defined by regulation; and

    (3)   do not already hold a license under this Chapter.

  In deciding among individuals who qualify under this subsection, the Director must rank them by the number of years that each individual has regularly driven a taxicab in the County.  If a sufficient number of qualified individuals do not apply for a license under this subsection, the Director may allocate the remaining licenses to individuals who already hold a license under this Chapter.

  (d)   Biennial limit.  During calendar year 2016 the Director must not issue more than 70 new licenses.  In each later even-numbered year, the Director may issue a total number of new licenses that does not exceed 10% of the number of licenses then in effect.

  (e)   Additional licenses - extraordinary authority; population limit.  The Director may issue more licenses than are authorized under subsection (d) if the Director finds, after holding a public hearing, that additional taxicabs are necessary to improve service to specified geographic areas or types of taxicab users or generally to increase competition.  However, the total number of licenses issued must not exceed one license for each 1,000 County residents, as computed in the most recent decennial U.S. Census or any census update published by the appropriate federal agency.

  (f)   Individual limit.  Notwithstanding any other provision of this Section, the Director must not issue a new or reissued license to any licensee that holds more than 40% of the licenses then in effect.

  (a)   25 to individuals who do not hold a license under this Chapter, and of these, eight must be for accessible vehicles;

  (b)   25 to fleets that hold fewer than 100 licenses, and of these, eight must be for accessible vehicles; and

  (c)   50 accessible vehicle licenses to a driver-owned cooperative fleet that the Director determines is a qualified applicant under Chapter 53.

  (a)  A license approved for issuance under Section 2, but for which a taxicab vehicle was not placed in service, must be issued if the applicant:

    (1)  notifies the Department of its intention to place a taxicab vehicle in service under this Section;

    (2)  is a qualified applicant under Chapter 53; and

    (3)  places a taxicab in service not later than January 31, 2019.

  (b)  If any of the 50 accessible licenses allocated to a driver-owned cooperative under Section 2 are not issued to the cooperative by January 31, 2019, either because the Director determines that the cooperative is not a qualified applicant under Chapter 53, or because the cooperative otherwise declines to obtain them, the licenses may be issued to individuals who do not currently hold licenses under this Chapter.

  (a)   Until September 1, 2007, notwithstanding the provisions of Section 53-306(c)(2)(D) and Section 53- 306(c)(3) to the contrary, the Director may issue a temporary identification card to an applicant for a taxicab driver identification card, before the Department receives the results of the state criminal background check required by Section 53-306, if:

    (1)   the applicant submitted all information necessary to process the state criminal background check required by Section 53-306 at least 10 days previously and the Department has not received the results of that background check;

    (2)   the applicant submits an initial criminal history background check, conducted within the previous 10 days by a third-party vendor approved by the Director;

    (3)   this third-party background check covers each jurisdiction in the United States where the applicant resided during the previous 5 years; and

    (4)   this third-party background check does not disclose any information that would disqualify the applicant from receiving an identification card under Section 53-309 (now Section 53-308).

  (b)   For any new passenger vehicle license issued in 2006 under County Code Section 53-205(d), as amended by Section 1 of this Act, the licensee must place the vehicle in taxi service not later than March 31, 2007.

**Sec. 53-206. License issuance; initial fee.**

  (a)   The Director may issue a license only to a qualified applicant under this Chapter.  An applicant is qualified if the applicant:

    (1)   meets all requirements of this Chapter and applicable regulations; and

    (2)   pays the initial license fee.

  (b)   The Council must set the initial license fee by resolution adopted under Section 53-107.  In setting the amount of the fee, the Council must consider:

    (1)   the County’s interest in encouraging competition and improving customer service;

    (2)   the value of the license in the private market; and

    (3)   the cost to the Department of processing applications and issuing the license.

**Sec. 53-207. License application.**

  A person may obtain a license by applying to the Director on a form provided by the Department that, at a minimum, requires the applicant to provide:

  (a)   a statement of financial responsibility, showing the availability of unencumbered financial resources sufficient to place the vehicle into service;

  (b)   a certificate of insurance, a certificate of self-insurance issued by the state motor vehicle agency, or a written statement from an insurance company licensed to do business in Maryland certifying that:

    (1)   the applicant will be able to acquire the required insurance; and

    (2)   the insurance will not be canceled or modified without prior written notice from the insurer to the Department;

  (c)   the applicant’s past customer service record, if the applicant has engaged in taxicab service in any jurisdiction;

  (d)   a statement that the applicant is familiar with the Chapter and applicable regulations, and is not disqualified from holding a license under this Chapter;

  (e)   the applicant’s experience in providing taxicab or other transportation service;

  (f)   a description of the applicant’s financial and managerial resources available to operate and maintain the taxicab as required by law; and

  (g)   the geographic areas the applicant primarily intends to serve, including the extent of the applicant’s willingness to serve areas or types of passengers that need additional service.

**Sec. 53-208. Individual licenses.**

  The Director must issue a license to each individual applicant who qualifies under this Chapter, subject to the limits and requirements in Section 205 and the procedures in Section 210.

**Sec. 53-209. Individual license application.**

  In addition to the information required in Section 53-207, each applicant for a license to be issued under Section 53-205(c) or otherwise to an individual must:

  (a)   specify which fleet or association the applicant will affiliate with before putting the taxicab into service;

  (b)   hold a valid identification card;

  (c)   describe the applicant’s experience driving a taxicab or other commercial passenger vehicle, and the applicant’s experience as a taxicab driver in the County;

  (d)   present evidence of the applicant’s intent to drive the taxicab for 3 years, or if the applicant does not intend to personally drive the taxicab, provide the name of a driver with a valid identification card who is committed and ready to drive the taxicab on a full- time basis;

  (e)   specify the number and type of consumer complaints regarding taxicab service naming the applicant during the past 12 months;

  (f)   have a safe driving record, as defined by applicable regulations;

  (g)   list the applicant’s name, date of birth, current address, and any address where the applicant resided during the previous 5 years;

  (h)   list the applicant’s employment during the preceding 10 years; and

  (i)   show that the applicant, or if the applicant does not intend to personally drive the taxicab, the driver designated under subsection (d), has provided taxicab service in the County satisfactorily for at least 12 months.

  (j)   attest that the applicant has not transferred any license during the previous 36 months.

**Sec. 53-210. Individual license lottery.**

  (a)   If the number of applications filed by qualified individual applicants as defined under Sections 205 and 209 equals or is less than the number of new licenses authorized for individual use in a 2-year period, the Director must issue a license to each qualified applicant.  If the number of applicants from qualified individuals exceeds the number of new individual licenses authorized for that period, the Director must conduct a lottery among each group of qualified individuals with an equal number of years’ experience regularly driving a taxicab in the County to determine the priority of issuance.

  (b)   Licenses issued by lottery must be awarded under the procedures of this Section and Section 205.

  (c)   The Director may conduct a separate lottery for:

    (1)   licenses for accessible taxicabs;

    (2)   other new licenses that become available; and

    (3)   any other authorized license that become available.

  (d)   A lottery must be conducted so that each qualified applicant has an equal probability of receiving a license, subject to the seniority ranking required by Section 205(c).

  (e)   A lottery may be conducted in 2 separate phases.  Phase 1 would determine the recipients of available individual licenses and continue until all available licenses have been awarded.  Phase 2 would create an eligibility list for issuance of individual licenses that later become available.  The drawing in Phase 2 must continue until twice the number of available licenses have been drawn, or a smaller number if sufficient applicants did not apply for an individual license.  The eligibility list created under Phase 2 is valid for the remainder of the 2 year period, or until the next lottery is conducted if longer than 2 years.

  (f)   As licenses become available for reissuance, the Department must notify the applicant highest on the eligibility list that a license is available and of the applicable acceptance procedures and deadlines.  The Department must send notice by mail to the address listed by the applicant on the application or to any updated address provided by the applicant in writing to the Department. If the taxicab is not placed in service within 90 days after the license is issued, the Director must revoke the applicant’s eligibility and notify the next applicant on the eligibility list.  The Director may extend the time to place a taxicab in service to permit the taxicab to be retrofitted for use as an accessible taxicab.

  (a)  25 to individuals who do not hold a license under this Chapter, and of these, eight must be for accessible vehicles;

  (b)  25 to fleets that hold fewer than 100 licenses, and of these, eight must be for accessible vehicles; and

  (c)  50 accessible vehicle licenses to a driver-owned cooperative fleet that the Director determines is a qualified applicant under Chapter 53.

  (a)  A license approved for issuance under Section 2, but for which a taxicab vehicle was not placed in service, must be issued if the applicant:

    (1)  notifies the Department of its intention to place a taxicab vehicle in service under this Section;

    (2)  is a qualified applicant under Chapter 53; and

    (3)  places a taxicab in service not later than January 31, 2019.

  (b)  If any of the 50 accessible licenses allocated to a driver-owned cooperative under Section 2 are not issued to the cooperative by January 31, 2019, either because the Director determines that the cooperative is not a qualified applicant under Chapter 53, or because the cooperative otherwise declines to obtain them, the licenses may be issued to individuals who do not currently hold licenses under this Chapter.

**Sec. 53-211. Fleet license application.**

  In addition to the information required in Section 53-207, each applicant for a license issued to a fleet must:

  (a)   submit evidence that the fleet provides or will be able to provide its own centralized administrative, managerial, marketing, operational, dispatch, and driver training services;

  (b)   calculate previous taxicab productivity, as measured by the number of daily trips per taxicab or an equivalent measurement approved by the Director, if the applicant has previously provided taxicab service in any jurisdiction;

  (c)   describe the extent of the applicant’s development of and participation in innovative taxicab services;

  (d)   submit the number of consumer complaints involving taxicab service provided by the applicant, by type, filed with the County or any other government agency in the past 24 months, and the resolution of each complaint;

  (e)   list each enforcement action involving taxicab service provided by the applicant or any of its drivers during the past 24 months of which the applicant is aware, listing the number, violations alleged, and disposition of each action;

  (f)   submit other performance related criteria, as required by regulation;

  (g)   describe all ownership and management interests relating to taxicabs of the applicant and any affiliated, parent, or subsidiary business entity;

  (h)   specify the levels and types of service to be provided;

  (i)   provide evidence of the level of capitalization and expected operating costs;

  (j)   describe the applicant’s existing or proposed hiring and training procedures for drivers; and

  (k)   attest that the applicant has not transferred any license during the previous 36 months.

**Sec. 53-212. Criteria to deny a license.**

  The Director must not issue or renew a license to any person, licensee, or applicant:

  (a)   who, within five years before the application is submitted, was convicted of, pled guilty or no contest to, or was placed on probation without a finding of guilt for, or who when the application is submitted, has a charge pending for, or who has, within three years before the application was submitted, completed a sentence or period of probation based on a charge for:

    (1)   any offense involving violence or a weapon;

    (2)   any sex offense;

    (3)   soliciting for prostitution;

    (4)   illegal sale or use of alcoholic beverages;

    (5)   any felony involving controlled dangerous substances;

    (6)   any offense involving driving under the influence of alcohol; or

    (7)   any act of moral turpitude;

  (b)   who has a pattern of reasonably verifiable complaints of substandard customer service during the previous 24 months;

  (c)   whose traffic record of “moving” offenses for the 3 years immediately before the application was submitted, or while licensed to drive a taxicab, demonstrates that the applicant is not a responsible, safe, or careful driver.  This record may include eyewitness testimony of unsafe or dangerous driving;

  (d)   who makes a false statement or gives a false answer to obtain, or who obtains, a license by fraud, misrepresentation, misleading statements, evasion, or suppression of material fact;

  (e)   who is unable to safely operate a taxicab, who may otherwise endanger the public health, safety, or welfare, or who would be unable to fulfill the duties of a driver as required by applicable regulation;

  (f)   who has substantial delinquent debts to the County, State, or Federal government; or

  (g)   whose record of violations of this Chapter or other laws or regulations of the County, State, or any other jurisdiction indicates to the Director that to protect public safety a license should not be issued.

  If a license is denied or revoked, the applicant is not eligible to reapply for 2 years, unless the Director for good cause otherwise orders.

**Sec. 53-213. Additional criteria to deny a license.**

  (a)   A licensee or applicant, as those terms are used in this Section, includes any director, officer, partner, or managing agent, and any other person who effectively controls the operations of a licensee.

  (b)   The Director may decline to issue or renew a license to any licensee or applicant:

    (1)   who has been convicted of fraud, misrepresentation, or false statement in the course of activity in a taxicab business;

    (2)   who, while previously operating in any jurisdiction, has had a license or other permission to operate taxicab services revoked or suspended because of material violation of law or substandard performance;

    (3)   who has failed to keep the licensed taxicab in continuous operation as required by Section 53-226; or

    (4)   who has not complied after reasonable notice with any required safety, operational, or inspection requirement of this Chapter.

**Sec. 53-214. Expiration of license.**

  A license expires one year after it is issued.

**Sec. 53-215. Renewal of license.**

  The Director must renew a license if the licensee:

  (a)   is in compliance with all applicable laws and regulations, including all required safety, operational, and inspection requirements of this Chapter;

  (b)   submits a statement under oath affirming that the information and statements submitted with the original application have not materially changed, except as previously or then submitted; and

  (c)   pays the required fee.

#### Division 3. Duties of Licensees.

**Sec. 53-216. Notice of change of address.**

  Each licensee must notify the Department, in writing, not more than 2 business days after changing:

  (a)   a business or residential address;

  (b)   a required telephone number; or

  (c)   any officer, principal, partner, or managing agent, or any other person who effectively controls the operations of a licensee.

**Sec. 53-217. Quarterly reports.**

  (a)   Each licensee, or fleet or association on behalf of an affiliated individual licensee, must submit a quarterly report that:

    (1)   details all accidents involving any of its taxicabs to the Department on a form approved by the Director; and

    (2)   shows the mileage driven by the vehicle associated with each license.

  (b)   The Director may require a more frequent report.

**Sec. 53-218. Responsibility of licensees, affiliates, and drivers.**

  (a)   A licensee must not knowingly permit any taxicab to be operated in this County by a person who has:

    (1)   not been authorized to operate a taxicab under this Chapter; or

    (2)   tested positive for drugs or alcohol, as defined by applicable regulations, unless authorized by the Director.

  (b)   Each licensee must promptly take appropriate action when the licensee becomes aware from any source that a driver of a taxicab for which the licensee holds the license or regarding which the licensee is a party to an affiliation agreement has not complied with all requirements of this Chapter.

  (c)   Each licensee must exercise due diligence to monitor the activities of each driver of a taxicab for which the licensee holds the license or regarding which the licensee is a party to an affiliation agreement to assure that the driver complies with all requirements of this Chapter.

  (d)   Notwithstanding the legal status of any driver as an independent contractor rather than an employee of the licensee, for the purposes of this Chapter, the responsibility of each licensee for the conduct and performance of drivers under this Chapter:

    (1)   applies to each driver, including affiliates of the licensee; and

    (2)   prevails over any inconsistent contract or other agreement between a licensee and an affiliate or a driver.

  (e)   Any contract or other operating agreement between a licensee and any affiliate or driver must use the applicable uniform agreement adopted by regulation under Section 53-111 and must:

    (1)   inform the driver of:

      (A)   the driver’s obligation to comply with all requirements of this Chapter; and

      (B)   the licensee’s obligation to take appropriate action when the licensee becomes aware that a driver has not complied with any requirement of this Chapter;

    (2)   empower the licensee to take appropriate action, as required in subsection (b);

    (3)   not restrict a driver, affiliate, or taxicab owner from providing taxicab service in the County after the contract or agreement expires or is terminated;

    (4)   not exceed a term of one year;

    (5)   not require a driver or affiliate to use the fleet or association system for processing credit card transactions; and

    (6)   not be subject to automatic renewal.

  (f)   A licensee must not impose on a driver or affiliate:

    (1)   charges totaling more than 5% of any credit card transaction; or

    (2)   any other charge of a type or amount other than those on the list adopted by regulation under Section 53-111.

  (a)  the maximum credit card processing charge under Section 53-218(f)(1);

  (b)  the dispute resolution requirements under Section 53-219;

  (c)  the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and

  (d)  the minimum liability insurance requirements under Section 53-224.

**Sec. 53-219. Dispute Resolution.**

  (a)   Definitions. In this Section:

    (1)   Dispute means a disagreement between a person who holds a taxicab driver identification card issued under this Chapter and the fleet or association under whose colors the person drives over whether an action taken by the fleet or association to terminate, suspend or impair the person’s ability to drive under the fleet or association’s colors, or to terminate, suspend or impair the person’s right to enjoy the resources and benefits provided by the fleet or association, on the same basis as other similarly situated fleet or association drivers, was reasonable and based upon good cause.

    (2)   Good cause means one or more of the causes for revocation of an identification card under Section 53-604, or a material failure of a driver to comply with established, written rules or practices of the company or to perform in accordance with his or her written contract with the company, after reasonable notice and an opportunity to comply or perform.

  (b)   Each fleet or association may have a written dispute resolution procedure as part of its agreements with its affiliates or drivers, so long as such dispute resolution procedure incorporates, at a minimum, binding arbitration pursuant to the American Arbitration Association Commercial Arbitration Rules, R-1 through R-58.

  (c)   If a fleet or association has an agreement with an affiliate or driver that does not include a dispute resolution procedure meeting the requirements of subsection (b), then disputes will be subject to resolution under this subsection.

    (1)   disputes must first be the subject of an internal grievance procedure conducted as follows:

      (A)   the aggrieved party must submit a complaint in writing to the fleet or association within 30 days from the date of the fleet or association’s action, containing a written statement of the matter in dispute and the names, addresses and telephone numbers of each party to the dispute.

      (B)   within two weeks after the submission of the written complaint, the fleet or association must appoint a representative from within the fleet or association to hear the dispute. The representative must have had no direct or indirect involvement in the dispute.

      (C)   within two weeks after appointment, the representative must conduct an informal hearing concerning the dispute.

      (D)   both parties must use best efforts to resolve the dispute.

      (E)   within two weeks after the hearing has been concluded, the fleet or association representative must provide a written decision.

    (2)   If the dispute is not resolved through the internal grievance procedure, both parties may agree to informal or formal mediation of the dispute, pursuant to paragraph (3). If the parties fail to agree to mediation, either party may elect to proceed to arbitration, pursuant to paragraph (4).

    (3)   Informal or formal mediation.

      (A)   within two weeks after the internal grievance procedure has been concluded, any party requesting mediation must submit a written notice requesting mediation to all parties.

      (B)   within two weeks after such notice has been submitted, the parties may agree to an impartial person to mediate the dispute in an informal process. If the parties do not agree to informal mediation, the party requesting mediation must submit a written Request for Mediation to the American Arbitration Association (AAA). If the parties are unable to agree to mediation, either party may elect to proceed to arbitration, pursuant to paragraph (4).

      (C)   a request for mediation must contain a brief statement of the dispute, and the names and addresses and telephone numbers of each party to the dispute.

      (D)   the mediator must notify all parties of the time, date and place of the mediation.

      (E)   the costs of the mediation must be borne equally by the parties unless they agree otherwise in writing.

      (F)   the mediation conducted by AAA must be in substantial accord with the American Arbitration Association Commercial Mediation Rules, M-1 through M-17.

      (G)   the mediator may end the mediation if, in the sole discretion of the mediator, the continuation of the mediation would not be useful.

      (H)   the parties in mediation must use their best efforts to resolve the issues in controversy and the mediator may execute a written settlement agreement if agreed on by the parties but may not impose a settlement on the parties.

    (4)   Where neither the internal grievance procedure nor mediation, if attempted, has resolved the dispute, either party may submit the matter to arbitration, which is binding upon the parties. Such arbitration must be conducted as follows:

      (A)   within two weeks after the mediation process or the internal grievance procedure has been concluded, the party requesting arbitration must submit a written notice of intent to arbitrate to all parties.

      (B)   within two weeks after such notice has been submitted, an impartial person to arbitrate the dispute must be agreed upon by the parties, or, if the parties do not agree, the party requesting arbitration must submit a written request for arbitration to the (AAA) and simultaneously mail a copy of the request for arbitration to every party to the dispute.

      (C)   a request for arbitration must contain a brief statement of the dispute, and the names and addresses and telephone numbers of each party to the dispute.

      (D)   the arbitrator must notify all parties and their representatives, if any, of the time, date and place of the arbitration.

      (E)   the costs of the arbitration must be borne by the party which does not prevail, unless the parties agree otherwise in writing, or the costs are otherwise apportioned by the arbitrator if there is no prevailing party.

      (F)   the arbitration, whether conducted by AAA or another arbitrator chosen by the parties, must be in substantial accord with the American Arbitration Association Commercial Arbitration Rules, R-1 through R-56.

      (G)   the arbitrator may conclude the arbitration hearing if in the sole discretion of the arbitrator, continuation of the hearing would not be useful.

      (H)   within two weeks after the arbitration hearing has been concluded, the arbitrator must render an award in writing, which must be binding upon the parties and which may be enforced by any court having jurisdiction over the parties.

  (a)  the maximum credit card processing charge under Section 53-218(f)(1);

  (b)  the dispute resolution requirements under Section 53-219;

  (c)  the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and

  (d)  the minimum liability insurance requirements under Section 53-224.

#### Division 4. Additional Duties of Fleets and Associations.

**Sec. 53-220. Essential requirements.**

  Each fleet and association must:

  (a)   establish a management office in the County, or at another location approved by the Director;

  (b)   provide a communication system approved by the Director that:

    (1)   gives the driver and fleet or association two-way dispatch communication; and

    (2)   allows public access to request service, register complaints, and seek information.  The communications system must allow a member of the public to speak to a staff member 24 hours a day, 7 days a week.

  (c)   operate under colors and markings approved by the Director;

  (d)   submit accurate, verifiable operating and statistical data reports as required under this Chapter;

  (e)   provide an adequate number of taxicabs to meet service demand 24 hours a day, 7 days a week, as defined by applicable regulations; and

  (f)   comply with all requirements of this Chapter regarding the provision of accessible taxicabs.

**Sec. 53-221. Operating requirements.**

  Each fleet and association must:

  (a)   provide centralized administrative, vehicle maintenance, customer service, complaint resolution, dispatch, management, marketing, operational, and driver training services located in the County, or at one or more locations approved by the Director.  A fleet or association may obtain these services, with the approval of the Director:

    (1)   from another person or entity who does not hold, or have an interest in, a license issued under this Chapter; or

    (2)   from another fleet or association if the Director finds that joint operations of this type:

      (A)   would promote competition and improve customer service; and

      (B)   would not impair the independence of any fleet or association;

  (b)   designate one to 4 persons with managing or supervisory authority to act on behalf of the fleet or association in all contact with the Department; and

  (c)   file with the Department, in addition to any other data required by law:

    (1)   if the fleet or association is incorporated, a copy of its certificate of incorporation, bylaws, and all other rules and regulations relating to the organization and operation of the entity and its membership;

    (2)   if a corporation holds a license, each year by February 1 a certificate of good standing issued by the State Department of Assessments and Taxation; and

    (3)   information on a form provided by the Department, showing, for each taxicab, the licensee’s name and address, vehicle make, vehicle identification number and taxicab number, and other pertinent information listed on the form.  Any change in the information required by this paragraph must be filed in writing with the Department within 2 business days after the change.

  (d)   ensure that each taxicab affiliated with or operating under a license issued to the fleet or association places a written notice, clearly visible to passengers in the vehicle and on a form approved by the Department, that includes a statement:

    (1)   that the customer may choose to pay the fare using any available payment system; and

    (2)   identifies the available credit card processing systems approved by the Department.

**Sec. 53-222. User-side subsidy programs - participation.**

  (a)   Any fleet or association must participate in the County’s user-side subsidy programs, as required by applicable regulations.

  (b)   Each taxicab affiliated with, or operating under a license issued to, a fleet or association that is required to participate in a County’s user-side subsidy program must be equipped to accept payment through the program.

#### Division 5. Taxicab Vehicles.

**Sec. 53-223. Mechanical inspection certificate.**

  Before a license is issued under this Chapter, the applicant must furnish a certificate from a state- certified inspection station in good standing that a comprehensive inspection, performed to state standards by a licensed state inspector, shows that the vehicle is mechanically safe.  A license must not be issued if the vehicle has been driven more than 150 miles since the inspection was performed.

**Sec. 53-224.Insurance required.**

  (a)   Before the Director issues any passenger vehicle license under this Chapter, the applicant must submit written proof of insurance or self-insurance for the vehicle that covers bodily injury or death to any passenger or other person, and property damage, in the following amounts:

    (1)   $50,000 for bodily injury or death per person;

    (2)   $100,000 for bodily injury or death per accident; and

    (3)   $ 25,000 for property damage.

  (b)   The insurance must be provided by an insurer licensed to do business in the State or, alternatively, under a self insurance program approved and administered by the state motor vehicle agency.

  (c)   If the insurance coverage lapses at any time during the license term, the taxicab license is automatically suspended.  The licensee must immediately notify the Department, stop operating the taxicab, and surrender the license to the Department.  The Director must promptly reinstate the license if all required insurance coverage is documented to the Director’s satisfaction.

  (d)   Each taxicab must contain sufficient copies of a summary of insurance information, in a form approved by the Director, that may be given to passengers, members of the public, and law enforcement officers.  The summary must include:

    (1)   the name and address of the vehicle owner;

    (2)   the vehicle’s license tag number;

    (3)   the name, address, office hours, and telephone number of the insurance claims office responsible for adjusting any insurance claim arising from use of the vehicle; and

    (4)   the name, address, and telephone number of the Department and any other government agency where complaints regarding insurance claims handling may be filed.

  (a)  the maximum credit card processing charge under Section 53-218(f)(1);

  (b)  the dispute resolution requirements under Section 53-219;

  (c)  the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and

  (d)  the minimum liability insurance requirements under Section 53-224.

**Sec. 53-225. State registration required.**

  The Director must not issue or renew a license unless the licensee has registered the taxicab as a “class B” for-hire vehicle with the Motor Vehicle Administration for the year in which the license is applied for, and the registration remains valid.  The licensee must notify the Department in writing not more than 2 business days after the licensee receives notice that the vehicle registration is revoked or suspended.

**Sec. 53-226. Continuous operation.**

  (a)   Each licensee must keep each licensed taxicab in continuous operation as defined by applicable regulation.

  (b)   The Executive must by method (2) regulation define continuous operation using a formula that:

    (1)   uses calendar-quarterly reports submitted by each fleet and association showing mileage driven by each vehicle associated with a license held by, or affiliated with, each fleet and association; and

    (2)   requires average per-vehicle mileage to be at least 60% of the County-wide average for each quarter, unless the Director, by written request, waives the requirement.

  (c)   Each licensee must notify the Department in writing at any time that:

    (1)   a taxicab will be or has been out of service for more than 30 days; or

    (2)   an average of more than 15% of the taxicab whose licenses are held by that licensee have been inactive during the previous calendar month.

  (d)   Each notice must:

    (1)   explain the reasons for each period of inactivity; and

    (2)   show why the Director should not revoke the license of each inactive taxicab for lack of use.

**Sec. 53-227. Procedure when vehicle placed in or removed from service.**

  (a)   Each licensee must notify the Department in writing at least 3 business days before placing a taxicab in service.

  (b)   Each licensee must place a taxicab in service within 90 days after a license is approved for issuance.  Issuance of the license take effect when the vehicle is placed in service; if the vehicle is not actually placed in service, the license has not been issued.  The Director may extend the time to place a taxicab in service for no more than 90 additional days:

    (1)   to allow a vehicle to be retrofitted for use as an accessible taxicab; or

    (2)   in the case of a fleet, to allow the fleet to buy the taxicab and prepare it to be placed in service;

    The Director must not otherwise waive or extend this requirement.

  (c)   Each licensee must notify the Department at least 3 business days before removing a taxicab permanently from service, whether the owner junks the vehicle, sells it, or transfers its title.

  (d)   Each licensee must notify the Department if a vehicle’s license plates have been stolen or its registration or license has been suspended or revoked.  Any vehicle without a valid registration or with expired, revoked or suspended license plates must not be used to provide taxicab service.

  (e)   When a taxicab is permanently out of service, the licensee must return the license to the Department and must remove the meter, cruising lights, and any other marking or sign that identifies the vehicle as a taxicab.

  (f)   Each licensee must receive the Department’s approval before taking a taxicab out of service for a period longer than 30 days.  The licensee must explain why the taxicab is out of service and list its license number, assigned vehicle number, and registration numbers.  If the Department finds that the licensee has good cause, as defined by applicable regulations, to take the taxicab out of service, the Department may approve that action.  If the Department rejects the application, the licensee must promptly reinstate the taxicab in service or return the license.

  (g)   Any vehicle placed in service as a taxicab must not be more than five model years old.

**Sec. 53-228. Age of vehicles.**

  (a)   Except for vehicles that are hybrid, electric, or wheelchair accessible, a licensee must not use any vehicle that is older than ten model years to provide taxicab service in the County.

  (b)   A licensee must not use any hybrid, electric, or wheelchair accessible vehicle that is older than twelve model years to provide taxicab service in the County.

  (c)   As used in this Chapter, the “model year” of a vehicle is the year designated by the vehicle manufacturer, as indicated on the vehicle or in the manufacturer’s records.  A licensee may continue to maintain a taxicab vehicle in service until the December 31st of the succeeding calendar year after a taxicab vehicle ages out of service due to the end of its model year, if the vehicle passes a comprehensive safety inspection performed during the month of August of the vehicle’s final model year by a state-certified inspector in good standing.

  (d)   The Director may waive this requirement only to maintain an accessible taxicab in service for no more than 90 days when the licensee shows that no adequate replacement vehicle was available for purchase during the preceding 90 days.

  Sec. 3.  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 when it becomes law.

**Sec. 53-229. Maintenance and repair.**

  (a)   Each licensee must maintain each taxicab in a clean and safe operating condition, and properly maintain its lights, brakes, window glass, doors, tires, fenders, paint, upholstery, and all devices and parts affecting the vehicle’s safety, operation, or appearance.

  (b)   Each licensee must comply with any order of the Director to immediately remove from service any taxicab which is not in safe operating condition, and to remove from service within 5 days any taxicab that is not clean, sanitary, and of good appearance, until all necessary repairs and replacement of defective equipment, painting, or cleaning has been completed.

  (c)   Any taxicab removed from service under this Section must not be reinstated in service until it has been inspected and approved under procedures established by applicable regulation.

**Sec. 53-230. Vehicle numbering, lettering, and markings; rate chart.**

  (a)   When a license for a taxicab is issued under this Chapter, the Department must assign a license number to the taxicab.  The licensee (or the fleet, if the vehicle is affiliated with a fleet) must assign a vehicle number to each taxicab.  The vehicle number must be permanently applied and plainly visible.

  (b)   When the Director so orders, the license number must be affixed to the taxicab by decal or metal tag provided by the Department in a manner approved by the Director.

  (c)   Numbers must be assigned only in the manner designated by the Director.  A person must not remove, reassign, or change a number from one vehicle to another without written authorization by the Department.

  (d)   The licensee must place lettering on the passenger side of the taxicab, in a form and manner approved by the Director, identifying the licensee.

  (e)   A taxicab operating in the County must have the license number, and the name and telephone number of the fleet or association that owns or operates it and to whom complaints can be made, prominently displayed in the rear seat area of the taxicab with lettering and numbering at least 1.5 inches high.  If the operator is not the owner, as defined in Section 53-101, the name, telephone number, and business address of the owner must similarly be prominently displayed.

  (f)   A licensee must post a rate chart issued by the Department in the taxicab in a location conspicuously visible to any passenger.

**Sec. 53-231. Doors; lettering; color; special equipment.**

  (a)   Each taxicab operated in the County must have at least 3 doors.  All doors must operate safely.

  (b)   A licensee or driver must not operate a taxicab unless the taxicab bears markings in letters plainly distinguishable on each of the 2 sides of the taxicab, showing the approved name of the fleet or association by whom the taxicab is owned or operated.

  (c)   Each fleet or association must register its colors with the Department.  A fleet or association may register one or more color combinations, and any fleet or association may register black as one of its colors.  A fleet or association must not use colors that are similar to those of another fleet or association so that the public can readily identify taxicabs operated by that fleet or association.  The Director may approve advertising in different colors or markings as long as the public can still readily identify taxicabs operated by that licensee, or the use of a set of different colors and markings to identify a specialized service provided by or geographic area served by a fleet or association.  Any color or color combination approved by the Department, other than black, must be reserved for the exclusive use of that fleet or association when the fleet or association is operating taxicabs in the County.

  (d)   Each licensee must insure that each fleet or association uses only the approved name of the fleet or association in advertising or listing its service to the public.

**Sec. 53-232. Cruising lights.**

  Each taxicab must have cruising lights that operate electrically as a sign or insignia mounted on the forward portion of the roof of the taxicab.  Cruising lights must not be used until approved by the Department.  Cruising lights may be removable, but must be mounted when the vehicle is in use as a taxicab, and must be designed so that the vehicle can be easily identified as a taxicab.

**Sec. 53-233. Seat belts.**

  Each taxicab must have one set of seat belts for the driver and each passenger.  The seat belts must be easily accessible and in good working order.

**Sec. 53-234. Taxicab meters.**

  (a)   Each taxicab must be equipped with:

    (1)   an accurate, properly installed and connected taximeter which has a security seal affixed by the Department; or

    (2)   a reliable, independently verifiable software-based metering system, approved by the Department.

  (b)   In addition to regular inspections, the Department may conduct periodic tests of these meters or metering systems. Upon successful completion of the tests, a taximeter must be affixed with a security seal, and a software-based metering system must be marked in a manner acceptable to the Department.  These tests should be scheduled in a manner that minimizes interruption of taxicab service to the public.

  (c)   Except as otherwise specified, the requirements for approval and methods of testing and operation of taximeters must conform to specifications, tolerances, and standards for taximeters set out in national standards or established by applicable regulation.

  (d)   A person must not alter the meter or change the mechanical condition of wheels, tires, or gears of any taxicab with the intent to cause incorrect registration by the meter of the fare charged to any passenger.

**Sec. 53-235. Inspections.**

  (a)   Each licensee must allow the Director to make reasonable inspections of any vehicle licensed to operate under this Chapter, and must allow the Director to examine any business record, including any maintenance record, in-service inquiry or dispatching record required to analyze data and enforce this Chapter, and all trip records required under this Chapter.  Maintenance record includes any record needed to establish whether safety repairs have been made, or that reflects the mileage and odometer readings of any vehicle.

  (b)   On the request of any inspector or law enforcement officer, any licensee or driver must produce any required license or identification card or a valid driver’s license.

  (c)   Each driver must respond to an oral request within 60 minutes when any trip record required under Section 53-314 is requested during a field investigation by an inspector or law enforcement officer.  Each fleet or association must make available a direct telephone line to the Department and the County Police Department on which the fleet or association must transmit any record it possesses of any trip taken or dispatched on the same or the previous day, within 60 minutes after any inspector or law enforcement officer requests the record.

  (d)   Each taxicab licensed under this Chapter must undergo a complete inspection of its mechanical condition and any special equipment used to transport persons with disabilities every 12 months at a time and place designated by the Department.  The inspection must be performed by a licensed state inspector at a state-certified inspection station in good standing.  The Director must immediately, without holding a hearing, suspend the license of any taxicab in an unsafe physical or mechanical condition.  The Director must immediately reinstate any unexpired suspended license after receiving satisfactory proof that the violation or defect has been corrected.

### Article 3. Taxicab Driver Identification Cards.

#### Division 1. General Identification Card Provisions.

**Sec. 53-301. Identification Card Required.**

  An individual must not operate a taxicab, or allow another individual to operate a taxicab, unless that individual:

  (a)   has a valid driver identification card; and

  (b)   is capable of performing all duties of a taxicab driver.

**Sec. 53-302. Display.**

  Each driver must display the identification card at all times prominently in the taxicab in a location that is plainly visible to passengers.

**Sec. 53-303. Transferability.**

  An identification card must not be transferred.

#### Division 2. Issuance, Denial, Expiration, and Renewal.

**Sec. 53-304. Identification card issuance.**

  The Department must issue a taxicab driver identification card to every driver who is qualified under this Chapter.

**Sec. 53-305. Contents of card.**

  A taxicab driver identification card must contain, at a minimum, the driver’s name and photograph, the card number and expiration date, and any other information the Director reasonably requires.

**Sec. 53-306. Application; temporary card.**

  (a)   A person who holds a valid identification card must apply to a renewal card not less than 30 days before the current card expires.

  (b)   Under procedures established by regulation, a person may obtain an identification card by applying to the Director on a form provided by the Department that at a minimum requires the person to provide:

    (1)   the applicant’s name, date of birth, current address, and any address where the applicant resided during the past 5 years;

    (2)   a statement regarding whether the applicant has any criminal case pending, has ever been convicted or plead no contest or received probation before judgment in lieu of a conviction of a crime other than a non-incarcerable traffic offense; the nature of each crime, the disposition of each matter, and the name, telephone number, and address of any parole officer or probation officer or agency that may know of the offense or the proper completion of any sentence, probation, or parole;

    (3)   an authorization for a state and federal criminal background check to be conducted by the Criminal Justice Information System (CJIS) and the appropriate federal agency;

    (4)   a copy of the applicant’s fingerprints taken by the County Police Department or written confirmation that the applicant’s fingerprints were taken by another agency approved by the Department, and current photographs of the applicant of a size and character required by applicable regulation;

    (5)   a driver’s license valid in the applicant’s state of residence, and a certified copy of the applicant’s driving record for a time period as required by applicable regulation; and

    (6)   the applicant’s statement under oath that all information contained in the application is correct and complete.

  (c)

    (1)   An applicant who has not held an identification card, or who held a card that has expired, may apply for a short-term temporary identification card under applicable regulations.

    (2)   The Director must not issue a temporary identification card unless the applicant has:

      (A)   properly verified his or her identity;

      (B)   a valid driver’s license issued by Maryland or a bordering state (including the District of Columbia);

      (C)   submitted his or her driving records, as compiled by the appropriate state motor vehicle agency, for the previous three calendar years from any jurisdiction where the applicant held a license to drive a motor vehicle; and

      (D)   undergone a criminal background check, conducted by the appropriate state agency, showing that the applicant is not disqualified because of a criminal conviction, receipt of probation before judgment in lieu of a conviction, or pending criminal charge from operating a taxicab.

    (3)   The Director must not issue a temporary or annual identification card unless the applicant has shown, through a complete criminal background check, that the applicant is not disqualified for any reason mentioned in Section 53-308(a).

    (4)   Any temporary identification card issued under this subsection must differ conspicuously in style and color from the annual identification card.

    (5)   A temporary identification card expires 45 days after the card was issued.

    (6)   The holder of a temporary identification card must return it to the Department, without further proceedings, on the earlier of:

      (A)   the day the Department issues the holder an annual identification card under this Chapter;

      (B)   the 45th day after the card was issued; or

      (C)   one business day after the Department notifies the holder that the card has expired under subsection (c)(5).

    (7)   By accepting a temporary identification card, the holder by operation of law waives any cause of action against the County or any officer, employee, or agency of the County for improperly issuing a license to the holder.  By employing or leasing a taxicab to any person who holds a temporary identification card, a taxicab licensee by operation of law waives any cause of action against the County or any officer, employee, or agency of the County for improperly issuing a license to that person.

  (d)   The Director may extend the expiration date of an identification card up to 60 days if:

    (1)   the applicant has submitted all required documentation; and

    (2)   processing of required state or federal criminal background checks has been delayed through no fault of the applicant.

  (a)   Until September 1, 2007, notwithstanding the provisions of Section 53-306(c)(2)(D) and Section 53- 306(c)(3) to the contrary, the Director may issue a temporary identification card to an applicant for a taxicab driver identification card, before the Department receives the results of the state criminal background check required by Section 53-306, if:

    (1)   the applicant submitted all information necessary to process the state criminal background check required by Section 53-306 at least 10 days previously and the Department has not received the results of that background check;

    (2)   the applicant submits an initial criminal history background check, conducted within the previous 10 days by a third-party vendor approved by the Director;

    (3)   this third-party background check covers each jurisdiction in the United States where the applicant resided during the previous 5 years; and

    (4)   this third-party background check does not disclose any information that would disqualify the applicant from receiving an identification card under Section 53-309 (now Section 53-308).

  (b)   For any new passenger vehicle license issued in 2006 under County Code Section 53-205(d), as amended by Section 1 of this Act, the licensee must place the vehicle in taxi service not later than March 31, 2007.

**Sec. 53-307. Physician’s certificate.**

  (a)   Before the Director issues an identification card, other than a temporary card issued under Section 53-306(c), the applicant must furnish a physician’s certificate, issued within the previous 30 days, which certifies that:

    (1)   the applicant has been given a physical examination, including an initial tuberculosis test and any other test required by applicable regulation; and

    (2)   the applicant is free from any communicable disease, and is not subject to any physical or mental impairment that could:

      (A)   adversely affect the applicant’s ability to drive safely; or

      (B)   otherwise endanger the public health, safety, or welfare.

  (b)   As part of the renewal process, each applicant must submit another physician’s certificate containing the same information every second year.

  (c)   After issuing an identification card, the Director must require a driver to furnish a physician’s certificate, issued within 30 days, containing the same information, if the Director has reason to believe that the driver may have any physical or mental impairment that could:

    (1)   adversely affect the driver’s ability to drive safely; or

    (2)   otherwise endanger the public health, safety, or welfare.

**Sec. 53-308. Criteria to deny an identification card.**

  The Director must not issue or renew an identification card to any driver or applicant:

  (a)   who, within five years before the application is submitted, was convicted of, pled guilty or no contest to, or was placed on probation without a finding of guilt for, or who when the application is submitted, has a charge pending for, or who has, within three years before the application was submitted, completed a sentence or period of probation based on a charge for:

    (1)   any offense involving violence or a weapon;

    (2)   any sex offense;

    (3)   soliciting for prostitution;

    (4)   illegal sale or use of alcoholic beverages;

    (5)   any felony involving controlled dangerous substances;

    (6)   any offense involving driving under the influence; or

    (7)   any act of moral turpitude;

  (b)   who has a pattern of reasonably verifiable complaints of substandard customer service during the previous 24 months;

  (c)   whose driving record during the 3 years immediately before the application was submitted, demonstrates that the applicant is not a responsible, safe, or careful driver because the applicant has received more than 4 points under applicable criteria defined by the state Motor Vehicle Administration or the equivalent in another jurisdiction, or by other reasonably verifiable evidence of unsafe or dangerous driving;

  (d)   who makes a false statement or gives a false answer to obtain, or who obtains, an identification card by fraud, misrepresentation, misleading statements, evasion, or suppression of material fact;

  (e)   who is unable to safely operate a taxicab, or who may otherwise endanger the public health, safety, or welfare, or who would be unable to fulfill the duties of a driver as required by applicable regulation;

  (f)   who has substantial delinquent debts to the County, State, or Federal government; or

  (g)   whose record of violations of this Chapter or other laws or regulations of the County, State, or any other jurisdiction indicates to the Director that to protect public safety an identification card should not be issued.

  If an identification card is denied or revoked, the applicant is not eligible to reapply for 1 year, unless the Director for good cause otherwise orders.

  (a)  the maximum credit card processing charge under Section 53-218(f)(1);

  (b)  the dispute resolution requirements under Section 53-219;

  (c)  the deletion of the driver examination requirement under former Section 53-308 (deleted as of October 1, 2015); and

  (d)  the minimum liability insurance requirements under Section 53-224.

  (a) Until September 1, 2007, notwithstanding the provisions of Section 53-306(c)(2)(D) and Section 53-306(c)(3) to the contrary, the Director may issue a temporary identification card to an applicant for a taxicab driver identification card, before the Department receives the results of the state criminal background check required by Section 53-306, if:

  (1) the applicant submitted all information necessary to process the state criminal background check required by Section 53-306 at least 10 days previously and the Department has not received the results of that background check;

  (2) the applicant submits an initial criminal history background check, conducted within the previous 10 days by a third-party vendor approved by the Director;

  (3) this third-party background check covers each jurisdiction in the United States where the applicant resided during the previous 5 years; and

  (4) this third-party background check does not disclose any information that would disqualify the applicant from receiving an identification card under Section 53-309 (now Section 53-308).

  (b) For any new passenger vehicle license issued in 2006 under County Code Section 53-205(d), as amended by Section 1 of this Act, the licensee must place the vehicle in taxi service not later than March 31, 2007.

**Sec. 53-309. Expiration of identification card.**

  The first identification card issued to a person under this Chapter expires one year after it is issued.  Any later identification card expires 2 years after it is issued.

#### Division 3. Duties of Drivers.

**Sec. 53-310. Taxicabs from other jurisdictions.**

  (a)   This Chapter does not prohibit a driver from bringing passengers into the County if the trip originated in a jurisdiction where the driver and the taxicab are authorized to operate.

  (b)   Except to the extent expressly permitted by federal or state law, a person who does not have a license and identification card issued by the County, but holds a license issued by another jurisdiction, must not solicit business or pick up and transport passengers in the County unless:

    (1)   a passenger engaged the taxicab to bring the passenger into the County, wait for the passenger, and then take the passenger to another location; or

    (2)   the jurisdiction from which the individual holds a license has entered into a reciprocal agreement with the Director under subsection (c) of this Section.

  (c)   The Director may enter into reciprocal agreements with other jurisdictions regarding the ability of taxicabs licensed elsewhere to pick up and carry passengers in the County.

  (d)   Any taxicab licensed in the County must only provide trips that either begin or end in the County, except a trip:

    (1)   dispatched under the operational procedure of the Metropolitan Airports Authority; or

    (2)   provided under a contract approved by the Director and on file with the Department.

  (e)   Any taxicab operating under a license issued under this Chapter must not obtain or operate under a license to provide taxicab service in any other jurisdiction.

**Sec. 53-311. Notice of change of address.**

  Each driver must notify the Department, in writing, not more than 2 business days after changing a business or residential address or required telephone number.

**Sec. 53-312.  Duty to accept and convey passengers.**

  (a)   Each driver of a taxicab must accept any passenger and convey any passenger where directed upon dispatch or request, unless:

    (1)   the taxicab is out of service;

    (2)   the driver is expressly committed to another passenger, or

    (3)   the driver is prohibited by this Chapter or another law or regulation from accepting the passenger.

  (b)   A driver must not refuse to transport a passenger because of the passenger’s disability, race, color, marital status, religious creed, age, sex, national origin, sexual orientation, gender identity, or geographic location, as defined in Chapter 27.

  (c)   A driver may refuse to transport a passenger if the driver reasonably believes the driver’s life or safety is in danger.

  (d)   Any driver who refuses to transport a passenger must:

    (1)   immediately report the incident and circumstances to the dispatcher, and

    (2)   submit a written report to the Department on a form approved by the Director not later than 2 business days after the incident.

**Sec. 53-313. Passenger receipts; credit card transactions.**

  (a)   A driver must give each passenger a paper or electronic receipt showing the name of the fleet or association, the taxicab number, the time and place of origin and destination of each trip, and the amount of the fare, on a form authorized by the Department, unless the passenger declines to receive the receipt.

  (b)   A driver must accept major credit cards (including, at a minimum, Visa, MasterCard, and American Express) as a form of payment for a fare.

  (c)   A driver must allow a passenger to choose to pay the fare using any available payment system, including a system provided by a fleet.

  (d)   Any system or service used to process credit card transactions must:

    (1)   comply with all applicable tax laws;

    (2)   be approved by the Director;

    (3)   comply with PCI DSS standards;

    (4)   be registered to the appropriate licensee or driver with the Department; and

    (5)   retain records of all transactions for at least six months.

  (e)   A licensee or driver must allow the Director to inspect records of all credit card transactions processed using a system registered to the licensee or driver upon the Director’s request.

**Sec. 53-314. Trip records.**

  (a)   Each driver, or the fleet or association on behalf of an affiliated individual licensee, must keep a record, for a period of 6 months, of all in-service trips in a form approved by the Department.  Each in-service trip must be entered on the trip record at the point of pickup.

  (b)   The driver, or the fleet or association on behalf of an affiliated individual licensee, must submit trip records to the Department whenever the Director requires.

  (c)   Each trip record must include the date, the driver’s starting and ending time, and the taxicab’s starting and ending mileage for the driver’s work day.

  (d)   Each rest break the driver takes must be entered on the trip record.

**Sec. 53-315. Out of service notice.**

  When a taxicab is not operating, the driver must display a notice visible to the public that the taxicab is out of service.  This notice must take a form approved by the Director.

**Sec. 53-316. Parking at taxicab stands.**

  (a)   A driver must not park in a taxicab stand unless:

    (1)   the taxicab is in service,

    (2)   the driver is in or within 50 feet of the taxicab, and is awake, and

    (3)   the driver is clearly visible from the taxicab and the area adjacent to it.

  (b)   A person must not park any vehicle other than a taxicab at a taxicab stand.

**Sec. 53-317. Parking to solicit business.**

  A driver must not park in any publicly controlled parking space, whether restricted by parking meter or posted by official signs, to solicit business.  However, a driver may park in a publicly controlled parking space, after paying any required fee, while waiting to receive a dispatch assignment.

**Sec. 53-318. Trips to be made by most direct route.**

  A passenger may request that a driver take a specific route to the passenger’s destination.  Otherwise, a driver must make all trips by the most direct route from the point of pickup to the point of destination.  However, the driver may suggest, and the passenger may approve, a less direct route that may take less time under the circumstances.

**Sec. 53-319. Accident reports.**

  (a)   Not more than 24 hours after an accident involving a taxicab, the driver of the taxicab must submit to the licensee and the Department a written report which provides a detailed account of the accident and whether any property was damaged or any person was injured.

  (b)   The report must include the driver’s name; driver’s identification card number; taxicab number; date, location, time, and description of the accident; and whether a police report was filed.

  (c)   The Police Department must forward any official police report of an accident involving a taxicab licensed under this Chapter to the Department when it is available to any party.

**Sec. 53-320. Use by other persons prohibited.**

  A person who holds an identification card under this Chapter must not permit the card to be used by any other person.

**Sec. 53-321. Hours of operation.**

  A full time driver must not drive a taxicab more than 12 hours during any 24-hour period.  A part-time driver must not drive a taxicab more than 4 hours during any 24-hour period in which the driver is otherwise employed for 8 or more hours.

**Sec. 53-322. Driver and passengers only permitted in vehicle; exception.**

  When a taxicab is in service, a person other than the driver and the passengers must not be allowed in the taxicab, except:

  (a)   a person participating in a driver training program operated by the licensee; or

  (b)   a passenger’s personal care attendant.

**Sec. 53-323. Maximum number of passengers.**

  A driver must not carry more people in a taxicab than the number designated on the license.

**Sec. 53-324. Group riding.**

  (a)   A taxicab may be used to jointly serve passengers who have not previously notified the driver or dispatcher of their intention to travel together and whose trips either begin or end at different locations.

  (b)   Each person sharing a taxicab must consent to share the ride with others.

  (c)   A driver must not solicit other passengers en route to the destination of the passengers who already occupy the taxicab.

  (d)   A person seeking taxicab service must not be refused service so that the driver may try to arrange a more profitable grouping.

### Article 4. Driver and Passenger Conduct.

**Sec. 53-401. Alcoholic beverages; controlled dangerous substances.**

  (a)   A person may transport alcoholic beverages in a taxicab only if all beverages are sealed.

  (b)   A controlled dangerous substance must not be transported in a taxicab unless the substance was properly prescribed to the person who possesses it.

**Sec. 53-402. Smoking.**

  Smoking is prohibited in any taxicab at all times.

**Sec. 53-403. Duty of passenger to pay fare.**

  A person who uses a taxicab must pay any lawful charge due before leaving the taxicab.

### Article 5. Accessibility.

**Sec. 53-501. Standards.**

  (a)   A person must not operate an accessible taxicab until the Department approves the special equipment required by applicable regulations.

  (b)   Each accessible taxicab must conform to the Americans with Disabilities Act standards and all other applicable federal, state, and County standards.

**Sec. 53-502. Interior numbering and lettering.**

  The licensee must post any interior taxicab vehicle identification required under this Chapter in Braille.

**Sec. 53-503. Training.**

  Any licensee who transports passengers who use wheelchairs or scooters must train each driver on the special needs of persons with disabilities.  The training program must be approved by the Department after consulting the Commission on People with Disabilities, the Department of Health and Human Services, and the Taxicab Services Commission.  This training should be made available to any driver who is issued an identification card under this Chapter.

**Sec. 53-504. Duty to accept and transport persons with disabilities.**

  Without limiting the general duty to accept and convey passengers, the driver of an accessible taxicab must respond to a call for service from a person with a disability who uses a wheelchair or scooter and who is located in the same geographic zone before accepting any other call.  Each licensee must dispatch an accessible taxicab to a person with a disability who uses a wheelchair or scooter before assigning the accessible taxicab to any other passenger.

**Sec. 53-505. Accessible taxicab trip records.**

  Each driver must keep a current record of all accessible taxicab trips on a form approved by the Department.  The driver must submit these trip records to the licensee.  The licensee must submit quarterly trip records to Department listing the number of wheelchair and scooter users transported in each vehicle.

**Sec. 53-506. Number of accessible taxicab licenses.**

  (a)   The overall number of accessible taxicab licenses must not be less than 5% of the total of available County taxicab licenses.

  (b)   The Department must set the number of new accessible taxicab licenses by regulation, based on past and current demand and after consulting the Taxicab Services Commission, the Commission on People with Disabilities, and the Department of Health and Human Services.

  (c)   After considering the recommendations of the Taxicab Services Commission, the Department may establish, by regulation, a method to allow temporary replacement of accessible vehicles with sedans.

  (d)   Each fleet and association must provide an adequate number of accessible taxicabs to meet service demand 24 hours per day, 7 days a week, as required by applicable regulation.

  (e)   The Department must develop a plan for increasing the number of accessible taxicabs, with a goal of having 100% accessible taxicabs in the County by 2025 unless the Director determines that goal to be impracticable.

### Article 6. Enforcement.

**Sec. 53-601. Duty of licensees and drivers generally.**

  Each licensee, passenger, and driver must comply with this Chapter and all applicable laws and regulations.

**Sec. 53-602. Obstruction and hindering of investigations; false statements.**

  (a)   A person must not obstruct or hinder an official investigation being conducted by any inspector, enforcement agent, or law enforcement officer.

  (b)   a person must not obtain or attempt to obtain, or prevent or attempt to prevent the suspension or revocation of, a license or identification card by fraud, misrepresentation, false or misleading statement, or omission of any material fact.

**Sec. 53-603. Penalty for violations.**

  (a)   Any violation of this Chapter or regulations adopted under it, or any violation of an order of the Director, is a Class A violation.

  (b)   The Executive, by regulation, may establish a schedule of fines for violations of this Chapter, any regulations adopted under it, or any order issued under it.  Those fines may be lower than the maximum fine for a Class A violation, and once adopted, may supersede the fine otherwise imposed for a Class A violation for those provisions to which the regulation applies.

**Sec. 53-604. Suspension or revocation of license or identification card.**

  (a)   The Director may revoke or suspend any license or identification card, as appropriate, if, after notice and opportunity for a hearing, the Director finds that:

    (1)   facts existing before or after the issuance of a license or identification card would be cause under this Chapter for the Director to refuse to issue or renew the license or card;

    (2)   a licensee or driver violated this Chapter or regulations adopted under it, or any other applicable federal, state, or County law;

    (3)   a licensee or driver has been convicted of any crime of moral turpitude, including a crime of violence, sex offense, or a felony involving a controlled dangerous substance;

    (4)   a licensee or driver obtained or attempted to obtain a license or identification card by fraud, misrepresentation, false or misleading statement, or omission of material facts; or

    (5)   a licensee or driver operated a taxicab, or allowed a taxicab to be operated, in a manner that endangered the public health, safety, or welfare.

  (b)   In addition to the reasons specified in subsection (a), the Director may revoke or suspend a license or identification card if:

    (1)   the Department received a consistent pattern of reasonably verified complaints against the licensee or driver within any 12 month period, or the Department received a reasonably verified complaint involving a threat to the public health, safety, or welfare;

    (2)   the licensee or driver was convicted of, pled no contest to, or was placed on probation before judgment for operating a motor vehicle under the influence of or while intoxicated with alcohol or a controlled dangerous substance, or for reckless driving; or

    (3)   The licensee or driver was convicted of failure to stop after involvement in an accident or has a driving record which indicates an unsafe driving pattern or disregard for motor vehicle laws.

  (c)   A revocation or suspension under subsection (a)(3) must remain in effect, pending appeal, until the criminal action is concluded.

  (d)   This Section is in addition to any other provision of this Chapter that establishes cause to suspend or revoke a license or identification card.

  (e)   A person whose identification card has been revoked must not reapply for another identification card for at least 2 years.

  (f)   If the Director finds an immediate threat to the public safety or health, the Director, before holding a hearing, may immediately suspend, revoke, or deny the issuance or renewal of, a license or identification card.  Without limiting the Director’s discretion in finding an immediate threat to the public safety or health, any pending charge or conviction that would preclude the issuance or renewal of a license or identification card constitutes an immediate threat to the public safety or health.

**Sec. 53-605. Notices of violations and actions.**

  In addition to any other notice required by law:

  (a)   the Department must send a copy of any notice of violation issued to a driver to the licensee of any vehicle involved in the violation, unless the driver is also the licensee; and

  (b)   each fleet or association must notify each affiliate of any action taken or proposed action taken regarding any license held by that affiliate, or regarding the driver of any taxicab for which the affiliate holds the license, of which the fleet or association is aware, if the affiliate is not otherwise required to be notified of the action or proposed action.

### Article 7. Hearings, Appeals, and Judicial Review.

**Sec. 53-701. Administrative appeal of certain denials.**

  (a)   A person may appeal to the Director from a decision of the Department refusing to issue or renew a driver identification card or license, including the opportunity to compete for a license under the lottery procedures of this Chapter because of a lack of qualifications.

  (b)   An appeal must be filed in writing within 15 days after the Director sends the person a written decision.  If the appellant requests a hearing, the Director must provide an opportunity for a hearing under Chapter 2A.

  (c)   The decision of the Director under this Section is final administrative action for purposes of judicial review.

**Sec. 53-703. When effective; surrender of license.**

  (a)   After receiving notice of a revocation or suspension, unless otherwise directed, the licensee or driver must, within 24 hours:

    (1)   place the license or identification card in the mail, first class, postage prepaid, addressed to the Department; or

    (2)   physically deliver the License or identification card to the Department.

  (b)   If the Department does not receive the license or identification card within 48 hours after notification, excluding weekends or a legal holiday, or as directed, the licensee or driver has violated this Chapter and, in addition to any other penalty that may be imposed, the Director or police may:

    (1)   remove the revoked or suspended license or identification card from the taxicab;

    (2)   seize the taxicab and hold it until the license or identification card is surrendered; or

    (3)   demand the return of the license or identification card by the appropriate person.

**Sec. 53-704. Judicial review - denial, revocation, or suspension.**

  (a)   Any person aggrieved by the denial, suspension, or revocation of a license or identification card may apply for judicial review under the applicable Maryland Rules of Procedure.

  (b)   If a transcript of any administrative proceeding has not been prepared, the appellant must pay the cost of preparing the transcript.

  (c)   The Director’s decision to deny a license or driver identification card must not be stayed pending judicial review.  Final administrative action that revokes or suspends, or refuses to renew, a license or identification card may be stayed pending judicial review only if the court finds, after a full evidentiary hearing, that the public health, safety, or welfare will not be endangered during the period of judicial review.

  (d)   A lottery or other license issuance procedure may proceed while judicial review of the denial of a license or the opportunity to compete for a license is pending.  Judicial modification or reversal of a final administrative action to deny a license or the opportunity to compete for a license does not affect the validity of any other license that was properly issued under this Chapter.  If the court finds that a license was improperly denied, the court may order the Director to issue the license, notwithstanding any numerical limit in this Chapter on the number of licenses that can be issued.  However, a license must not be issued to the appellant until all rights to judicial review have been exhausted.

  (e)   Any decision of the Circuit Court on an appeal under this Section may be appealed to the Court of Special Appeals.

### Article 8. Transportation Services Improvement Fund

**Sec. 53-801. Transportation Services Improvement Fund.**

  (a)   Definitions.  In this section:

    (1)   Fund means the Transportation Services Improvement Fund established in this Section.

    (2)   Transportation Network Services means “Transportation Network Services” as defined in § 10-101 of the Public Utilities Article of the Maryland Code.

  (b)   Fund established.

    (1)   There is a Transportation Services Improvement Fund created to improve the delivery of:

      (A)   accessible transportation services in the County;

      (B)   transportation for eligible senior citizens; and

      (C)   transportation for persons of limited income.

    (2)   The Fund consists of:

      (A)   all revenue from the surcharge imposed on transportation network services under this Section;

      (B)   all funds appropriated to it by the County Council; and

      (C)   all funds received by the Fund from any other public or private entity.

  (c)   Per-ride surcharge.  There is a $0.25 surcharge on Transportation Network Services for each trip originating in the County. The surcharge must be collected as provided in  § 10-406 of the Public Utilities Article of the Maryland Code.

  (d)   Use of the Fund.  Disbursements from the Fund must only be used to supplement, and must not supplant, Fiscal Year 2019 expenditures appropriated in the annual operating budget resolution to:

    (1)   offset the higher operational costs of accessible taxicab services for owners and operators including, but not limited to:

      (A)   vehicle costs associated with purchasing and retrofitting an accessible vehicle;

      (B)   costs associated with receiving training in providing accessible transportation services; and

      (C)   additional time involved in providing accessible taxicab services; or

    (2)   provide incentives or program enhancements to improve or expand transportation options for:

      (A)   persons with disabilities;

      (B)   eligible senior citizens; or

      (C)   persons of limited income.

  (e)   Disbursements from the Fund.  The Executive must by regulation establish the procedure for determining when and how to make distributions from the Fund to taxicab owners and operators, including setting eligibility standards, imposing conditions of reimbursement, imposing a maximum amount of reimbursement, and considering timely distribution of reimbursement to taxicab owners and operators.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 53A. Tenant Displacement.

**Sec. 53A-1. Legislative findings.**

  The County Council finds that:

  (a)   there is a continuing severe shortage of low and moderate-income rental housing in the County;

  (b)   tenants often experience significant hardship when they are displaced by conversion of rental housing; and

  (c)   it is in the best interests of public health, safety, and welfare to regulate the conversion of rental housing in the County.

**Sec. 53A-2. Definitions.**

  (a)    Convert and conversion mean:

    (1)

      (A)   changing the use of rental housing to nonresidential use;

      (B)   demolishing at least one-third of the units in rental housing in a 12- month period;

      (C)   displacing tenants from at least one-third of the occupied units in rental housing in a 12-month period by:

        (i)   raising rents; or

        (ii)   preparing to rehabilitate the rental housing; or

      (D)   any other act that ends the use of the property as rental housing.

    (2)   Conversion does not include establishing a condominium or cooperative.

  (aa)   County assignee means a qualified entity that has accepted in writing an assignment of a right of first refusal by the County Executive or the designee of the County Executive.

  (b)   Department means the Department of Housing and Community Affairs.

  (c)   HOC means the Montgomery County Housing Opportunities Commission.

  (d)   Owner means a person holding title to rental housing.

  (e)   Qualified entity means a legal entity that:

    (1)   is designated under 53A-4(g) as eligible to accept an assignment of a right of first refusal by the County Executive.

    (2)   The following are designated qualified entities: Rockville Department of Housing and Community Development and Rockville Housing Enterprises of the City of Rockville; the Division of Housing and Community Development of the City of Gaithersburg; and the Department of Housing and Community Development of the City of Takoma Park.

  (f)   Rental housing means a multiple-family dwelling, or a group of multiple-family dwellings operated as one entity, with a total of at least 4 rental units.

  (g)

    (1)   Sale, sell, or selling mean:

      (A)   transfer of title to rental housing;

      (B)   transfer in a 12-month period of a majority interest in owner; or

      (C)   lease of rental housing for more than 7 years.

    (2)   These terms do not include entering into a contract for the sale of rental housing that gives the County, HOC, a tenant organization, or a County assignee a right of first refusal under this Chapter.

  (h)   Tenant means an individual who lives in a rental housing unit with the owner’s consent and is responsible for paying rent to the owner.

  (i)   Tenant organization means an association of tenants of rental housing that:

    (1)   represents tenants of at least 30 percent of the occupied units in the rental housing; and

    (2)   is certified by the Department according to Executive regulations.

  (j)   Title means:

    (1)   a legal or equitable ownership interest in rental housing; or

    (2)   a legal, equitable, or beneficial interest in a partnership, limited partnership, corporation, trust or other person who is not an individual, that has a legal or equitable ownership interest in rental housing.

**Sec. 53A-3. Notice of sale.**

  (a)   Notice required.

    (1)   Within 5 days after an owner enters into a bona fide contract of sale to sell rental housing, the owner must provide written notice of the sale:

      (A)   to each tenant in the rental housing by first class mail;

      (B)   posted in the public areas of the rental housing; and

      (C)   to the Department with a list identifying each tenant and the tenant’s address.

    (2)   The notice of sale must offer to sell the rental housing to any tenant organization under Section 53A-4, and include any other information required by Executive regulations.

  (b)   Tenant organization.  If there is no certified tenant organization for the rental housing when the notice of sale is due under subsection (a), then a tenant organization may be formed to exercise the right of first refusal if the Department certifies the organization within 45 days after the owner provides notice to the tenants under subsection (a).

**Sec. 53A-4. Right of first refusal to buy rental housing.**

  (a)    Right of first refusal. An owner must offer the County, HOC, and any tenant organization the right to buy rental housing before selling the rental housing to another party, except as provided under Section 53A-5.

  (b)   Requirements for offer.  An offer required by subsection (a) must:

    (1)   be in writing;

    (2)   be sent electronically to the Department or, at the discretion of the Director, be sent by an alternative delivery method to the Department if electronic delivery would cause an undue burden to the owner, within 5 business days after:

      (A)   the execution of a bona fide contract of sale, for the County, HOC, and any existing tenant organization; or

      (B)   the Department certifies a tenant organization, for a new tenant organization formed under Section 53A-3(b);

    (3)   include substantially the same terms and conditions as a pending bona fide contract of sale from a third party to buy the rental housing; and

    (4)   remain open for:

      (A)   60 days after it is received by the County and HOC; and

      (B)   90 days after it is received by any tenant organization, including a new tenant organization formed under Section 53A-3(b).

    (5)   The County must send an electronic copy of the offer to all qualified entities.

  (c)   Information and inspection. The owner must give the County, HOC, any tenant organization, and any County assignee:

    (1)   any information about the rental housing relevant to exercising the right of first refusal, such as architectural and engineering plans and specifications, and operating data; and

    (2)   access to the rental housing to inspect the property and conduct reasonable tests at reasonable times after reasonable notice.

    The County, HOC, any tenant organization, and any County assignee must pay the owner a reasonable deposit for any architectural and engineering plans that the owner provides. The owner must refund the deposit when the plans are returned to the owner. The County Executive must issue regulations to implement this subsection.

  (d)   Exercise of right of first refusal.

    (1)   The County, HOC, any tenant organization, or any County assignee may exercise the right of first refusal by accepting the offer within the applicable period under subsection (b)(4). The County, County assignee, and HOC may accept an offer to buy rental housing in a municipality only if the municipality approves.

    (2)   The owner must sell the rental housing under the right of first refusal if the acceptance includes substantially the same terms and conditions contained in the owner’s bona fide contract of sale with the third party, including any contract term that provides for a bona fide real estate commission payable to an independent broker.  Notwithstanding this general requirement or any term of the contract, the County, HOC, any tenant organization, or any County assignee may condition its acceptance on obtaining financing at any time before the deadline in paragraph (4) for completing the sale.

    (3)   The County, HOC, any tenant organization, or any County assignee must not be required to pay to the owner a deposit of more than 5 percent of the contract price to accept the offer and exercise its right of first refusal. The deposit is refundable in the event of a good faith failure of the County, HOC, any tenant organization, or any County assignee to satisfy the financing contingency under paragraph (2).

    (4)   The owner and the County, HOC, tenant organization, or County assignee must complete a sale under this subsection within 180 days after the County, HOC, or tenant organization receives the owner’s offer unless the owner agrees to extend the 180-day period. If the County, HOC, tenant organization or County assignee exercises the right of first refusal and fails to close within the 180 day deadline, then the owner, without first providing a new offer, may transfer the rental housing to any purchaser within 365 days following the date of the offer, provided that the purchase price is not less than 90 percent of the purchase price set forth in the original offer under subsection (a).

    (5)   Before a tenant organization completes a sale under paragraph (4), a majority of all tenants must ratify the purchase.

    (6)   The right of first refusal applies in the following order of priority:

      (A)   the County or County assignee;

      (B)   HOC; and

      (C)   any tenant organization.

    (7)   The Executive must issue regulations that establish procedures and guidelines for exercising the County’s right of first refusal.

  (e)   Expiration of right of first refusal. If the County, HOC, any tenant organization, and any County assignee do not exercise their rights of first refusal within the applicable period under subsection (b)(4), the owner  may sell the rental housing to the third-party buyer under substantially the same terms and conditions offered to the County, HOC, and any tenant organization.

  (f)   Immunity.  The County, HOC, any tenant organization, and any County assignee are not liable for any damages incurred by the owner, a third-party buyer, a tenant, or any other person in connection with a decision to exercise or not exercise a right of first refusal under this Section.

  (g)   Assignment.

    (1)   The County Executive may assign the right of first refusal, or a contract to purchase rental housing, to an entity qualified by the Department to receive such assignment under this subsection. The Department may designate an entity as a qualified entity if the Department determines that the entity:

      (A)   has demonstrated expertise in acquiring, maintaining, and managing rental and affordable housing;

      (B)   is a bona fide nonprofit, a for-profit entity, or a governmental housing agency or authority, in good standing under the laws of the State of Maryland at the time of assignment;

      (C)   is registered and licensed to do business in Maryland;

      (D)   commits in writing to maintain the affordability of housing acquired under this subsection; and

      (E)   commits in writing that it must not disclose any information or documentation it receives from an owner pursuant to this Chapter unless required by law.

    (2)   The County Executive must adopt regulations under Method (2) to establish a process for qualifying and selecting entities to receive an assignment under this subsection. The regulations must establish:

      (A)   a process that provides entities a fair opportunity to demonstrate to the County Executive or the County Executive’s designee its qualifications to receive an assignment;

      (B)   factors that an entity must demonstrate to be deemed a qualified entity;

      (C)   affordable housing restrictions that a qualified entity must commit in writing to maintain, if selected as a County assignee; and

      (D)   criteria the County Executive or the County Executive’s designee must use for selecting County assignees from among qualified entities.

    (3)   An assignment by the County Executive of the County’s right of first refusal must be accomplished by a written agreement with the assignee that includes an assignment and assumption of the County’s rights and obligations under this Chapter as to its right of first refusal. The County must provide an owner with a copy of the assignment and assumption agreement within 3 business days of execution. The County’s option to assign its right of first refusal to a qualified entity must not extend the 60 day exercise period under Section 53A-4(b)(4) or the 180 day closing deadline under Section 53A-4(d)(4).

  Sec. 3. Transition. As to any offer of sale received by the County after January 1, 2024, and prior to the effective date of Method (2) regulations adopted by the Council under this Act, the County Executive, by executive order, may assign to an entity qualified by the Department the right of first refusal if the entity:

  (a)   demonstrates that the entity is either a bona fide nonprofit or for-profit entity in good standing under the laws of the State of Maryland, or a designated entity under Section 52A-2;

  (b)   certifies in writing that for the past 10 years the person or each principal in the entity has complied with all laws related to the acquisition, maintenance, and management of rental and affordable housing;

  (c)   demonstrates that the entity has expertise and experience acquiring, owning, operating, managing, and developing multi-unit affordable rental housing projects in the last five years, including a certification that the entity has never been in financial default as either a borrower or guarantor, or if to the contrary, explaining in complete detail all the circumstances;

  (d)   demonstrates proof of readiness to purchase the property; and

  (e)   demonstrates a commitment to community engagement, such as working with community-based organizations or tenant counseling organizations on anti-displacement activities.

  Sec. 4. Sunset. Section 3 must sunset, and must have no further force or effect, 90 days after this Act becomes law.

**Sec. 53A-5. Sales not requiring right of first refusal.**

  (a)    Agreement not to convert.

    (1)   An owner may sell rental housing without providing any right of first refusal under Section 53A-4 if the Department approves a written agreement that:

      (A)   prohibits the buyer from converting the rental housing for at least 5 years after the sale;

      (B)   the Department received from the prospective buyer at least 30 days before the sale; and

      (C)   except as provided in paragraph (2)(B), requires the buyer to follow the voluntary rent increase guidelines published annually under Section 29-53 during:

        (i)   the first 3 years of the agreement, for all tenants who resided in the rental housing when the Department approved the agreement; and

        (ii)   the last 2 years, for each of these tenants who qualifies as a low- or moderate-income tenant under Department regulations.

    (2)   The Department may:

      (A)   approve or reject an agreement with the buyer under this subsection only after considering the:

        (i)   physical condition of the rental housing, including any rehabilitation necessary to correct dangerous defects;

        (ii)   tenants' ability to afford rent increases; and

        (iii)   need to preserve low- and moderate-income rental housing in the County;

      (B)   allow the buyer to increase rents above the limits in paragraph (1)(C) only when the Department decides that a greater increase is justified by:

        (i)   unforeseen circumstances beyond the buyer’s control; or

        (ii)   
									
									rehabilitation or renovation to the rental housing.

    (3)   The Department annually must verify the buyer’s compliance with the rent increase limits required by this subsection.

  (b)   Other exceptions.  An owner also does not have to provide a right of first refusal for a sale:

    (1)   under the terms of a bona fide mortgage or deed of trust;

    (2)   to a mortgagee in lieu of foreclosure;

    (3)   under a court order;

    (4)   from one co-tenant to another co-tenant by operation of law;

    (5)   under a will or intestate distribution;

    (6)   to the State or a local government;

    (7)   of a minority title interest; or

    (8)   under subsection (c).

  (c)   Exemption for low income housing tax credit transfers.

    (1)   Definitions. For purposes of this subsection, the following terms have the meanings indicated.

      Low Income Housing Tax Credit or LIHTC means a low income housing tax credit program under:

      (A)   section 42 of the United States Internal Revenue Code of 1986, as amended; or

      (B)   a comparable County or State of Maryland low income housing tax credit program with occupancy, rent, and income requirements at least as restrictive as those under section 42 of the United States Internal Revenue Code, as amended.

      LIHTC transfer means:

      (A)   a transfer of interest in a partnership or limited liability company that owns rental housing as its sole or principal asset, if the sole purpose of the transfer is to admit one or more limited partners or investor members who will make capital contributions and receive tax benefits under the LIHTC;

      (B)   a transfer of interest in an entity that owns rental housing, or a transfer of title to rental housing, if each of the following conditions is satisfied:

        (i)   the credit period for the rental housing under the LIHTC has ended;

        (ii)   immediately prior to the transfer, the rental housing is subject to an extended low-income housing commitment under the LIHTC;

        (iii)   before and after the transfer, the owner of the rental housing is controlled, directly or indirectly, by the same person or entity; and

        (iv)   immediately following the transfer, the rental housing must, for a term of not less than 10 years, remain subject to, or become subject to, an extended low-income housing commitment under the LIHTC;

      (C)   a transfer of interest in a partnership or limited liability company that owns rental housing as its sole or principal asset, if the sole purpose of the transfer is to allow for the exit of one or more limited partners or investor members who have made capital contributions and received tax benefits under LIHTC; or

      (D)   a transfer of interest in an entity that owns rental housing as its sole or principal asset, or a transfer of title to rental housing, if the sole purpose of the transfer is to qualify for and enter into a new credit period under the LIHTC for purposes of the rehabilitation of the rental housing if, before and after the transfer, the owner of the rental housing is controlled, directly or indirectly, by the same person or entity.

      LIHTC transfer notice means the notice under paragraph (2)(C).

    (2)   LIHTC transfer notice – required. An owner may sell rental housing without providing any right of first refusal under Section 53A-4 if:

      (A)   the property is financed or to be financed by the LIHTC;

      (B)   the sale or transfer is a LIHTC transfer; and

      (C)   not less than 90 days prior to the projected transfer date of the property or interest in the property, the owner provides written notice to the Department of such transfer, which notice must contain:

        (i)   the draft transfer agreement;

        (ii)   the existing low income tax credit covenant recorded on the property or, if none is recorded on the property, the draft low income tax credit covenant to be recorded on the property; and

        (iii)   the proposed date of closing.

    (3)   Agreement not to convert for LIHTC. Upon receipt of the LIHTC transfer notice, the Department must have 30 days to approve or deny the LIHTC transfer under the notice. If the Department denies the LIHTC transfer, the owner may pursue an agreement not to convert as set forth in Section 53A-5(a).

    (4)   Properties funded by LIHTC and the County – no additional notice required. An owner may sell rental housing without providing any right of first refusal under Section 53A-4, and without providing a LIHTC transfer notice, if:

      (A)   the property is financed or to be financed by the LIHTC; and

      (B)   either:

        (i)   the sale or transfer is a LIHTC transfer and, immediately prior to the transfer, the rental housing is subject to a regulatory agreement or deed of trust with the County that requires the owner to provide the County with notice and approval rights over any transfer; or

        (ii)   the sale or transfer is a LIHTC transfer and, simultaneously with the transfer, the rental housing will become subject to a regulatory agreement or deed of trust with the County that requires the owner to provide the County with notice and approval rights over any transfer.

  Sec. 3. Transition. As to any offer of sale received by the County after January 1, 2024, and prior to the effective date of Method (2) regulations adopted by the Council under this Act, the County Executive, by executive order, may assign to an entity qualified by the Department the right of first refusal if the entity:

  (a)   demonstrates that the entity is either a bona fide nonprofit or for-profit entity in good standing under the laws of the State of Maryland, or a designated entity under Section 52A-2;

  (b)   certifies in writing that for the past 10 years the person or each principal in the entity has complied with all laws related to the acquisition, maintenance, and management of rental and affordable housing;

  (c)   demonstrates that the entity has expertise and experience acquiring, owning, operating, managing, and developing multi-unit affordable rental housing projects in the last five years, including a certification that the entity has never been in financial default as either a borrower or guarantor, or if to the contrary, explaining in complete detail all the circumstances;

  (d)   demonstrates proof of readiness to purchase the property; and

  (e)   demonstrates a commitment to community engagement, such as working with community-based organizations or tenant counseling organizations on anti-displacement activities.

  Sec. 4. Sunset. Section 3 must sunset, and must have no further force or effect, 90 days after this Act becomes law.

**Sec. 53A-6. Conversion of rental housing.**

  (a)    Notice of conversion. An owner must not convert rental housing unless the owner notified each tenant in the rental housing at least 120 days before converting the building.  Before renting to a prospective tenant during this 120-day period, the owner must notify the prospective tenant about the conversion.

  (b)    Termination of lease.  A tenant who receives a notice of conversion may terminate a lease without penalty at least 30 days after notifying the owner in writing.

  (c)    Tenant relocation assistance. The owner must pay a tenant relocation assistance equal to 2 months’ rent if the tenant moves out of the rental housing within 180 days after the tenant received the notice of conversion required by subsection (a).  The owner must pay the relocation assistance not more than 10 days after the owner received the tenants’ notice of termination under subsection (b).

**Sec. 53A-7. Certificate of compliance.**

  The Department must issue a certificate of compliance for rental housing to the owner, the buyer, or any other interested party, in a form appropriate for recordation in the land records, when the Department determines that the requirements of this Chapter have been satisfied.  The certificate is conclusive evidence of compliance with this Chapter.

**Sec. 53A-8. Complaints.**

  Any person harmed by an owner, buyer, tenant organization, or any other person who violates this Chapter may file a written complaint with the Department.

**Sec. 53A-9. Enforcement.**

  (a)   The Department may enforce this Chapter by:

    (1)   investigating any alleged violation;

    (2)   issuing a summons or subpoena to compel the attendance of a person or the production of documents or other evidence;

    (3)   enjoining a violation;

    (4)   revoking a rental license issued under Chapter 29;

    (5)   reporting a violation to any other appropriate government agency;

    (6)   informal conciliation between a complainant and an alleged violator;

    (7)   dismissing a complaint when the Director of the Department determines that there is insufficient evidence of a violation;

    (8)   obtaining injunctive or other appropriate judicial relief, such as an order to:

      (A)   require compliance with a summons or a subpoena;

      (B)   require an alleged violator or witness to attend a Department meeting or other proceeding concerning the alleged violation;

      (C)   require production of documents or other evidence;

      (D)   require transfer of documents or other evidence to the Court; or

      (E)   prohibit the destruction of documents or other evidence;

    (9)   recovering costs and fees of an investigation or a lawsuit if the Department finds a violation occurred, and prevails in any appeal;

    (10)   ordering any appropriate financial, legal, or equitable relief to a tenant or tenant organization injured by a violation of this Chapter;

    (11)   any other applicable enforcement action that the Department could take to enforce a violation of Chapter 11 (Consumer Protection) or Chapter 29 (Landlord-Tenant Relations), under the procedure provided in the respective Chapter;

    (12)   developing, conducting, or assisting in educational and information programs concerning the requirements of this Chapter; and

    (13)   adopting regulations to implement this Chapter.

  (b)   Any sale of rental housing in violation of this Chapter is void.

  (c)   This Chapter does not limit any other legal right available to a person.

**Sec. 53A-10. Penalties.**

  A violation of this Chapter or a regulation adopted under this Chapter is a class A violation.  A violation may be punished as a separate violation for each unit in the rental housing affected by the violation for each day the violation exists.

**Sec. 53A-11. Annual reports to the Council.**

  By February 1 of each year, the County Executive must report to the Council on activities under this Chapter for the prior calendar year, including:

  (a)   any offer of a right of first refusal received by the County;

  (b)   any agreement not to convert that the Department approved; and

  (c)   conversion of rental housing in the County.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 54. Transient Lodging Facilities.

### Article I. In General.

**Sec. 54-1. Definitions.**

  For the purposes of this Chapter, unless the language or context clearly indicates that a different meaning is intended, the following words and phrases have the following meanings:

  Average lot grade means the arithmetic average of the highest and lowest elevations of the ground contiguous to the building.

  Basement means that portion of any building located below grade when at least one-half of the vertical height extends above the average lot grade.

  Bed and Breakfast means a detached house that is owner-occupied with no more than 5 guest rooms for rent and customarily serves breakfast to guests and allowed under Section 59-3.5.6.B of this Code.

  Cellar means that portion of any building which is located below grade and whose vertical height extends less than one-half above the average lot grade.

  Director means the Director of the Department of Health and Human Services, or the Director’s designee, in Article II of this Chapter. Director means the Director of the Department of Housing and Community Affairs, or the Director’s designee, in Article III of this Chapter.

  Department means the Department of Health and Human Services in Article II of this Chapter. Department means the Department of Housing and Community Affairs in Article III of this Chapter.

  Establishment means a hotel or Bed and Breakfast or Short-Term Residential Rental regulated under this chapter.

  Fire Code means the Fire Prevention Code in Chapter 22 as amended.

  Habitable room means a room in which people normally congregate or sleep with a minimum ceiling height of 7 feet. Bathrooms, closets, porches, decks, toilet rooms, storage rooms, kitchens, and pantries are not habitable rooms.

  Hotel means a building or portion of a building where, for compensation, lodging or lodging and meals are provided or offered to 3 or more transient visitors. Hotel includes a motel, but not a bed and breakfast.

  Household means a person living alone, or any one of the following groups living together as a single housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:

    1.   any number of people related by blood, marriage, adoption, or guardianship;

    2.   up to 5 unrelated people; or

    3.   2 unrelated people and any children, parents, siblings, or other persons related to either of them by blood, adoption, or guardianship.

  Lodging means the short-term overnight accommodation of a paying guest.

  Plumbing Code means the Plumbing Code adopted by the Washington Suburban Sanitary Commission, as amended.

  Short-Term Residential Rental means the residential occupancy of a dwelling unit for a fee for less than 30 consecutive days as allowed under Section 59-3.3.3.I of this Code.

  Solid wastes means garbage, trash, sweepings, animal refuse and dead animals.

  Transient visitor means a person who purchases lodging, with or without meals, for a continuous period of 6 months or less.

**Sec. 54-2. Authority of Executive to regulate and license.**

  The Executive may adopt regulations, under method (3), concerning the operation, maintenance, conduct, application, licensing, and license fees for a hotel, short-term residential rental, or bed and breakfast.

**Sec. 54-3. Guest register—Required.**

  Any person who owns or operates a hotel, in the County must maintain on the premises a permanent register containing:

  (a)   the name of each visitor;

  (b)   the residence address of each visitor, including state, city or town, street and street number or rural mail delivery route number;

  (c)   the number of the room or facility occupied by each visitor; and

  (d)   the date and time of registration and checkout of each visitor.

  The register must include a record of the license plate numbers and state of registration of any automobiles or trailers that guests are using. The owner or operator of the establishment must see that the license plate and automobile or trailer registration information is correct. A person must not occupy any room until the registration required under this section is provided. The permanent register may be in a bound book, looseleaf book, or cards. If a looseleaf book or cards are used, the pages or cards must be numbered consecutively before use and all numbered pages or cards must be kept even though they are not used. The register required by this section must be kept for at least 3 years and must be open to inspection upon the request of the Director or of any law enforcement officer of the county or the state.

**Sec. 54-4. Same-Giving or permitting false information to be given prohibited.**

  A person must not knowingly write any false or incorrect name or address or license plate number in any such register. The owner, manager, or employee of a hotel must not knowingly permit any person to write any false name or address or license plate number in any such register.

### Article II. HOTELS.

#### Division 1. Generally.

**Sec. 54-5. Numbering of rooms.**

  Every hotel must have a unique number on the corridor side of the door to each guest room.

**Sec. 54-6. Limitation on admission of visitors.**

  A hotel must not admit more visitors than the number for which it is licensed.

**Sec. 54-7. Inspection of register by county officials.**

  Registers kept under Section 54-3 must always be available at the hotel for inspection by the Director, the fire marshal, the police chief and their designees. The licensee may request the official to present proper credentials or proof of identity.

**Sec. 54-8. Owner, operator or manager to reside on premises.**

  The owner, operator, or a responsible manager appointed by the owner or operator must be on-site at all times at each hotel.

**Sec. 54-9. Parking facilities.**

  Every hotel must provide off-street automobile parking for visitors as required by Chapter 59 of this Code, as amended.

**Sec. 54-10. Administration and enforcement of article generally.**

  The Director must administer and enforce this chapter with the assistance of other County departments, as necessary.

**Sec. 54-11. Right of entry of County officials.**

  The Director, the fire marshal, the police chief and their designee, upon exhibiting the proper credentials or proof of identity, may enter any hotel to make any necessary inspection during business or operating hours. Inspections may also occur at other times if the county officials find it necessary to protect the health and safety of any person.

**Sec. 54-12. Responsibility for compliance with article.**

  The owner or operator of a hotel, and the hotel’s agent or manager, are responsible for complying with this article.

**Sec. 54-13. Violation of article; penalties.**

  A violation of any provision of Article II or Article III of this Chapter is a class A violation.

#### Division 2. Licenses.

**Sec. 54-14. License required.**

  Any building occupied or used as a hotel within the county must be licensed for such occupancy and use by the Director. An operator of a hotel must cease operating immediately after the license has expired or has been revoked or suspended.

**Sec. 54-15. Application.**

  Before the Director issues an annual license for any hotel under this Division, the owner or operator, or their authorized agent, must file an application that satisfies the regulations approved by the Executive under method (3) of Section 2A-15 of this Code.

**Sec. 54-16. Compliance with Code, before issuance.**

  The Director must not issue a license to any hotel under this Division unless the proposed hotel conforms with the applicable provisions of this Code.

**Sec. 54-17. Certificates to be filed before issuance.**

  The Director must not issue an initial license or license renewal under this Division unless the applicant files with the Department a certificate:

  (a)   of use and occupancy from the Department of Permitting Services;

  (b)   from the fire marshal stating that the building complies with the fire prevention code; and

  (c)   from the Director stating that the building or buildings and rooms to be occupied or used by the guests of the hotel, and the premises on which such buildings are located, comply with the standards and regulations of the County and State Boards of Health.

**Sec. 54-18. Separate license required for each establishment.**

  The Director must require each hotel, operated by the same management, to obtain a separate license under this Division.

**Sec. 54-19. Fees.**

  The Executive must establish annual fees for licenses under this Division by regulation adopted under method (3) of Section 2A-15 of this Code. Fees must not exceed an amount necessary to defray the costs of administering this Chapter.

**Sec. 54-20. Denial where operator has been convicted of certain state law violations.**

  The Director may deny an initial license or license renewal to operate a hotel under this Division if the Director finds the owner or operator of the proposed hotel was convicted of violating the following provisions of the Criminal Law Article of the Maryland Code:

  (a)   Section 10-202 (keeping disorderly house);

  (b)   Title 12 (gaming);

  (c)   Title 5 (controlled dangerous substances, prescriptions, and other substances); or

  (d)   Section 10-201 (disturbing the public peace and disorderly conduct).

  The Director may deny an initial license or license renewal if the owner or operator was convicted of any similar offense outside Maryland.

**Sec. 54-21. Procedure for issuance or denial.**

  (a)    When an application for a license under this Division, or when a previously issued license is in the renewal process, the Director or the Director’s designee must conduct all investigations and inspections required by this article. The Director must approve or deny the application within 90 days after the date of filing, or as soon thereafter as practicable. Applications for renewal of a license filed on or before October 1 under Section 54-25 and that have not been approved or denied by the Director before the following January 1, remain in effect until approved or denied by the Director.

  (b)    If, after all investigations and inspections are completed, the Director finds that the hotel for which a license under this Division is requested does not satisfy the requirements of this chapter, the Director must, within 10 days after making such a finding, transmit notice of such finding to the applicant. The notice must advise the applicant of the necessary corrective measures to be taken before the Director will issue the license. The Director may direct the applicant to appear within 10 days from the date of service of the notice to show cause why the license should not be denied. If the applicant fails to show cause as directed in such notice, or fails to take the necessary corrective action, the Director may deny the application.

  (c)   The Director must send all of the Director’s orders and notices to the applicant either by registered mail or by personal delivery at the address shown on the application. If the applicant cannot be found in the County, service by personal delivery must be made to the person who is in charge of the hotel.

**Sec. 54-22. Display.**

  The applicant must prominently display each license issued under this Division in the hotel for which it was issued.

**Sec. 54-22A. Complaints.**

  (a)   The Director must investigate any complaint that a licensee is in violation of this Article within 30 days of receiving the complaint.

  (b)   If a violation is found, the Director must issue written notice of the violation to the owner or operator requiring that the violation be corrected immediately.

  (c)   If the violation is not corrected immediately, the Director may revoke or suspend the license under Section 54-26.

**Sec. 54-23. Change of location of establishment; transfer.**

  (a)   Whenever a hotel changes its location, the current license held by such owner or operator under this Division is void.

  (b)   The Director may authorize the transfer of a license issued under this Division to a new owner or operator upon an application for transfer of the license and payment of a transfer fee. The Executive must establish the transfer fee by regulation adopted under method (3) of Section 2A-15 of this Code.

**Sec. 54-24. Expiration.**

  All licenses issued under this Division expire on December 31 of the year for which they are issued, unless sooner revoked or suspended under this Article.

**Sec. 54-25. Renewal.**

  On or before July 1 of each year, every hotel must make application to the department for renewal of the license required by this Division. Before a license for any hotel is renewed by the Director, the Director must receive the certificates required under Section 54-17. The Director must renew the license after receiving the certificates, completing any outstanding complaint investigations, and finding that the application satisfies this Article.

**Sec. 54-26. Revocation or suspension generally.**

  (a)    The Director may revoke or suspend any license issued under this Division if the Director finds that the owner or operator of any hotel is in violation of any provision of this Article. Any such revocation or suspension must be by written order directed to the owner or operator of the hotel under the procedures of subsection 54-21(c). Any such notice of revocation or suspension must require the holder of the license to appear before the Director and show cause why the license should not be revoked or suspended.

  (b)    The Director may revoke or suspend any license issued under this Division if the Director finds that the hotel is disruptive to the general peaceful enjoyment, dangerous to the health and safety, of the community or is a nuisance because of noise or indecent or immoral activity by any guest, owner, operator or employee. The Director may also revoke or suspend any license issued under this Chapter if the owner or operator of the hotel has, while operating the hotel, been convicted of violating:

    (1)   the provisions of the Criminal Law Article of the Maryland Code as listed in Section 54-20; or

    (2)   the drunkenness and disorderly conduct provisions of Section 10-201 of the Criminal Law Article of the Maryland Code while on the licensed premises.

Revocation or suspension of a license under this subsection must follow the procedures in Section 54-21(b).

**Sec. 54-27. Appeals from denial, revocation or suspension.**

  Any person aggrieved by the denial, revocation or suspension of a license under this Division may appeal from the action of the Director to the Board of Appeals. Such person must file a notice of appeal with the clerk of the Board of Appeals within 20 days after service of notice of such action. Upon receiving such appeal, the Board of Appeals must hold a hearing within 30 days after the notice of appeal has been filed, and must act upon the appeal within 30 days after the hearing.

#### Division 3. Health Standards and Regulations.

**Sec. 54-28. Water and sewer facilities.**

  Water and sewer facilities in every hotel must be connected to public lines where such lines are available. When public sewer lines are not available, the private sewage system must satisfy Chapter 45 of this Code. When public water lines are not available, only a water supply approved by the Director may be used.

**Sec. 54-29. Plumbing facilities.**

  Toilet and bath facilities must satisfy the plumbing code for the Washington Suburban Sanitary Commission as amended.

**Sec. 54-30. Disposal of solid waste.**

  All solid waste must be stored in covered metal receptacles. These receptacles must be removed from the premises and cleaned at least once a week or as often as the Director requires. All such waste must be disposed of in a manner that does not constitute a nuisance.

**Sec. 54-31. Insects.**

  All interior spaces must be maintained free of all insects. Any infestation must be immediately addressed by management.

**Sec. 54-32. Minimum size of rooms.**

  (a)    Any habitable room in a hotel must be at least 70 square feet in floor area and there must be at least 50 square feet of floor area for each person. Children under 12 years of age are counted as one-half person. Children under 1 year of age are not counted as a person for the purpose of this requirement.

  (b)    At least one-half of the floor area of every habitable room must have a ceiling height of at least 7 feet, and the floor area of that part of any room where the ceiling height is less than 5 feet is not considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy of the room.

**Sec. 54-33. Heating and ventilation.**

  All rooms in hotels must be adequately heated and ventilated. Every habitable room must have at least one easily opened window or skylight, or such other device that adequately ventilates the room. Every hotel must have a heating system. The heating system must be properly installed and maintained in safe and good working condition capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments to a temperature of at least 70 degrees Fahrenheit at a distance of 3 feet above floor level under ordinary minimum winter conditions.

**Sec. 54-34. Lighting.**

  All rooms in hotels must be adequately lighted including light for reading.

**Sec. 54-35. Basement rooms.**

  Only when basement floors and walls are constructed of material impervious to water, may a habitable room be located in a basement.

**Sec. 54-36. Cellar rooms.**

  A room in a cellar is not a habitable room.

**Sec. 54-37. Bedding and linen.**

  (a)    All mattresses, blankets and other bedding used at hotels must be kept clean and free of bedbugs.

  (b)    Clean sheets and pillow slips must be provided in hotels at least once each week and after each succeeding guest.

**Sec. 54-38. Reserved.**

**Sec. 54-39. Food, dining rooms and kitchens.**

  Food, public dining rooms and kitchens in each hotel must satisfy Chapter 15 of this Code as amended.

**Sec. 54-40. Maintenance of premises.**

  Every owner or operator of a hotel is responsible for maintaining all parts of the hotel, in a clean and sanitary condition, including the land on which the hotel is located. Every owner or operator is responsible for maintaining the hotel in good repair.

**Sec. 54-41. Inspections and report of violations of article.**

  The Department is responsible for making all necessary inspections regulated under this Article and must report to the Director any violations of this Division.

### Article III. BED AND BREAKFAST AND SHORT-TERM RESIDENTIAL RENTAL.

**Sec. 54-42. License required.**

  A person must not operate a bed and breakfast or short-term residential rental in the County without a license issued by the Director.  After the initial issuance of a license, the license must be renewed once a year.

**Sec. 54-43. Application for a License.**

  An application for a bed and breakfast license or short-term residential rental or a license renewal for either use must be signed by the applicant and include the State Sales Tax and Use Registration number. The applicant must certify that:

  (a)   the building in which the bed and breakfast license or short-term residential rental is located complies with all applicable zoning standards under Chapter 59 of this Code;

  (b)   the total number of overnight guests in the short-term residential rental who are 18 years or older is limited to 6, and the total number of overnight guests over 18 years of age per bedroom is limited to 2;

  (c)   only habitable rooms will be used by guests;

  (d)   smoke detectors in all units and carbon monoxide detectors in all units using natural gas operate as designed;

  (e)   sanitation facilities operate as designed;

  (f)   all local taxes and required fees are paid in full;

  (g)   the dwelling unit where the bed and breakfast or short-term residential rental is located is the primary residence of the applicant;

  (h)   the applicant is the owner or owner-authorized agent of the facility;

  (i)   the applicant posted rules and regulations inside the rental, including contact information for a representative designated for emergency purposes;

  (j)   notwithstanding section 54-45(d), the applicant has not been found guilty of a violation of this Chapter in the past 36 months;

  (k)   the designated representative resides within 15 miles of the unit and will be accessible for the entirety of any contract where the primary resident is not present;

  (l)   a record of all overnight visitors will be maintained and readily available for inspection;

  (m)   where applicable, the following parties were notified:

    (1)   in a single-unit or attached unit, abutting and confronting neighbors;

    (2)   in a multi-unit building, neighbors living across the hall and those that share a ceiling, floor, and walls with the applicant’s unit;

    (3)   the municipality in which the residence is located;

    (4)   any applicable homeowners association, condominium, housing cooperative; and

    (5)   the owner of the unit or the owner’s rental agent, if the applicant is not the owner;

  (n)   the application is not prohibited by any homeowners association or condominium document, or a rental lease;

  (o)   the common ownership community fees for the dwelling unit are no more than 30 days past due;

  (p)   except for persons visiting the primary resident, only registered guests will be allowed on the property; and

  (q)   any online rental listing will include the short-term residential rental license number.

**Sec. 54-44. Applications.**

  The Director must establish an electronic method of submitting, issuing, renewing, denying, suspending, and revoking an application for a license through the internet.

**Sec. 54-45. License Approval and Renewal.**

  The Director:

  (a)   must review the application, including supporting documents provided by the applicant, for conformance with this Chapter and all other applicable laws and regulations;

  (b)   may inspect the property;

  (c)   must approve or deny a license or a license renewal no earlier than 30 and no later than 60 days after receipt of a completed application and all required fees unless the Director receives a challenge to the application under Section 54-46;

  (d)   must not deny a license for the sole reason that an applicant was operating without a license, if it is the applicant’s first time receiving such a violation; and

  (e)   must, if the license or license renewal is approved:

    (1)   issue the license for a term of one year, renewable for additional one-year terms, subject to re-application, payment of the license fee, and compliance with all applicable laws and certifications required for the license; and

    (2)   provide written notice to the parties listed in section 54-43(m) of the issuance of the license and the procedure to file an appeal with the Board of Appeals.

**Sec. 54-46. Challenge to Applications.**

  (a)   Within 30 days after the application is filed, a challenge may be filed with the Director by:

    (1)   a resident or owner of real property located within 300 feet of a licensed or proposed license;

    (2)   the municipality in which the residence is located;

    (3)   any applicable homeowners association, condominium, housing cooperative; or

    (4)   the owner of the unit or the owner’s rental agent, if the applicant is not the owner.

  (b)   The Director must, within 60 days after receipt of the challenge:

    (1)   provide notice of the challenge to the applicant;

    (2)   provide an opportunity for the applicant to respond to the challenge;

    (3)   investigate any question of fact raised by the challenge;

    (4)   approve or deny the license or license renewal after reviewing the application, including supporting documents provided by the applicant and challenger, for conformance with this Chapter and all other applicable laws and regulations; and

    (5)   if the license or license renewal is approved:

      (i)   issue the license for a term of one year, renewable for additional one-year terms, subject to re-application, payment of the license fee, and compliance with all applicable laws and certifications required for the license; and

      (ii)   provide written notice to the parties listed in section 54-43(m) of the issuance of the license and the procedure to file an appeal with the Board of Appeals.

**Sec. 54-47. Suspension and Revocation.**

  (a)   The Director may suspend or revoke any license issued under this Article if the Director finds that the licensee:

    (1)   has violated this Chapter or any other applicable law or regulation;

    (2)   has been convicted of violating any of the provisions of the Criminal Law Article of the Maryland Code listed in in Section 54-20 while operating the bed and breakfast or short-term residential rental; or

    (3)   has repeatedly operated in a manner that is dangerous to the health and safety of the community or is a nuisance because of noise or other activity, as verified by the Department.

  (b)   Prior to any suspension or revocation, the Director may require the holder of the license to appear before the Director and show cause why the license should not be suspended or revoked.

**Sec. 54-48. Appeals.**

  Any person aggrieved by the issuance, renewal, denial, revocation or suspension of a bed and breakfast license or short-term rental license may appeal the Director’s decision to the Board of Appeals within 30 days of the Director’s decision, regardless of whether a challenge to the application was filed under Section 54-46.

**Sec. 54-49. Effect of a revocation.**

  For a period of 3 years after a license is revoked, the Director must not issue a bed and breakfast or short-term residential rental license to:

  (a)   the former licensee or a member of the former licensee’s household; or

  (b)   any applicant for a license to use the same dwelling unit where the license was revoked.

### Article IV. Reserved

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 54A. Transit Facilities.

**Sec. 54A-1. Definitions.**

  As used in this chapter, unless the context indicates otherwise:

    (1)   Public passenger vehicle or vehicle means a bus or rapid rail passenger car owned or operated by WMATA, or owned or operated by the county or on behalf of the county, while the vehicle is transporting passengers in regular, contract, special or community service.

    (2)   Rail transit station or station means a place regularly used for pickup and discharge of passengers from rail passenger vehicles. "Station" includes all fare-paid areas and enclosed areas of a rail transit station owned or operated by WMATA.

    (3)   Fare means the amount to be paid for rail or bus transit services, and the time and manner of payment, established by WMATA or the county.

    (4)   Operator means an operator of a public passenger vehicle, or an employee or agent of WMATA or the county responsible for a vehicle or station.

    (5)   WMATA means the Washington Metropolitan Area Transit Authority.

**Sec. 54A-2. Prohibited conduct.**

  A passenger in a public passenger vehicle or a person in a rail transit station must not:

    (1)   Smoke or carry a lighted or smoldering pipe, cigar or cigarette;

    (2)   Consume food or drink;

    (3)   Spit;

    (4)   Discard litter, other than in an approved receptacle;

    (5)   Play any radio, tape recorder or similar instrument, unless the instrument is connected to an earphone that limits the sound to the individual user;

    (6)   Carry any flammable liquids not in a sealed container, live animals, birds, reptiles, explosives, acids or any other item inherently dangerous or offensive to others, except:

      a.   Guide dogs properly harnessed and accompanied by handicapped passengers; and

      b.   Small animals properly packaged and hand-carried;

    (7)   Stand, sit, or lie in front of the white line marked on the forward end of the floor of a vehicle, or otherwise obstruct the vision or function of the operator;

    (8)   Board any vehicle through the rear exit door or a signed emergency exit, unless so directed by an operator;

    (9)   Knowingly board a vehicle or knowingly enter or leave a fare-paid area of a rail transit station without paying the fare or presenting a valid transfer;

    (10)   Run, climb through windows or on seats, obstruct passage, obstruct the use of elevators or escalators, or otherwise endanger a passenger or operator;

    (11)   Wear or use roller skates, skateboards, baby carriages or strollers that are not readily collapsible, wagons or carts, unless permitted by an operator;

    (12)   Walk with bare feet;

    (13)   Sell or try to sell anything;

    (14)   Operate, carry, or park any bicycle, tricycle, unicycle, motorcycle, motorbike or similar vehicle, unless:

      a.   The person carries a valid permit from WMATA or the county to transport the vehicle; and

      b.   The person complies with all conditions of the permit;

    (15)   Be on a track, tunnel, catwalk, or any other part of the rail transit system without the express written permission of WMATA;

    (16)   Ride on top of or on the side of any vehicle, or between two (2) rail transit cars, without the express written permission of WMATA or the county; or

    (17)   Mark or draw on a station or vehicle.

**Sec. 54A-3. Carrier's right to refuse transport.**

  Any public carrier transporting passengers may refuse to transport any person who disturbs the public peace, as defined in state law. A person must not refuse to leave a vehicle or station after an operator or police officer who reasonably believes that the person is disturbing the public peace directs the person to leave.

**Sec. 54A-4. Interference with operation of facilities and vehicles.**

  A person must not obstruct the operation of any transit facility or public passenger vehicle. A person must not open the doors of, stop or impede any public passenger vehicle. This section does not apply to operators, public safety personnel, or any person responding reasonably to an emergency or apparent emergency. Any violation of this section is a class A violation.

**Sec. 54A-5. Bicycles, motorcycles and similar vehicles.**

  A person must not attach a bicycle, tricycle, unicycle, moped, motorcycle, motorbike or similar vehicle to a fence, tree, railing or other structure not specifically intended for that purpose on or near a station. A person must not park a bicycle, tricycle, unicycle, moped, motorcycle, motorbike or similar vehicle in an area not specifically intended for that purpose.

**Sec. 54A-6. Violations.**

  Any violation of this chapter, except section 54A-4, is a class C violation.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 55. TREE CANOPY.

### Article 1. Purpose and General Provisions.

**Sec. 55-1. Short title.**

  This Chapter may be cited as the Montgomery County Tree Canopy Law.

**Sec. 55-2. Findings and purpose.**

  (a)   Findings.  The County Council finds that it is in the public interest to offset the environmental impacts of development and address the loss of environmental resources, including trees and potential growing space for shade trees, and conserve tree canopy throughout the County.  Trees and tree canopy constitute important environmental resources. Trees cleanse the air, offset the heat island effects of urban development, reduce energy needs, and provide oxygen. They improve the quality of life in communities by providing for a greater sense of well-being and increasing esthetic appeal and compatibility between different land uses. Trees filter groundwater, reduce surface runoff and soil erosion, help alleviate flooding, and supply necessary habitat for a diversity of wildlife. The Council finds that the damage to or loss of environmental resources as a result of development and other land disturbing activities is a serious problem in the County, and that establishing shade trees and tree canopy helps mitigate these losses and increase the diversity of species and age classes of trees. The Council finds that, given the expected survival rate of newly planted shade trees, at least 3 new shade trees should be planted to produce the canopy coverage of one mature shade tree.

  (b)   Purpose.  The purposes of this Chapter are to:

    (1)   save, maintain, and establish tree canopy for the benefit of County residents and future generations; and

    (2)   provide for mitigation when environmental resources, including trees and potential growing space for shade trees, are lost or disturbed as a result of development, by establishing:

      (A)   shade tree planting requirements and standards; and

      (B)   a program to plant shade trees, including planting individual trees or groups of trees, on private and public property.

**Sec. 55-3. Definitions.**

  In this Chapter, the following terms have the meanings indicated:

  Department means the Department of Permitting Services.

  Director means the Director of the Department of Permitting Services or the Director’s designee.

  Limits of disturbance means a clearly designated area where land disturbance is expected to occur.

  Person means:

  (1)   to the extent allowed by law, any agency or instrument of the federal government, the state, any county, municipality, or other political subdivision of the state, or a unit of any of them;

  (2)   an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind;

  (3)   any partnership, firm, common ownership community or other homeowners’ association, public or private corporation, or an affiliate or subsidiary of any of them; or

  (4)   any other entity.

  Public utility means any water company, sewage disposal company, electric company, gas company, telephone company, or cable service provider.

  Sediment control permit means a permit required to be obtained for certain land disturbing activities under Chapter 19.

  Shade tree means a tree of large stature that is capable of growing to heights greater than 50 feet.

  Site means any tract, lot, or parcel of land, or combination of tracts, lots, or parcels of land, under a single ownership, or contiguous and under diverse ownership.

  Subwatershed means the total drainage area contributing runoff to a single point, and generally refers to the 8-digit hydrologic unit codes.

  Technical Manual means a detailed guidance document that may be adopted under Section 55-9 and used to administer this Chapter.

  Tree canopy means the area covered by the crown of one or more trees.

  Tree Canopy Conservation Account means a special account maintained by the County to be used as specified in Section 55-10.

**Sec. 55-4. Applicability.**

  Except as otherwise provided in Section 55-5, this Chapter applies to any person required by law to obtain a sediment control permit.

**Sec. 55-5. Exemptions.**

  This Chapter does not apply to:

  (a)   any activity that is subject to Article II of Chapter 22A;

  (b)   any commercial logging or timber harvesting operation with an approved exemption under Article II of Chapter 22A;

  (c)   any tree nursery activity approved under Section 19-48;

  (d)   cutting or clearing trees in a public utility right-of-way for the construction or modification of electric generation facilities approved under the Maryland Code Public Utilities Article if:

    (1)   the person cutting or clearing the trees has obtained a certificate of public convenience and necessity required under Sections 7-207 and 7-208 of the Public Utilities Article; and

    (2)   the cutting or clearing of forest or tree canopy minimizes the loss of both;

  (e)   routine maintenance of a public utility right-of-way, and cutting or clearing any tree by a public utility as necessary to comply with applicable vegetation management requirements, to maintain, repair, replace, or upgrade any public utility transmission or distribution line, or for a new transmission or distribution line;

  (f)   any activity conducted by the County Parks Department;

  (g)   routine or emergency maintenance of an existing stormwater management facility, including an existing access road, if the person performing the maintenance obtained all required permits;

  (h)   any stream restoration project if the person performing the work obtained all necessary permits;

  (i)   cutting or clearing any tree by an existing airport currently operating with all applicable permits to comply with applicable provisions of any federal law or regulation governing the obstruction of navigable airspace;

  (j)   any public use airport’s obligation to pay fees under subsection 55-6(d);

  (k)   cutting or clearing any tree to comply with any applicable federal, state, or local law governing the safety of dams;

  (l)   any development activity permitted as a small land disturbing activity under Section 19-5B; or

  (m)   any non-coal surface mining conducted under applicable state law.

### Article 2. Mitigation Requirements and Review.

**Sec. 55-6. Shade Tree Planting.**

  (a)   Alternatives.  An applicant for a sediment control permit must plant shade trees on the affected property or, if the applicant opts not to plant the required number of trees, pay a fee under subsection (d).

  (b)   Quantity.  The number of shade trees required to be planted under this Section must be based on the square footage of the area in the limits of disturbance.

    (1)   Unless modified or superseded by applicable regulations adopted under Method 1, the number of shade trees planted must comply with the following schedule:

Area (sq. ft.) of the Limits of Disturbance | Number of Shade Trees Required
From | To
1 | 6,000 | 3
6,001 | 8,000 | 6
8,001 | 12,000 | 9
12,001 | 14,000 | 12
14,001 | 40,000 | 15

    (2)   If the area in the limits of disturbance exceeds 40,000 square feet, the minimum number of shade trees required must be prorated using the ratio of 15 trees per 40,000 square feet.

  (c)   Planting.  Each planting of shade trees under this Section must conform to the following requirements:

    (1)   Each shade tree must be allowed at least 400 square feet, unless applicable regulations adopted under Method 1 specify a smaller amount, of open surface area free of any impervious surface, utility, stormwater management system, or other impediment to root growth and development.

    (2)   Shade trees may be planted anywhere on the subject property, including outside the limits of disturbance if sufficient open surface area is available entirely within the property boundaries. Open surface area on an adjacent County right-of-way may be included if no utility, public utility easement, or impervious surface is located in that part of the right-of-way and the tree is located on the affected property so that its stem will not grow into the right-of-way.

  (d)   Fees.

    (1)   If the applicant concludes that any required shade tree cannot be planted on the affected property because sufficient open surface area is not available or for any other reason, the applicant must pay into the Tree Canopy Conservation Account a fee, at a rate set under paragraphs (2) or (3), for each required shade tree that is not planted on the affected property.

    (2)   Except as provided under paragraph (3), the rate to calculate the amount payable under paragraph (1) equals $470 per tree, as adjusted on July 1st of each odd numbered year by the percentage amount of the cumulative increase or decrease in the Consumer Price Index for all urban consumers in the Washington-Baltimore metropolitan area, or any successor index, for the two most recent calendar years.

    (3)   By resolution after a public hearing, the Council may set the rate to calculate the amount payable per tree under paragraph (1).

    (4)   The Director must:

      (A)   calculate an annual fee adjustment under paragraph (2) to the nearest multiple of 5 cents; and

      (B)   publish an amount of a fee adjustment under paragraphs (2) or (3) not later than May 1st of each odd numbered year.

**Sec. 55-7. Submissions.**

  (a)   Required submissions.  A person subject to this Chapter must submit to the Director the following information with each application for a sediment control permit:

    (1)   a plan delineating:

      (A)   the property boundaries;

      (B)   the proposed limits of disturbance, including any off-site areas;

      (C)   any shade tree planting locations and the required open surface area for each planting location;

    (2)   a table summarizing:

      (A)   the square footage of the property;

      (B)   the square footage of the limits of disturbance of the proposed activity;

      (C)   the number of shade trees required under Section 55-6(b), the number of shade trees to be planted, and the amount of fees to be paid under Section 55-6(d); and

      (D)   the open surface area surrounding each shade tree planting location; and

    (3)   any additional information specified by regulation.

  (b)   Qualification of preparer.  A professional engineer, land surveyor, architect, or other person qualified to certify an erosion and sediment control plan under Chapter 19 is also qualified to submit the information required under this Chapter.

  (c)   Incomplete submissions.  The Director must not accept an incomplete submission.

  (d)   Review of submissions.  Each submission required under this Chapter must be reviewed along with any submission required under Article I of Chapter 19.

  (e)   Coordination of review.  The Director may coordinate the review of any information submitted under subsection (a) with one or more other agencies as appropriate.  If the Director coordinates the review with other agencies, the reviews must be performed concurrently and in accordance with any review coordination required under Chapter 19.

  (f)   Issuance of sediment control permit.  The Director must not issue a sediment control permit to a person that is subject to this Chapter until:

    (1)   the Director has approved the applicant’s planting plan;

    (2)   the applicant pays any fee required under this Article; and

    (3)   the applicant has satisfied all applicable requirements under Article I of Chapter 19.

  (g)   Validity period.  An approved shade tree planting plan remains valid for the length of the associated sediment control permit.

  (h)   Application requirement.  To prevent circumvention of this Chapter, the Director may require a person to apply for a sediment control permit if that person limits the removal of tree canopy or limits land disturbing or construction activities below the requirements for a sediment control permit and within the next 10 years disturbs additional tree canopy or land on the same property, or conducts other activities, such that in the aggregate a sediment control permit would have been required.

**Sec. 55-8. Inspections.**

  (a)   Permission to gain access.  The Director may enter any property permitted under this Chapter to inspect the property and enforce this Chapter while the permit is in effect.

  (b)   Plan to be on site; field markings.  A copy of the approved limits of disturbance, including planting locations and minimum open surface areas, must be available on the site for inspection by the Director. Field markings must exist on site before and during installation of all newly planted shade trees, sediment and erosion control measures, construction, or other land disturbing activities.

  (c)   Inspections.  The Director must conduct field inspections for any activity subject to this Chapter along with any inspection required for a sediment control permit under Article I of Chapter 19. The Director may authorize additional inspections or meetings as necessary to administer this Chapter.

  (d)   Timing of inspections.  The inspections required under this Section must occur after all construction activities are completed to determine the level of compliance with shade tree planting requirements.

### Article 3. Administration.

**Sec. 55-9. General.**

  (a)   Regulations.  Except as otherwise provided, the County Executive must adopt regulations, including a technical manual, to administer this Chapter, under Method 2.

  (b)   Technical manual.  The technical manual must include guidance and methods to:

    (1)   preserve trees onsite where possible;

    (2)   identify, map, and evaluate the suitability of planting site locations, including acceptable shapes of open surface areas and the use of County rights-of-way;

    (3)   identify criteria for acceptable species, sizes, and health of newly planted shade trees;

    (4)   identify criteria for acceptable installation techniques; and

    (5)   otherwise comply with program requirements, consistent with this Chapter and applicable regulations.

  (c)   Administrative fee.  The County Executive may, by Method 2 regulation, adopt a schedule of fees to administer this Chapter.

  (d)   Reports.  On or before March 1 of each year, the Directors of Permitting Services and Environmental Protection must jointly submit an annual report on the County shade tree planting program to the County Council and County Executive.

  (e)   Comprehensive planting plan.  The Director of Environmental Protection must adopt and maintain a comprehensive County-wide shade tree planting plan to specify appropriate uses for funds in the Tree Canopy Conservation Account. The Director should develop the plan after consulting other County agencies and the Planning Department.

  (f)   Survival and mortality analysis.  The Department of Environmental Protection must collect data on shade trees planted under this Chapter, and those planted under other programs, to evaluate and provide guidance to the County’s tree canopy programs.

  (g)   Tree canopy plan.  The Director of Environmental Protection, after consulting other County agencies, the Planning Department, the Forest Conservation Advisory Committee, organizations representing development and environmental interests, and the public, must propose to the Executive and Council recommendations regarding:

    (1)   tree canopy goals for the County; and

    (2)   a comprehensive strategy to increase the number of trees planted in the County.

**Sec. 55-10. Tree Canopy Conservation Account.**

  (a)   Established.  A Department assigned by the Executive must create a County Tree Canopy Conservation Account. The Account must be used as provided in this Chapter and the adopted operating budget.

  (b)   Use of funds.  The assigned Department must use funds deposited in the Tree Canopy Conservation Account only to plant and maintain shade trees, including costs directly related to site identification, preparation, and other activities that increase tree canopy. Funds deposited into the Account must not revert to the General Fund and must not be used to hire additional County staff or to supplant funds otherwise appropriated to plant and maintain shade trees and enhance tree canopy.

  (c)   Fines.  Any fine collected for noncompliance with shade tree planting requirements must be deposited in a separate account in the Tree Canopy Conservation Account and must be used to administer this Chapter.

  (d)   Plantings.

    (1)   Shade trees native to the Piedmont area of the County should be used, if feasible, to meet the mitigation requirements of this Chapter.

    (2)   The planting of shade trees under this Chapter must occur in the subwatershed where the project is located, if feasible. Otherwise the shade trees may be planted anywhere in the County.

    (3)   In planting trees under this paragraph, the assigned Department must give highest priority to those areas of the County, such as central business districts and other urban and suburban areas, that have relatively low tree canopy coverage.

**Sec. 55-11. Enforcement.**

  (a)   Compliance.  The Director may issue a notice of violation, corrective order, stop-work order, or civil citation to any person that causes or allows a violation of this Chapter.

  (b)   Civil penalty.  A violation of this Chapter is a Class A violation. The maximum civil penalty for any violation of this Chapter or any regulation adopted under this Chapter is $1,000. Each day that a violation continues is a separate offense.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 56. Urban Renewal and Community Development.

### Article I. In General.

**Sec. 56-1. Rehabilitation loan fund.**

  (a)   The county council is hereby empowered and authorized by resolution to establish and thereafter to maintain a special fund to be known as the "rehabilitation loan fund" for the purpose of making loans to:

    (1)   Homeowners of low income to finance rehabilitation required to make their homes or mobile homes conform to applicable County Code requirements, provided such loans are not available on reasonable terms and conditions from other sources; and

    (2)   Any organization, if the loan is recommended by the Montgomery County Historic Preservation Commission, to rehabilitate or refurbish any historic structure and property that is:

    (i)   Located in this county; and

    (ii)   Owned or operated by the organization.

  (b)   The county executive shall prescribe from time to time such regulations, adopted under method (2) of section 2A-15 of this Code, deemed appropriate for the making of such loans and the administration of the fund, including the right to contract with private organizations for the administration of such fund.

**Sec. 56-1A. Demolition Loan Program.**

  (a)   Subject to appropriation, the Director of the Department of Housing and Community Affairs (in this Section, the Department) may create and administer a Demolition Loan Program.  The purpose of the Program is to assist owners of commercial buildings which are:

    (1)   located in an urban renewal area, enterprise zone, commercial revitalization area, or other commercial area that the Director finds is blighted or threatened with blight;

    (2)   vacant or severely underutilized; and

    (3)   uneconomical to rehabilitate to meet current market demands or to maintain properly.

  (b)   Under lending guidelines and procedures and repayment terms approved by the Director of Finance, the Department may loan from the Economic Development Fund created under Section 20-73 to an owner of a commercial building which meets the standards of subsection (a) all or part of the cost of demolishing the building and clearing the land on which it is located.  The repayment terms for any loan made under this program may allow partial or full forgiveness of the loan when the Director finds that forgiveness would best accomplish the purposes of this program.

  (c)   Any loan greater than an amount set by Regulation must be approved by a lending committee composed of the Director of Finance, Economic Development, and Housing and Community Affairs.  Any loan greater than an amount set by Regulation must not be approved until the County Council has received notice of the loan and a reasonable opportunity to comment.

  (d)   The County Executive must adopt Regulations under method (2) to administer this program.

### Article II. Homeowners' Replacement Loan Fund.

**Sec. 56-2. Definitions.**

  The following terms, wherever used or referred to in this article, shall have the following meanings, unless a different meaning is clearly indicated by the context:

  (a)   Home: Both "one-family dwelling" and "mobile home," as those terms are defined in section 59-1.

  (b)   Homeowner: A person who owns and lives in his or her own home.

  (c)   Replacement: Removal of any existing substandard home and substitution therefor, by construction or purchase and placement on the property, of a home that will comply with all applicable state and county statutes, codes and ordinances.

**Sec. 56-2A. Authority to establish.**

  The county council is hereby empowered and authorized by resolution to establish and thereafter to maintain a special fund to be known as the "homeowners’ replacement loan fund" for the purpose of making direct loans to homeowners of low income, whose present homes cannot be rehabilitated to conform with applicable county code requirements, to finance new homes, including prefabricated and mobile homes and to finance the purchase of land upon which a home is situated; provided, that such loans are not available on reasonable terms and conditions from other sources. The county executive shall adopt under method (2) of section 2A-15 of this Code, from time to time such regulations as he or she shall deem appropriate for the making of such loans and the administration of the fund, including the right to contract with private organizations for the administration of such fund; provided, that the loans available under this fund shall be limited to those individuals whose income and net worth preclude home financing through normal banking or other financial channels. In determining the availability to the property owner of adequate commercial financing, the following shall be taken into consideration:

  (a)   The present condition and value of the property.

  (b)   Real estate owned by the borrower that would be a source of funds either by sale or a commercial loan.

  (c)   Total net income of the borrower and members of his or her family. No loan shall be made to any owner-occupied home where the resources of (a) and (b) above are adequate for obtaining financing of the home from other sources.

**Sec. 56-3. General eligibility requirements.**

  To be eligible for assistance under the homeowners' replacement loan fund, properties shall comply with the following eligibility requirements:

  (a)   Properties or homes shall be single-family, owner-occupied homes which are found to be in violation of one or more of the provisions of the state and county statutes, codes and ordinances relating to the use, maintenance, facilities and occupancy of existing property.

  (b)   Properties or homes shall be situated in locations where they will not be in conflict with the following types of governmental projects:

    1.   Federally assisted urban renewal and concentrated code enforcement projects.

    2.   Projects for the construction or development of public schools, parks, streets, highways, utilities and other public works.

This requirement is not to preclude loans on properties located within urban renewal and code enforcement projects which are not federally assisted.

  (c)   Properties or homes shall be in locations where safe, sanitary and adequate water supply and sewage disposal are available or will be provided as a result of application of the loan proceeds.

  (d)   Properties or homes must not be feasibly capable of being brought into compliance with the applicable county codes and ordinances by use of the rehabilitation loan fund for the county or any other type of rehabilitation loan made available by any other governmental agency because the expense required to achieve rehabilitation would be excessive in relation to the resulting benefit to the property.

**Sec. 56-4. Replacement requirements.**

  The purpose of replacement homes (conventional construction, modular or mobile) is to eliminate existing conditions of deterioration or obsolescence and to prevent their recurrence.

  (a)   Home replacement to be carried out under this program shall be only that necessary to bring the property into full compliance with all applicable state and county statutes, codes and ordinances. Replacement shall be limited to facilities reasonably necessary to accommodate the present occupancy and usage.

  (b)   The purpose of replacement is to eliminate existing conditions of deterioration or obsolescence and to prevent their recurrence. All construction shall be carried out in a workmanlike manner and be of such quality as to be durable and long lasting and in compliance with applicable state and county statutes, codes and ordinances.

**Sec. 56-5. Financing requirements.**

  The loan proceeds available under this program shall be limited to those cases where the property owners' income and net worth precludes home replacement financing through normal banking or other financial channels. Where loans are made available from the homeowners' replacement loan fund, they shall be subject to the following requirements and limitations:

  (a)   Loans may be made to owner-occupants whose verified income does not exceed the section 8 lower income limits for the Washington Metropolitan Area as established from time to time by the U.S. Department of Housing and Urban Development. The county executive may make exception to those limits if a finding is made that an otherwise good risk is unable to obtain a conventional loan.

  (b)   Loans shall carry an interest rate of from one (1) to six (6) percent per annum. Repayment provisions shall be based upon the financial circumstances of the individual property owner. In determining the initial rate of interest the property owner shall not be expected to allocate, based on a loan term of forty-five (45) years, more than thirty-five (35) percent of his family gross income to the monthly costs of shelter (principal, interest, taxes, insurance, maintenance and utilities).

  (c)   Terms of the loan shall be based upon the owner's financial circumstances at the time of the loan commitment. If the initial rate of interest is three (3) percent or less, the interest rate must be increased to a higher rate upon a determination that thirty-five (35) percent of the property owner's family gross income is sufficient to pay the monthly costs of shelter (principal, interest, taxes, insurance, maintenance and utilities) at such higher rate.

  The initial interest rate may be decreased upon a determination that the property owner will pay more than thirty-five (35) percent of family gross income for the monthly costs of shelter (principal, interest, taxes, insurance, maintenance and utilities) and undue financial hardship would occur if the interest rate remained as previously established.

  (d)   Security for loans made pursuant to this fund shall be of such a nature as will best protect the interests of the county at minimum costs and shall be determined on an individual basis pursuant to regulations to be established by the county executive.

  (e)   Existing mortgagees or lien holders whose mortgages or liens are secured by the existing improvements must consent to the removal of the existing improvements. Such mortgagees or lien holders shall have the option to make a reconstruction loan to the applicant if the parties so desire.

  (f)   The interest rate shall be increased to the market rate if the property is sold except that if the property is purchased by the Montgomery County housing opportunities commission, the interest rate shall be three (3) percent. If the property is purchased by a person who meets the eligibility requirements of subsection (a) of section 56-5, the interest rate shall be determined by subsection (b) of section 56-5.

**Sec. 56-6. Administration.**

  The homeowners' replacement loan fund is administered by the Director of Housing and Community Affairs, under regulations adopted by the County Executive under method (2).

### Article III. Urban Renewal.

**Sec. 56-7. Short title.**

  This article shall be known and may be cited as the urban renewal law.

**Sec. 56-8. Findings and declaration of public purpose.**

  It is hereby found and declared that there exist in Montgomery County blighted areas, or slum conditions which require rehabilitation with the aid and assistance of Montgomery County; that the existence of such areas contributes to the spread of crime and disease, constitutes an economic and moral liability, decreases the tax base, reduces tax revenues, increases juvenile delinquency, aggravates traffic conditions and causes numerous traffic problems due to poor street design and layout; that the prevention and elimination of slum and blighted areas is a matter of public policy of the State of Maryland and Montgomery County. It is further found and declared that the existence of these conditions makes it necessary to acquire private property for urban renewal development and redevelopment and such acquisition is hereby declared to be for a public purpose.

**Sec. 56-9. Definitions.**

  (a)   The following terms, wherever used or referred to in this article, shall have the following meanings, unless a different meaning is clearly indicated by the context:

  (b)   Federal government shall include the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.

  (c)   Slum area shall mean any area where the dwellings predominate, which, by reason of depreciation, over-crowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to the public safety, health or morals.

  (d)   Blighted area shall mean an area in which a majority of buildings have declined in productivity by reason of obsolescence, depreciation or other causes to an extent they no longer justify fundamental repairs and adequate maintenance.

  (e)   Urban renewal project shall mean undertakings and activities of Montgomery County in an urban renewal area for the elimination and for the prevention of, the development, or spread of slums and blight, and may involve slum clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings and activities may include--

    (1)   Acquisition of a slum or blighted area or portion thereof;

    (2)   Demolition and removal of buildings and improvements;

    (3)   Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this chapter in accordance with the urban renewal plan;

    (4)   Disposition of any property acquired in the urban renewal area (including sale, leasing or retention by the county itself) at its fair value for uses in accordance with the urban renewal plan;

    (5)   Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and

    (6)   Acquisition of any other real property in the urban renewal area where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities.

  (f)   Urban renewal area shall mean a slum area or blighted area or both, which the county council for Montgomery County designates as appropriate for an urban renewal project.

  (g)   Urban renewal plan shall mean a plan, as it exists from time to time, for an urban renewal project, which plan shall be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum density, and building requirements.

**Sec. 56-10. Powers and authority of council generally.**

  (a)   The county council for Montgomery County is hereby authorized and empowered to carry out and effectuate the purposes and provisions of this article:

  (b)   Generally. To carry out urban renewal projects, which shall be limited to slum clearance in slum or blighted areas and redevelopment thereof, or the rehabilitation of slum or blighted areas.

  (c)   Acquisition of land and property. To acquire in connection with such projects, within Montgomery County, Maryland, land and property of every kind and any right, title, interest, franchise, easement, or privilege therein, including land or property of any right therein already devoted to public use by purchase, lease, gift, option, condemnation, or any other legal means, for development or redevelopment purposes, including, but not limited to, the demolition, comprehensive renovation or rehabilitation thereof; provided, however, that any land or property owned by the State of Maryland shall not be acquired without the prior consent of the state.

  (d)   Mortgage disposal, etc., of real property. To mortgage, pledge, or otherwise encumber or dispose of any real property; provided, that statutory provision with respect to the acquisition, clearance, demolition or disposition of property by public bodies shall not apply to an urban renewal project and related activities unless the legislature shall specifically so state.

  (e)   Development, etc., of property. To develop or redevelop, including, but not limited to, the comprehensive renovation, or rehabilitation of any and all land or property acquired by any of the methods hereinbefore mentioned.

  (f)   Loans, grants, gifts, etc. To apply for and accept from the United States of America, the State of Maryland, or any department or agency thereof, or any other source, any loan, grant, gift, contribution or aid of any kind.

  (g)   Contracts, deeds, leases, etc. To make and execute all contracts, agreements, deeds, leases, franchises, or other legal instruments, for such term and under such conditions as may be necessary or convenient to exercise and carry out the provisions of this article, notwithstanding any limitations as to the term of years imposed by other laws on such contracts, agreements, deeds, leases or franchises.

  (h)   Public improvements. To plan, replan, install, construct, reconstruct, repair, open, close, abandon, or vacate streets, roads, sidewalks, public utilities, parks, playgrounds, and other public improvements in connection with an urban renewal project.

  (i)   Right of entry. To enter into any building or property in any urban renewal area in order to make inspections, surveys, appraisals, soundings or test borings.

  (j)   Holding, improving, insuring, etc., property acquired. To hold, improve, clear or prepare for redevelopment any property acquired in connection with urban renewal projects; to inspect or provide for the insurance of any real or personal property or operations of the county against any risks or hazards, including the authority to pay premiums on any such insurance.

  (k)   Plans, surveys, etc. To make or have made all surveys and plans necessary to the carrying out of the purposes of this article and to adopt or approve, modify and amend such plans, which plans may include, but are not limited to:

    (1)   Plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements;

    (2)   Plans for the enforcement of codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; and

    (3)   Appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects and related activities; and to apply for, accept and utilize grants of funds from the federal government for such purposes.

  (l)   Relocation of displaced persons, etc. To prepare plans for the relocation of persons (including families, business concerns and others) displaced from an urban renewal area, and to make relocation payments to or with respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government.

  (m)   Organization, coordination, etc., generally. To generally organize, coordinate and direct the administration of the provisions of this article in order that the objective of remedying slum or blighted areas and preventing the causes thereof with Montgomery County may be most effectively promoted and achieved.

  (n)   Formulation of "workable program" to promote development, etc. To formulate a "workable program" for utilizing the powers and authority authorized by the Constitution of Maryland, and public general laws, in order to promote development and redevelopment in an urban renewal area.

  (o)   Fiscal matters generally. To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this article, and to levy taxes and assessments for such purposes; to borrow money, and to give such security as may be required therefor; to invest any urban renewal funds held in reserve or sinking funds or any such funds not required for immediate disbursement, in property or securities which are legal investments for other municipal funds.

  (p)   Creation, appointment, etc., of urban renewal commission, etc. To create, appoint, and vest jurisdiction or authority to exercise or perform all or any part of the powers contained in this article, in a suitable board, agency or commission; to designate the number, term, compensation and duties of said commission; to require that no officer, official or employee of such commission, or the county council, shall become financially interested in any way in any land or property which may be acquired for an urban renewal project.

  (q)   Condemnation. To condemn land or property, including improvements, and any other rights, title, and interest therein, in the name of the County for an urban renewal project, under Title 12, Subtitle 1 of the Real Property Article of the Maryland Code.

  (r)   Temporary operation, management, etc., of property acquired. To operate, manage and maintain temporarily any property acquired by Montgomery County in an urban renewal area, or for an urban renewal project, pending disposition of said property as authorized by this article, as may be deemed desirable even though not in conformity with the urban renewal plan.

  (s)   Sale, lease, etc., of property acquired. To sell, lease, convey, transfer or otherwise dispose of or retain any of such land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi-public corporation, partnership, association, person or other legal entity. Any lease or rental agreement entered into pursuant to this article, for any of the purposes or objectives contemplated by this article, is hereby declared to be exclusively for business or commercial purposes and the fee, interest, rent, or charge reserved to be paid shall not be subject to redemption by the lessee, tenant or their successors in title, except to the extent and in the manner set forth in such lease agreement. Such property shall be subject to such covenants, conditions and restrictions, including covenants running with the land as the county council may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this article. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the county council may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban renewal plan. Such real property or interest therein shall be retained, sold, leased, or otherwise transferred at not less than its fair value for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, consideration shall be given to the uses provided in such plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser or lessee or by the county council retaining property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. The conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, or encumber, or lease, or otherwise transfer the real property without the prior written consent of the county council.

  (t)   Miscellaneous. To exercise all or any part or combination of powers granted herein.

**Sec. 56-11. Initiation and approval of project-Resolution initiating project.**

  (a)   The county council in initiating an urban renewal project shall adopt a resolution which:

  (b)   Finds that one or more slum or blighted areas exist in the county.

  (c)   Finds that the rehabilitation, redevelopment or a combination thereof, of such area or areas, is necessary in the interest of the public health, safety, morals or welfare of the residents of the county.

  (d)   Defines the area within which the urban renewal project is to proceed.

  (e)   Authorizes preparation of all necessary plans, drawings, designs, and the employment of necessary engineers, architects, consultants or other personnel in order to properly prepare the detail plans and data for said urban renewal project or projects.

**Sec. 56-12. Same-Review of plan by planning board; notice and public hearing; modifications of plan; resolution approving plan.**

  (a)   Prior to final approval of an urban renewal project, the county council shall:

  (b)   Submit the plans to the Montgomery County Planning Board for its review and recommendation only. The planning board's recommendations shall be submitted within sixty (60) days after receipt of the plans.

  (c)   Hold a public hearing on the proposed urban renewal project, after fifteen (15) days' notice by publication in a newspaper having general circulation in the county, giving the time, place and date of the hearing, and an opportunity for the public to review the plans.

  (d)   Make such change or modification as the council deems desirable in the urban renewal project.

  (e)   Approve the project by resolution. Upon approval by resolution of such urban renewal project, such plan shall be deemed to be in full force and effect.

**Sec. 56-13. Bonds to finance, etc., project, etc.-General obligation bonds; powers of council.**

  (a)   For the purpose of financing and carrying out an urban renewal project and related activities, the county council is hereby granted the power and authority to do the following:

  (b)   Borrow money, etc. To borrow money and incur indebtedness and to evidence such borrowing or indebtedness by the issuance, at any time, and from time to time, its general obligation serial maturity bonds, upon the full faith and credit of Montgomery County, and the county is authorized to contribute and deliver in whole or in part the net cash proceeds of such bond issue, or issues, to a commission, board, or agency created and appointed to administer the provisions of this article.

  (c)   Levy taxes, etc. The county council is hereby authorized and directed in and for each and every fiscal year during which any of such bonds are outstanding, to levy and collect an ad valorem tax, upon all the assessable property in Montgomery County, in an amount sufficient to provide for the payment when due of the principal and interest in all such bonds becoming due in such fiscal year, and in the event the proceeds from the taxes so levied in any such fiscal year shall prove inadequate for the purposes cited in this article, additional taxes shall be levied in the succeeding fiscal year to make up any such deficiency. The bonds hereby authorized shall constitute and they shall so recite an irrevocable pledge of the full faith and credit and unlimited taxing power of the county to the payment of the maturing principal and interest of such bonds as [and] when the same respectively mature. The county may apply to the payment of principal and interest of any bonds issued under this article, any funds received from the State of Maryland, or United States of America or any agency or instrumentality thereof.

  (d)   Bonds to be negotiable instruments. All such bonds shall have, and are hereby declared to have, as between successive holders, all the qualities and incidents of negotiable instruments under the negotiable instruments laws of the state to the extent provided in section 8 of article 31, Annotated Code of Maryland, 1957, as amended.

  (e)   Bonds tax exempt. Any and all such bonds and the interest thereon and the income derived therefrom, in the hands of the holders thereof from time to time, shall be and are hereby declared to be exempt from state, county, city, and municipal taxation of every kind and nature whatsoever in the state.

  (f)   Bonds cumulative. All bonds issued under this article are additional and cumulative and the bonds authorized by this article may be issued notwithstanding that other bond acts may provide for the issuance of other bonds or the borrowing of money for the same or similar purposes on the same or other terms and conditions.

**Sec. 56-14. Same-Revenue bonds-Generally.**

  Or, in the alternative, the county council for Montgomery County may issue revenue bonds which shall be fully negotiable and payable, as to both principal and interest, solely from, and secured solely by, a pledge of and lien upon either or both, of the following (a) or (b):

  (a)   Income. Any and all of the income, receipts, proceeds, revenues, and funds derived from, or available or to be made available for, any undertakings for the accomplishment of the purposes and object mentioned in or contemplated by this article.

  (b)   Contracts. Any contract, or right thereunder existing between the United States of America, or any department or agency thereof, and the county council of Montgomery County with respect to any undertaking for the accomplishment of the purposes and objects of this article.

  Any and all of such bonds, notes or obligations, issued as revenue bonds, shall not be general obligations of Montgomery County and shall not be a pledge of or involve the full faith and credit or taxing power of Montgomery County, and shall not pledge, convey or mortgage any real property owned by Montgomery County, and shall not constitute a debt of Montgomery County, within the meaning of the constitution of Maryland, or within the meaning of any other constitutional, statutory, or charter provisions, limiting or restricting the sale or issuance of bonds, notes or other obligations of Montgomery County.

**Sec. 56-15. Same-Same-Tax exempt; security.**

  Revenue bonds issued under the provisions of this article are declared to be issued for an essential public and governmental purpose and the principal and interest thereon, and income therefrom, shall be exempt from all taxes as provided in section 56-13. Such revenue bonds shall be made payable, as to both principal and interest, solely from the income, proceeds, revenues, and funds of Montgomery County derived from or held in connection with its undertaking and carrying out of urban renewal projects under this article; provided, however, that payment of such bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the federal government or other source, in aid of any urban renewal projects of Montgomery County under this article, and by a mortgage on any such urban renewal projects or any part thereof, title to which is in Montgomery County.

**Sec. 56-16. Same-Authorization and issuance; terms and conditions.**

  Both the revenue bonds and general obligation serial bonds issued under this section shall be authorized by resolution of the county council for Montgomery County and may be issued in one (1) or more series and shall bear the date or dates, be payable upon demand or mature at the time or times, bear interest at the rate or rates, be in the denomination or denominations, be in the form either with or without coupon or registered, carry on the conversion or registration privileges, have the rank or priority, be executed in the manner, be payable in the medium of payment, at the place or places, and be subject to the terms of redemption (with or without premium), be secured in the manner, and have the other characteristics, as may be provided by the resolution or trust indenture or mortgage issued pursuant to this section. These bonds are not subject to the provisions of sections 9, 10, and 11 of article 31, Annotated Code of Maryland, 1957, as amended.

**Sec. 56-17. Same-Sale.**

  Both the revenue bonds and general obligation serial bonds may be sold at not less than par at public sales held after notice published prior to such sale in a newspaper having a general circulation in the county and in such other medium of publication as the council may determine, or may be exchanged for other bonds on the basis of par; provided, that such bonds may be sold to the federal government at private sale at not less than par, and, in the event less than all of the authorized principal amount of such bonds is sold to the federal government, the balance may be sold at private sale at not less than par at an interest cost to the county not to exceed the interest of the portion of the bonds sold to the federal government.

**Sec. 56-18. Same-Signatures of public officials.**

  In case any of the public officials of Montgomery County whose signatures appear on any bonds or coupons issued under this article shall cease to be such officials before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery.

**Sec. 56-19. Same-Validity.**

  In any suit, action or proceeding involving the validity or enforceability of any bond issued under this article or the security therefor, any such bond reciting in substance that it has been issued by Montgomery County in connection with an urban renewal project, as herein defined, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of this article.

**Sec. 56-20. Same-Legal investments.**

  All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by the county pursuant to this article; provided, that such bonds and other obligations shall be secured by an agreement between the issuer and the federal government in which the issuer agrees to borrow from the federal government and the federal government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, moneys in an amount which (together with any other money, irrevocably committed to the payment of principal and interest on such bonds or other obligations) will suffice to pay the principal of such bonds or other obligations with interest at maturity thereon, which moneys under the terms of such agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.

### Article IV. Urban Renewal Grants or Loans to Municipalities.

**Sec. 56-21. Legislative findings.**

  The council finds that there exists within the territorial limits of municipalities in the county, blighted areas, or slum conditions which require rehabilitation; that the existence of such areas contributes to the spread of crime and disease, constitutes an economic and moral liability, decreases the tax base, reduces tax revenues, increases juvenile delinquency within the entire county; that the prevention and elimination of slum and blighted areas is a matter of public policy of the state and the county. It is further found and declared that local municipalities may require assistance financially to rehabilitate such blighted area, or slum conditions. It is further found and declared that the aiding of local municipalities financially to rehabilitate such blighted areas of slum conditions serves to maintain the peace, good government, health and welfare of the county.

**Sec. 56-22. Authority to make grants or loans.**

  The county is hereby authorized to make grants or loans to municipalities within the geographic boundary of the county for the purpose of carrying out urban renewal projects within the boundaries of such municipalities.

**Sec. 56-23. Procedure for approval of applications.**

  (a)   Any municipality within the county is authorized to apply for a grant or loan from the county to assist in financing an urban renewal project within such municipality. The application shall be in such form and contain such information as may be required by the county.

  (b)   Prior to authorizing final approval of an application for a financial grant or loan, the county council shall:

    (1)   Receive and consider the recommendation of the county executive as to whether the grant or loan shall be approved in whole or in part.

    (2)   Hold a public hearing on the proposed urban renewal grant or loan application, after fifteen (15) days' notice in a newspaper having general circulation in the county, giving the time, place and date of the hearing, and an opportunity for the public to view the plans and/or adopt the findings of the local municipality.

    (3)   Approve or deny the grant or loan by resolution.

**Sec. 56-24. Bonds to finance project.**

  For the purpose of financing and carrying out this grant or loan program, the county is granted the power and authority to borrow money and incur indebtedness and to evidence such borrowing or indebtedness by the issuance, at any time, and from time to time, of its general obligation serial maturity bonds, upon the full faith and credit of the county as provided for in section 56-13 or by the use of revenue bonds as provided for in section 56-14.

### Article V. Property Acquisition Through the Housing Site Acquisition Fund.

**Sec. 56-25. Declaration of policy.**

  It is the purpose of the housing site fund to make suitable land available for the development of housing for persons of eligible incomes either through the county or private developers.

  It shall be the policy of the county that each area of the county will contribute to meeting the housing needs for low- and moderate-income families in accordance with that area's share of the housing supply in the county.

**Sec. 56-26. "Persons of eligible income" defined.**

  The following term, wherever used or referred to this article, shall have the following meaning, unless a different meaning is clearly intended by the context: "Persons of eligible income" shall mean persons who individually or as part of a family unit lack that amount of income which is necessary (as determined by the county executive or his designee) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding.

**Sec. 56-27. Powers and authority of county.**

  For the purposes of effectuating and carrying out the provisions of this article, the county is hereby empowered, and the county executive is hereby authorized on the county's behalf consistent with any other applicable provision of law, to undertake the following:

  (a)   Housing site fund. Establish and maintain a housing site fund.

  (b)   Public funds. Expend public funds from the housing site fund for any of the purposes set forth in this article.

  (c)   Acquisition of land and property. Acquire, within the boundary lines of the county, and in accord with the county's policy on the dispersal of low and moderate income housing, by lease, purchase, gift or otherwise, real and personal property of every kind, and any right, title, interest, franchise, easement or privilege therein for use in implementing the provisions of this article.

  (d)   Disposition of property. Grant, sell, lease, convey, transfer or otherwise dispose of or return any of the aforesaid real property to any private or public or quasi-public corporation, partnership, association, person, developer or other legal entity for the purpose of constructing dwellings or housing for persons of eligible income, upon such terms and conditions as shall be determined by the county; provided, that such disposition, grant or lease of any such property shall first have been advertised once a week for three (3) successive weeks in one (1) or more newspapers of general circulation published in the county, stating the terms and the compensation to be received therefor, and giving opportunity for objection thereto, and provided also, that notice of such disposition, grant or lease shall have been given to the county council prior to such advertisement. All proceeds of any such sale or lease shall be credited to the housing site fund. The authority provided by this subsection may be exercised without regard to whether or not the property has been developed, redeveloped or altered, or is unimproved and irrespective of the manner in or means by which it may have been acquired.

  (e)   Obtain services. Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with the acquisition of, land and property pursuant to the provisions of this article. Payment for such services shall be made from the housing site fund.

  (f)   Exercise of powers. Exercise all, or any portion or combination of the powers and authorization herein granted, in accordance with the capital improvements programs and capital budgets approved by the county council.

### Article VI. Housing Opportunity Act.

**Sec. 56-28. Legislative findings.**

  It is hereby found and declared that there exists within the county a critical shortage of decent, safe and sanitary dwelling accommodations available either to rent or purchase which persons of eligible income can afford and that, as a result, such persons are forced to occupy overcrowded and congested dwelling accommodations, or are required to pay an inordinate share of their income for shelter; that the aforesaid conditions necessitate excessive and disproportionate expenditures of public funds for public health and safety, fire and accident protection, and other public services and facilities; that the shortage of decent, safe and sanitary dwellings cannot wholly be relieved through the operation of private enterprise; and that the construction of opportunity housing for persons of eligible income, and/or the expenditure of public funds to assist in securing the production of such opportunity housing are, therefore, not competitive with private enterprise; and that the necessity for such construction and the expenditure of public funds in the public interest, for the provisions hereinafter enacted, are hereby declared as a matter of legislative determination to be valid public purposes.

**Sec. 56-29. Definitions.**

  The following terms, wherever used or referred to in this article, shall have the following respective meanings, unless a different meaning is clearly intended by the context:

  (a)   Persons of eligible income. Persons who individually or as part of a family unit lack sufficient income or assets (as determined by the county executive or his designee) to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding.

  (b)   Opportunity housing. Those dwelling or housing units for which the rental or selling price is established by the county pursuant to this article in order that persons of eligible income may be able, within their respective incomes, to live in decent, safe and sanitary accommodations without overcrowding.

  (c)   Opportunity housing project. Any work or undertaking pursuant to this article to provide decent, safe and sanitary individual or multi-unit dwellings or housing for persons of eligible income. Such work or undertaking may include, but shall not be limited to, the provision of buildings, land, equipment, utilities, streets, parks and any other facilities, rights or appurtenances deemed to be necessary, convenient or desirable within the general intent of this article. The phrase "opportunity housing project" also may be applied to the planning of buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of improvements and all other work in connection with the production of opportunity housing units.

  (d)   Nonprofit housing development corporation. A nonprofit or charitable private or public corporation authorized by the county to receive and expend public funds, in order to provide, or assist in providing, decent, safe and sanitary dwelling accommodations without overcrowding.

  (e)   Real property. All lands, including improvements and fixtures thereon, and the property of any nature appurtenant thereto, or use in connection therewith, and every estate, interest and right, legal or equitable therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

**Sec. 56-30. Powers and authority of county.**

  For the purpose of effectuating and carrying out the provisions of this article, the county, is hereby powered, and the county executive is hereby authorized on the county's behalf, to:

  (a)   Public funds. Expend public funds for any of the purposes set forth in this article.

  (b)   Opportunity housing projects. Institute opportunity housing projects by preparing, carrying out, acquiring and operating opportunity housing projects; to provide for the construction, reconstruction, improvement, alteration or repair of any opportunity housing project, or any part thereof.

  (c)   Acquisition of land and property. Acquire, within the boundary lines of the county, by purchase, gift, option, condemnation or any other legal means, real and personal property of every kind, and any right, title, interest, franchise, easement or privilege therein, for use in opportunity housing projects, all in conformity with section 20-37.

  (d)   Sale, lease, etc. Grant, sell, lease, convey, transfer or otherwise dispose of or return any of the aforesaid real property, regardless of whether or not it has been developed, redeveloped, altered or unimproved, and irrespective of the manner in, or means by, which it may have been acquired, to any sponsors of opportunity dwellings or housing or to any other private or public or quasi-public corporation, partnership, association, person, developer or other legal entity, upon such terms and conditions as may be determined by the county to make economically feasible the development of opportunity housing without the necessity of public bidding or public sale, expressly for the purpose of constructing opportunity housing for persons of eligible income; provided, that such disposition, grant or lease of any such property shall first have been advertised once a week for three (3) successive weeks in one (1) or more newspapers of general circulation published in the county, stating the terms and the compensation to be received therefor, and giving time for filing of objections thereto; and in the event such conveyance takes place the purchaser or lessee thereof shall, prior to entering into any contract or agreement to resell, encumber or in any way lease or otherwise retransfer the property, first obtain written consent of the county executive.

  (e)   Provide services. Arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for, or in connection with, an opportunity housing project or the occupants thereof.

  (f)   Borrow money or issue bonds. Issue bonds or borrow money under other obligations from time to time at the county's discretion, in order to carry out the purposes stated in this article.

  (g)   Insurance. Provide for the securing of insurance against any risks or hazards to any real or personal property or operations of the county in the performance of its duties and the carrying out of its authority as set out in this article; and to procure insurance or guarantees from the federal government or the state for the payment of any debts or encumbrances, or parts thereof, under any federal or state programs for which the county would be eligible in carrying out the purposes of this article.

  (h)   Eligibility standards. Adopt and revise standards, by executive regulations adopted by the county executive under method (2) of section 2A-15 of this Code, for eligibility for renting or purchasing opportunity housing, and establish and revise the rents, sales prices or charges therefor; such rents, sales prices or charges to be based upon a net of maximum income or other financial limits to be established and revised by the county executive for eligibility and admission to such opportunity housing. In establishing and revising such income limits, the county executive shall consider all available statistical data indicating the minimum rentals and sales prices of dwelling units or housing available or being produced in the private market, including sales price data from the county's department of finance; the vacancy ratio in rental units; the currently prevailing prices at which private enterprise can and will produce sales and rental units; and any other statistical data which at the discretion of the county executive is deemed appropriate and relevant to the general market and economic conditions that currently exist.

  (i)   Investigate and plan. Investigate into living and dwelling conditions and into possible means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of decent, safe and sanitary dwelling or housing accommodations; to make or have made all studies, surveys and plans necessary to carry out the purposes of this article, and to adopt or approve, modify and amend such plans; and to cooperate with the federal government and the state, or any political subdivision thereof, in planning actions to be taken to remedy problems of housing in connection with the purposes of this article.

  (j)   Repurchase option. As consideration for the assistance provided the purchaser of an opportunity housing unit by the county pursuant to this article, the county executive, his or her designee or any agency or corporation empowered to carry out the powers granted by this article, may require the purchaser, prior to the sale of such housing unit, to grant by written agreement to the county or said agency or corporation an irrevocable option to repurchase said housing unit for a period of up to five (5) years if the purchaser desires to sell said unit for any reason. The price to which the purchaser shall be entitled under this agreement is the price that was paid by the purchaser plus that percentage of the unit's appreciation in value attributable to the increase in the cost-of-living for the period between purchase and sale, as determined by the Consumer Price Index for All Urban Consumers (CPI-U) for the Washington-Arlington-Alexandria Core Based Statistical Area (CBSA), as published by the United States Department of Labor, Bureau of Labor Statistics, plus the value of improvements beyond normal maintenance. If more than one consumer price index is published by the federal government, then the county executive, his or her designee, or any agency or corporation empowered to carry out the powers of this article, shall determine which index is to be applied.

  (k)   Loans, subsidies, mortgages. Make mortgage loans and rent subsidy payments to persons of eligible income; make construction loans and long-term mortgage loans to any person, firm, partnership, association, joint venture or corporation, public or private, to produce housing for persons of eligible income; purchase mortgages secured by housing for persons of eligible income.

  (l)   Exercise of powers. Exercise all, or any portion or combination of, the powers and authorizations herein granted.

**Sec. 56-31. Housing authority; corporation to carry out opportunity housing projects.**

  The duties, powers, authorizations and responsibilities set forth in this article may be carried out by and through the housing authority of the county or any successor thereto wherever and to the extent they are within the powers granted by law to the said authority. Subject to the foregoing, the county is hereby authorized to provide for the creation of a nonprofit corporation or corporations pursuant to state law, or assist a private nonprofit corporate body or bodies, to carry out opportunity housing projects, which corporation or corporations may be authorized to assist the county in exercising its duties, powers, authorizations and responsibilities set forth in this article, including but not limited to the sale of real property upon such terms and conditions and at such prices as may be determined to make economically feasible the development of opportunity housing. The articles of incorporation and bylaws of any such nonprofit corporation or corporations created under county direction pursuant to state law, other than corporations created by special act of the general assembly, shall be submitted by the county executive to the county council and shall be subject to approval, disapproval or modification and approval by resolution of the council after appropriate public hearing. An additional public hearing or hearings shall not be required if either the articles of incorporation or the bylaws are modified by the council after the initial public hearing. Any articles of incorporation submitted hereunder shall include, but not be limited to, provisions specifying the composition and membership of the board of directors, the method of their appointment and methods of financing the operations and programs of the corporation.

**Sec. 56-32. Additional powers and restrictions.**

  The county council may grant to the county any and all additional power and authority necessary or proper to carry into full force and effect any and all of the specific powers set out in this article and to fully accomplish any and all of the purposes and objects contemplated by the provisions of this article; provided such additional power or authority is not inconsistent with the terms and provisions of this article or with any of the provisions of the constitution of Maryland or any other provision of state law.

### Article VII. Tenant Displacement Aid Fund.

**Sec. 56-33. Findings and declaration of public purpose.**

  The county council hereby finds that there is a portion of the county's rental housing being converted to condominium or other status; that such conversions are having the effect of displacing particular segments of the population from the rental housing market, the most vulnerable of whom are elderly and/or handicapped persons of fixed income, and other persons of moderate income; that many such individuals are financially unable to remain in the rental housing market in Montgomery County successfully or to exercise any right of first refusal without special financial assistance; and that loans and grants for rental or purchase assistance for elderly or handicapped persons and rental assistance for other qualified persons are hereby declared to be for a public purpose serving the good government, peace, health and welfare of the county.

**Sec. 56-34. Financial assistance.**

  (a)   The County Council may by resolution establish and maintain a special fund, known as the "tenant displacement aid fund", to make grants and loans to persons of eligible income.

    (1)   Down payment assistance loans.

      a.   Down payment assistance loans may be made from the tenant displacement fund to persons who are eligible for the following reasons: household member is sixty-two (62) years of age or older at the time of the application or is physically or mentally handicapped as defined by executive regulation adopted by the County Executive under method (2) of Section 2A-15 of this Code, and has an income within the moderately priced dwelling unit ordinance income limits and is being displaced or threatened by displacement as a result of a rental facility changing in status or use, including, but not limited to, the establishment of a condominium regime, the establishment of a cooperative housing project, the establishment of a commercial use of a facility, or partial or complete demolition.

      b.   Loans may be made from the fund for down payment assistance in purchasing a replacement dwelling unit.

      c.   All loans made from the fund to tenants to buy replacement dwelling units must be repaid either when title to the property is transferred, or when the person who qualified the household for eligibility changes his or her primary place of residence for an extended period of time. Eligible households may elect to have the interest on the loans computed by either of the following methods:

        (i)   Interest is fixed at the average interest rate for new mortgages issued in the metropolitan area and compounded annually at that rate. The Director of the Department of Housing and Community Affairs must fix the interest rate at least 30 days before the estimated settlement date.

        (ii)   The interest rate for the first year of the loan is the average interest rate for new mortgages issued in the metropolitan area. The Director must fix the interest rate at least 30 days before the estimated settlement date. Thereafter, the interest is compounded annually using the average interest rate for new mortgages issued in the metropolitan area in the preceding year as determined by the Director.

      d.   Loans may be paid in full or in part at any time, and there shall be no penalty for such payment.

      e.   The amount of the down payment assistance loan to eligible households shall not exceed five thousand dollars ($5,000.00).

    (2)   Rental assistance grant.

      a.   Grants from the tenant displacement aid fund may be made for rent differential assistance, as defined by executive regulations adopted by the County Executive under method (2) of Section 2A-15 of this Code, to persons who are eligible for the following reasons: A household member is sixty-two (62) years of age or older at the time of the application or is physically or mentally handicapped as defined by executive regulation, and has an income within the moderately priced dwelling unit ordinance income limits, and is being displaced or threatened by displacement as a result of a rental facility changing in status or use, including, but not limited to, the establishment of a condominium regime, the establishment of a cooperative housing project, the establishment of a commercial use of a facility, or partial or complete demolition.

      b.   Grants for rent differential assistance may also be made to persons of any age who have household incomes at or below eighty (80) percent of the Washington Metropolitan Area median income, and who are being displaced or threatened by displacement as a result of a rental facility changing in status or use, including but not limited to the establishment of a condominium regime, the establishment of a cooperative housing project, the establishment of a commercial use of a facility, or partial or complete demolition.

      c.   The amount of grant payments to households eligible for rent differential assistance payments to assist them in the rental of a replacement housing unit shall not exceed thirty-five hundred dollars ($3500.00). This payment will amount to the monthly difference in rent between the original dwelling unit and a comparable replacement unit multiplied by twenty-four (24) months.

  (b)   Grant payments to the Housing Opportunities Commission may be made for the purchase of rental units converting to condominium or other status. The County Executive shall prescribe from time to time regulations, adopted under method (2) of Section 2A-15 of this Code, as he shall deem appropriate for the making of grants and the administration of the fund.

  (c)   The County Executive shall prescribe from time to time regulations adopted under method (2) of Section 2A-15 of this Code, as he shall deem appropriate for the making of all grants and loans and the administration of the fund.

  (d)   Eligible households are entitled to receive only a one-time benefit from the tenant displacement aid fund or the condominium emergency aid fund.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 56A. Video Games.

**Sec. 56A-1. Definitions.**

  When used in this Chapter:

  Department means the Department of Health and Human Services.

  Director means the Director of the Department of Health and Human Services or the Director's designee.

  Person means any individual, partnership, corporation, joint stock association, firm, joint venture, or other business entity. "Person" does not include a government or government agency.

  Video game means any coin- or token-operated electronic amusement device using or containing a video image or display.

**Sec. 56A-2. License and registration required.**

  It is unlawful for any person to own, keep, maintain, or allow the operation of any video game for public amusement or public operation in any place or vehicle in the county without complying with the provisions of this chapter.

**Sec. 56A-3. License.**

  (a)   Any person who owns a video game that is maintained or kept for public amusement or public operation in any place or vehicle in the county annually shall obtain a license from the department prior to permitting any operation by the public.

  (b)   An application for a license is on the form and contains the information that the director determines, but shall include at least:

    (1)   The name and address of the licensee and owner; and

    (2)   The location of the video game.

  (c)   Each licensed video game shall have affixed to it in a prominent place the name, address and telephone number of the owner.

  (d)   Each license shall:

    (1)   State the number of video games included in the license; and

    (2)   Be displayed in a prominent place near the video games.

  (e)   Any change in the information stated on the license, including the acquisition of additional video games, and the transfer of ownership, shall be reported to the director within thirty (30) days of the change.

  (f)

    (1)

      (2)   Each person licensed under this chapter shall keep and preserve for a period of twos (2) years, suitable records of the number of video games licensed and the gross receipts from those video games.

    (2)   Upon request, the records shall be furnished to the director.

**Sec. 56A-4. Expiration of license.**

  Each license issued under this chapter expires on the March 1 after the effective date of the license unless the license is renewed for a one-year term.

**Sec. 56A-5. License fees.**

  (a)   The fee for a license issued under this chapter is:

    (1)   Paid to the director;

    (2)   In the amount that the county executive by regulation, adopted under method (3) of section 2A-15 of this Code, sets;

    (3)   Not refundable.

  (b)   If a video game is added to video games already licensed under this chapter, the license fee is prorated on a quarterly basis.

**Sec. 56A-6. Registration.**

  (a)   Any person (establishment) who keeps, holds, or allows the operation of any video game for public amusement or public operation in any place or vehicle in the county annually shall register with the department prior to permitting any operation by the public.

  (b)   The registration is on the form and contains the information that the director determines, but shall include at least:

    (1)   The name and address of the registrant;

    (2)   The location of the business;

    (3)   The number of video games at each location; and

    (4)   The name and address of the owner of the video games at each location.

  (c)   Each certificate of registration issued shall be displayed in a prominent place near the video games.

  (d)   Any change in the information stated on the certificate of registration shall be reported to the director within thirty (30) days of the change.

  (e)

    (1)

      (establishment)

        (2)   Each person (establishment) registered under this chapter shall keep and preserve for a period of two (2) years suitable records of the number of video games licensed and the gross receipts from those video games.

    (2)   Upon request, the records shall be furnished to the director.

**Sec. 56A-7. Expiration of registration.**

  Each certificate of registration issued under this chapter expires on the March 1 after the effective date of the license unless the registration is renewed for a one-year term.

**Sec. 56A-8. Registration fee.**

  The fee for a certificate or registration issued under this chapter is:

    (1)   Paid to the director;

    (2)   In the amount that the county executive by regulation, adopted under method (3) of section 2A-15 of this Code, sets; and

    (3)   Not refundable.

**Sec. 56A-9. Administration.**

  (a)   The department shall:

    (1)   Issue each license and each certificate of registration; and

    (2)   Conduct the inspections.

  (b)   The county executive may issue any necessary regulation, adopted under method (2) of section 2A-15 of this Code, to implement this chapter.

**Sec. 56A-10. Penalties.**

  (a)   Any violation of the provisions of this chapter or regulations adopted under this chapter is punishable as a class A violation as set forth in section 1-19 of this Code.

  (b)   Each day of any violation of this chapter or rule or regulation adopted under this chapter constitutes a separate offense.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 57. Weapons.

**Sec. 57-1. Definitions.**

  In this Chapter, the following words and phrases have the following meanings:

  3D printing process: a process of making a three-dimensional, solid object using a computer code or program, including any process in which material is joined or solidified under computer control to create a three-dimensional object.

  Child safety handgun box: A secure, lockable box designed to hold the handgun being transferred that:

  (1)   requires a key or combination to remove;

  (2)   renders the handgun inoperable when locked; and

  (3)   is approved by Executive regulation under method (2).

  Child safety handgun device: A child safety handgun lock or child safety handgun box.

  Child safety handgun lock: A device that when locked in place prevents movement of the trigger of the handgun being transferred without first removing the lock by use of a key or combination.  "Child safety handgun lock" also includes any other device that can be attached to a handgun and:

  (1)   requires a key or combination to remove;

  (2)   renders the handgun inoperable when locked in place; and

  (3)   is approved by Executive regulation under method (2).

  Crime of violence: Murder, voluntary manslaughter, rape, mayhem, kidnapping, robbery, burglary, housebreaking, arson, assault with intent to murder, ravish or rob, assault with deadly weapon or assault with intent to commit any offense punishable by imprisonment for more than one (1) year.

  Firearm dealer: A person required by State or federal law to obtain a:

  (1)   regulated firearms dealer’s license; or

  (2)   temporary transfer permit to display a regulated firearm at a gun show.

  Fixed ammunition: Any ammunition composed of a projectile or projectiles, a casing, an explosive charge and a primer, all of which shall be contained as one (1) unit. Cartridges designed, made and intended to be used exclusively (i) in a device for signaling and safety purposes required or recommended by the United States Coast Guard or (ii) for industrial purposes, shall not be considered fixed ammunition. Curios or relics, as defined in regulations promulgated by the United States Secretary of the Treasury pursuant to 18 United States Code, section 921(A)(13), shall not be considered fixed ammunition.

  Fugitive from justice: Any person for whom criminal proceedings have been instituted, warrant issued or indictment presented to the grand jury, who has fled from a sheriff or other peace officer within this state, or who has fled from any state, territory, District of Columbia or possession of the United States, to avoid prosecution for crime of violence or to avoid giving testimony in any criminal proceeding involving a felony or treason.

  Gun or firearm: Any rifle, shotgun, revolver, pistol, ghost gun, undetectable gun, air gun, air rifle or any similar mechanism by whatever name known which is designed to expel a projectile through a gun barrel by the action of any explosive, gas, compressed air, spring or elastic.

  (1)   The term “antique firearm” means (a) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and (b) any replica of any firearm described in subparagraph (a) if such replica (i) is not designed or redesigned or using rimfire or conventional centerfire fixed ammunition, or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

  (2)   “Ghost gun” means a firearm, including an unfinished frame or receiver, that:

    (A)   lacks a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker or importer in accordance with federal law; and

    (B)   lacks markings and is not registered with the Secretary of the State Police in accordance with Section 5-703(b)(2)(ii) of the Public Safety Article of the Maryland Code.

    “Ghost gun” does not include a firearm that has been rendered permanently inoperable, or a firearm that is not required to have a serial number in accordance with the Federal Gun Control Act of 1968.

  (3)   “Handgun” means any pistol, revolver or other firearm capable of being concealed on the person, including a short-barreled shotgun and a short-barreled rifle as these terms are defined below.  “Handgun” does not include a shotgun, rifle, or antique firearm.

  (4)   “Rifle” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

  (5)   The term “short-barreled rifle” means a rifle having one (1) or more barrels less than sixteen (16) inches in length and any weapon made from a rifle (whether by alternation, modification or otherwise) if such weapon, as modified, has an overall length of less than twenty-six (26) inches.

  (6)   The term “short-barreled shotgun” means a shotgun having one (1) or more barrels less than eighteen (18) inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such weapon as modified has an overall length of less than twenty-six (26) inches.

  (7)   “Shotgun” means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

  (8)   “Undetectable gun” means:

    (A)   a firearm that, after the removal of all its parts other than a major component, is not detectable by walk-through metal detectors commonly used at airports or other public buildings;

    (B)   a major component that, if subjected to inspection by the types of detection devices commonly used at airports or other public buildings for security screening, would not generate an image that accurately depicts the shape of the component; or

    (C)   a firearm manufactured wholly of plastic, fiberglass, or through a 3D printing process.

  (9)   “Unfinished frame or receiver” means a forged, cast, printed, extruded, or machined body or similar article that has reached a stage in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm.

  Gun shop: An establishment where a handgun, rifle, or shotgun, or ammunition or major component of these guns is sold or transferred.  "Gun shop" does not include an area of an establishment that is separated by a secure, physical barrier from all areas where any of these items is located.

  Gun show: Any organized gathering where a gun is displayed for sale.

  Major component means, with respect to a firearm:

  (1)   the slide or cylinder or the frame or receiver; and

  (2)   in the case of a rifle or shotgun, the barrel.

  Minor: An individual younger than 18 years old.

  Pistol or revolver: Any gun with a barrel less than twelve (12) inches in length that uses fixed ammunition.

  Place of public assembly: A “place of public assembly” is:

  (1)   a publicly or privately owned:

    (A)   park;

    (B)   place of worship;

    (C)   school;

    (D)   library;

    (E)   recreational facility;

    (F)   hospital;

    (G)   community health center, including any health care facility or community-based program licensed by the Maryland Department of Health;;

    (H)   long-term facility, including any licensed nursing home, group home, or care home;

    (I)   multipurpose exhibition facility, such as a fairgrounds or conference center; or

    (J)   childcare facility;

  (2)   government building, including any place owned by or under the control of the County;

  (3)   polling place;

  (4)   courthouse;

  (5)   legislative assembly; or

  (6)   a gathering of individuals to collectively express their constitutional right to protest or assemble.

  A “place of public assembly” includes all property associated with the place, such as a parking lot or grounds of a building.

  Record plat means a subdivision plat recorded in the County’s land records.

  Sell or purchase: Such terms and the various derivatives of such words shall be construed to include letting on hire, giving, lending, borrowing or otherwise transferring.

  Sporting use: "Sporting use" of a firearm and ammunition means hunting or target shooting in compliance with all federal, State, and local laws.  Sporting use includes:

  (a)   participation in a managed hunt sponsored by a government agency; and

  (b)   the sale or other transfer of ammunition by a sporting club for immediate, on-site use at the club.

  Tax assessment record means the information maintained by the State Department of Assessments and Taxation in its Real Property Database on each parcel of real property located in the County, including the tax map for each parcel.

  Urban area: That part of the County within the following boundaries:  Beginning at a point where the Maryland/District of Columbia boundary line in the County intersects with the Maryland/Virginia boundary line on the southwest side of the Potomac River; running then northwest along the Maryland/Virginia boundary line to the emptying of Watts Branch into the Potomac River; then northwest along the northeast side of the Potomac River to the emptying of Seneca Creek into the Potomac River; then north along Seneca Creek to Route 112 (Seneca Road); then east along Route 112 to Route 28 (Darnestown Road); then northwest along Route 28 to Route 118 (Darnestown-Germantown Road); then north along Route 118 to Route 117 (Clopper Road); then northwest along Route 117 to Little Seneca Creek; then northeast along Little Seneca Creek to Black Hill Regional Park; then along the eastern boundary of Black Hill Regional Park to the Park’s southernmost intersection with I-270; then northwest along I-270 to Little Seneca Creek; then north along Little Seneca Creek to West Old Baltimore Road; then east along West Old Baltimore Road to Route 355 (Frederick Road); then south along Route 355 to Brink Road; then southeast on Brink Road to the Town of Laytonsville; then along the northern boundary of the Town of Laytonsville to Route 420 (Sundown Road); then east along Route 420 to Route 650 (Damascus Road); then southeast along Route 650 to Route 97 (Georgia Avenue); then south along Route 97 to Brighton Dam Road; then northeast along Brighton Dam Road to Route 650 (New Hampshire Avenue); then south along Route 650 to Route 108; then east along Route 108 to the Potomac Electric Power Company transmission line property; then southeast along the east side of the Potomac Electric Power Company right-of-way to Batson Road; then following along the southern boundary of the Washington Suburban Sanitary Commission property to Kruhm Road; then southeast along Kruhm Road to the Potomac Electric Power Company right-of-way; then southeast along the east side of the Potomac Electric Power Company right-of-way to Route 198; then east along Route 198 to the Prince George’s County/Montgomery County boundary line; then southwest along the Montgomery County/Prince George’s County boundary line to the Montgomery County/District of Columbia boundary line; then along the Montgomery County/District of Columbia boundary line to the beginning point.

  Vehicle: Any motor vehicle, as defined in the Transportation Article of the Annotated Code of Maryland, trains, aircraft and vessels.

**Sec. 57-2. Firearm Safety Committee.**

  (a)   There is a Firearm Safety Committee with 7 voting members appointed by the County Executive and confirmed by the County Council. The voting members should be trained and experienced in the safe and sportsmanlike use of weapons.  The Executive must designate one voting member to serve as Chair. The Police Range Officer must serve as a non-voting member of the Committee.

  (b)   The Committee issues indoor and outdoor target, trap, skeet,  and shooting  range approval certificates. The Committee may specify the type of gun and ammunition  that may be used on  the range. An approval certificate is valid for 3 years. Before issuing a certificate, the Committee must find that:

    (1)   the discharge of guns on the range will not jeopardize life or property; and

    (2)   the applicant for the certificate is the owner, lessee, or person lawfully in possession of the land where the range is located.

  (c)   The Committee must inspect any firing range operated by the Police Department every 3 years.

  (d)   The Committee must create a standard safety checklist to assure that all firing ranges are evaluated using the same criteria.

  (e)   The Committee must keep a copy of each certificate.

**Sec. 57-3. Change in urban area boundary.**

  On February 1 each year, the County Executive, after consulting with the Firearm Safety Committee, may recommend to the County Council any appropriate change in the boundary of the urban area based on new development or reported incidents of weapons discharged near developed areas. In addition, the County Executive, without consultation, may recommend any amendment to the boundary of the urban area at any other time.

**Sec. 57-4. Discharge of guns in the urban area.**

  (a)   Prohibition.  Except as provided in subsection (b), a person, other than a peace officer or employee of the Maryland Department of Natural Resources performing official duties, must not discharge a gun within the urban area.

  (b)   Exceptions.  Except as provided in Sections 57-7 and 57-11, a person may discharge a gun:

    (1)   on any indoor or outdoor target, trap, skeet, or shooting range that the Firearms Safety Committee has inspected and approved in writing;

    (2)   in a private basement or cellar target range;

    (3)   when necessary to protect life or property;

    (4)   to kill a dangerous animal;

    (5)   for discharge of blank cartridges in musical and theatrical performances, parades, or sporting events;

    (6)   for salutes by firing squads at military funerals;

    (7)   if approved by the Chief of Police, under a deer damage control permit issued by the Maryland Department of Natural Resources;

    (8)   for the purpose of deer hunting on private property that is at least 50 acres in size if:

      (A)   the person discharges the gun from an elevated position;

      (B)   the person does not load the gun until the person is located in the elevated position;

      (C)   the person unloads the gun before descending from the elevated position;

      (D)   the projectile has a downward trajectory;

      (E)   the property owner complies with any public notice requirements in applicable regulations; and

      (F)   the property owner gives written notice to the Chief of Police at least 15 days before any gun is discharged on the property which:

        1.   identifies the day or days on which deer hunting will occur;

        2.   identifies the time that deer hunting will begin and end each day;

        3.   lists the name of each individual who will participate in deer hunting; and

        4.   includes a copy of the record plat or tax assessment record for the property; or

    (9)   on property owned by the Maryland-National Capital Park and Planning Commission as a part of a deer management program conducted or sanctioned by the Commission that complies with safety requirements approved by the Chief of Police.

  (c)   50-acre threshold.

    (1)   Subject to the requirements of paragraph (2), up to 5 owners of contiguous parcels of property may aggregate their property to meet the 50-acre threshold in subsection (b)(8).

    (2)   If property owners aggregate their parcels to achieve the 50-acre threshold in subsection (b)(8), a person may discharge a gun for the purpose of deer hunting on the aggregated property if the person obtains written permission from each property owner, which must include a copy of the record plat or tax assessment record for each parcel in the aggregated property.

  (d)   A person who discharges a gun under the authority granted in subsection (b)(7), (b)(8), or (b)(9) is subject to the restrictions imposed by Section 57-5(a) on the discharge of a gun outside the urban area.

  (e)   Regulations. The County Executive must adopt regulations under method (2) which:

    (1)   establish procedures and criteria that the Chief of Police must use to decide whether it is safe to discharge a gun under the circumstances specified in subsection (b)(7); and

    (2)   to implement subsection (b)(8):

      (A)   require signs to be posted along the perimeter of each applicable property at least 15 days before any gun is discharged on the property;

      (B)   specify the size, wording, and location of each sign; and

      (C)   identify a method to determine the number of signs that must be posted.

**Sec. 57-5. Discharge of guns outside the urban area.**

  (a)    Prohibition.  Except as provided in subsection (c)(1) through (c)(6), outside the urban area, a person, other than a peace officer or employee of the Maryland Department of Natural Resources performing official duties, must not:

    (1)   discharge a gun:

      (A)   onto, across, or within 50 yards of a public  road;

      (B)   onto or across property located within 50 yards of a public road;

      (C)   into or within the safety zone (150 yards of a building or camp designed for human occupancy)  without the owner or occupant's written consent; or

      (C)   from, onto, or across public or private property without the owner or occupant's written consent;

    (2)   discharge a full metal jacketed bullet of any caliber from a gun; or

    (3)   except as provided in subsection (b), discharge any fixed ammunition of a caliber higher than .25 caliber from a rifle or pistol.

  (b)   Exception - High Caliber Ammunition.  A person may discharge fixed ammunition of a caliber higher than .25 from a rifle or pistol at:

      (A)   legal game or varmints on the ground; or

      (B)   a target on or near the ground that will not deflect a bullet.

  (c)   Other Exceptions.  Except as provided in Sections 57-7 and 57-11, a person may discharge a gun:

    (1)   on any indoor or outdoor target, trap, skeet, or shooting range that the Firearm Safety Committee has inspected and approved in writing;

    (2)   in a private basement or cellar target range;

    (3)   when necessary to protect life or property;

    (4)   to kill a dangerous animal;

    (5)   for discharge of blank cartridges in musical and theatrical performances, parades, or sporting events;

    (6)   for salutes by firing squads at military funerals; or

    (7)   under a deer damage control permit issued by the Maryland Department of Natural Resources.

**Sec. 57-6. Discharge of bows.**

  (a)    Prohibition.  A person must not discharge a bow in the County:

    (1)   from, onto, or across a public road;

    (2)   in violation of the archery hunting safety zone established in Md. Code, Natural Resources, §10-410, as amended, surrounding a building or camp designed for human occupancy without the owner or occupant’s written consent; or

    (3)   from, onto, or across public or private property without the owner or occupant's written consent;

  (b)    Exception.  Subsection (a) does not apply to target archery practiced in compliance with safety guidelines established in regulations adopted under method (2).

  (c)   A bow hunter must report the failure to recover a wounded deer to the County Police at the end of an unsuccessful search for the animal.

**Sec. 57-7. Access to guns by minors.**

  (a)   A person must not give, sell, rent, lend, or otherwise transfer any rifle or shotgun or any ammunition or major component for these guns in the County to a minor.  This subsection does not apply when the transferor is at least 18 years old and is the  parent, guardian, or instructor of the minor, or in connection with a regularly conducted or supervised program of marksmanship or marksmanship training.

  (b)   An owner, employee, or agent of a gun shop must not allow a minor to, and a minor must not, enter the gun shop unless the minor is accompanied by a parent or other legal guardian at all times when the minor is in the gun shop.

  (c)   A person must not give, sell, rent, lend, or otherwise transfer to a minor:

    (1)   a ghost gun or major component of a ghost gun;

    (2)   an undetectable gun or major component of an undetectable gun; or

    (3)   a computer code or program to make a gun through a 3D printing process.

  (d)   A person must not purchase, sell, transfer, possess, or transport a ghost gun, including a gun created through a 3D printing process, in the presence of a minor.

  (e)   A person must not store or leave a ghost gun, an undetectable gun, or a major component of a ghost gun or an undetectable gun, in a location that the person knows or should know is accessible to a minor.

  (f)   This section must be construed as broadly as possible within the limits of State law to protect minors.

**Sec. 57-8. Child safety handgun devices and handguns.**

  (a)   Findings.  The unintentional discharge of handguns often causes accidental death or injury to children.  Additional safeguards are needed to protect children from injury or death from the unintentional discharge of loaded and unlocked handguns.  Requiring a firearm dealer who transfers a handgun to provide a child safety handgun device when a handgun is transferred can prevent unintentional injuries and fatalities to children.

  (b)   Child safety handgun device.

    (1)   A firearm dealer who sells, leases, or otherwise transfers a handgun in the County must provide to the recipient of the handgun a child safety handgun device for the handgun at the time of the transfer.  The dealer may charge for the child safety handgun device.

    (2)   A person who purchases or otherwise receives a handgun from a firearm dealer (or any transferor who would be a firearm dealer if the transfer occurred in the State) after October 8, 1997 must obtain a child safety handgun device for the handgun:

      (A)   at the time of a transfer in the County; or

      (B)   before entering the County with the handgun if the transfer occurred outside the County and the transferee resides in the County.

  (c)   Notices.

    (1)   A firearm dealer who sells, leases, or otherwise transfers a handgun must post conspicuously in the dealer’s place of business a notice of:

      (A)   the requirement in subsection (b) for a child safety handgun device; and

      (B)   the prohibition in State law of storing or leaving a loaded firearm in a location where an unsupervised child can gain access to the firearm.

    (2)   If the firearm dealer transferring a handgun does not maintain a place of business in a commercial establishment, the dealer must provide the notices required by paragraph (1) in writing when transferring the handgun.

  (d)   Enforcement.  The Department of Health and Human Services and any other department designated by the County Executive enforces this section.

  (f)   Regulations.  The Executive may adopt regulations under method (2) to implement this Section.

**Sec. 57-9. Unlawful ownership or possession of firearms.**

  A person must not possess, exercise control over, use, carry, transport, or keep a rifle, shotgun, or pistol, if the person:

  (a)   is an unlawful user of , addicted to, or is under treatment for an addiction to, marijuana or any depressant or stimulant drug or narcotic drug (as defined in Maryland Criminal Law Code Annotated, sections 1-101, 5-101, 5-401, 5-404, and 5-604); or

  (b)   has been convicted in any court of a crime of violence, trafficking in narcotics, a criminal violation of any of the provisions of Maryland Public Safety Code Annotated, sections 5-101 to 5-138, 5-142, or any federal firearms control law; or

  (c)   is a fugitive from justice; or

  (d)   has been confined to any hospital or institution for treatment of a mental disorder or for mental illness unless a licensed physician has by affidavit stated that the physician is familiar with the person's history of mental illness and that in the physician's opinion the person is not disabled by such illness in a manner which should prevent the person from possessing a rifle or a shotgun; or

  (e)   has been confined to any hospital or institution for treatment of alcoholism unless a licensed physician has by affidavit stated that the physician is familiar with the person's history of alcoholism and that, in the physician's opinion, the person is no longer suffering from a disability in such a manner which should prevent the person from possessing a rifle or shotgun.

**Sec. 57-10. Keeping guns on person or in vehicles.**

  It shall be unlawful for any person to have upon his person, concealed or exposed, or in a motor vehicle where it is readily available for use, any gun designed to use explosive ammunition unless:

  (a)   Lawful mission. Such person is then engaged upon a lawful mission for which it is necessary to carry a gun upon his person; or

  (b)   Special guard, special police, etc. Such person is employed as a special guard, special police officer or special detective and has been lawfully deputized by the sheriff for the county, or has been appointed a constable in the county, or has been licensed under the laws of the state, should such a law be enacted, to carry such gun and then is on or in the immediate vicinity of the premises of any employer whose occupation lawfully requires the employment of a person carrying a gun while in the discharge of the duties of such employment; or

  (c)   Military service. Such person is then lawfully engaged in military service or as a duly authorized peace officer; or

  (d)   Hunting, target practice, etc. Such person is engaged in lawful hunting, drill, training or target practice on property of which he is the owner or lessee or on property with the prior permission of the owner or lessee thereof; or

  (e)   Going to or returning from hunting, target practice, etc. Such person is engaged in going to or from lawful hunting, drill training or target practice, or in delivering such gun to or carrying it from a gunsmith or repairman, or is engaged in any other lawful transfer of possession; provided, that such person shall be on or traveling upon a public highway or property of which he is the owner or lessee or on property with the prior permission of the owner or lessee thereof; provided further, that such gun shall not be loaded with explosive ammunition.

**Sec. 57-11.  Firearms in or near places of public assembly.**

  (a)   In or within 100 yards of a place of public assembly, a person must not:

    (1)   sell, transfer, possess, or transport a ghost gun, undetectable gun, handgun, rifle, or shotgun, or ammunition or major component for these firearms; or

    (2)   sell, transfer, possess, or transport a firearm created through a 3D printing process..

  (b)   This section does not:

    (1)   prohibit the teaching of firearms safety or other educational or sporting use in the areas described in subsection (a);

    (2)   apply to a law enforcement officer, or a security guard licensed to carry the firearm;

    (3)   apply to the possession of a firearm or ammunition, other than a ghost gun or an undetectable gun, in the person’s own home;

    (4)   apply to the possession of one firearm, and ammunition for the firearm, at a business by either the owner who has a permit to carry the firearm, or one authorized employee of the business who has a permit to carry the firearm; or

    (5)   apply to separate ammunition or an unloaded firearm:

      (A)   transported in an enclosed case or in a locked firearms rack on a motor vehicle, unless the firearm is a ghost gun or an undetectable gun; or

      (B)   being surrendered in connection with a gun turn-in or similar program approved by a law enforcement agency.

  (c)   This section does not prohibit a gun show at a multipurpose exhibition facility if:

    (1)   the facility’s intended and actual primary use is firearms sports (hunting or target, trap, or skeet shooting) or education (firearms training); or

    (2)   no person who owns or operates the facility or promotes or sponsors the gun show received financial or in-kind support from the County (as defined in Section 57-13(a)) during the preceding 5 years, or after December 1, 2001, whichever is shorter; and

      (A)   no other public activity is allowed at the place of public assembly during the gun show; and

      (B)   if a minor may attend the gun show:

        (i)   the promoter or sponsor of the gun show provides to the Chief of Police, at least 30 days before the show:

          (a)   photographic identification, fingerprints, and any other information the Police Chief requires to conduct a background check of each individual who is or works for any promoter or sponsor of the show and will attend the show; and

          (b)   evidence that the applicant will provide adequate professional security personnel and any other safety measure required by the Police Chief, and will comply with this Chapter; and

        (ii)   the Police Chief does not prohibit the gun show before the gun show is scheduled to begin because:

          (a)   the promoter or sponsor has not met the requirements of clause (i); or

          (b)   the Police Chief has determined that an individual described in clause (i)(a) is not a responsible individual.

  (d)   Notwithstanding subsection (a), a gun shop owned and operated by a firearms dealer licensed under Maryland or federal law on January 1, 1997, may conduct regular, continuous operations after that date in the same permanent location under the same ownership if the gun shop:

    (1)   does not expand its inventory (the number of guns or rounds of ammunition displayed or stored at the gun shop at one time) or square footage by more than 10 percent, or expand the type of guns (handgun, rifle, or shotgun) or ammunition offered for sale since January 1, 1997;

    (2)   has secure locks on all doors and windows;

    (3)   physically secures all ammunition and each firearm in the gun shop (such as in a locked box or case, in a locked rack, or with a trigger lock);

    (4)   has adequate security lighting;

    (5)   has a functioning alarm system connected to a central station that notifies the police; and

    (6)   has liability insurance coverage of at least $1,000,000.

**Sec. 57-11A. Firearms and Ammunition – Suicide Prevention Literature.**

  (a)   The Department of Health and Human Services must prepare, and must distribute to each gun shop in the County, literature regarding:

    (1)   gun and firearm safety;

    (2)   gun and firearm training;

    (3)   suicide prevention;

    (4)   mental health; and

    (5)   conflict resolution.

  (b)   A gun shop must make conspicuous and available, and must provide to each person who enters the shop, the literature prepared under subsection (a).

  (c)   An authorized representative of the Department of Health and Human Services may issue a civil citation to an owner of a gun shop for a violation of subsection (b).

  (d)   Penalties.

    (1)   A failure to display or distribute literature under subsection (b) is a Class A violation under Section 1-19.

    (2)   Each failure to distribute literature under subsection (b) is a separate violation.

    (3)   Each day of a failure to display literature under subsection (b) is a separate violation.

**Sec. 57-12. Sale of fixed ammunition.**

  (a)   Legislative intent. The purpose of this section is to provide support to state and local law enforcement officials in their efforts against crime and violence by placing controls on the flow of dangerous ammunition, in addition to those provided by federal law, and to encourage compliance with the state police department's program of voluntary firearm registration. It is not the purpose of this section to place any undue or unnecessary restrictions or burdens on law-abiding citizens with respect to the acquisition, possession, or use of firearms appropriate to the purpose of hunting, trapshooting, target shooting, personal protection, or any other lawful activity, or to discourage or eliminate the private ownership or use of firearms by law-abiding citizens for lawful purposes. It is not the purpose of this section to create, nor does it permit the creation of, any separate system of county registration of firearms or ammunition, or the levying of any county fee in connection with any registration of firearms or ammunition. It is specifically not the intent of this section to serve as a revenue generating measure.

  (b)   Registration of ammunition dealers. Any ammunition dealer (as defined in 18 United States Code, section 921 et seq.) who conducts business in Montgomery County is required to register with the Montgomery County department of police by maintaining on file with that department, at all times, a valid, current copy of his federal ammunition dealer's license.

  (c)   Conditions for sale. No ammunition dealer may sell fixed ammunition to any other person, unless:

    (1)   The sale is made in person;

    (2)   The purchaser exhibits, at the time of sale, a valid registration certificate or, in the case of a nonresident, proof that the firearm is lawfully possessed in the jurisdiction where the purchaser resides;

    (3)   The fixed ammunition to be sold is of the same caliber or gauge as the firearm described in the registration certificate, or other proof in the case of a nonresident; and

    (4)   The purchaser signs a receipt for the ammunition which shall be maintained by the licensed dealer for a period of one (1) year from the date of sale.

  (d)   Exceptions. The provisions of this section shall not apply to the sale of fixed ammunition:

    (1)   Which is suitable for use only in rifles or shotguns generally available in commerce, or to the sale of component parts of these types of ammunition;

    (2)   To any person licensed to possess fixed ammunition under an act of Congress and the law of the jurisdiction where the person resides or conducts business; or

    (3)   To any law enforcement officer of federal, state, local or any other governmental entity, if the officer has in his possession a statement from the head of his agency stating that the fixed ammunition is to be used in the officer's official duties.

  (e)   Penalties. Any ammunition dealer who sells fixed ammunition in violation of the provisions of this section shall be guilty of a class C violation, pursuant to section 1-19 of the Montgomery County Code, punishable only by a civil penalty in the amount of fifteen dollars ($15.00).

  (f)   Exception for incorporated municipalities. This section shall not be effective in any incorporated municipality which by law has authority to enact a law on the same subject. If any such incorporated municipality adopts this section and requests the county to enforce the adopted provisions thereof within its corporate limits, the county may thereafter administer and enforce the same within the incorporated municipality. The county executive is authorized to enter into agreements with incorporated municipalities to enforce and administer the provisions so adopted and to collect the administrative costs of implementation from such municipalities.

**Sec. 57-13. Use of public funds.**

  (a)   The County must not give financial or in-kind support to any organization that allows the display and sale of guns at a facility owned or controlled by the organization.  Financial or in-kind support means any thing of value that is not generally available to similar organizations in the County, such as a grant, special tax treatment, bond authority, free or discounted services, or a capital improvement constructed by the County.

  (b)   An organization referred to in subsection (a) that receives direct financial support from the County must repay the support if the organization allows the display and sale of guns at the organization's facility after receiving the County support.  The repayment must include the actual, original value of the support, plus reasonable interest calculated by a method specified by the Director of Finance.

  (a) Section 57-13 of the County Code, as amended by Section 1 of this Act, applies to:

  (1) support that an organization receives from the County after December 1, 2001; and

  (2) the display of a gun for sale at the facility after December 1, 2001.

  (b) Section 57-13 expires on December 1, 2011.

  Section 57-13 is cited but not interpreted in Frank Krasner Enterprises, Ltd. v. Montgomery County, 401 F.3d 230 (4th Cir. 2005) because appellants lacked standing.

**Sec. 57-14. Exemptions from Chapter.**

  Nothing in this Chapter applies to the purchase, ownership, or possession of a bona fide antique gun that is incapable of use as a gun.  Except as provided in Sections 57-7 and 57-11, nothing in this Chapter prohibits the owner or tenant of any land from carrying or discharging a gun on that land for the purpose of killing predatory animals which prey on livestock.

**Sec. 57-15. Penalty.**

  Any  violation of this Chapter or a condition of an approval certificate issued under this Chapter is a Class A violation to which the maximum penalties for a Class A violation apply. Any violation of Section 57-8 is a Class A civil violation.

**Sec. 57-16. Reporting requirement.**

  (a)   The County Police Department must submit a report annually to the County Executive and the County Council regarding the availability and use of ghost guns and undetectable guns in the County.

  (b)   The report must include the number of ghost guns and undetectable guns recovered by the Department during the prior year.

  (c)   Each report must be available to the public on the Police Department’s website.

# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 58. VEGETATION.

### Article I. Weeds and Invasive Plants.

**Sec. 58-1. Definitions.**

  In this Chapter, these words have the following meanings:

  Director means the Director of the Department of Housing and Community Affairs.

  Native plants and grasses means vegetation that is native to the Mid-Atlantic region, which includes Maryland, Virginia, Delaware, New Jersey, New York, Pennsylvania, North Carolina, West Virginia, and the District of Columbia.

  Subdivision means any land which is on a subdivision plat approved under Section 50-8. A copy of the subdivision plat is prima facie evidence that the land on the plat is in a subdivision.

  Weed means poison ivy; ragweed; kudzu; Canada, musk, nodding, plumeless, and bull thistles; Johnsongrass; Palmer amaranth; shattercane; tall waterhemp; and any weed or plant identified by the Secretary of the Maryland Department of Agriculture by regulation as a noxious weed in the State.

**Sec. 58-2. Regulations.**

  The County Executive may adopt regulations under Method (2) to administer this chapter.

**Sec. 58-3. Duty of landowners and persons in charge of land.**

  An owner, lessee, agent, and any other person in charge of land in a subdivision or within 100 feet of a subdivision must not allow:

  (a)   the generalized growth of any weed; and

  (b)   any generalized plant growth more than 12 inches high within 15 feet of any property boundary. Generalized plant growth does not include trees, ornamental shrubs, flowers, native plants and grasses, or garden vegetables.

**Sec. 58-4. Notice.**

  (a)   If the owner, lessee, agent, or person in charge fails to comply with Section 58-3, the Director may:

    (1)   notify the owner in writing of the violating conditions existing on the land and the requirements of this chapter; and

    (2)   direct the owner to comply with Section 58-3 within 10 days after receiving the notice.

  (b)   The notice may be personally served or may be mailed to the address of the owner shown on the assessment records of the County.

  (c)   If the Director finds that immediate action is needed to protect the public health and safety as a result of a violation, the Director may order the owner to immediately correct or abate the violation.

**Sec. 58-5. Removal by County.**

  (a)   If the owner to whom a notice issued under Section 58-4 is directed does not comply by the deadline set forth in the notice, the County may:

    (1)   Remove any generalized growth of weeds; or

    (2)   Cut any generalized plant growth within 15 feet of the boundary of the land.

  (b)   If the County removes any generalized growth of weeds or cuts any generalized plant growth, the landowner must pay the reasonable cost. The County may collect the cost:

    (1)   As a lien against the land on the property tax bill; or

    (2)   In any other way legally available for collection of debts owed the County.

**Sec. 58-6. Reserved.**

  Sec. 2. Transition.  This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

  Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

**Sec. 58-7. Penalty for violation of chapter.**

  Any violation of this Chapter is a Class B violation.

### Article Ii. Invasive Bamboo.

**Sec. 58-8. Definitions.**

  As used in this Article the following terms have the stated meaning:

  Invasive bamboo means a woody grass in the Poaceae family commonly referred to as bamboo, including bamboo species in the Phyllostachys, Pseudosasa, Bambusa, and Pleioblastus genera, which can spread through runners and are not native to the Mid-Atlantic region.

  Mid-Atlantic Region means Maryland, Virginia, Delaware, New Jersey, New York, Pennsylvania, North Carolina, West Virginia, and the District of Columbia.

  Property owner means any person or entity:

  (a)   holding title to property; or

  (b)   any lessee, tenant, or occupant having care, custody, control, or management of any property.

**Sec. 58-9. Regulation of invasive bamboo.**

  (a)   A person or entity in the County must not sell or offer for sale invasive bamboo. The sale of invasive bamboo does not include indoor bamboo houseplants and decoration, bamboo for consumption, and cut and dried bamboo stalks.

  (b)   A person may not plant or transplant invasive bamboo on any property in the County.

**Sec. 58-10. Reporting, inspection, and notices of violation.**

  (a)   Complaints about the sale of invasive bamboo may be reported to the Director of the Department of Environmental Protection.

  (b)   The Director of the Department of Environmental Protection may conduct any necessary inspections and issue a notice of violation to the property owner.

# Part III. Special Taxing Area Laws.

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 61. Battery Park.

**Sec. 61-1. Area defined; annual levy; purposes for which proceeds to be spent, etc.**

  The council, at the time of the annual tax levy, is hereby authorized and empowered to make special annual levy of such amount as may be necessary to produce the estimated annual budget of expenses of the Battery Park Citizens' Association, Incorporated, a corporation organized under the laws of the state whose membership is limited to residents of the areas hereinafter defined, and not to exceed fifteen cents ($0.15) on each one hundred dollars ($100.00) of the whole assessable property situate in the subdivision of Battery Park, Section One, as recorded in Plat Book No. 1, Plat No. 245, and in Battery Park, Section Two, as recorded in Plat Book No. 3, Plat No. 260, and in Battery Park, Section Three, as recorded in Plat Book No. 3, Plat No. 261, all of such plat books and plats being a part of the land records of the county, to be collected as other county taxes in the county are collected, and the special annual levy so collected shall be paid over by the director of finance to the treasurer of the Battery Park Citizens' Association, Incorporated, to be used by such association exclusively for the acquisition, maintenance, operation and development of the Battery Park Community House and grounds; provided, that thirty (30) days prior to each annual levy by the council, the treasurer of the Battery Park Citizens' Association, Incorporated, shall submit to the council in writing a certified copy of the annual budget duly adopted at a legal meeting called for the stated purpose by the association.

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 62. SILVER SPRING BUSINESS IMPROVEMENT DISTRICT.

**Sec. 62-1. Definitions.**

  As used in this Chapter:

  Board means the board of directors of the Silver Spring Business Improvement District corporation.

  Commercial tenant means a lessee or other lawful occupant, other than the owner, of nonexempt property within the District.

  Condominium means property subject to a condominium regime as stated in §11-101 of the Real Property Article of the Annotated Code of Maryland.

  Cooperative housing corporation means a corporation where each stockholder or member, by virtue of such ownership or membership, has a cooperative interest in the corporation as defined in §5-6B-01 of the Corporations and Associations Article of the Annotated Code of Maryland.

  Department means the Department of Transportation or another County department or office designated by the Executive to perform functions under this Chapter.

  District means the Silver Spring Business Improvement District established under this Chapter and covering the geographic area of the County described in Section 62-2.

  District corporation means the Downtown Silver Spring Business Improvement District, Inc. which was formed to operate the Silver Spring Business Improvement District in accordance with this Chapter.

  Homeowners association means an incorporated or unincorporated association with the authority to enforce the provisions of a declaration imposing a mandatory fee for the benefit of some or all of the lots in a development as defined in §11B-101 of the Real Property Article.

  Members of the district means the owners of nonexempt property in the District.

  Nonexempt property means all real property in the District that is not exempt from paying real property taxes except a:

    (1)   condominium unit or cooperative housing corporation unit that exists on or before the date this law takes effect;

    (2)   homeowner’s association; and

    (3)   residential property with fewer than 4 dwelling units.

**Sec. 62-2. Silver Spring Business Improvement District – Established.**

  (a)   Findings. The Council, after receiving an application to establish a district corporation and conducting a public hearing on the application, as required by §§12-608 and 12-609 of the Economic Development Article of the Annotated Code of Maryland, finds that a business improvement district would promote the general welfare of the residents, employers, employees, property owners, commercial tenants, consumers and the general public within the downtown area of Silver Spring.

  (b)   Established. The Silver Spring Business Improvement District is established pursuant to §§12-601 to 12-612 of the Economic Development Article of the Annotated Code of Maryland.

  (c)   Boundary. The Silver Spring Business Improvement District includes all land in the thirteenth election district of the County within the area described as follows:

    (1)   Beginning at a point on the Maryland-District of Columbia boundary line at the intersection of the west right-of-way of Georgia Avenue with the Maryland-District of Columbia boundary line, and running in a northwesterly direction along the Maryland-District of Columbia boundary line, and crossing Sixteenth Street along an extension of that boundary line to its intersection with the west right-of-way line of Sixteenth Street;

    (2)   Then in a northerly direction along the west right-of-way line of Sixteenth Street, crossing East-West Highway to its intersection with a southwesterly extension of the northerly right-of-way line of Spring Street;

    (3)   Then in a northeasterly direction along that extension crossing Sixteenth Street to its intersection with the east right-of-way line of Sixteenth Street;

    (4)   Then in a northeasterly direction along the northern right-of-way line of Spring Street, crossing Second Avenue, First Avenue, Georgia Avenue, and Alton Parkway, then southeasterly to its intersection with the northwest right-of-way line of Fairview Road;

    (5)   Then in a northeasterly direction approximately 390 feet along the northwest right-of-way line of Fairview Road to its intersection with the westward extension of the southwest line of Lots 1 and 2, Block B, Section 4, Woodside Park, as recorded January 30, 1923, in Plat Book 3, Plat 244, among the land records of Montgomery County, Maryland;

    (6)   Then crossing Fairview Road in a southeasterly direction along the southwest line of Lots 1 and 2, Block B, Section 4, Woodside Park, to its intersection with the southwest right-of-way line of Noyes Drive;

    (7)   Then in a southeasterly direction along the southwest right-of-way line of Noyes Drive to its intersection with the northwest right-of-way line of Colesville Road;

    (8)   Then crossing Colesville Road in a southeasterly direction to the intersection of the southeast right-of-way line of Colesville Road and the southwest line of the Silver Spring Public Library site, Parcel No. P959;

    (9)   Then along that line to the southeast right-of-way line of Ellsworth Drive;

    (10)   Then in a southwesterly direction along the southeast right-of-way line of Ellsworth Drive to its intersection with the common line of the Academy of the Holy Names site and the northeast line of Evanswood Sec. 1 Subdivision, also shown as the common lot line of Lot 9 and Lot 10, Evanswood Section One, as recorded March 2, 1932, in Plat Book 5, Plat 439 among the land records of Montgomery County, Maryland;

    (11)   Then in a southeasterly direction along the northeast lot lines of Lots 1 through 9 as shown in Plat Book 5, Plat 439, recorded March 2, 1932, among the land records of Montgomery County, Maryland, crossing Pershing Drive along an extension of that line to its intersection with the southeast right-of-way line of Pershing Drive;

    (12)   Then in a southwesterly direction along the southeast right-of-way line of Cedar Street;

    (13)   Then in a southeasterly direction along the northeast right-of-way line of Cedar Street, crossing Wayne Avenue, to its intersection with the southeast right-of-way line of Wayne Avenue;

    (14)   Then in a southwesterly direction along the southeast right-of-way line of Wayne Avenue for approximately 750 feet, to its intersection with the east lot line of Lot 24, Block 4, in Jordan’s and Smith’s Addition to Silver Spring Park, as recorded June 2, 1925, in Plat Book 4, Plat 301, among the land records of Montgomery County, Maryland;

    (15)   Then in a southeasterly direction along the east line of Lot 24 to the southeast corner of Lot 24;

    (16)   Then in a southwesterly direction approximately 15 feet to the northeast corner of Lot 14, Block 4, Jordan’s and Smith’s Addition to Silver Spring Park, as shown in Plat Book 4, Plat 301, recorded June 2, 1925, among the land records of Montgomery County, Maryland;

    (17)   Then in a southeasterly direction along the east line of Lot 14, as shown in Plat Book 4, Plat 301, recorded June 2, 1925, among the land records of Montgomery County, Maryland, to the northwest right-of-way line of Bonifant Street;

    (18)   Then in a southerly direction crossing Bonifant Street to the intersection of the southeastern right-of-way line of Bonifant Street and the northeast corner of Lot 5, Block U, Silver Spring Park, as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland, which is also the same as the northeast corner of Montgomery County Public Parking Facility 29;

    (19)   Then in a southerly direction along the common lot line, which is the east line of Lot 5 and the west line of Lot 6 as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland, crossing Easley Street along the southern extension of that line to its intersection with the south right-of-way line of Easley Street;

    (20)   Then in a westerly direction along the south right-of-way line of Easley Street approximately 50 feet to its intersection with the common lot line, which is the west line of Lot 7 and the east lot line of Lot 28, Block P, Silver Spring Park, as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland;

    (21)   Then in a southerly direction along the common line of Lot 7 and Lot 28, Block P and the common line of Lot 18 and Lot 19, Block P, Silver Spring Park, as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland, crossing Thayer Avenue to the intersection of the south right-of-way line of Thayer Avenue and the common lot line which is the east lot line of Lot 5 and the west lot line of Lot 6, Block G, as shown on a “Map of Building Sites for Sale at Silver Spring,” as recorded May 23, 1904, in Plat Book 1, Plat 54, among the land records of Montgomery County, Maryland;

    (22)   Then in a southerly direction along the common lot line of Lot 5 and Lot 6, Block G, and with an extension of that line to the south right-of-way line of a 20-foot alley dividing Block G and Block H, as shown on the “Map of Building Sites for Sale at Silver Spring;”

    (23)   Then in a westerly direction approximately 50 feet along the south line of that alley to its intersection with the common lot line, which is the east line of Lot 4 and the west line of Lot 5, Block H, as shown on the “Map of Building Sites for Sale at Silver Spring;”

    (24)   Then in a southerly direction along the common lot line of Lot 4 and Lot 5, Block H, to its intersection with the northern right-of-way line of Silver Spring Avenue;

    (25)   Then crossing Silver Spring Avenue to the intersection of the southern right-of-way line of Silver Spring Avenue and the common lot line, which is the east line of Lot 4 and the west line of Lot 5, Block I, as shown on the “Map of Building Sites for Sale at Silver Spring;”

    (26)   Then in a southerly direction along the common lot line of Lot 4 and Lot 5, Block I, crossing a 20-foot alley dividing Block I and Block J, as shown on the “Map of Building Sites for Sale at Silver Spring,” to its intersection with the south right-of-way line of that alley and the common lot line, which is the east line of Lot 4 and the west line of Lot 5, Block J, as shown on the “Map of Building Sites for Sale at Silver Spring;”

    (27)   Then in a southerly direction along the common lot line of Lot 4 and Lot 5, Block J, to its intersection with the northern right-of-way line of Sligo Avenue;

    (28)   Then along a southern extension of that common lot line of Lot 4 and Lot 5, Block J, to its intersection with the southern right-of-way line of Sligo Avenue;

    (29)   Then in a northwesterly direction along the southern right-of-way line of Sligo Avenue to its intersection with the northeast corner of Lot 19, Block A, shown on a plat of Blair Section 1, recorded June 7, 1922, in Plat Book 3, Plat 229 among the land records of Montgomery County, Maryland;

    (30)   Then in a southerly direction along the east line of Lot 19, Block A, to its intersection with the remainder of Lot 25, Block A, as shown on the plat of Blair Section 1, recorded June 7, 1922, in Plat Book 3, Plat 229, among the land records of Montgomery County, Maryland;

    (31)   Then in an easterly direction approximately 15 feet to its intersection with the northwest corner of Lot 51, Block A, as shown on a plat of Blair Section 1, recorded November 16, 1935, in Plat Book 8, Plat 626, among the land records of Montgomery County, Maryland;

    (32)   Then in a southerly direction along the west line of that Lot 51 to its intersection with the northern right-of-way line of Gist Avenue;

    (33)   Then along a southerly extension of the west line of that Lot 51 to the southern right-of-way line of Gist Avenue;

    (34)   Then in a westerly direction along the southern right-of-way line of Gist Avenue to its intersection with the eastern right-of-way line of Fenton Street;

    (35)   Then in a southerly direction along the eastern right-of-way line of Fenton Street crossing Philadelphia Avenue, Isington Street, and New York Avenue to its intersection with the corporated limit line of the City of Takoma Park;

    (36)   Then in a southwesterly direction with the corporate limit line of the City of Takoma Park crossing the northeast right-of-way line of the B&O Railroad to its intersection with the southwest right-of-way line of the B&O Railroad;

    (37)   Then in a southeasterly direction with the southwest right-of-way line of the B&O Railroad to its intersection with the northeast right-of-way line of Blair Road;

    (38)   Then in a northwesterly direction along the northeast right-of-way line of Blair Road to its intersection with an extension of the southeast line of Parcel One, Yost’s Addition to Silver Spring, as shown in Plat Book 85, Plat 8874, recorded March 13, 1968, among the land records of Montgomery County, Maryland;

    (39)   Then in a southwesterly direction along that line to its intersection with the northeast line of Eastern Avenue, which is also the Maryland-District of Columbia boundary line;

    (40)   Then in a northwesterly direction along the Maryland-District of Columbia boundary line to the point of beginning; and

    (41)   Any lot that is partially within and partially outside of the areas under paragraphs (1) through (40).

**Sec. 62-3. District Corporation.**

  (a)   Establishment. The owners of nonexempt property in the District established a district corporation called the Downtown Silver Spring Business Improvement District, Inc. located at 8757 Georgia Avenue, Silver Spring, MD 20910, and applied to the County to manage the District. The application included:

    (1)   a statement setting forth:

      (A)   the proposed name and address of the district corporation; and

      (B)   the street address of each owner of nonexempt property within the District;

    (2)   a statement expressing the intent to establish a district corporation that is signed by:

      (A)   owners of at least 51% interest in the assessed value of the nonexempt property and, subject to subsection (b) of this section, a designated board member of a condominium or cooperative housing corporation within the proposed district; and

      (B)   owners of at least 51% of the total number of parcels of nonexempt property and, subject to subsection (b) of this section, a designated board member of a condominium or cooperative housing corporation within the District;

    (3)   a proposed 3-year business plan that contains:

      (A)   the goals and objectives of the District;

      (B)   the annual proposed business improvement district tax for the proposed district’s common operations and the formula used to determine each member’s district tax; and

      (C)   the maximum amount and the nature of start-up costs incurred before the District’s establishment;

    (4)   a tax assessor’s map of the geographic area of the District;

    (5)   a list of the proposed initial board of the proposed district corporation;

    (6)   the proposed articles of incorporation and the bylaws of the district corporation; and

    (7)   for all nonexempt property within the District:

      (A)   the name and mailing address of each owner; and

      (B)   the most recent assessed value.

  (b)   Condominiums or cooperative housing corporation may petition.

    (1)   Notwithstanding any other provision of this Chapter, subject to paragraph (2) of this subsection, a condominium or cooperative housing corporation that is located in the District may petition to join the district corporation.

    (2)   A condominium or cooperative housing corporation described under paragraph (1) of this subsection may petition to join the District only if:

      (A)   the condominium or cooperative housing corporation is governed by a board;

      (B)   the board votes to join the district corporation; and

      (C)   the board has a representative member of the board sign the appropriate documents required under subsection (b)(2) of this section.

    (3)   For the purposes of the votes cast under subsection (b)(2) of this section:

      (A)   a condominium or cooperative housing corporation shall be considered a single parcel; and

      (B)   the decision reached by the board shall constitute the vote of the condominium or cooperative housing corporation.

**Sec. 62-4. Board of directors.**

  (a)   In general. A board of directors must govern the district corporation.

  (b)   Membership.

    (1)   Subject to paragraph (2) of this subsection, the board of a district corporation consists of nine members, appointed by the members of the District.

    (2)   Appointment procedures.

      (A)   Until the first meeting of the board of directors, the entire board must consist of the 8 directors constituting the initial board of directors, as set forth in the district corporation’s articles of incorporation. Thereafter, the entire board must be comprised of 9 directors. After the initial members, the directors must be elected by the members. At the time of election, the Board must be comprised of:

        (i)   3 representatives of an owner of property in the District assessed at more than $20 million;

        (ii)   2 representatives of an owner of property in the District assessed at $20 million or less;

        (iii)   1 representative of a business employing more than 50 full-time equivalent employees in the District; and

        (iv)   3 representatives of a business employing 50 or less full-time equivalent employees in the District.

The Board must not include both an owner and a tenant of the same property in the District at the same time.

      (B)   The first election of directors by the members must be held within 120 days after the date this law takes effect. Subsequent elections must be held annually as provided in subparagraph C.

      (C)   The board must appoint a nominating committee, which must nominate a slate of candidates for each annual election. Members may nominate additional candidates at the meeting called for the purpose of electing directors. Members and persons other than members are eligible to become directors. Only directors may serve on a committee.

        (i)   Prior to the first election of directors, the nominating committee must nominate three slates of candidates: one slate to serve as the first class of directors for the term of 3 years; one slate to serve as the second class of directors for the term of 2 years and one slate to serve as the third class of directors for the term of 1 year. At the first election of directors, the members must hold a separate election to elect each class of directors.

        (ii)   At each annual election of directors thereafter, the successors to the class of directors whose term expires that year must be elected for the term of 3 years, so that the term of office of one class of directors expires in each year.

        (iii)   For each election of directors, each member may cast no more than their total number of votes for any one candidate. Directors must not be elected through cumulative voting.

        (iv)   Each director elected by the members must serve until his or her successor is elected, or until his or her earlier death, resignation or removal in accordance with the district’s bylaws.

  (c)   Chair; officers. From among its members, the board must elect a chair and other officers.

  (d)   Quorum.

    (1)   A majority of the voting members of the board is a quorum.

    (2)   The board may act on a resolution only by the affirmative vote of a majority of the voting members.

  (e)   Compensation; reimbursement for expenses. A member of the board:

    (1)   must not receive compensation as a member of the board; but

    (2)   may be reimbursed for expenses incurred in performing the member’s duties.

  (f)   Powers. The board must exercise its powers by resolution.

  (g)   Annual report. The board must file an annual report with the Executive and the Council that includes:

    (1)   a financial statement for the preceding year;

    (2)   a proposed operating budget for the current fiscal year;

    (3)   any proposed revisions to the business plan; and

    (4)   a narrative statement or chart showing the results of operations in comparison to stated goals and objectives.

**Sec. 62-5. District corporation net earnings; powers.**

  (a)   Earnings. The net earnings of the district corporation must benefit only the district corporation.

  (b)   Powers.

    (1)   Except as limited by its articles of incorporation, the district corporation has all the powers set forth in §§12-601 to 12-612 of the Economic Development Article of the Annotated Code of Maryland and this Chapter.

    (2)   A district corporation may:

      (A)   receive money from the County, the State, other governmental units, or nonprofit organizations;

      (B)   charge fees for its services;

      (C)   have employees and consultants as it considers necessary; and

      (D)   use the services of other governmental units.

  (c)   Use of powers. A district corporation must operate and exercise its powers solely to accomplish one or more of the legislative purposes of §§12-601 to 12-612 of the Economic Development Article of the Annotated Code of Maryland and this Chapter.

**Sec. 62-6. Funding.**

  (a)   Preliminary business improvement district tax roll. Within 10 days after the effective date of this law, the district corporation must provide the Executive and Council with a preliminary business improvement district tax roll.

  (b)   Imposition of business improvement district tax.

    (1)   The Council must impose a business improvement district tax to provide funds for the operation of the District.

    (2)   The Council must impose on members of the District the district tax at a rate specified by the board and approved by the Council.

    (3)   The tax imposed under this subsection must not count against the limits on the ad valorem weighted tax rate on real property in Section 305 of the County Charter.

  (c)   Collection. The district tax must be collected in the same manner as real property taxes are collected and distributed each quarter to the District.

  (d)   Reimbursement for collection costs. The district corporation must reimburse the County for the costs incurred in collecting the district tax.

  (e)   Miscellaneous Revenue. All other revenues collected by a business improvement district corporation, including charges for services and private contributions, must be used to benefit the district corporation.

**Sec. 62-7. District corporation duties.**

  (a)   In general. The district corporation must provide public services and facilities in the District that are:

    (1)   primarily of benefit to the property and persons within the District rather than to the County as a whole; and

    (2)   in addition to services and facilities that the County provides generally.

  (b)   Services. The district corporation must provide services that include promoting and programming public interest activities that benefit both residential and commercial interests of the District (and which may incidentally benefit neighboring communities).

  (c)   Insurance. The district corporation must secure reasonable and appropriate insurance for its activities

**Sec. 62-8. Expansion of the District.**

  (a)   Expansion by the District. The District may expand the geographic area of the District if:

    (1)   a petition for inclusion is submitted from:

      (A)   owners of at least 51% interest in the assessed value of the nonexempt property and, subject to subsection (b) of this section, a designated board member of a condominium or cooperative housing corporation proposed for inclusion in the district; and

      (B)   owners of at least 51% of the total number of parcels of nonexempt property and, subject to subsection (b) of this section, a designated board member of a condominium or cooperative housing corporation proposed for inclusion in the district;

    (2)   the petition under paragraph (1) of this subsection is accepted by a majority vote of the board of the district corporation; and

    (3)   the appropriate documents, as applicable, are submitted under §12-608 of the Economic Development Article of the Annotated Code of Maryland and a hearing is held under §12-609 of the Economic Development Article.

  (b)   Expansion by condominium or cooperative housing corporation.

    (1)   Notwithstanding any other provision of this title and subject to paragraph (2) of this subsection, a condominium or cooperative housing corporation that is in the proposed expanded geographic area of the District may petition to join the expansion.

    (2)   A condominium or cooperative housing corporation described under paragraph (1) of this subsection may petition to join the expansion only if:

      (A)   the condominium or cooperative housing corporation is governed by a board;

      (B)   the board votes to join the district corporation; and

      (C)   the board has a representative member of the board sign the appropriate documents required under §12-608 of the Economic Development Article.

    (3)   For the purposes of the votes cast under subsection (a)(1):

      (A)   a condominium or cooperative housing corporation must be considered a single parcel; and

      (B)   the decision reached by the board must constitute the vote of the condominium or cooperative housing corporation.

**Sec. 62-9. Review and evaluation of the District.**

  (a)   Review; development of procedures for evaluation. The Executive must:

    (1)   review the effectiveness and desirability of continuing the district every 3 years beginning from the time this Act takes effect;

    (2)   develop by method 2 regulation policies and procedures for evaluating the desirability of continuing the District; and

    (3)   recommend to the Council whether the District should continue.

  (b)   Effect of disapproval. If the Council adopts a resolution disapproving of the continuing existence of the District:

    (1)   the District must cease to exist as directed by the Council; and

    (2)   the district corporation must continue its existence only as long as necessary to terminate operation in a reasonable manner.

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 65. Drummond.

**Sec. 65-1. Constituted special taxing area; boundaries defined.**

  For the purposes of this chapter, the Village of Drummond, Montgomery County, Maryland, as hereinafter described, shall constitute a special tax area or district and shall be deemed and taken to comprise certain parcels of land, namely: The subdivision in said Montgomery County called "Drummond" as per plat no. 48, recorded in Plat Book No. 1, one (1) of the land records for said Montgomery County, and the adjoining subdivision called "First Addition to Drummond" as per plat no. 89, recorded in said Plat Book No. 1.

**Sec. 65-2. Portion of territory excluded from village, etc.**

  (a)   On and after April 25, 1947, the following described area shall no longer be included within the special taxing area of the Village of Drummond, Montgomery County, Maryland: Lots numbered One, Two, and Three in the Village of Drummond, located at the southwest corner of Wisconsin and Hunt Avenues.

  (b)   The owner or owners of the property in said area shall not hereafter be levied upon for taxes applicable only to the special taxing area of the said Village of Drummond, nor shall any indebtedness of said special taxing area, incurred after April 25, 1947, be a lien upon the area so removed from said special taxing area; provided, that any future levy for any bond or indebtedness of said special taxing area, incurred before April 25, 1947, or any extension, refinancing or renewal thereof, shall include the owners of and be a lien upon the property within said excluded area; provided, however, that nothing herein contained shall be construed to relieve either the owner or the property in said area from the obligation of the tax levy of July 1, 1946.

**Sec. 65-3. Annual levy; treasurer's bond; payments from county; purposes for which funds to be used.**

  The county council for Montgomery County is hereby authorized, empowered and directed to levy and cause to be collected from the property owners at the time of the county tax levy for the year commencing July 1, 1916, and ending June 30, 1917, and each succeeding year, within the said village known as Drummond, as named and created by this chapter, fourteen cents ($0.14) on each one hundred dollars ($100.00) of the assessable value of the real property other than operating real property of a public utility and thirty-five cents ($0.35) on each one hundred dollars ($100.00) of the assessable value of the personal property and operating real property of a public utility in said village, to be collected as all other county taxes in said county are collected; to be paid over by said county council to the treasurer of the committee herein authorized to be created, or his successors selected by the majority of the members as said committee, upon said treasurer having been duly selected by a majority of said committee, and giving corporate bond to Montgomery County, Maryland, satisfactory to and approved by the county manager and the county attorney in a penal sum to be fixed by them, conditioned upon the faithful discharge of the duties of said treasurer; the said county council shall also order and have paid over to said treasurer the proportion of the county road tax to be levied and collected in the same manner as though said Village of Drummond was an incorporated town, and the said village shall for that purpose, be considered by said county council as an incorporated town in said county; all of said funds to be used directly by or through said committee, exclusively for opening, improving, widening, maintaining, repairing and lighting the streets, roads, lanes, approaches, alleys, sidewalks, parking, drainage, sewerage, sanitation and other village improvements, and for furnishing police and fire protection, clerical and other public service, including the removal of ashes, garbage and other refuse, and the disposal thereof, and for the enforcement of the requirements of all conveyances for properties situated in said village, and for enforcing such building, sanitary and other regulations as said committee, subject to the approval of the county council may prescribe for said village, or for any part thereof.

**Sec. 65-4. Reduction of levy.**

  If in any year the majority of the said Drummond Citizens' Committee shall decide the sum hereinbefore authorized to be taxed and levied is in excess of the amount required for the ensuing year, then and in that event, the said committee may, on or before April 15 of any year, notify in writing the county council of Montgomery County to make a reduction in the said levy of fourteen cents ($0.14) on each one hundred dollars ($100.00) of assessable value of real property other than operating real property of a public utility and thirty-five cents ($0.35) on each one hundred dollars ($100.00) of assessable value of personal property and operating real property of a public utility, as hereinbefore provided for, the amount of said reduction to be determined by the said committee and specified in the said notification to the county council; and upon receipt of such notification, the board of county council of Montgomery County is authorized, empowered and directed to make a levy less than the said fourteen cents ($0.14) or thirty-five cents ($0.35) in the amount determined and specified by the said committee.

**Sec. 65-5. Citizens' committee-Elections; oath of office, etc.**

  On the first Monday in May in the year 1917 and on the same day in each year thereafter, an election shall be held in the said Village of Drummond for the election of three (3) committeemen, each of whom shall have been a resident of said Village of Drummond for six (6) months previous to said election, and over the age of twenty-one (21) years, the three (3) said committeemen to be and constitute the Drummond Citizens' Committee for the ensuing year, each of whom shall qualify within twenty (20) days after said election by taking the oath prescribed by the Constitution of Maryland, before an officer of the law duly commissioned to administer same. The annual election of said committeemen, as herein provided shall be held under and in accordance with the laws of the State of Maryland, but the returns thereof shall be made to the county council of Montgomery County; all residents of said Village of Drummond for six (6) months previous to said election, and over the age of twenty-one (21) years, shall be eligible to vote at such elections; said elections shall be conducted by three (3) judges of election and two (2) clerks, to be appointed by said committee, who shall serve without pay; and the polls of said election shall be open from 7:00 p.m. to 9:00 p.m. on the first Monday in May as hereinbefore provided.

**Sec. 65-6. Same-General powers; special assessments, etc.**

  (a)   Said Drummond Citizens' Committee is empowered to grade, pave, macadamize or otherwise improve any existing street, road or lane, or any street, road or lane which has been or may be acquired and opened for public use, and to lay sidewalks and curbs thereon; provided, that said Drummond Citizens' Committee, subject to the approval of the county council and after petition of residents and hearing, as hereinafter provided, shall have power to assess the cost, or any part of the cost, of said grading, paving, macadamizing or improving against the property abutting on said street, road or lane, or sidewalk, in proportion to the frontage of said abutting property on the same; provided, further, that upon the petition in writing of two-thirds of the residents owning property abutting upon any street, road or lane to be graded, paved, macadamized or otherwise to be improved under the provisions of this section requesting the grading, paving, macadamizing or otherwise improving of such streets, roads or lanes, it shall be the duty of the Drummond Citizens' Committee to make the said assessment against the abutting property to provide the funds for and cause to be performed the necessary work or construction to be done in accordance with the provisions herein provided; and provided, further, that before any contract for work shall be entered into, or any obligation with respect thereto incurred, notice shall be given to the owners and others of record interested in said abutting property of a hearing at which they will be given an opportunity to be heard, such hearing to be had before said Drummond Citizens' Committee, which shall decide the matters properly brought before it; and any party affected by the final decision of said Drummond Citizens' Committee made after such hearing shall have the right to appeal therefrom within ten (10) days to the circuit court of Montgomery County.

  (b)   Any tax so assessed, as above provided in this section, shall be payable to the county treasurer in from four (4) to ten (10) semiannual installments, as nearly equal as may be, the first installment thereof to become due and payable within six (6) months after the levy of said special tax as above provided, and each of the other said installments within six (6) months after the preceding one (1) shall have become due; each installment of said tax shall become a lien against said abutting property and shall bear interest from the date of levy thereof at the rate of six (6) per centum per annum until paid; or said tax may be paid in full without interest during the first installment period, and if any of said installments thereof be not paid within thirty (30) days after same shall have become due, the entire amount of said tax assessed to the person or persons or corporation in default, with interest, shall thereupon become due and payable, and may be collected in the same manner provided in the act for the collection of unpaid taxes. And the said Drummond Citizens' Committee shall have the power to prescribe the number of semiannual installments in which the tax so assessed, as above provided, shall be payable.

  (c)   All money so received by said county treasurer shall, upon order of said county council, be paid over to the treasurer of said Village of Drummond, and the said Drummond Citizens' Committee shall become charged with the duty of paving, grading, macadamizing or otherwise improving said streets, roads, lanes or sidewalks within said village.

  (d)    For the purpose of making the improvements provided for in this section, the said Drummond Citizens' Committee is hereby authorized and empowered to borrow money and otherwise contract indebtedness and obligate said Village of Drummond in an amount not exceeding at any time the sum of four (4) per centum of the assessed valuation of the real property other than operating real property of a public utility and ten (10) per centum of the assessed valuation of the operating real property of a public utility within said village, and for this purpose said Village of Drummond shall be and hereby is constituted a corporation, and the said Drummond Citizens' Committee is empowered to act for said corporation; provided, that should there be default on bonds or other indebtedness incurred by the said citizens' committee of the said Village of Drummond for the said village, it shall be the duty of the county council of Montgomery County to levy or have levied special general taxes against the real property of said Village of Drummond to the extent only that such default bonds or incurred indebtedness shall be liquidated.

**Sec. 65-7. Same-Removal by county council; treasurer and other officers generally.**

  Any member of the Drummond Citizens' Committee may be removed by the county council upon the charge of malfeasance or misfeasance in office, preferred by a member of said committee, after due notice of said charge and opportunity has been given in defense thereof, and a hearing to be fixed therefor. The said treasurer and other officers of said Village of Drummond shall hold their offices or positions at the pleasure of said Drummond Citizens' Committee or in conformity with contracts which may be made by and between said committee and such officers and employees, for a period not to extend beyond the limits of the terms of office of said committee.

**Sec. 65-8. Same-Competitive bidding.**

  Said Drummond Citizens' Committee shall not expend for material or work in connection with anyone undertaking a sum exceeding three hundred dollars ($300.00) without having first advertised the specifications therefor and inviting bids for the same, after which said committee may purchase such material or make contract for such work, or have such work done by employing labor, or otherwise, as it may deem best.

**Sec. 65-9. Same-May recommend regulations for adoption by county council.**

  The said county council may, upon recommendation of the Drummond Citizens' Committee, adopt such regulations with respect to dumping of garbage, sanitation, erection of buildings, care of property, or other police or health regulations, and provide penalties for the violation thereof as said board may deem proper, which regulations may be enforced by or through said committee.

**Sec. 65-10. Same-Members not to be held individually or personally liable for official acts.**

  Said members of said Drummond Citizens' Committee, for the purpose of making contracts or otherwise incurring liabilities in the performance of the duties provided by this subtitle shall be considered in law as a corporation, and are not to be held individually or personally liable in connection therewith.

**Sec. 65-11. Treasurer's duties, etc.**

  The treasurer of said Drummond Citizens' Committee shall deposit all funds coming into his hands, as such, in depositary or depositaries as may be designated by the majority vote of the said committee, duly recorded in the minutes thereof, to his credit, as such treasurer, and that said treasurer shall not dispose of any of the funds coming into his hands, as such treasurer, except upon check, duly signed by him, as such treasurer, and countersigned by the chairman of said committee, or some member thereof acting as chairman; said acting chairman shall be duly authorized to act by resolution of said committee which must be first placed upon the minutes of the committee.

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 66. "Village of Friendship Heights."

**Sec. 66-1. Constituted special taxing area; boundaries defined.**

  For the purpose of this chapter, the villages of "Friendship Heights" and "The Hills" shall constitute a special tax area or district known as the Village of Friendship Heights, and shall be deemed and taken to comprise certain parcels of land, namely: All those tracts, parts of tracts, pieces or parcels of land situate, lying and being in the County of Montgomery in the State of Maryland, laid down and described upon the plat of the certain subdivision of lands in said county known as and called "Friendship Heights" duly recorded among the Land Records for said Montgomery County as plat no. 45, in Plat Book No. 1, one of the plat books for said Montgomery County; also all those tracts, parts of tracts, pieces or parcels of land situate, lying and being in the County of Montgomery in the State of Maryland laid down and described upon the plat of the certain subdivision of lands in said county known as and called "The Hills," duly recorded among the land records for said Montgomery County as plat no. 44, in Plat Book No. 1, one (1) of the plat books for said Montgomery County; also all those tracts, parts of tracts, pieces or parcels of land situate, lying and being in the County of Montgomery, State of Maryland, described as follows, to wit: Beginning for the same at a stone planted at the northwest corner of the subdivision known as "Friendship Heights," as surveyed and platted by William J. Latimer, surveyor, and recorded in the office of the clerk of the circuit court for Montgomery County in Plat Book No. 1, being plat no. 45, and running thence south twenty-nine degrees three minutes east along the west line of Friendship Heights one hundred and ninety-six and five-tenths feet to a stone planted at the intersection of the north line of High Street (in said subdivision) with the west line of Friendship Heights, and running thence with the said north line of High Street extended south eighty-six degrees forty-five minutes west sixty feet; thence north twenty-nine degrees three minutes west one hundred and eighty-five and three-tenths feet to the rear line of the property fifty-seven feet from the place of beginning, then to the place of beginning, containing one-fourth of an acre of land, more or less; also all those tracts, parts of tracts, pieces or parcels of land situate, lying and being in the County of Montgomery, in the State of Maryland, described as follows, to wit: Beginning for the same at the intersection of the north line of the old Glen Echo Railroad with the fourth line of a conveyance made the 20th day of May, A.D. 1854, by Isaac Shoemaker to Aquila Eld for part of said tract called "Friendship" containing twenty acres two rods and eighteen square perches of land and recorded in Liber J. G. H. No. 3, Folio 320, &c., one of the land records of said Montgomery County, and running thence with said fourth line north sixty-seven degrees thirty minutes west one hundred and eighty-five and eight-tenths feet to the end thereof and Williams' line; thence with said Williams' line and the closing line of said conveyance from Shoemaker to Eld north seventy-one degrees twenty minutes east one thousand and eighty-seven and ninety-six one-hundredths feet to a point at the end of fifty-five and eighty-four one-hundredths feet on a line bearing south seventy-one degrees twenty minutes west from a stone at the northwest corner of "Friendship Heights;" thence south thirty-three degrees twenty-six minutes east one hundred and eighty-four and sixty-three one-hundredths feet; thence north eighty-two degrees twenty-two minutes east sixty feet to a marble stone on the west line of "Friendship Heights," and thence with said west line south thirty-three degrees twenty-six minutes east three hundred and sixty-six and ninety-eight one-hundredths feet to intersect the north line of the old Glen Echo Railroad; thence bounding on said north line north seventy-six degrees three minutes west two hundred and seventy and seventy-five one-hundredths feet; north seventy-nine degrees thirty-three minutes west one hundred and twenty and sixty-two one-hundredths feet; thence north eighty-three degrees and forty-three minutes west ninety-four and three-tenths feet; thence north eighty-seven degrees twenty-three minutes west ninety-six and thirty-five one-hundredths feet; thence south eighty-eight degrees twenty-two minutes west one hundred and five and seven-tenths feet; thence south eighty-four degrees forty-two minutes west one hundred and twenty and forty-five one-hundredths feet; thence south eighty-three degrees thirty-two minutes west four hundred and thirteen feet to the place of beginning, containing clear of the old Glen Echo Railroad and the Chevy Chase and Glen Echo Railroad six and three hundred and sixty-seven one-thousandths acres of land; and also all that part of a tract of land called "Friendship" lying and being in the County of Montgomery in the State of Maryland, and on the west side of the Georgetown and Rockville Turnpike Road, described as follows, to wit: Beginning at a stone standing at the end of the second line of Richard Williams' part of said tract and marked on one side TV and on the other side IT5, and running thence with said second line reversed north fifty-two and one-half degrees east twenty-two and one-half perches to the said turnpike road; then with it and binding on the west edge thereof south nineteen degrees east thirty-seven and ninety-two one-hundredths perches; thence south sixty-three and one-half degrees west forty-five and eighty one-hundredths perches; thence north nineteen degrees west thirty-seven and ninety-two one-hundredths perches to Richard Williams' third line of aforesaid tract; thence with it reversed to the beginning, containing two acres of land, more or less.

**Sec. 66-2. Annual levy; treasurer's bond; purposes for which funds shall be used.**

  The county council for Montgomery County shall levy and cause to be collected from the property owners at the time of the county tax levy, for the year commencing July 1, 1914, and ending June 30, 1915, and each succeeding year, within the Village of Friendship Heights, as named and created by this chapter, the rate, not less than four cents ($0.04) nor more than twenty cents ($0.20) on each one hundred dollars ($100.00) of the assessable value of the real property other than operating real property of a public utility and not less than ten cents ($0.10) nor more than fifty cents ($0.50) on each one hundred dollars ($100.00) of the assessable value of personal property and operating real property of a public utility in the villages, which is specified to it on or before June 1 by the village council after public hearing held thereon by the village council, to be collected as all other county taxes in the county are collected; to be paid over by the county council to the treasurer of the village council herein authorized to be created, or his successors, selected by the majority of the members of the village council, upon the treasurer having been duly selected by a majority of the members of the village council, and giving corporate bond to Montgomery County, Maryland, satisfactory to and approved by the chief administrative officer and the county attorney in a penal sum to be fixed by them, conditioned upon the faithful discharge of the duties of the treasurer, and the county council shall also order and have paid over to the treasurer the proportion of the county road tax to be levied and collected in the same manner as though the Village of Friendship Heights was an incorporated town, and the village shall, for the purpose, be considered by the county council as an incorporated town of the county. All of the funds may be used directly by or through the village council for acquiring, building, renovating, altering, or removing structures for public use; and for providing sewerage, sanitation and other village improvements, and amenities; recreation, parks, and for furnishing police and fire protection, administrative, clerical, maintenance, and other public service, including the removal of ashes, garbage and other refuse and the disposal thereof, for carrying out any other general police and health power function pursuant to this chapter; and providing for the constructing, improving, widening, maintaining, repairing, and lighting of streets, roads, lanes, alleys, sidewalks, and drainage structures.

**Sec. 66-3. [Property tax payment deferral for elderly or disabled homeowners.]**

  (a)   Notwithstanding subtitle 1 of this title, the Village Council of Friendship Heights may authorize, subject to the concurrence of the governing body of Montgomery County, a payment deferral of special taxing district property tax for residential real property occupied as the principal residence of the owner.

  (b)   An owner is eligible for a payment deferral under subsection (a) of this section if the owner or at least one of the owners:

    (1)   Has resided in the dwelling for a period of at least 5 consecutive years;

    (2)

      (i)   Is at least 65 years of age;

      (ii)   Has been found permanently and totally disabled and has qualified for benefits under:

        1.   The Social Security Act;

        2.   The Railroad Retirement Act;

        3.   Any federal act for members of the United States Armed Forces; or

        4.   Any federal retirement system; or

      (iii)   Has been found permanently and totally disabled by a county health officer; and

    (3)   Meets the income eligibility requirements determined under subsection (c) of this section.

  (c)   The village council shall specify:

    (1)   The amount of the tax that may be deferred, not exceeding the increase in the special taxing district property tax from the date the taxpayer elects to defer the payment of the tax;

    (2)   Restrictions on the amount of the real property eligible for a payment deferral under subsection (a) of this section, except that the amount of eligible property may not be less than the dwelling and curtilage, as determined by the supervisor;

    (3)   The duration of the payment deferral under subsection (a) of this section;

    (4)   The rate of interest to be paid on the special taxing district property tax payment from the due date without a deferral until the date that the special taxing district property tax is paid;

    (5)   That any mortgagee or beneficiary under a deed of trust be entitled to receive notice of the deferral and of the amount of tax to be deferred; and

    (6)   The level of income to determine eligibility for the payment deferral under subsection (a) of this section.

  (d)   The special taxing district property tax that is deferred under this section and any interest specified in the law authorizing the deferral are due when the deferral ends as specified in the law authorizing the deferral.

  (e)   The village council shall specify the cumulative amount of the deferral and related interest in the taxpayer's annual property tax bill.

  (f)   A lien shall attach to the property in the amount of all deferred taxes and interest. The lien shall remain attached until the deferred taxes and interest are paid.

  (g)   The village council shall authorize the deferral by written agreement. The agreement shall reflect the terms and conditions of the deferral including notice of the lien. The agreement shall be recorded in the land records of the county.

  (h)   Penalties may not be charged during the period of the deferral on any tax payments deferred under this section.

**Sec. 66-4. Village council-Election; oath of office; vacancies.**

  (a)   On the second Monday in May in the year 1923, and on the same date in every second year thereafter, an election shall be held in the village for the election of seven (7) members, each of whom shall be a registered and qualified voter of Montgomery County residing in the village, to be and constitute the "Friendship Heights Village Council" for the next succeeding two (2) years, and until their successors duly qualify, each of whom shall qualify on or before the fourth Monday in May thereafter by taking an oath, before an officer of the law duly commissioned to administer same, to diligently and faithfully discharge the duties of the office.

  (b)   In case any such person so elected as village councilman fails to qualify within the time hereinbefore mentioned, or in case of any vacancy through death, resignation or otherwise, the county council shall fill the vacancy by the appointment of a registered and qualified voter of Montgomery County residing in the village, who shall hold office for the term or unexpired term.

  (c)   The election of the village councilmen as herein provided, shall be held under and in accordance with the laws of the State of Maryland, but the returns thereof shall be made to the county council of Montgomery County.

  (d)   All registered and qualified voters of Montgomery County residing in the village are eligible to vote at the elections; the election shall be conducted by at least four (4) judges of election and at least four (4) clerks, and whatever assistant judges and clerks as may be necessary, to be appointed by the village council, who shall serve with appropriate compensation.

  (e)   The polls of the election shall be open from 7:00 a.m. to 8:00 p.m., on the second Monday in May as hereinbefore provided. However, the foregoing hours may be modified by the county council by resolution, upon request of the "Friendship Heights Village Council."

  (f)

    (1)   The council may assign all or part of the duties of the secretary or treasurer, and such other duties as appropriate, to one or more employees or other designees of the village.

    (2)   The council may appoint a village manager and designate that person's duties and responsibilities consistent with the provisions of this charter.

    (3)   The council shall have the power to employ such other employees and to contract for professional services as it deems necessary to execute the powers and duties provided by this charter or other state law and to operate the village government.

    (4)   No employee in the service of the village shall continue in such position after election to any public office in the village.

**Sec. 66-5. Same-Removal by county council; terms of treasurer and other officers.**

  Any member of the "Friendship Heights Village Council" may be removed by the county council upon the charge of malfeasance or misfeasance in office, preferred by two (2) or more members of said village council, after due notice of the charge and after an opportunity has been given for defense thereon, and a hearing to be fixed therefor. The treasurer of the "Friendship Heights Village Council" and other officers and employees of the villages shall hold their offices or positions at the pleasure of the "Friendship Heights Village Council" or in conformity with contracts which may be made by and between the village council and whatever officers or employees for a period not to extend beyond the limits of the terms of office of the village council.

**Sec. 66-6. Reserved.**

**Sec. 66-7. Same-Regulations to be adopted by village council.**

  The "Friendship Heights Village Council," subject to the approval of the county council, may adopt regulations with respect to dumping of garbage, sanitation, erection of buildings, care of property, tearing up of streets, speed regulations, removal of snow and ice or other police or health regulations, and provide penalties for the violation thereof, as the village council may deem proper, which regulations may be enforced by or through the village council. In addition to enforcing such regulations by criminal prosecution, the village council may bring suit in the circuit court of Montgomery County, in the name of the "Friendship Heights Village Council," for which purpose said council shall be deemed a body corporate, to obtain a decree, order or judgment of that court compelling, by injunction or otherwise, compliance by any person with such regulations. The village council may also provide that if, after due notice, any regulation requiring the removal of unsightly weeds or debris from, or the abatement of any nuisance upon, any property within the village is not complied with by the owner of the property in a reasonable time, the village council shall have the authority to have said work done at a reasonable price and to assess the cost thereof against the property of the delinquent party, the same to be a lien against said property and to be collected in the same manner as the county taxes are collected and turned over to the treasurer of the village council.

**Sec. 66-8. Same-Members not to be individually or personally liable for official acts.**

  Members of the "Friendship Heights Village Council," for the purpose of making contracts or otherwise incurring labilities in the performance of the duties provided by this chapter, shall be considered in law as a corporation, and may not be held individually or personally liable in connection therewith.

**Sec. 66-9. Same-General powers; special assessments.**

  (a)   The "Friendship Heights Village Council" may grade, pave, macadamize or otherwise improve any existing dedicated street, road or lane, or any county road, street or lane, within the special taxing area which has been or which may be acquired and opened for public use and to lay sidewalks and curbs thereon, and, subject to the approval of the county council of Montgomery County and after due publication of cost thereof, to assess the cost of the grading, paving, macadamizing, laying sidewalks and curbs, or otherwise improving, against the property abutting on that portion of the street, road, lane or sidewalks so improved, in proportion to the frontage of the abutting property; provided, the consent to the proposed improvements of the owners of two-thirds of the abutting property shall first have been obtained. A tax so assessed as provided in this section shall be payable to the county treasurer for the county in not more than three (3) annual installments as nearly equal as may be, the first installment to become due and payable the first day of July next succeeding the making of the special assessment as herein elsewhere provided and to be collected as county taxes in the county are collected. It shall be subject to interest from the first day of July until paid at the rate of six (6) percent per annum. Each annual installment shall become a lien against the abutting property. Any installment not paid by the first day of January following its becoming due shall be subject to the same penalties and shall be collected in the same manner as provided for the collection of unpaid county taxes in the county. All taxes assessed as provided in this section shall be paid over by the treasurer of the county to the treasurer of the "Friendship Heights Village Council," who shall devote these funds to the exclusive purpose of paying for special improvements herein provided for or any indebtedness which may be incurred therefor.

  (b)   The "Friendship Heights Village Council" may pave, grade, macadamize or otherwise improve the streets, roads, lanes, or sidewalks within the taxable area. Before any contract for works is entered into, or any obligation with respect thereto incurred, notice shall be given to the owners and others of record interested in the abutting property and an opportunity to be heard, the hearing to be before the "Friendship Heights Village Council" who shall decide the matters properly brought before them. Any party affected by the final decision of the village council made after that hearing shall have the right to appeal therefrom within ten (10) days to the circuit court of Montgomery County; provided that, until the first day of July, 1980, upon any petition received by the "Friendship Heights Village Council" of the owners of the two-thirds of the property subject to the assessment for the cost of proposed improvements abutting upon any street, road or lane to be graded, paved, macadamized or improved requesting the grading, paving, macadamizing or improving of any such streets, roads, lanes or sidewalks, the village council shall make the assessment against the abutting property owners to provide the funds for and cause to be performed the necessary work or construction in accordance with these provisions. The improvements shall be carried out to completion in accordance with these provisions for any request received prior to the first day of July, 1980. After that date, no petitions shall be received or acted upon.

  (c)   Montgomery County may receive by dedication or acquisition and may construct by special assessment or at county expense and maintain at county expense, any street or road within the special taxing area which is on a master plan or sector plan approved by the county council and adopted by the Maryland-National Capital Park and Planning Commission.

**Sec. 66-10. Same-Competitive bidding generally.**

  (a)   Except as provided in subsection (b) of this section, the “Friendship Heights Village Council” may not expend for material or work a sum exceeding $20,000 without having first advertised the specifications therefor and inviting bids for it, after which the village council may purchase whatever material or make contract for work or have the work done by employed labor or otherwise, as it may deem best.

  (b)

    (1)   In this subsection, “emergency” means an occurrence or condition that:

      (i)   The village council reasonably could not foresee; and

      (ii)   Requires an action to avoid or mitigate serious damage to public health, safety, or welfare.

    (2)   The village council, by majority vote, may enter into a contract exceeding $20,000 without seeking competitive bids if the procurement is in response to an emergency.

  (c)   The village council may engage in cooperative procurement with other governmental entities in Montgomery County.

**Sec. 66-11. Same-Borrowing of money.**

  For the purpose of making improvements, provided for in the aforegoing sections or for the purpose of making improvements other than maintenance, the village council may borrow money and otherwise contract indebtedness and obligate the taxable area in amounts not exceeding in total at any time the sum of four (4) percent of the assessed valuation of real property other than operating real property of a public utility and ten (10) percent of the assessed valuation of operating real property of a public utility within the taxable area, and for these purposes the taxable area is constituted a corporation, and the village council is authorized to act for the corporation.

**Sec. 66-12. Treasurer's duties, etc.**

  The treasurer of the "Friendship Heights Village Council" shall deposit all funds coming into his hands, as such, in whatever depositary or depositaries as directed by the majority vote of the village council, to his credit, as treasurer, and that the treasurer of the village council shall not dispose of any of the funds coming into his hands, as such treasurer, except upon check duly signed by him, as such treasurer, and countersigned by the chairman of the village council, or some member thereof acting as chairman. The acting chairman shall be duly authorized to act by resolution of the village council, which must be first placed upon the minutes of the village council, to be provided therefor.

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 68. Montgomery County Suburban District.

**Sec. 68-1. Area defined.**

  (a)   The area in the county hereinafter described is hereby constituted a special tax area or district for the purpose of this chapter, to be known as the Montgomery County Suburban District, hereinafter referred to in this chapter as "the district."' The Montgomery County Suburban District shall comprise the following area:

Beginning for the same at a point on the Maryland-Virginia boundary line at the intersection thereof by the Montgomery County-District of Columbia boundary line; thence northeast and southeast along the Montgomery County-District of Columbia boundary line to the Prince George's-Montgomery County boundary line; thence northeast along said last-mentioned line to the southern edge of Sitka Road, also known as Franklin Avenue; then southwest along Sitka Road until intersected by the prolongation of the easternmost boundary line of the Hillandale Subdivision, the same being the dividing line between the Hillandale Subdivision and the property owned by the United States Government; thence crossing Sitka Road and running northerly and westerly along the eastern and northern boundary lines, respectively, of the Hillandale Subdivision to the eastern edge of New Hampshire Avenue; thence northwesterly along the eastern edge of New Hampshire Avenue to the intersection of said avenue with the Colesville Road at the White Oak corner; thence southwesterly along the northern edge of the Colesville Road to the north boundary of Burnt Mills Village as recorded in Plat Book 33, Plat No. 2114, among the Land Records of Montgomery County; thence northwest with said boundary line extended to the east bank of Northwest Branch; thence in a northerly direction along the east bank of the said Northwest Branch to its intersection with the northerly side of Bonifant Road; thence in a westerly direction along the northerly side of the Bonifant Road to its intersection with the east side of the Norwood Road; thence continuing in a westerly direction and crossing the said Norwood Road to the north side of the Bel Pre Road; thence in a westerly direction along the northerly side of the said Bel Pre Road to its intersection with the eastern side of Georgia Avenue extended; thence in a southwesterly direction across the said Georgia Avenue to the north side of Layhill Road, portions of said Layhill Road being delineated on the plats of Manor Park Subdivision and recorded in Plat Book 4, Plat 390, Plat Book 32, Plat 2080, and Plat Book 35, Plat 2398, among the land records of Montgomery County; thence in a northwesterly direction along the northerly side of the said Layhill Road to its intersection with the northerly side of the Rockville-Norbeck Road (Maryland Route 28); thence in a southwesterly direction along the northerly side of the said Rockville-Norbeck Road to its intersection with the west bank of Rock Creek; thence in a southerly direction along the western bank of Rock Creek to its intersection with the northerly side of the Viers Mill Road (Maryland Route 506); thence in a northwesterly direction along the northeastern side of the said Viers Mill Road to its intersection with the corporate limits of the City of Rockville as now constituted and as described in chapter 425 of the Laws of Maryland, 1951; thence along the corporate limits of the City of Rockville to its intersection with the last line of the extension of the corporate limits of the City of Rockville as set forth in chapter 626 of the Laws of Maryland, 1953; thence following the said corporate limits of the City of Rockville as set forth in chapter 626 in the Laws of Maryland, 1953, reversed to its intersection with the Maryland-Washington Metropolitan District line; thence southwesterly and westerly along the said Maryland-Washington Metropolitan District line to its intersection with the Washington Suburban Sanitary District line as said line is described in chapter 1024 of the Laws of Maryland, 1945; thence southerly and following the Washington Suburban Sanitary District line reversed to its intersection with the south side of the River Road; thence in a northwesterly direction along the south side of the River Road to the east side of Seven Locks Road; thence south along the east side of Seven Locks Road to the northwest corner of Lot 72, section 1 of Cabin John Park as recorded in Plat Book 2, Plat No. 178 among the land records of Montgomery County, Maryland; thence along a straight line due west to the west side of Persimmon Tree Road; thence south along the west side of the said Persimmon Tree Road to the south side of MacArthur Boulevard; thence west along the southern side of MacArthur Boulevard to the westernmost line of the subdivision known as Seven Locks Settlement as recorded in Plat Book 3, Plat No. 228 among the land records of Montgomery County, Maryland; thence south along the westernmost line of said settlement and on a line extended to the Maryland-Virginia boundary line; thence along said boundary to the point or place of beginning.

  (b)   Excluded from the Montgomery County Suburban District are the areas lying within the boundaries of the following cities, towns, villages, and special taxing areas, as these areas are now or in the future prescribed by law: Rockville, Takoma Park, Garrett Park, Glen Echo, Kensington, Somerset, Chevy Chase Village, Friendship Heights and The Hills, Oakmont, Chevy Chase Section 3, town of Chevy Chase, Chevy Chase Section 5, Martin's Additions, North Chevy Chase, Chevy Chase View, Drummond, and on July 1, 1987, the urban districts of Bethesda and Silver Spring as described in section 68A-8 of this Code. The urban district of Wheaton, as described in section 68A-8 of this Code, is excluded from the Suburban District when the Wheaton Urban District is created under section 68A-3(b).

**Sec. 68-2. Council designated as district council; powers; authority of county executive to promulgate rules and regulations; penalties for violations of rules and regulations, etc.**

  (a)   The county council is, for all of the purposes of this chapter, designated as the district council for the Montgomery County Suburban District, and such council is hereby given, for the purposes of this chapter, all legislative powers with which it can, in a constitutional manner, be vested by the general assembly of Maryland. The county executive is, for all the purposes of this chapter, designated as the executive officer for the Montgomery County Suburban District. In addition to the powers vested in the council by existing law, the council is hereby authorized within the district to prescribe by law reasonable standards affecting the kind, size and character (including the material used therein) of buildings to be erected in the district; to prescribe by law for the licensing for the purpose of regulation or revenue all and every kind of business transacted or carried on within the district and to fix the rate of license upon the same or by law authorize the county executive to set the rate of license fees and provide for the collection thereof by suit or otherwise; to prescribe by law for the licensing and regulation of any place of public amusement or recreation, pleasure parks, picnic grounds, clubhouses, theatrical exhibitions, baseball grounds, bowling alleys, billiard halls, poolrooms, camp meeting grounds, graveyards, sanitariums, hospitals, homes for the aged, orphan asylums, homes for children and convalescent homes, signs or signboards on or near state or county roads; provided, that the power of the county to inspect, license and regulate clubhouses shall not apply to clubhouses of country clubs within the district which were in existence and operation on January 1, 1927, and which on that date had a public or private list of fifty (50) or more bona fide members paying dues and which on that date maintained on the club premises at least two (2) of the following athletic facilities for their membership:

    (1)   A golf course of nine (9) holes or more;

    (2)   Two (2) or more tennis courts; or

    (3)   A swimming pool not less than forty (40) feet in length and twenty (20) feet in width.

  (b)   The council is further authorized to adopt and enforce uniform schedules of fees for licensing any class of business or enterprise as it may deem necessary, or the council by resolution may authorize the county executive by regulation to establish such fees, not to exceed the reasonable costs of licensing and enforcement. Such fees as shall be collected shall be paid over to the director of finance for the use of the district. The council is further authorized to provide by law for the county executive to promulgate reasonable regulations for the control of vehicular traffic on the public highways of such area, insofar as such regulations shall not be in conflict with the motor vehicle laws of the state; to designate certain streets or highways as arterial highways or boulevards, and to require all vehicles to stop at certain places to be designated from time to time; to establish and maintain on the public streets or highways traffic signs and directors, silent policemen, traffic lights and any and all devices deemed necessary for the control of traffic; to designate streets or portions of streets as one-way lanes of travel in such direction as may from time to time be designated; to prescribe the method and manner of parking vehicles on the public streets; to designate certain areas or streets or portions thereof as "no parking areas," and to prohibit the parking of any vehicle in such areas at such time as they may designate. The council is authorized to prescribe by law reasonable penalties for the violations of any such regulations promulgated by the county executive.

  (c)   The county is authorized and empowered to construct streets, sidewalks, gutters, alleys and curbs; to erect, maintain and protect such buildings for municipal purposes as may be deemed necessary and proper; to cause the public streets and public buildings to be lighted; to permit under such restrictions as it may deem proper; not inconsistent with existing law, the laying of railroad tracks and the running of cars propelled by steam, electricity or other power thereon; to permit the construction and maintenance of telegraph, telephone and electric lines and gas mains on or in the public streets, and to impose such restrictions and conditions upon the location and maintenance of gas, electric light and trolley wires, poles, pipes and railroad tracks as shall secure the least possible public or private inconvenience; provided, however, that such permits as to underground construction shall be in addition to those required by existing law; to contract for periods not exceeding five (5) years with any public or private corporation or any person for supplying the district or the inhabitants thereof with gas or electricity or for any general municipal purpose except the furnishing of water or sewer service; provided, however, that such contracts shall be let only as prescribed by law for county contracts; to provide for condemning, laying out, opening, extending and making new streets or alleys and pedestrian routes or sidewalks and for altering, straightening, widening, grading, improving or closing up in whole or in part any existing street or alley; and to assess the total cost of any proportion thereof against abutting property, where such work is to be financed by special or front-foot benefit assessment; to acquire by gift, dedication, purchase, condemnation or otherwise all and any interest whatsoever in any land, buildings and materials deemed necessary to carry out the purposes of this chapter, and for the purposes of performing its duties for the Montgomery County Suburban District, the county is authorized and empowered to acquire land for public purposes by condemnation, as fully and with all power possessed by any private or public corporation of this state and in exercising the power to eminent domain herein granted the county shall proceed in the manner provided by the laws of the state relating to condemnation, as if the county were a municipal corporation named in the laws: To fix specifications of and issue permits for the construction of streets, sidewalks, curbs and gutters by any subdivider, developer or individual, to require compliance therewith and to provide for the inspection and supervision of such work, the cost thereof to be borne by such subdivider, developer or individual; to regulate and control the collection and disposal of ashes, trash, garbage and other refuse in the district; to establish and maintain such service as may be deemed necessary or desirable for the protection of the health and safety of the public in collecting and disposing of garbage, ashes, trash and refuse, and for the cleaning of streets, alleys and sidewalks; to license or contract, as may be deemed necessary, with a contractor, after providing for the receiving of bids and the awarding of such licenses or contracts to perform the service of collecting and disposing of such ashes, trash, garbage and refuse, under such regulations as may be established to authorize reasonable charges for such services and to provide the method of collecting the same.

  (d)   For the purpose of carrying out any power or discharging any duty conferred by this chapter and in order to safeguard and protect the public health, safety or morals, the council may, by law, authorize the county executive to promulgate rules or regulations concerning any of the powers or subjects of this chapter; provided, that such rules or regulations shall contain proper standards for the exercise of the discretion conferred herein and shall operate uniformly. Any person who violates the provisions of the rules or regulations so promulgated, upon conviction before any court having criminal jurisdiction in the county shall be deemed guilty of a misdemeanor and shall be fined not more than fifty dollars ($50.00) for each violation, and in default of any fine so imposed may be imprisoned for a period not to exceed thirty (30) days for each violation; provided further, that in any prosecution for the violation of any rule or regulation or any provision thereof, it shall not be necessary to set forth the same in full or verbatim, but it shall be deemed sufficient if the warrant, information or indictment upon which the person alleged to have violated the provision of any such rule or regulation shall be tried, shall recite generally and briefly the title and number of such rule or regulation, with the date of its passage, a description of the offense in words of common usage, or if the rule or regulation has been embraced in a codification, if it refers to the number of the section of such codification and conforms to the rules of law governing the framing of indictments for violation of acts of the general assembly of this state and concludes "against the form of the rule or regulation in such case made and provided, and against the peace, government and dignity of the state."

**Sec. 68-3. Ordinances and regulations to be effective in district extensions.**

  Whenever by law any extension or reduction of the area within the Montgomery County Suburban District takes effect, all regulations and ordinances of general application throughout the district, adopted under section 68-2, as now or hereafter amended, and then in force, shall thereafter be applicable within the area of the Montgomery County Suburban District as so extended or reduced.

**Sec. 68-4. Annual levy authorized.**

  The council is authorized to levy annually against all the assessable property within the Montgomery County Suburban District the sum of not exceeding twelve cents ($0.12) on each one hundred dollars ($100.00) of assessed value of real property other than operating real property of a public utility and thirty cents ($0.30) on each one hundred dollars ($100.00) of assessed value of personal property and operating real property of a public utility. The levies herein authorized shall be upon all property, both real and personal, assessed for county tax purposes within the district and shall be levied and collected as other county taxes are now or may hereafter be, by law, levied and collected, and have the same priority rights, bear the same interest and penalties and in every respect be treated the same as other county taxes.

**Sec. 68-5. Expenditure of suburban district funds for street construction, etc.**

  The council is hereby authorized to expend any part of the suburban district tax funds or any other revenue accruing to the suburban district in the county for the grading, construction, maintenance or drainage of roads, streets or highways in the suburban district.

**Sec. 68-6. Penalty.**

  Every act or omission designated as a misdemeanor in this chapter, unless otherwise provided, shall be punishable before the circuit court of the county or a trial magistrate of the county, and the offender shall, upon conviction, be subject to a fine nor exceeding one hundred dollars ($100.00) or thirty (30) days in the county jail, or both, in the discretion of the court. Where such an act or omission is of a continuing nature or is persisted in violation of the provisions of this chapter or of any ordinance, rule or regulation promulgated thereunder, a conviction for one (1) offense shall not be a bar to a conviction for a continuation of such offense subsequent to the first or any succeeding conviction.

**Sec. 68-7. Authority of council to abolish district and amend or repeal provisions relating thereto.**

  The county council for Montgomery County be and it is hereby authorized and empowered to abolish, by resolution of the county council, the special tax area or district in Montgomery County known as "the Montgomery County Suburban District," as created by chapter 692 of the Acts of 1927, and as may have been amended from time to time thereafter, and the county council be and it is further authorized and empowered to repeal or amend, by resolution thereof, such of the provisions of the Montgomery County Code, being also article 16 of the Public Local Laws of Maryland, as may pertain to the district and the regulation, administration, management or government thereof or in any manner relate thereto.

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 68A. Montgomery County Urban Districts.

**Sec. 68A-1. Definitions.**

  For purposes of this Chapter, the following terms have the meanings indicated:

  (a)   Board of directors means the board of directors of an urban district corporation.

  (b)   Class 1 property means real property used or intended to be used for residential use categories under Chapter 59.

  (c)   Class 2 property means real property used or intended to be used for commercial or industrial use categories under Chapter 59.

  (d)   Corporation means an urban district corporation.

  (e)   Department means a County department, principal office, or other office that the County Executive designates to perform functions under this Chapter.  Department does not include an urban district corporation.

  (f)   Maintaining streetscape amenities means cleaning, repairing rehabilitating, or replacing streetscape amenities.

  (g)   Maintaining the streetscape includes cleaning sidewalks, driveways, streets, and other public areas; collecting trash; and caring for trees and other plantings.  Maintaining the streetscape includes streetscaping of the medians and street sweeping, but does not include maintaining the road or the curbs.

  (h)   Off-site amenity means a streetscape amenity installed by an optional method developer on a public right-of-way.

  (i)   On-site amenity means a streetscape amenity installed by an optional method developer on property owned by the optional method developer or on private property not owned by an optional method developer.

  (j)   Optional method development means property for which the owner has agreed with the Maryland-National Capital Park and Planning Commission to be responsible for installing and maintaining both on-site and off-site improvements.

  (k)   Streetscape amenity includes such items as bulletin boards and electronic displays; communication systems; containers for growing things; fountains and pools; drinking fountains; functional and decorative lighting; outdoor seating; restrooms; seating and other street furniture; shelters for pedestrians and persons using public transportation; non-standard paving; sidewalks; trees and other plantings; trash containers; vending booths and kiosks; works of art; any outdoor item that an optional method developer agreed to install and maintain as a condition of site plan approval; and other items of a similar character or purpose.

  (l)   Urban district corporation means a corporation created under Section 68A-9.

**Sec. 68A-2. Findings; general intent.**

  (a)   Certain areas of Montgomery County have become, or may in the future become, intensely developed communities containing diversified commercial, institutional, and residential development.  In order to maintain and enhance these areas as prosperous, livable urban centers, and to avoid blight, the County should:

    (1)   increase the maintenance of the streetscape and its amenities;

    (2)   provide additional public amenities such as plantings, seating, shelters, and works of art;

    (3)   promote the commercial and residential interests of these areas; and

    (4)   program cultural and community activities.

  (b)   Urban districts are created as special taxing districts to provide an administrative and financial framework through which to accomplish these goals.

**Sec. 68A-3. Creation of urban districts; purposes.**

  (a)   Urban districts are created in the business districts of Wheaton, Bethesda, Silver Spring, and Friendship Heights as described in Section 68A-8.

  (b)   Except as provided in subsection (c), the department may provide the public services and facilities necessary to implement the following purposes of an urban district:

    (1)   maintaining the streetscape and streetscape amenities on:

      (A)   public rights-of-way; and

      (B)   any property that is used by the general public;

    (2)   promoting and programming public interest activities that benefit both residential and commercial interests of an urban district (and which may incidentally benefit neighboring communities), or neighboring jurisdictions if the neighboring jurisdictions share a common economic interest with the subject urban district);

    (3)   providing additional streetscape amenities and facade improvements;

    (4)   monitoring activities to enhance the safety and security of persons and property in public areas; and

    (5)   providing any capital project that promotes the economic stability and growth of the district.

  (c)   In an urban district with an urban district corporation, the department is not responsible for streetscaping of the medians and streetsweeping inside the curbs.  The department is responsible for other maintenance inside, and including, the curbs.  Outside of the curbs, the department is only responsible for repair of standard concrete sidewalks.  The urban district corporation is responsible for brick or other non-standard sidewalk maintenance.  This allocation of functions may be altered by written agreement between the department and the corporation.

  (d)   Urban districts are created to provide public services and facilities that are:

    (1)   primarily of benefit to the property and persons within the urban district rather than to the County as a whole; and

    (2)   in addition to services and facilities that the County provides generally.

  (e)   The Department may provide a service or facility outside the boundaries of an urban district if the service or facility will primarily benefit businesses or residents in the urban district.

**Sec. 68A-4. Funding.**

  (a)   General. Each urban district is funded through:

    (1)   Urban District Tax.

      (A)   Except as provided in paragraph (7), each tax year the County Council may levy against all the assessable real and personal property in an urban district a sum not greater than 30 cents on each $100 of assessable property.

      (B)   The urban district tax is levied and collected as other county taxes are levied and collected by law.

      (C)   The urban district tax has the same priority, bears the same interest and penalties, and in every respect must be treated the same as other county taxes.

      (D)   The urban district tax rate may differ from one urban district to another.

    (2)   Parking Lot District fees.

      (A)   The County Council may transfer revenue from parking fees to the fund of the urban district in which the fees are collected.

      (B)   The amount of revenue from parking fees transferred to an urban district must not exceed the amount calculated by multiplying:

        (i)   The number of parking spaces in the urban district by

        (ii)   The number of enforcement hours per year by

        (iii)   20 cents.

      (C)   The amount of revenue from parking fees may differ from one urban district to another.

    (3)   Maintenance charge on optional method developments.

      (A)   The County Executive may charge each optional method development for the cost of maintaining off-site amenities for that development, including the County's cost of liability insurance.

      (B)   The County Executive may collect a maintenance charge under this section in the same way that the County collects taxes.

      (C)   A maintenance charge under this section has the same priority and bears the same interest and penalties as county taxes.

    (4)   Commercial district charge.

      (A)   Except as provided in paragraph (7), each tax year the County Council may levy a commercial district charge on each owner of real property within the district used by commercial or residential tenants, computed as:

        (i)   for Class 2 Properties, excluding hotels and motels, the amount of $0.165 per square foot for each net rentable square foot;

        (ii)   for hotels or motels, the amount of $120 per hotel or motel room; and

        (iii)   for Class 1 Properties that contain 5 or more residential units, available for rental for non-transient residential dwelling purposes, $120 per unit.

      (B)   Except as provided under paragraph (4)(A), Class 1 Properties and residences are exempt from the commercial district charge under this paragraph.

      (C)   Residential units restricted by law to households earning 100 percent of the area median income or less are exempt from the commercial district charge under this paragraph.

      (D)   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.

      (E)   The Director may require each property owner within the district to report annually, on a form provided by the Director and by a deadline specified by the Director:

        (i)   the number of Class 2, hotel or motel, or Class 1 square footage or units, as applicable, subject to the charge;

        (ii)   the amount of charge required by this Section to be collected; and

        (iii)   any other information the Director requires to assure that the proper charge will be remitted to the County.

    (5)   Transfer from the General Fund. The Council may transfer revenues from the County general fund to an urban district. The transfer may be subject to repayment as specified in the Council resolution approving the district's annual operating budget.

    (6)   Miscellaneous Revenue. All other revenues collected by an urban district, including charges for services and private contributions, must remain in the respective urban district fund, and, subject to appropriation, may be used to fund the urban district budget.

    (7)   Exclusivity of urban district tax or commercial district charge. Within a single urban district, the Council may levy under this Section either an urban district tax or a commercial district charge, but not both.

  (b)   Urban district fund; surplus balances.

    (1)   The Director of Finance must establish a separate fund for each urban district.

    (2)   Monies in an urban district fund and not appropriated for use by an urban district corporation under Section 68A-11 may be appropriated by the County Council for use by County departments, subject to the limitations of subsection (d). If in any fiscal year a balance remains in an urban district fund, the Director of Finance must maintain this balance for use in funding the budget of that urban district in later years.

  (c)   Additional funding restrictions.

The proceeds from either the urban district tax or parking fees transferred into an urban district fund must not exceed 90 percent of their combined total.

  (d)   Use of funds. The County government must use funds obtained under this section only:

    (1)   for the urban district in which they are obtained; and

    (2)   for the purposes of an urban district specified in Section 68A-3.

**Sec. 68A-5. Advisory committees.**

  (a)   Composition. Each urban district must have an advisory committee, or an urban district corporation board of directors, whose members are appointed by the County Executive and confirmed by the County Council.

    (1)   The Wheaton Urban District Advisory Committee has 13 members if there are 2 or more optional method developments; 12 members if there is only one optional method development; and 11 members if there are no optional method developments.  The Executive must strive to appoint the members so that:

      (A)   two members represent the Wheaton-Kensington Chamber of Commerce;

      (B)   two members represent businesses that employ fewer than 10 individuals;

      (C)   four members represent residential communities in the urban district or within 2 miles of the urban district;

      (D)   one member represents a residential community in or outside of the urban district and is a member of the Mid County Citizens Advisory Board;

      (E)   two members represent businesses that employ 10 or more individuals; and

      (F)   the remaining members represent optional method developers.

    (2)   The Bethesda Urban District Advisory Committee has 8 members.  The County Executive must strive to appoint the members so that:

      (A)   two members are persons nominated by the Bethesda Chamber of Commerce;

      (B)   three members represent optional method developers;

      (C)   one member represents a business that employs fewer than 10 employees;

      (D)   one member represents a residential community in the urban district; and

      (E)   one member represents a residential community in or outside of the urban district and is a member of the Western Montgomery County Citizens Advisory Board.

    (3)   The Silver Spring Urban District Advisory Committee has 11 members.  The County Executive must strive to appoint the members so that:

      (A)   two members are persons nominated by the Greater Silver Spring Chamber of Commerce;

      (B)   three members represent optional method developers;

      (C)   three members represent a business that employs fewer than 25 employees;

      (D)   two members represent a residential community in the urban district; and

      (E)   one member represents a residential community in or outside of the urban district and is a member of the Silver Spring Citizens Advisory Board.

    (4)   The Friendship Heights Urban District Advisory Committee has 5 members. The County Executive must strive to appoint the members so that:

      (A)   two members are commercial property owners in the district nominated by the Friendship Heights Alliance;

      (B)   one member is a resident renter in the district;

      (C)   one member is a residential property owner in the district; and

      (D)   one member is a business representative nominated by the Greater Bethesda Chamber of Commerce.

    (5)   The County Executive may reject a person nominated to serve on an advisory committee and request additional nominations from the same source.

  (b)   Term.

    (1)   Committee members serve for a period of 3 years beginning July 1.  However, when an advisory committee is first formed, the following members serve for only 2 years:

      a.   one member nominated by the Chamber of Commerce;

      b.   one member who represents the optional method developers; and

      c.   one member who represents a business that employs fewer than 10 persons.

    (2)   The County Executive may reappoint committee members.

  (c)   Duties.

    (1)   An urban district advisory committee may advise the County government on all aspects of the program, management, and finances of the urban district.

    (2)   An urban district advisory committee should:

      a.   by July 15 each year, advise the department on the program and budget of the urban district;

      b.   by September 15 each year, review the urban district budget and submit comments to the department; and

      c.   by October 1 each year, meet with the head of the department to resolve areas of disagreement regarding the budget.

  (d)   Compensation.

    (1)   The County does not compensate members of urban district advisory committees for their services.

    (2)   Committee members are exempt from the requirements of the County Financial Disclosure Law, Sections 19A-17 through 19A-20.

  (e)   Procedures and attendance. An urban district advisory committee may establish its own rules of procedure.  A committee may adopt a rule that provides for removal of a member because of failure to attend meetings.

  (f)   Termination. When an urban district corporation is created in a district, the advisory committee for that district ceases to exist.

**Sec. 68A-6. Maintenance agreements.**

  The County and an optional method developer may enter into an agreement for:

    (1)   the County to maintain streetscape amenities on private property; or

    (2)   an optional method developer to maintain streetscape amenities on public rights- of-way.

**Sec. 68A-7. Budget preparation.**

  (a)   For each urban district where an urban district corporation has not been created, the department must prepare a budget and, except for the first budget, should submit the budget to the appropriate urban district advisory committee by August 15 of each year.

  (b)   Except for the first budget, the head of the department must submit the proposed budget for review to the urban district advisory committee and meet with the committee to attempt to resolve any areas of disagreement.

  (c)   The department must include the budget of each urban district in its departmental budget submission to the Office of Management and Budget. The County Executive must include the budget of each urban district as modified by the Executive in the budget recommended to the County Council.

**Sec. 68A-8. Urban district boundaries.**

  (a)   Bethesda Urban District. The Bethesda Urban District is all land in the seventh election district of the county within the area described as follows:

    (1)   Beginning at a point on the east right-of-way line of Wisconsin Avenue at the northwest corner of Lot 47, Block 1, in the Resubdivision of Lots 1, 2, and 3 of Rosedale Park, as recorded January 9, 1939, in Plat Book 16, Plat 1038, among the land records of Montgomery County, Maryland;

    (2)   Then in an easterly direction along the north line of Lot 47 and 48 to the northeast corner of Lot 48 as shown in Plat Book 16, Plat 1038, recorded January 9, 1939, among the land records of Montgomery County, Maryland, which is also the north line of Block 1 of the Rosedale Park subdivision, as recorded August 5, 1908, in Plat Book 1, Plat 92, among the land records of Montgomery County, Maryland;

    (3)   Then in an easterly direction along the north line of Block 1 in the Rosedale Park subdivision to the northeast corner of Lot 5, Block 1, Rosedale Park, as shown in Plat Book 1, Plat 92, recorded August 5, 1908, among the land records of Montgomery County, Maryland;

    (4)   Then in a southerly direction along the common lot line, which is the east line of Lot 5 and the west line of Lot 6, Block 1, Rosedale Park, to its intersection with the north right-of-way line of Chestnut Street, as shown in Plat Book 1, Plat 92, recorded August 5, 1908, among the land records of Montgomery County, Maryland;

    (5)   Then crossing Chestnut Street to the northwest corner of Lot 7, Block 3, Rosedale Park, as shown in Plat Book 1, Plat 92, recorded August 5, 1908, among the land records of Montgomery County, Maryland;

    (6)   Then in a southerly direction along the west line of Lot 7, Block 3, Rosedale Park, to the northwest corner of Lot 16, Block 3, Rosedale Park, as shown in Plat Book 1, Plat 92, recorded August 5, 1908, among the land records of Montgomery County, Maryland;

    (7)   Then along the west line of Lot 16, Block 3, Rosedale Park, to its intersection with the north right-of-way line of Rosedale Avenue;

    (8)   Then crossing Rosedale Avenue to the northwest corner of Lot 7, Block 7, Rosedale Park, as shown in Plat Book 1, Plat 92, recorded August 5, 1908, among the land records of Montgomery County, Maryland;

    (9)   Then in a southerly direction along the west line of Lot 7, Block 7, Rosedale Park, to the northwest corner of Lot 15, Block 7, Rosedale Park, as shown in Plat Book 1, Plat 92, recorded August 5, 1908, among the land records of Montgomery County, Maryland;

    (10)   Then in a southerly direction along the west line of Lot 15, Block 7, Rosedale Park, to its intersection with the north right-of-way line of Maple Avenue;

    (11)   Then along the north right-of-way line of Maple Avenue to its intersection with the west right-of-way line of Tilbury Street;

    (12)   Then in a southerly direction along the west right-of-way line of Tilbury Street, crossing Maple Avenue and Highland Avenue to the south line of Highland Avenue;

    (13)   Then in a westerly direction along the south right-of-way line of Highland Avenue to its intersection with the northeast corner of Lot 8, Block 5, West Chevy Chase Heights subdivision, as recorded April 31, 1916, in Plat Book 2, Plat 186, among the land records of Montgomery County, Maryland;

    (14)   Then in a southerly direction along the common lot line, which is the east line of Lot 8 and the west line of Lot 9, Block 5, West Chevy Chase Heights subdivision, as shown in Plat Book 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland, crossing a public alley to the northwest corner of Lot 18, Block 5, West Chevy Chase Heights subdivision, as shown in Plat Book 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland;

    (15)   Then in an easterly direction along the north line of Lot 18, Block 5, to the northeast corner of Lot 18, Block 5, West Chevy Chase Heights subdivision, as shown in Plat Book 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland;

    (16)   Then in a southerly direction along the common lot line, which is the east line of Lot 18 and the west line of Lot 19, Block 5, to its intersection with the north right-of-way line of West Virginia Avenue, as shown in Plat Book 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland;

    (17)   Then in an easterly direction along the north right-of-way line of West Virginia Avenue to its intersection with a northern extension of the west lot line of Lot 15, Block 9, West Chevy Chase heights subdivision, as shown in Plat 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland;

    (18)   Then in a southerly direction along that extension, crossing West Virginia Avenue to the northwest corner of Lot 15, Block 9, West Chevy Chase Heights, as shown in Plat Book 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland;

    (19)   Then in a southerly direction along the common lot line, which is the west line of Lot 15 and the east line of Lot 14, to the southwest corner of Lot 15, Block 9, West Chevy Chase Heights subdivision, as shown in Plat Book 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland;

    (20)   Then crossing a 10-foot-wide alley that is dedicated in Plat Book 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland, to the northeast corner of Lot 22, Block 9, West Chevy Chase Heights subdivision, as shown in Plat Book 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland;

    (21)   Then in a southerly direction along the common lot line, which is the east line of Lot 22 and Lot 23, Block 9, West Chevy Chase Heights subdivision, to its intersection with the north right-of-way line of Chase Avenue, as shown in Plat Book 2, Plat 186, recorded April 31, 1916, among the land records of Montgomery County, Maryland;

    (22)   Then crossing Chase Avenue to the northwest corner of Outlot "A," Block 1, Westboro subdivision, as recorded July 12, 1937, in Plat Book 12, Plat 839, among the land records of Montgomery County, Maryland;

    (23)   Then in a southerly direction along the common line, which is the east line of a 20-foot public alley and the west line of Outlot "A," Block 1, Westboro subdivision, to its intersection with the north right-of-way line of Cheltenham Drive, as shown in Plat Book 12, Plat 839, recorded July 12, 1937, among the land records of Montgomery County, Maryland;

    (24)   Then in an easterly direction along the north right-of-way line of Cheltenham Drive to its intersection with the west right-of-way line of Tilbury Street;

    (25)   Then in a southerly direction along the west right-of-way line of Tilbury Street crossing Cheltenham Drive and along an extension of that right-of-way line of Tilbury Street to its intersection with the north line of Rabner's Subdivision, as recorded May 11, 1936, in Plat Book 9, Plat 675, among the land records of Montgomery County, Maryland;

    (26)   Then in an easterly direction along the north line of Rabner's Subdivision to the northeast corner of Lot 6, Rabner's Subdivision, as shown in Plat Book 9, Plat 675, recorded May 11, 1936, among the land records of Montgomery County, Maryland;

    (27)   Then in a southerly direction along the common lot line, which is the east line of Lot 6 and the west line of Lot 7, Rabner's Subdivision, to its intersection with the north right-of-way line of Middleton Lane, as shown in Plat Book 9, Plat 675, recorded May 11, 1936, among the land records of Montgomery County, Maryland;

    (28)   Then in a westerly direction along the north right-of-way line of Middleton Lane to its intersection with a northern extension of the common lot line, which is the east line of Lot 2 and the west line of Lot 3, Mae S. Middleton's Subdivision, as recorded December 31, 1935, in Plat Book 8, Plat 639, among the land records of Montgomery County, Maryland;

    (29)   Then in a southerly direction along the common lot line between Lot 2 and Lot 3, Middleton's Subdivision, as shown in Plat Book 8, Plat 639, recorded December 31, 1935, among the land records of Montgomery County, Maryland, to its intersection with the north line of the George G. Bradley Subdivision, as recorded December 31, 1935, in Plat Book 8, Plat 635, among the land records of Montgomery County, Maryland;

    (30)   Then in a westerly direction along the north line of the George G. Bradley Subdivision to the northwest corner of Lot 5, George G. Bradley Subdivision;

    (31)   Then in a southerly direction along the west line of Lot 5, George G. Bradley Subdivision, to its intersection with the north right-of-way line of Avondale Street, as shown in Plat Book 8, Plat 635, recorded December 31, 1935, among the land records of Montgomery County, Maryland;

    (32)   Then crossing Avondale Street to the northwest corner of Lot 22, George G. Bradley Subdivision, as shown in Plat Book 8, Plat 635, recorded December 31, 1935, among the land records of Montgomery County, Maryland;

    (33)   Then in a southerly direction along the west line of Lot 22 to its intersection with the southern line of the George G. Bradley Subdivision, as shown in Plat Book 8, Plat 635, recorded December 31, 1935, among the land records of Montgomery County, Maryland;

    (34)   Then in an easterly direction along the south line of the George G. Bradley Subdivision to the southeast corner of Lot 14, George G. Bradley Subdivision, which is also the intersection of the east and south lines of the George G. Bradley Subdivision as shown in Plat Book 8, Plat 635, recorded December 31, 1935, among the land records of Montgomery County, Maryland, and also the northeast corner of Parcel A, Waverly House, as recorded November 12, 1976, in Plat Book 101, Plat 11383, among the land records of Montgomery County, Maryland;

    (35)   Then in a southerly direction along the east line of Parcel A, Waverly House, as shown in Plat Book 101, Plat 11383, recorded November 12, 1976, among the land records of Montgomery County, Maryland, to its intersection with the north right-of-way line of East-West Highway;

    (36)   Then in an easterly direction along the north line of East-West Highway to its intersection with the east right-of-way line of Pearl Street;

    (37)   Then in a northerly direction along the east right-of-way line of Pearl Street to its intersection with the northwest corner of Lot 1, Block A, subdivision of part of Charles W. Pafflow's property, as recorded April 24, 1926, in Plat Book 4, Plat 329, among the land records of Montgomery County, Maryland;

    (38)   Then in an easterly direction along the north lot line of Lots 1, 2, 3, and 4 to its intersection with the east line of Block A, as shown in Plat Book 4, Plat 329, recorded April 24, 1926, among the land records of Montgomery County, Maryland;

    (39)   Then in a northerly direction along the east line of Block A to the northeast corner of Block A, as shown in Plat Book 4, Plat 329, recorded April 24, 1926, among the land records of Montgomery County, Maryland;

    (40)   Then in an easterly direction along the north line of the lot recorded by deed dated July 1, 1919, which is part of the boundary of the Bethesda Chevy Chase High School property, to the northwest corner of Lot 1, East-West Apartment site, as recorded August 10, 1957, in Plat Book 60, Plat 4987, among the land records of Montgomery County, Maryland;

    (41)   Then in an easterly direction along the north line of Lot 1 of the East-West Apartment site to its northeast corner, as shown in Plat Book 60, Plat 4987, recorded August 10, 1957, among the land records of Montgomery County, Maryland;

    (42)   Then in a southerly direction along the east line of Lot 1 of the East-West Apartment site to its intersection with the north right-of-way line of East-West Highway, crossing East-West Highway along a southerly extension of that lot line to its intersection with the south right-of-way line of East-West Highway;

    (43)   Then in an easterly direction along the south right-of-way line of East-West Highway crossing Montgomery Avenue to its intersection with the north right-of-way line of the B & O Railroad;

    (44)   Then in a southwesterly direction with the north right-of-way line of the B & O Railroad to its intersection with the east line of Pearl Street;

    (45)   Then in a southerly direction crossing the B & O Railroad right-of-way along an extension of the east right-of-way line of Pearl Street to its intersection with the south right-of-way line of the B & O Railroad;

    (46)   Then in a westerly direction along the south right-of-way line of the B & O Railroad right-of-way to its intersection with the northwest corner of Lot 2, Block L, Section 8-B, Chevy Chase Subdivision, as recorded July 29, 1926, in Plat Book 4, Plat 336, among the land records of Montgomery County, Maryland;

    (47)   Then in a southerly direction along the common lot line, which is the west line of Lot 2 and the east line of Lot 1, Block L, Section 8-B, Chevy Chase Subdivision, as shown in Plat Book 4, Plat 336, recorded July 29, 1926, among the land records of Montgomery County, Maryland, to its intersection with the north right-of-way line of Elm Street;

    (48)   Then in a westerly direction along the north right-of-way line of Elm Street to its intersection with a northerly extension of the west right-of-way line of 47th Street;

    (49)   Then in a southerly direction along that extension crossing Elm Street and continuing in a southerly direction along the west right-of-way line of 47th Street, crossing Willow Lane to the south right-of-way line of Willow Lane;

    (50)   Then in an easterly direction along the south right-of-way line of Willow Lane to its intersection with the west right-of-way line of 46th Street;

    (51)   Then in a southerly direction along the west right-of-way line of 46th Street, crossing Leland Street and Walsh Street to its intersection with the south right-of-way line of Walsh Street;

    (52)   Then in an easterly direction along the south right-of-way line of Walsh Street to its intersection with the west right-of-way line of West Avenue;

    (53)   Then in a southerly direction along the west right-of-way line of West Avenue, crossing Standford Street, to its intersection with the north right-of-way line of Bradley Lane;

    (54)   Then in a westerly direction along the north right-of-way line of Bradley Lane to its intersection with the east right-of-way line of Wisconsin Avenue;

    (55)   Then crossing Wisconsin Avenue to the southeast corner of Lot 3, Block 2, Section 1, Bradley Hills - Bethesda Subdivision, as recorded August 10, 1957, in Plat Book 60, Plat 4990, among the land records of Montgomery County, Maryland;

    (56)   Then in a northwesterly direction along the north right-of-way line of Bradley Boulevard to its intersection with a southern extension of the east right-of-way line of Strathmore Street;

    (57)   Then in a northerly direction along the east right-of-way line of Strathmore Street, crossing Leland Street to the north right-of-way line of Leland Street at the southwest corner of Lot 2, Block 1, Plat of Section One, George P. Sack's Subdivision Bethesda, as recorded November 24, 1931, in Plat Book 5, Plat 435, among the land records of Montgomery County, Maryland;

    (58)   Then in a northerly direction along the common lot line, which is the west line of Lot 2 and the east line of Lot 3, Block 1, George P. Sack's Subdivision, to its intersection with the north line of George P. Sack's Subdivision as shown in Plat Book 5, Plat 435, recorded November 24, 1931, among the land records of Montgomery County, Maryland;

    (59)   Then in a westerly direction along the north line of George P. Sack's Subdivision to the northwest corner of Lot 11, Block 1, George P. Sack's Subdivision, as shown in Plat Book 5, Plat 435, recorded November 24, 1931, among the land records of Montgomery County, Maryland;

    (60)   Then in a westerly direction along the north line of George P. Sack's Subdivision to its intersection with the south right-of-way line of the Metropolitan and Southern Branch of the Baltimore & Ohio Railroad;

    (61)   Then in a westerly direction along the extension of that subdivision line to its intersection with the north right-of-way line of the Metropolitan and Southern Branch of the Baltimore & Ohio Railroad;

    (62)   Then in a southerly direction along the north line of the Metropolitan and Southern Branch of the Baltimore & Ohio Railroad right-of-way, crossing Bradley Boulevard, to its intersection with a southern extension of the west line of Parcel "EYE," Bradley Hills, Section 2, as recorded December 16, 1954, in Plat Book 50, Plat 3893, among the land records of Montgomery County, Maryland;

    (63)   Then in a northerly direction along the west line of Parcel "EYE," Bradley Hills Section 2 Subdivision, to its intersection with the south right-of-way line of Bradley Boulevard, as shown in Plat Book 50, Plat 3893, recorded December 16, 1954, among the land records of Montgomery County, Maryland;

    (64)   Then in a northerly direction, crossing Bradley Boulevard, to the southwest corner of Parcel B, Bradley Hills Subdivision, as recorded December 30, 1948, in Plat Book 25, Plat 1582, among the land records of Montgomery County, Maryland;

    (65)   Then in a northerly direction along the west line of Parcel B, Bradley Hills Subdivision, as shown in Plat Book 25, Plat 1582, recorded December 30, 1948, among the land records of Montgomery County, Maryland, to its intersection with the southern boundary of Miller's Addition to Bethesda Subdivision, as recorded October 23, 1946, in Plat Book 29, Plat 1823, among the land records of Montgomery County, Maryland;

    (66)   Then in a westerly direction along the southern boundary of Miller's Addition to Bethesda Subdivision to its intersection with the east line of Lot Pt 6, Block E, Miller's Addition to Bethesda Subdivision, as recorded by deed dated September 2, 1948, and described as Parcel No. 1 in Liber 1185, Folio 513, among the land records of Montgomery County, Maryland;

    (67)   Then in a northerly direction along the east line of Lot Pt 6, Block E, to its intersection with the south right-of-way line of Bethesda Avenue;

    (68)   Then crossing Bethesda Avenue to the intersection of the north right-of-way line of Bethesda Avenue and the east line of Lot Pt 6, Block D, Miller's Addition to Bethesda Subdivision, as recorded by deed dated September 2, 1948, and described as Parcel No. 2 in Liber 1185, Folio 513, among the land records of Montgomery County, Maryland;

    (69)   Then in a northerly direction along that east line of Lot Pt 6, Block D, Miller's Addition to Bethesda Subdivision, as recorded by deed dated September 2, 1948, and described as Parcel No. 2 in Liber 1185, Folio 513, among the land records of Montgomery County, Maryland, to its intersection with the south line of another Lot Pt 6, Block D, Miller's Addition to Bethesda Subdivision, as recorded by deed dated July 14, 1949, in Liber 1274, Folio 367, among the land records of Montgomery County, Maryland;

    (70)   Then in an easterly direction along the south line of the same Lot Pt 6, Block D, Miller's Addition to Bethesda Subdivision, as recorded by deed dated July 14, 1949, in Liber 1274, Folio 367, among the land records of Montgomery County, Maryland to the southwest corner of Lot Pt 8, Block D, as recorded by deed dated July 14, 1949, in Liber 1274, Folio 367, among the land records of Montgomery County, Maryland;

    (71)   Then in an easterly direction along the south line of the same Lot Pt 8, Block D, to the southeast corner of the same Lot Pt 8, Block D;

    (72)   Then in a northerly direction along the east line of the same Lot Pt 8, Block D, to its intersection with the south right-of-way line of Elm Street;

    (73)   Then in an easterly direction along the south right-of-way line of Elm Street, crossing Arlington Road, to its intersection with the east right-of-way line of Arlington Road;

    (74)   Then in a northerly direction along the east right-of-way line of Arlington Road, crossing Elm Street and Hampden Lane, to its intersection with the north right-of-way line of Hampden Lane;

    (75)   Then in an easterly direction along the north right-of-way line of Hampden Lane to the southeast corner of Lot 9, Block 24D, Edgemoor Subdivision, as recorded June 4, 1935, in Plat Book 7, Plat 573, among the land records of Montgomery County, Maryland, which is also on the west line of a public alley running between Hampden Lane and Montgomery Lane, and also the proposed western right-of-way line for Woodmont Avenue;

    (76)   Then in a northerly direction along the west line of that alley to its intersection with the south right-of-way line of Montgomery Lane;

    (77)   Then crossing Montgomery Lane to the intersection of the north right-of-way line of Montgomery Lane and the west right-of-way line of Woodmont Avenue;

    (78)   Then in a northerly direction along the west right-of-way line of Woodmont Avenue, crossing North Lane and Edgemoor Lane to the south right-of-way line of Middlesex Lane;

    (79)   Then in a westerly and northwesterly direction along the south right-of-way line of Middlesex Lane to its intersection with the south right-of-way line of Moorland Lane;

    (80)   Then in a westerly direction along the south right-of-way line of Moorland Lane to its intersection with the east right-of-way line of Arlington Road;

    (81)   Then in a northerly direction along the east right-of-way line of Arlington Road to its intersection with the southwest right-of-way line of Old Georgetown Road;

    (82)   Then in a northwesterly direction along the southwest right-of-way line of Old Georgetown Road, crossing Arlington Road, to its intersection with the north right-of-way line of Wilson Lane;

    (83)   Then in a westerly direction along the north right-of-way line of Wilson Lane, crossing Cordell Avenue, to its intersection with the west right-of-way line of Cordell Avenue;

    (84)   Then in a northerly direction along the west right-of-way line of Cordell Avenue to its intersection with the common lot line, which is the north line of Lot 5 and the south line of Lot 4, Block L, Section 2, Battery Park Subdivision, as recorded July 24, 1925, in Plat Book 4, Plat 304, among the land records of Montgomery County, Maryland;

    (85)   Then in a westerly direction along the common lot line of Lots 4 and 5 as shown in Plat Book 4, Plat 304, recorded July 24, 1925, among the land records of Montgomery County, Maryland, to its intersection with the east line of Lot 6, Block L, Section 2, Battery Park Subdivision, as shown in Plat Book 4, Plat 304, recorded July 24, 1925, among the land records of Montgomery County, Maryland;

    (86)   Then in a northerly direction along the east line of Lot 6 to the southernmost corner of Lot 21, Block L, Section 2, Battery Park Subdivision, as recorded November 30, 1951, in Plat Book 41, Plat 2973, among the land records of Montgomery County, Maryland;

    (87)   Then in a northwesterly direction along the southwest lines of Lots 21, 20 and 1, Block L, Section 2, Battery Park Subdivision, as shown in Plat Book 41, Plat 2973, recorded November 30, 1951, among the land records of Montgomery County, Maryland, to its intersection with the south right-of-way line of Del Ray Avenue;

    (88)   Then in a westerly direction along the south right-of-way line of Del Ray Avenue to its intersection with the common lot line dividing Lot 16 and Lot 17, Block L, Section 2, Battery Park Subdivision, as recorded August 24, 1923, in Plat Book 3, Plat 261, among the land records of Montgomery County, Maryland;

    (89)   Then crossing Del Ray Avenue to the southwest corner of Lot 8, Block K, Section 2, Battery Park Subdivision, as recorded February 26, 1962, in Plat Book 70, Plat 6614, among the land records of Montgomery County, Maryland;

    (90)   Then in a northerly direction along the west line of Lot 8, Block K, Section 2, Battery Park Subdivision to the southwest corner of Lot 29, Block K, Section 2, Battery Park Subdivision, as shown in Plat Book 70, Plat 6614, recorded February 26, 1962, among the land records of Montgomery County, Maryland;

    (91)   Then in a northwesterly direction along the southern lot lines of Lots 7, 6, and 5, Block K, Section 2, Battery Park Subdivision, as recorded August 24, 1923, in Plat Book 3, Plat 261, among the land records of Montgomery County, Maryland, to the southwest corner of Lot 5, Block K, Section 2, Battery Park Subdivision, as shown in Plat Book 3, Plat 261, recorded August 24, 1923, among the land records of Montgomery County, Maryland;

    (92)   Then in a northwesterly direction along the southern line of Lot 35, Block K, Section 2, Battery Park Subdivision, to its intersection with the southern right-of-way line of Glenbrook Road, as recorded June 6, 1980, in Plat Book 111, Plat 12996, among the land records of Montgomery County, Maryland;

    (93)   Then in a northeasterly direction along the southern right-of-way line of Glenbrook Road to the southwest right-of-way line of Old Georgetown Road;

    (94)   Then crossing Old Georgetown Road to the intersection of the northeast right-of- way line of Old Georgetown Road and the southeast right-of-way line of Glenbrook Road;

    (95)   Then in a northeasterly direction along the southeast right-of-way line of Glenbrook Road to the northeast corner of Lot 1, Block A, Samuel T. Robertsons Addition to Bethesda Subdivision, as recorded January 9, 1930, in Plat Book 5, Plat 407, among the land records of Montgomery County, Maryland;

    (96)   Then in a southeasterly direction along the northeast line of Lots 1 and 2, Block A, Samuel T. Robertsons Addition to Bethesda Subdivision, to its intersection with the southeast boundary line for Samuel T. Robertsons Addition to Bethesda Subdivision, as shown in Plat Book 5, Plat 407, recorded January 9, 1930, among the land records of Montgomery County, Maryland, which is also being the common subdivision boundary with Woodmont Subdivision as recorded November 13, 1894, in Plat Book 1, Plat 4, among the land records of Montgomery County, Maryland;

    (97)   Then in a northeasterly direction along the common subdivision boundary line between Samuel T. Robertsons Addition to Bethesda and Woodmont Subdivisions to its intersection with the southwest right-of-way line of Norfolk Avenue;

    (98)   Then in a northerly direction along the common subdivision boundary line between Samuel T. Robertsons Addition to Bethesda and Woodmont Subdivisions, crossing Rugby Avenue to its intersection with the southern boundary line of Northwest Park Subdivision, as recorded October 10, 1910, in Plat Book 2, Plat 134, among the land records of Montgomery County, Maryland;

    (99)   Then in an easterly direction along the common subdivision boundary line between Northwest Park and Woodmont Subdivisions to its intersection with the westernmost line of Lot 633, Woodmont Subdivision, as recorded October 8, 1982, in Plat Book 119, Plat 14027, among the land records of Montgomery County, Maryland;

    (100)   Then in a northerly direction along the westernmost line of Lot 633, Woodmont Subdivision, to its intersection with the northernmost line of Lot 633, Woodmont Subdivision, as shown in Plat Book 119, Plat 14027, recorded October 8, 1982, among the land records of Montgomery County, Maryland;

    (101)   Then in an easterly direction along the northernmost line of Lot 633, Woodmont Subdivision, to its intersection with the east line of Lot 633, Woodmont Subdivision, which is also the west line of Lot 45, Block 1, Northwest Park Subdivision, as recorded October 10, 1910, in Plat Book 2, Plat 134, among the land records of Montgomery County, Maryland;

    (102)   Then in a southerly direction along the common lot line of Lot 633, Woodmont Subdivision and Lot 45, Block 1, Northwest Park Subdivision, to its intersection with the northern boundary line of the Woodmont Subdivision as shown in Plat Book 2, Plat 134, recorded October 10, 1910, among the land records of Montgomery County, Maryland;

    (103)   Then in an easterly direction along the northern boundary of the Woodmont Subdivision as recorded November 13, 1894, in Plat Book 1, Plat 4, among the land records of Montgomery County, Maryland, to its intersection with the west line of the Montgomery County Public Parking Facility No. 35 site as recorded in Liber 2388, Folio 521;

    (104)   Then in a northerly direction along the west line of Public Parking Facility No. 35 to its intersection with the north line of Public Parking Facility No. 35;

    (105)   Then in an easterly direction along the north line of Public Parking Facility No. 35 to its intersection with the western right-of-way line of Woodmont Avenue;

    (106)   Then in a northerly direction along the western right-of-way line of Woodmont Avenue to its intersection with the southern right-of-way line of Battery Lane;

    (107)   Then in a northerly direction, crossing Battery Lane, to the northern right-of-way line of Battery Lane at the southeast corner of Lot 47, Block 2, Northwest Park Subdivision, as recorded October 10, 1910, in Plat Book 2, Plat 134, among the land records of Montgomery County, Maryland;

    (108)   Then in a northerly direction along the east line of Lot 47, Block 2, Northwest Park Subdivision, which is also the west line of Lot 20, Block 2, Northwest Park Subdivision, to its intersection with the northern boundary line for the Northwest Park Subdivision, as shown in Plat Book 2, Plat 134, recorded October 10, 1910, among the land records of Montgomery County, Maryland;

    (109)   Then in an easterly direction along the northern boundary line of the Northwest Park Subdivision to its intersection with the west right-of-way line of Wisconsin Avenue;

    (110)   Then in an easterly direction, crossing Wisconsin Avenue, to the point of beginning; and

    (111)   Any lot that is partially within and partially outside of the areas under paragraphs (1) through (110).

  (b)   Silver Spring Urban District. The Silver Spring Urban District is all land in the thirteenth election district of the county within the area described as follows:

    (1)   Beginning at a point on the Maryland-District of Columbia boundary line at the intersection of the west right-of-way of Georgia Avenue with the Maryland-District of Columbia boundary line, and running in a northwesterly direction along the Maryland-District of Columbia boundary line, and crossing Sixteenth Street along an extension of that boundary line to its intersection with the west right-of-way line of Sixteenth Street;

    (2)   Then in a northerly direction along the west right-of-way line of Sixteenth Street, crossing East-West Highway to its intersection with a southwesterly extension of the northerly right-of-way line of Spring Street;

    (3)   Then in a northeasterly direction along that extension crossing Sixteenth Street to its intersection with the east right-of-way line of Sixteenth Street;

    (4)   Then in a northeasterly direction along the northern right-of-way line of Spring Street, crossing Second Avenue, First Avenue, Georgia Avenue, and Alton Parkway, then southeasterly to its intersection with the northwest right-of-way line of Fairview Road;

    (5)   Then in a northeasterly direction approximately 390 feet along the northwest right-of-way line of Fairview Road to its intersection with the westward extension of the southwest line of Lots 1 and 2, Block B, Section 4, Woodside Park, as recorded January 30, 1923, in Plat Book 3, Plat 244, among the land records of Montgomery County, Maryland;

    (6)   Then crossing Fairview Road in a southeasterly direction along the southwest line of Lots 1 and 2, Block B, Section 4, Woodside Park, to its intersection with the southwest right-of-way line of Noyes Drive;

    (7)   Then in a southeasterly direction along the southwest right-of-way line of Noyes Drive to its intersection with the northwest right-of-way line of Colesville Road;

    (8)   Then crossing Colesville Road in a southeasterly direction to the intersection of the southeast right-of-way line of Colesville Road and the southwest line of the Silver Spring Public Library site, Parcel No. P959;

    (9)   Then along that line to the southeast right-of-way line of Ellsworth Drive;

    (10)   Then in a southwesterly direction along the southeast right-of-way line of Ellsworth Drive to its intersection with the common line of the Academy of the Holy Names site and the northeast line of Evanswood Sec. 1 Subdivision, also shown as the common lot line of Lot 9 and Lot 10, Evanswood Section One, as recorded March 2, 1932, in Plat Book 5, Plat 439 among the land records of Montgomery County, Maryland;

    (11)   Then in a southeasterly direction along the northeast lot lines of Lots 1 through 9 as shown in Plat Book 5, Plat 439, recorded March 2, 1932, among the land records of Montgomery County, Maryland, crossing Pershing Drive along an extension of that line to its intersection with the southeast right-of-way line of Pershing Drive;

    (12)   Then in a southwesterly direction along the southeast right-of-way line of Cedar Street;

    (13)   Then in a southeasterly direction along the northeast right-of-way line of Cedar Street, crossing Wayne Avenue, to its intersection with the southeast right-of-way line of Wayne Avenue;

    (14)   Then in a southwesterly direction along the southeast right-of-way line of Wayne Avenue for approximately 750 feet, to its intersection with the east lot line of Lot 24, Block 4, in Jordan's and Smith's Addition to Silver Spring Park, as recorded June 2, 1925, in Plat Book 4, Plat 301, among the land records of Montgomery County, Maryland;

    (15)   Then in a southeasterly direction along the east line of Lot 24 to the southeast corner of Lot 24;

    (16)   Then in a southwesterly direction approximately 15 feet to the northeast corner of Lot 14, Block 4, Jordan's and Smith's Addition to Silver Spring Park, as shown in Plat Book 4, Plat 301, recorded June 2, 1925, among the land records of Montgomery County, Maryland;

    (17)   Then in a southeasterly direction along the east line of Lot 14, as shown in Plat Book 4, Plat 301, recorded June 2, 1925, among the land records of Montgomery County, Maryland, to the northwest right-of-way line of Bonifant Street;

    (18)   Then in a southerly direction crossing Bonifant Street to the intersection of the southeastern right-of-way line of Bonifant Street and the northeast corner of Lot 5, Block U, Silver Spring Park, as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland, which is also the same as the northeast corner of Montgomery County Public Parking Facility 29;

    (19)   Then in a southerly direction along the common lot line, which is the east line of Lot 5 and the west line of Lot 6 as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland, crossing Easley Street along the southern extension of that line to its intersection with the south right-of-way line of Easley Street;

    (20)   Then in a westerly direction along the south right-of-way line of Easley Street approximately 50 feet to its intersection with the common lot line, which is the west line of Lot 7 and the east lot line of Lot 28, Block P, Silver Spring Park, as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland;

    (21)   Then in a southerly direction along the common line of Lot 7 and Lot 28, Block P and the common line of Lot 18 and Lot 19, Block P, Silver Spring Park, as shown in Plat Book 1, Plat 99, recorded April 4, 1909, among the land records of Montgomery County, Maryland, crossing Thayer Avenue to the intersection of the south right-of-way line of Thayer Avenue and the common lot line which is the east lot line of Lot 5 and the west lot line of Lot 6, Block G, as shown on a "Map of Building Sites for Sale at Silver Spring," as recorded May 23, 1904, in Plat Book 1, Plat 54, among the land records of Montgomery County, Maryland;

    (22)   Then in a southerly direction along the common lot line of Lot 5 and Lot 6, Block G, and with an extension of that line to the south right-of-way line of a 20-foot alley dividing Block G and Block H, as shown on the "Map of Building Sites for Sale at Silver Spring;"

    (23)   Then in a westerly direction approximately 50 feet along the south line of that alley to its intersection with the common lot line, which is the east line of Lot 4 and the west line of Lot 5, Block H, as shown on the "Map of Building Sites for Sale at Silver Spring;"

    (24)   Then in a southerly direction along the common lot line of Lot 4 and Lot 5, Block H, to its intersection with the northern right-of-way line of Silver Spring Avenue;

    (25)   Then crossing Silver Spring Avenue to the intersection of the southern right-of- way line of Silver Spring Avenue and the common lot line, which is the east line of Lot 4 and the west line of Lot 5, Block I, as shown on the "Map of Building Sites for Sale at Silver Spring;"

    (26)   Then in a southerly direction along the common lot line of Lot 4 and Lot 5, Block I, crossing a 20-foot alley dividing Block I and Block J, as shown on the "Map of Building Sites for Sale at Silver Spring," to its intersection with the south right-of-way line of that alley and the common lot line, which is the east line of Lot 4 and the west line of Lot 5, Block J, as shown on the "Map of Building Sites for Sale at Silver Spring;"

    (27)   Then in a southerly direction along the common lot line of Lot 4 and Lot 5, Block J, to its intersection with the northern right-of-way line of Sligo Avenue;

    (28)   Then along a southern extension of that common lot line of Lot 4 and Lot 5, Block J, to its intersection with the southern right-of-way line of Sligo Avenue;

    (29)   Then in a northwesterly direction along the southern right-of-way line of Sligo Avenue to its intersection with the northeast corner of Lot 19, Block A, shown on a plat of Blair Section 1, recorded June 7, 1922, in Plat Book 3, Plat 229 among the land records of Montgomery County, Maryland;

    (30)   Then in a southerly direction along the east line of Lot 19, Block A, to its intersection with the remainder of Lot 25, Block A, as shown on the plat of Blair Section 1, recorded June 7, 1922, in Plat Book 3, Plat 229, among the land records of Montgomery County, Maryland;

    (31)   Then in an easterly direction approximately 15 feet to its intersection with the northwest corner of Lot 51, Block A, as shown on a plat of Blair Section 1, recorded November 16, 1935, in Plat Book 8, Plat 626, among the land records of Montgomery County, Maryland;

    (32)   Then in a southerly direction along the west line of that Lot 51 to its intersection with the northern right-of-way line of Gist Avenue;

    (33)   Then along a southerly extension of the west line of that Lot 51 to the southern right-of-way line of Gist Avenue;

    (34)   Then in a westerly direction along the southern right-of-way line of Gist Avenue to its intersection with the eastern right-of-way line of Fenton Street;

    (35)   Then in a southerly direction along the eastern right-of-way line of Fenton Street crossing Philadelphia Avenue, Isington Street, and New York Avenue to its intersection with the corporated limit line of the City of Takoma Park;

    (36)   Then in a southwesterly direction with the corporate limit line of the City of Takoma Park crossing the northeast right-of-way line of the B & O Railroad to its intersection with the southwest right-of-way line of the B & O Railroad;

    (37)   Then in a southeasterly direction with the southwest right-of-way line of the B & O Railroad to its intersection with the northeast right-of-way line of Blair Road;

    (38)   Then in a northwesterly direction along the northeast right-of-way line of Blair Road to its intersection with an extension of the southeast line of Parcel One, Yost's Addition to Silver Spring, as shown in Plat Book 85, Plat 8874, recorded March 13, 1968, among the land records of Montgomery County, Maryland;

    (39)   Then in a southwesterly direction along that line to its intersection with the northeast line of Eastern Avenue, which is also the Maryland-District of Columbia boundary line;

    (40)   Then in a northwesterly direction along the Maryland-District of Columbia boundary line to the point of beginning; and

    (41)   Any lot that is partially within and partially outside of the areas under paragraphs (1) through (40).

  (c)   Wheaton Urban District. The Wheaton Urban District is all land in the thirteenth election district of the county within the area described as follows:

    (1)   Beginning on the west right-of-way line of Amherst Avenue at the southeast corner of Parcel A, Wheaton Place, as recorded February 26, 1965, in Plat Book 77, Plat 7696, among the land records of Montgomery County, Maryland;

    (2)   Then in a westerly direction along the south line of the same Parcel A to its intersection with the east right-of-way line of Georgia Avenue, as shown in Plat Book 77, Plat 7696, recorded February 26, 1965, among the land records of Montgomery County, Maryland;

    (3)   Then crossing Georgia Avenue along a westerly extension of the south line of the same Parcel A to its intersection with the west right-of-way line of Georgia Avenue;

    (4)   Then in a northerly direction along the west right-of-way line of Georgia Avenue to its intersection with the southern line of Parcel 4, Wheaton Plaza, as recorded August 11, 1960, in Plat Book 66, Plat 6037, among the land records of Montgomery County, Maryland;

    (5)   Then in a westerly and then northerly direction along the southern and western lines of Parcel 4, Wheaton Plaza, to its intersection with the south right-of-way line of University Boulevard West, as shown in Plat Book 66, Plat 6037, recorded August 11, 1960, among the land records of Montgomery County, Maryland;

    (6)   Then crossing University Boulevard West to the southwest corner of Lot Pt 8, Block G, Kensington View subdivision, as recorded July 10, 1925, in Plat Book 4, Plat 303, among the land records of Montgomery County, Maryland, which is also the northeast intersection of University Boulevard West and Midvale Road;

    (7)   Then in a northerly direction along the west line of the same Lot Pt 8 to its intersection with the north line of the same Lot Pt 8;

    (8)   Then in an easterly direction along the north lines of Lots 1 through 8, Block G, Kensington View, to its intersection with the west line of East Avenue, as shown in Plat Book 4, Plat 303, recorded July 10, 1925, among the land records of Montgomery County, Maryland;

    (9)   Then in a northerly direction along the west line of East Avenue, crossing Upton Drive and Kensington Boulevard to the north line of Kensington Boulevard;

    (10)   Then in an easterly direction along the north line of Kensington Boulevard, including its planned extension, to its intersection with the west line of Viers Mill Road;

    (11)   Then crossing Viers Mill Road to the west corner of Lot 1, Block B, Triangle Park as shown in Plat Book No. 4, on Plat No. 338, recorded among the land records of Montgomery County, Maryland;

    (12)   Then with the southerly side of Kensington Boulevard in an easterly direction and crossing Wheaton Hill Road to a point on the easterly side of the same Wheaton Hill Road, which is also the north corner of Lot 16, Block A, as shown on the plat of Triangle Park in PlatBook 4, on Plat No. 338, recorded among the land records of Montgomery County, Maryland;

    (13)   Then running with the easterly side of Wheaton Hill Road northeast to the south side of Blueridge Avenue, which is also the P.T. of Fillet curve No. 4 and generally the northwest corner of Lot 1, Block 44, as shown on Plat No. 9, Wheaton Hills, recorded in Plat Book 32, on Plat 2058, among the land records of Montgomery County, Maryland;

    (14)   Then with the southerly side of Blueridge Avenue, with the arc of a curve to the left in a general easterly direction, to the east side of Grandview Avenue;

    (15)   Then with the east side of Grandview Avenue north to the common front corner of Lots 19 and 20, Block 27, as shown on Plat No. 9, Wheaton Hills, recorded in Plat Book 32, on Plat 2058, among the land records of Montgomery County, Maryland;

    (16)   Then leaving the east side of Grandview Avenue and running with the dividing line of the same Lots 19 and 20, and Lots 9 and 10, Block 27, as shown on Plat No. 9, Wheaton Hills, recorded in Plat Book 32, on Plat 2058, among the land records of Montgomery County, Maryland, east to the west side of Georgia Avenue;

    (17)   Then with the west side of Georgia Avenue and running south, approximately 200 feet;

    (18)   Then leaving the west side of Georgia Avenue, crossing Georgia Avenue, and running east with the northerly subdivision limits of Villa Verde Subdivision as shown in Plat Book No. 4, on Plat No. 388, recorded among the land records of Montgomery County, Maryland, to the northeast corner of Lot 8, Villa Verde;

    (19)   Then in a southerly direction along the east line of the same Lot 8, Villa Verde, and crossing Blueridge Avenue to the intersection of the extension of the east line of Lot 8, Villa Verde and the south line of Blueridge Avenue;

    (20)   Then along the south line of Blueridge Avenue to approximately 125 feet east of the east line of Amherst Avenue, which is a point on the dividing line between Lot 1, Block 1, Wheaton Manor, and the property occupied by Columbia Broadcasting Company as shown in Plat Book 45, on Plat No. 3390, recorded among the land records of Montgomery County, Maryland;

    (21)   Then in a southerly direction along that line to its intersection with the northerly line of Lot 3, Block 1, Wheaton Manor;

    (22)   Then in an easterly direction along that northerly line of Lot 3, Block 1, Wheaton Manor, to its intersection with the easterly line of the same Lot 3, Block 1;

    (23)   Then in a southerly direction along that easterly line of Lot 3, Block 1 to the intersection of the extension of that line with the southerly line of University Boulevard West (formerly Old Bladensburg Road);

    (24)   Then in a northeasterly direction along that southerly line of University Boulevard West to its intersection with the west line of Amherst Avenue (formerly Vernosia Place);

    (25)   Then in a southerly direction along that west line of Amherst Avenue, crossing Reedie Drive and Prichard Road to the point of beginning; and

    (26)   Any lot that is partially within and partially outside of the areas under paragraphs (1) through (25).

  (c)   The Friendship Heights Urban District is all the land within the area described as follows:

    (1)   Beginning at the centerline intersection of Belmont Avenue and Oliver Street;

    (2)   Then in a southeasterly direction along the centerline of Belmont Avenue until the centerline intersection of Belmont Avenue and Park Street;

    (3)   Then in a southeasterly direction continuing along the right of way for Belmont Avenue Trail;

    (4)   Then in a northeasterly direction continuing along the right of way for Belmont Avenue Trail;

    (5)   Then in a southeasterly direction to the westernmost corner of Lot 20, Block 5 on Plat 349, recorded among the land records of Montgomery County, Maryland;

    (6)   Then in a southeasterly direction to the southernmost corner of Lot 8, Block 5 on Plat 349, recorded among the land records of Montgomery County, Maryland;

    (7)   Then in a southeasterly direction to the centerline of Western Avenue;

    (8)   Then in a southwesterly direction along the centerline of Western Avenue;

    (9)   Then in a northwesterly direction to the southernmost corner of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (10)   Then in a southwesterly direction along the western boundary of Parcel A on Plat 7074, recorded among the land records of Montgomery County Maryland;

    (11)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (12)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (13)   Then in a northeasterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (14)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (15)   Then in a southwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (16)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (17)   Then in a northeasterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (18)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (19)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (20)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (21)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (22)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (23)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (24)   Then in a northeasterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (25)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (26)   Then in a southwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (27)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (28)   Then in a northeasterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (29)   Then in a northwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (30)   Then in a southwesterly direction along the western boundary of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (31)   Then in a northwesterly direction to the westernmost corner at the Willard Avenue right of way of Parcel A on Plat 5074, recorded among the land records of Montgomery County, Maryland;

    (32)   Then in a northwesterly direction to the centerline of the Willard Avenue right of way;

    (33)   Then in a northeasterly direction along the centerline of the Willard Avenue right of way;

    (34)   Then in a northeasterly direction along the centerline of the Willard Avenue right of way to the intersection of North Park Avenue;

    (35)   Then in a southeasterly direction along the centerline of the Willard Avenue right of way to the intersection of Friendship Boulevard;

    (36)   Then in a northeasterly direction along the centerline of Friendship Boulevard;

    (37)   Then in a northwesterly direction along the centerline of Friendship Boulevard to the intersection of South Park Avenue;

    (38)   Then in a northeasterly direction along the centerline of South Park Avenue to the intersection of The Hills Plaza;

    (39)   Then in a northwesterly direction along the centerline of The Hills Plaza;

    (40)   Then in a northeasterly direction to the northernmost corner of Lot 20, Block 1 of Plat 8963;

    (41)   Then in a northeasterly direction to the centerline of Wisconsin Avenue;

    (42)   Then in a northwesterly direction along the centerline of Wisconsin Avenue to the centerline intersection of Oliver Street;

    (43)   Then in a northeasterly direction along the centerline of Oliver Street to the point of beginning; and

    (44)   Any lot that is partially within and partially outside of the areas under paragraphs (1) through (44).

**Sec. 68A-9. Urban District Corporations.**

  (a)   General. An urban district corporation may be created under this Section for the benefit of each urban district.  An urban district corporation created under this Section is a public instrumentality of the County and is a commercial district management authority for that urban district.  An urban district corporation is not within the Executive or Legislative branches of County government, is separate and distinct from the County, and is an independent entity.  To the extent not inconsistent with this Section or Article 25A, Section 5(FF) of the Maryland Code, an urban district corporation may exercise all powers and is subject to all requirements applicable to non-stock corporations under the Corporations and Associations Article of the Maryland Code.  An urban district corporation performs tasks of benefit to the government.

  (b)   Services.  An urban district corporation may provide the following services to benefit residents and businesses in the district (and which may incidentally benefit neighboring communities):

    (1)   promotion, organization, and support of cultural, recreational, and business activities;

    (2)   specialized transportation services, including jitney service;

    (3)   subject to Section 68A-3, enhancement and maintenance of streetscape and provision of additional streetscape amenities; and

    (4)   other initiatives to advance the business and residential environment and sense of community through such measures as enhanced security, coordination of retail marketing and signage, facade improvements, business retention services, community initiatives, and similar activities.

    A Corporation may provide a service outside the boundaries of an urban district if the service will primarily benefit businesses or residents in the urban district.  A Corporation may also provide any authorized service to another Corporation or urban district.

  (c)   Creation.

    (1)   An urban district corporation may be created by the adoption of a resolution by the County Council that is approved by the County Executive or, if disapproved by the Executive, is readopted by a vote of 6 Councilmembers.  The public must be given at least 30 days to comment on the proposed articles of incorporation and by-laws before the Council adopts the resolution.  The resolution must approve articles of incorporation that state the:

      a.   name of the corporation;

      b.   names, addresses, and terms of office of the first directors of the corporation;

      c.   location of the principal office of the corporation;

      d.   purposes for which the corporation is formed; and

      e.   powers of the corporation, subject to the restrictions or limitations on the powers of the corporation in this Section and in Article 25A, Section 5(FF) of the Maryland Code.

    (2)   The resolution adopted under paragraph (1) must also approve proposed by-laws for the corporation that include provisions required under Section 68A-10(h).

    (3)   The County Executive, or any other person designated in the resolution adopted under paragraph (1), must execute and file the articles of incorporation for recording with the State Department of Assessments and Taxation. When the articles of incorporation are accepted for recording by the Department of Assessments and Taxation, the corporation becomes a body corporate, lawfully and properly created and authorized to exercise its powers.

    (4)   The County Council may amend the articles of incorporation by adopting a resolution approved by the County Executive or, if the resolution is disapproved by the Executive, readopting it by a vote of 6 Councilmembers.  Any amendment must be filed and recorded with the State Department of Assessments and Taxation.  A copy of the articles of incorporation and any amendment must be filed with the County Executive.

**Sec. 68A-10. Board of Directors of Corporation; Employees; Other Organizational Matters.**

  (a)   Appointment and Confirmation of Board of Directors. Except as otherwise provided in the resolution creating an urban district corporation, the board of directors of the corporation has 11 members.  Members are appointed by the County Executive and confirmed by the County Council.  The County Executive must appoint the members of the board of directors so that:

    (1)   an ex-officio, nonvoting member is the County Executive or the Executive's designee;

    (2)   2 members are persons nominated by the chamber of commerce of that urban district;

    (3)   3 members are, or represent, owners of an optional method development;

    (4)   one member is an owner, partner, proprietor, or corporate officer of a small business;

    (5)   one member lives in the urban district;

    (6)   one member lives in a residential community outside of, but in close proximity to, the urban district, who must be appointed by the County Executive from among three candidates nominated by the County Council;

    (7)   one member lives in a residential community within the planning area in which the urban district is located and is nominated by the citizens advisory board serving that area after the board has solicited interest from the public and interviewed potential nominees; and

    (8)   one member is a resident member of the citizen advisory board who is nominated by the board, or if no member of the board is able to serve, a resident of the planning area in which the urban district is located who is nominated by the citizens advisory board.

  (b)   Rejection of nominations to board of directors. The County Executive may reject any person nominated to serve on the board of directors and request additional nominations from the body that nominated the person.

  (c)   Term; Removal.

    (1)   Each member of the board of directors serves for a period of 3 years.  However, when the board of directors is first formed, any member of the district's Urban District Advisory Committee who consents to do so serves as a member of the board for the remainder of that person's term.

    (2)   The County Executive may reappoint a member to the board of directors for one additional term, but a member must not serve more than 2 consecutive terms on the board.

    (3)   The County Executive may remove a member of the board of directors for malfeasance, misfeasance, or nonfeasance or other reason specified in the bylaws for the corporation.

  (d)   Duties. The board of directors directs all aspects of the program, management, and finances of the corporation.

  (e)   Compensation; Relation to County retirement system.

    (1)   A member of the board of directors serves without compensation.

    (2)   A member of the board of directors is not eligible to receive benefits under the County retirement system for service rendered as a board member.

  (f)   Procedures, attendance, and ethics.

    (1)   The board of directors may establish its own rules of procedure.  These rules may be included in the bylaws of the corporation.  The board may adopt a rule that allows for removal of a member by the County Executive, upon recommendation of the board, because of failure to attend meetings or other reasons.

    (2)   A member of the board of directors is not subject to Chapter 19A (Ethics) but must comply with all bylaws pertaining to ethical conduct by the board of directors approved by the County Council and County Executive under subsection (g).

  (g)   Bylaws.

    (1)   At the organization meeting of the board of directors required under Section 2- 109 of the Corporations and Associations Article of the Maryland Code, the board must adopt the bylaws approved by the County Council and Executive under Section 68A-9.  Any later amendment to the bylaws must be submitted to the County Council and County Executive for approval at least 60 days before the board of directors takes final action on the amendment.  All bylaws must be filed with the County Executive within 5 working days of adoption.

    (2)   The bylaws may contain any provision not inconsistent with law or the articles of incorporation of the corporation to regulate and manage the affairs of the corporation.  The bylaws must contain provisions that:

      a.   protect against any conflict of interest or similar impropriety by members of the board of directors or the Executive Director or any other employees, including self-dealing and collusive practices.  This requirement includes a provision for the disclosure of a financial or similar interest of any person in any matter before the corporation and the establishment of conditions under which that person is disqualified from participating in decisions or other actions in which there is a conflict between the person's official duties and private interests.  Appropriate remedies against violation, including removal or termination must be provided;

      b.   provide for competitive procurement for goods and services with reasonable public notice;

      c.   provide for surety bonds or similar instruments to protect against misappropriation of funds by employees of the corporation responsible for the handling of corporation funds;

      d.   specify how the corporation will comply with the state open meetings law and, in addition, provide that all meetings of the board of directors must be open to the public except when closed on a recorded vote of the board for a reason expressly listed in the bylaws; and

      e.   specify how the corporation will comply with the state public records law.

  (h)   Committees. The board of directors should be supported by committees, each chaired by a board member, which oversee the management and other functions of the corporation.  Membership on committees must be open to persons other than board members.

  (i)   Executive director; agents and employees. The board of directors should engage an executive director with substantial experience managing downtown districts or in a related field.  The board may employ, or contract with, other persons to assist in carrying out the corporation's functions.  An employee of the corporation is not a County employee under Chapter 33 (Personnel) nor a public employee for purposes of Chapter 19A (Ethics).  An employee must not participate in or receive benefits from the County retirement system for service as an employee with the corporation.

  (j)   Insurance. An urban district corporation must secure reasonable and appropriate insurance for its activities.  The corporation and its employees are eligible to participate in the County's comprehensive insurance and self insurance programs in accordance with Section 20-37.

  (k)   Publicity. An urban district corporation may publicize its activities through newsletters or other media.  It may sell advertising in its publications.

**Sec. 68A-11. Urban District Corporation-Powers.**

  (a)   Powers. To further its statutory purposes, but subject to the limitations in subsection (b), an urban district corporation may:

    (1)   acquire, hold, and use both real and personal property and other property rights necessary to achieve its purposes, including acquisition by purchase or lease;

    (2)   make contracts, including employment contracts and contracts for goods and services;

    (3)   sue and be sued;

    (4)   accept grants, gifts, or other contributions;

    (5)   establish commercial bank accounts, with any earnings on funds inuring to the corporation; and

    (6)   take other necessary or convenient actions.

  (b)   Limitations. An urban district corporation must not:

    (1)   pledge the full faith and credit of the County;

    (2)   issue bonds or notes;

    (3)   exercise any police or general power of the County, except those expressly authorized by law;

    (4)   exercise the power of eminent domain;

    (5)   lease any property as tenant for a term of years beyond the date of termination of the corporation;

    (6)   purchase, sell, construct, or, as a landlord, lease office or retail space; or

    (7)   except as otherwise authorized under this Chapter, compete with the private sector.

  (c)   Maintenance agreements. An urban district corporation and an optional method developer may enter into an agreement for:

    (1)   the corporation to maintain streetscape amenities on private or public property; or

    (2)   an optional method developer to maintain streetscape amenities on public rights- of-way.

  (d)   Applicability of County Procurement Policies.

    (1)   The requirements of Chapter 11B (Procurement) do not apply to procurement by an urban district corporation.  However, the corporation must make a good faith effort to meet the minority, female, and disabled business procurement goals that apply to County government under Chapter 11B.  Similarly, the corporation must make a good faith effort to achieve procurement goals for the purchase of recycled goods that apply to County government under Chapter 11B.  The corporation must submit a report to the Chief Administrative Officer by September 1 of each year describing achievement of those goals in the prior fiscal year.

    (2)   An urban district corporation should participate in the County cooperative purchasing program to the fullest extent possible.  To the extent practicable and cost effective, the corporation must utilize the County's centralized purchasing system by purchasing goods under County requirement contracts with vendors or using existing County inventories.

  (e)   County not liable; Suits by corporation against County prohibited; styling of suits by or against the corporation; County Attorney.

    (1)   The County is not liable, in contract or tort, for any obligation, act, or omission of an urban district corporation or its agents or employees.  Any contract executed by an urban district corporation must state that the County is not liable for any obligation of the corporation under the contract.

    (2)   An urban district corporation must not sue the County as plaintiff.

    (3)   As a commercial district management authority, each corporation is a "local government" as that phrase is used in the Local Government Tort Claims Act. A lawsuit brought by or against an urban district corporation must name the urban district and the corporation as follows: "(geographic area) Urban District Corporation for the benefit of the (geographic area) urban district, a special taxing district of Montgomery County, Maryland."  The special taxing district should be considered the real party in interest under Maryland Rules of Procedure and for purposes of the Local Government Tort Claims Act.

    (4)   The County Attorney is the legal advisor to each urban district corporation and must be notified of any legal action brought by or against the corporation.  This paragraph does not prohibit a corporation from hiring additional legal counsel approved by the County Attorney.

**Sec. 68A-12. Urban District Corporations-Budget, Finances, and Administration.**

  (a)   Budget preparation, review, and action.

    (1)   Each urban district corporation must annually prepare and submit a budget to the Office of Management and Budget for review in accordance with the procedures and schedule established by the Office of Management and Budget.

    (2)   The Office of Management and Budget should meet with the board of directors to attempt to resolve any area of disagreement.

    (3)   The County Council considers and acts on the County Executive's recommended budget for the urban district corporation in accordance with the budget adoption procedures of the County Charter.  The Council may consider any non-County funding available to the corporation in deciding the amount of County funding to approve.  Unencumbered County funds estimated to remain in the corporation at the end of the fiscal year must be applied to the next annual corporation budget approved by the Council.

  (b)   Distribution; use of urban district funds.

    (1)   After the County Council has approved the urban district's budget, the Director of Finance must transfer those monies appropriated for use by an urban district corporation to the corporation in accordance with Section 11B-42(d)*.  The transfer of funds to, and expenditure of funds by, the corporation is subject each year to the execution of an agreement between the County and the urban district corporation.  This Chapter and any agreement executed under this subsection do not create or imply any continuing right of a corporation to public funding.  The County in its discretion may terminate or refuse to renew any such agreement at the end of any fiscal year.

  * Editor’s note—Chapter 11B was amended.  See Sec. 11B-14(a)(4).

    (2)   An urban district corporation must use funds transferred under this Section only:

      a.   for the urban district from which they are obtained;

      b.   for the purposes of the urban district as set forth in this Chapter; and

      c.   in accordance with its articles of incorporation and bylaws and the agreement between the corporation and the County.

    (3)   The agreement between the County and the urban district corporation may provide for the County to provide goods or services to the corporation.

  (c)   Start-up funding. Any start-up funding that cannot be accommodated in the normal County budget cycle may be funded by a supplemental or emergency appropriation in accordance with law.

  (d)   Annual report and audit. An urban district corporation must maintain its books, accounts, and records and file with the Director of Finance an annual report.  The books, accounts, and records must be open to inspection by the County during reasonable working hours. The corporation must also provide the County an annual independent audit by a certified public accountant, including a copy of any accompanying management letter.  The time for submission of the annual report and audit must be stated in the agreement between the urban district corporation and the County.

  (e)   Evaluation. At least one year before an urban district corporation is scheduled to terminate under Section 68A-12, the Office of Legislative Oversight must evaluate the performance of the corporation.  This evaluation should include a survey of property owners, businesses, and residents located in and around the urban district served by the corporation.

**Sec. 68A-13. Termination of Urban District Corporation; Dissolution.**

  (a)   Except as provided in subsection (b), an urban district corporation exists for 5 years after its articles of incorporation are accepted for recording by the State Department of Assessments and Taxation.

  (b)   The existence of an urban district corporation may be extended for an unlimited number of additional 5-year terms by a resolution adopted by the County Council and approved by the County Executive or, if disapproved by the Executive, by a vote of 6 Councilmembers. Amended articles of incorporation must be filed and recorded with the State Department of Assessments and Taxation.  A copy of the amended articles of incorporation must be filed with the County Executive.

  (c)   When an urban district corporation terminates, all contracts and services must terminate unless expressly assumed and maintained by the County.  The County must then maintain any property it would otherwise maintain but for the existence of the corporation.

  (d)   Dissolution of an urban district corporation is governed by Section 5-208 of the Corporations and Associations Article of the Maryland Code.  Any assets remaining after all liabilities and obligations of the corporation are satisfied must be distributed to the County.

  (e)   Notwithstanding subsection (a) or (b), an urban district corporation may be terminated at any time after adoption of a resolution by the County Council that is approved by the County Executive or, if disapproved by the Executive, is readopted by a vote of 6 Councilmembers if the urban district corporation has been operated in an ultra vires manner, or in the event of misfeasance, malfeasance, or nonfeasance by the board of directors.  Termination and dissolution is governed by subsections (c) and (d).

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 68B. Noise Abatement Tax Districts.

**Sec. 68B-1. Definitions.**

  For purposes of this Chapter, the following terms have the meaning indicated:

  (a)   I-495 project means the widening of Interstate Route 495 between Bradley Boulevard and the American Legion Memorial Bridge.

  (b)   District means a tax district created under Section 68B-3.

**Sec. 68B-2. Findings; General Intent.**

  (a)   The State Highway Administration has widened Interstate Route 495 between Bradley Boulevard and the American Legion Memorial Bridge in Montgomery County from 6 lanes to 8 lanes.

  (b)   The I-495 project does not include adequate noise abatement measures to protect the properties in the districts from the harmful effects of the projected increase in road noise.

  (c)   The I-495 project will substantially increase the noise level for the residents of the dwelling units in the districts. This increased noise may be harmful to the health of the residents of these units.

  (d)   Noise abatement projects such as the construction of noise barriers will substantially reduce the noise from the I-495 project and thereby protect the health and general welfare of the residents of the districts. The barriers will also promote public safety for residents of the districts.

  (e)   Creation of the districts is necessary to fund construction of a noise abatement project.

**Sec. 68B-3. Creation of Noise Abatement Tax Districts; Boundaries.**

  (a)   Cabin John Noise Abatement Tax Districts. The Cabin John Noise Abatement Tax District consists of the following real property presently described in the Carderock Spring subdivision recorded in Plat Book No. 100, Plats 11210 and 11211:

    (1)   Block R, Lot 104, 8000 Thornley Court, Parcel I.D. 10-8-1737326;

    (2)   Block R, Lot 103, 8002 Thornley Court, Parcel I.D. 10-8-1737315;

    (3)   Block R, Lot 102, 8004 Thornley Court, Parcel I.D. 10-8-1737053;

    (4)   Block R, Lot 101, 8006 Thornley Court, Parcel I.D. 10-8-1737042;

    (5)   Block R, Lot 100, 8008 Thornley Court, Parcel I.D. 10-8-1737031;

    (6)   Block R, Lot 99, 8010 Thornley Court, Parcel I.D. 10-8-1737020;

    (7)   Block R, Lot 98, 8012 Thornley Court, Parcel I.D. 10-8-1737018;

    (8)   Block R, Part of Lot 97, 8014 Thornley Court, Parcel I.D. 10-8-1737007;

    (9)   Block R, Part of Lot 96, 8016 Thornley Court, Parcel I.D. 10- 8-1736993;

    (10)   Block R, Part of Lot 95, 8018 Thornley Court, Parcel I.D. 10-8-874013;

    (11)   Block R, Part of Lot 93, Part of Lot 94, and Part of Lot 95, 8020 Thornley Court, Parcel I.D. 10-8-874002;

    (12)   Block R, Part of Lot 92 and Part of Lot 93, 8025 Thornley Court, Parcel I.D. 10- 8-855500;

    (13)   Block R, Part of Lot 105 and Part of Lot 106, 7710 Seven Locks Road, Parcel I.D. 10-8-1737348;

    (14)   Block R, Part of Lot 105 and Part of Lot 106, 7714 Seven Locks Road, Parcel I.D. 10-8-1737337; and

    (15)   Block R, Lot 80, 8001 Thornley Court (also known as 7722 Seven Locks Road), Parcel I.D. 10-8-1737372.

  (b)   Bradley Noise Abatement Tax District. The Bradley Noise Abatement Tax District consists of the following real property presently described in Arrowood subdivision recorded in Plat Book No. 69, Plat 6466; Plat Book No. 103, Plat 11715; Plat Book No. 109, Plat 12714; and Burning Tree Estates subdivision recorded in Plat Book No. 73 Plat 7043; Plat Book No. 65, Plat 5833; Plat Book No. 65, Plat 5838; and Plat Book No. 80, Plat 8195:

    (1)   Block A, Lot 1, 9100 Kittery Lane, Arrowood Subdivision, Parcel I.D. 7-501- 429806;

    (2)   Block A, Lot 2, 9102 Kittery Lane, Arrowood Subdivision, Parcel I.D. 7-501- 438630;

    (3)   Block A, Lot 3, 9104 Kittery Lane, Arrowood Subdivision, Parcel I.D. 7-501- 433477;

    (4)   Block A, Lot 4, 9106 Kittery Lane, Arrowood Subdivision, Parcel I.D. 7-501- 424234;

    (5)   Block A, Lot 5, 9108 Kittery Lane, Arrowood Subdivision, Parcel I.D. 7-501- 428994;

    (6)   Block A, Lot 6, 9110 Kittery Lane, Arrowood Subdivision, Parcel I.D. 7-501- 425091;

    (7)   Block A, Part of Lot 24, 7324 Bradley Blvd., Arrowood Subdivision, Parcel I.D. 7-501-1802154;

    (8)   Block A, Lot 23, 7328 Bradley Blvd., Arrowood Subdivision, Parcel I.D. 7-501- 1802143;

    (9)   Block A, Lot 22, 7332 Bradley Blvd., Arrowood Subdivision, Parcel I.D. 7-501- 1802132;

    (10)   Block A, Lot 26, 7400 Bradley Blvd., Arrowood Subdivision, Parcel I.D. 7-501- 1959192;

    (11)   Block A, Lot 25, 7404 Bradley Blvd., Arrowood Subdivision, Parcel I.D. 7-501- 1959181;

    (12)   Block 13, Lot 29, 7405 Arrowood Road, Burning Tree Estates, Parcel I.D. 7- 127-687715;

    (13)   Block 13, Lot 28, 7409 Arrowood Road, Burning Tree Estates, Parcel I.D. 7- 127-687486;

    (14)   Block 13, Lot 27, 7411 Arrowood Road, Burning Tree Estates, Parcel I.D. 7- 127-687431;

    (15)   Block 13, Lot 26, 7413 Arrowood Road, Burning Tree Estates, Parcel I.D. 7- 127-687156;

    (16)   Block 13, Lot 25, 7417 Arrowood Road, Burning Tree Estates, Plat Book No. 65, Plat 5833, Parcel I.D. 7-127-687134;

    (17)   Block 13, Lot 24, 7421 Arrowood Road, Burning Tree Estates, Plat Book No. 65, Plat 5833, Parcel I.D. 7-127-687590;

    (18)   Block 13, Lot 23, 7425 Arrowood Road, Burning Tree Estates, Plat Book No. 65, Plat 5833, Parcel I.D. 7-127-687260;

    (19)   Block 13, Lot 22, 7429 Arrowood Road, Burning Tree Estates, Parcel I.D. 7- 127-687123;

    (20)   Block 13, Lot 21, 7431 Arrowood Road, Burning Tree Estates, Parcel I.D. 7- 127-687145;

    (21)   Block 13, Lot 20, 7435 Arrowood Road, Burning Tree Estates, Parcel I.D. 7- 127-687475;

    (22)   Block 13, Lot 19, 1 Arrowood Terrace, Burning Tree Estates, Parcel I.D. 7-127- 687588;

    (23)   Block 13, Lot P18, 2 Arrowood Terrace, Burning Tree Estates, Parcel I.D. 7- 127-687544;

    (24)   Block 13, Lot 17 and Part of Lot 18, 3 Arrowood Terrace, Burning Tree Estates, Parcel I.D. 7-127-687602;

    (25)   Block 13, Lot 16, 4 Arrowood Terrace, Burning Tree Estates, Parcel I.D. 7-127- 687191;

    (26)   Block 13, Lot 15, 5 Arrowood Terrace, Burning Tree Estates, Parcel I.D. 7-127- 687112;

    (27)   Block 13, Lot 14, 6 Arrowood Terrace, Burning Tree Estates, Parcel I.D. 7-127- 687101;

    (28)   Block 13, Lot 9, 7701 Arrowood Court, Burning Tree Estates, Parcel I.D. 7-127- 687258;

    (29)   Block 13, Lot 8, 7703 Arrowood Court, Burning Tree Estates, Parcel I.D. 7-127- 687167;

    (30)   Block 13, Lot 7, 7705 Arrowood Court, Burning Tree Estates, Parcel I.D. 7-127- 687098;

    (31)   Block 13, Lot 6, 7707 Arrowood Court, Burning Tree Estates, Parcel I.D. 7-127- 687316;

    (32)   Block 13, Lot 5, 7709 Arrowood Court, Burning Tree Estates, Parcel I.D. 7-127- 687704;

    (33)   Block 13, Lot 4, 7711 Arrowood Court, Burning Tree Estates, Parcel I.D. 7-127- 687225;

    (34)   Block 13, Lot 3, 7713 Arrowood Court, Burning Tree Estates, Parcel I.D. 7-127- 687327;

    (35)   Block 13, Lot 25, 7715 Arrowood Court, Burning Tree Estates, Plat Book No. 80, Plat 8195, Parcel I.D. 7-127-687384;

    (36)   Block 13, Lot 24, 7714 Arrowood Court, Burning Tree Estates, Plat Book No. 80, Plat 8195, Parcel I.D. 7-127-687624;

    (37)   Block 13, Lot 23, 7719 Arrowood Court, Burning Tree Estates, Plat Book No. 80, Plat 8195, Parcel I.D. 7-127-687395;

    (38)   Block 13, Lot 31, 7721 Arrowood Court, Burning Tree Estates, Parcel I.D. 7- 127-687214;

    (39)   Block 13, Lot 32, 7723 Arrowood Court, Burning Tree Estates, Parcel I.D. 7- 127-687464;

    (40)   Block 13, Lot 33, 7725 Arrowood Court, Burning Tree Estates, Parcel I.D. 7- 127-687726;

    (41)   Block 13, Lot 34, 7727 Arrowood Court, Burning Tree Estates, Parcel I.D. 7- 127-687236;

    (42)   Block 13, Lot 35, 7729 Arrowood Court, Burning Tree Estates, Parcel I.D. 7- 127-687692;

    (43)   Block 13, Lot 36, 7731 Arrowood Court, Burning Tree Estates, Parcel I.D. 7- 127-687305;

    (44)   Block 13, Lot 37, 7733 Arrowood Court, Burning Tree Estates, Parcel I.D. 7- 127-687453; and

    (45)   Block 13, Lot 38, 7735 Arrowood Court, Burning Tree Estates, Parcel I.D. 7- 127-687555.

**Sec. 68B-4. Levy of Tax.**

  (a)   The County Council must levy against the assessable real property in each district a tax rate sufficient to create the revenue necessary to pay the costs paid or reasonably expected to be paid in the next fiscal year by the County to construct the noise abatement project in each district. Costs include any principal and interest payments that are associated with any bond or other debt instrument issued by the County to finance the construction of a noise abatement project.

  (b)   The tax is levied and collected as other County real property taxes are levied and collected by law.

  (c)   The tax has the same priority, bears the same interest and penalties, and in every respect must be treated the same as other County real property taxes.

  (d)   The tax rate may vary from one district to the other.

  (e)   The County must record in the land records for each property within the districts that the property is subject to the requirements of this Chapter.

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 68C. WHITE FLINT SPECIAL TAXING DISTRICT.

**Sec. 68C-1. Definitions.**

  For purposes of this Chapter, the following terms have the meanings indicated:

  Bond means a special obligation or revenue bond, note, or other similar instrument issued by the County that will be repaid from revenue generated by ad valorem taxes levied under this Chapter.

  Cost means the cost of:

  (1)   the construction, reconstruction, and renovation of any transportation infrastructure improvement, including the acquisition of any land, structure, real or personal property, right, right-of way, franchise, or easement, to provide a transportation infrastructure improvement for the District;

  (2)   all machinery and equipment needed to expand or enhance a transportation infrastructure improvement for the District;

  (3)   financing charges and debt service related to a transportation infrastructure improvement for the District, whether the charge or debt service is incurred before, during, or after construction of the transportation infrastructure improvement, including the cost of issuance, redemption premium (if any), and replenishment of debt service reserve funds for any bond that finances a transportation infrastructure improvement for the District;

  (4)   reserves for principal and interest, the cost of bond insurance, and any other type of financial guarantee, including any credit or liquidity enhancement, related to a transportation infrastructure improvement for the District;

  (5)   architectural, engineering, financial, and legal services related to providing a transportation infrastructure improvement for the District;

  (6)   any plan, specification, study, survey, or estimate of costs and revenues related to providing a transportation infrastructure improvement for the District;

  (7)   any administrative expense incurred by the County necessary or incident to determining whether to finance or implement a transportation infrastructure improvement for the District; and

  (8)   any other expense incurred by the County necessary or incident to building, acquiring, or financing a transportation infrastructure improvement for the District.

  District means the White Flint Special Taxing District created under Section 68C-2.

  Redevelopment means new construction or an addition to an existing building on any commercial or residential property.

  Transportation infrastructure improvement means:

  (1)   the construction, rehabilitation, or reconstruction of a road, street, or highway that serves the District, including any:

    (A)   right-of-way;

    (B)   roadway surface;

    (C)   roadway subgrade or shoulder;

    (D)   median divider;

    (E)   drainage facility or structure, including any related stormwater management facility or structure;

    (F)   roadway cut or fill;

    (G)   guardrail;

    (H)   bridge;

    (I)   highway grade separation structure;

    (J)   tunnel;

    (K)   overpass, underpass, or interchange;

    (L)   entrance plaza, approach, or other structure that is an integral part of a street, road, or highway;

    (M)   bicycle or walking path;

    (N)   designated bus lane;

    (O)   sidewalk or pedestrian plaza;

    (P)   streetscaping and related infrastructure; including placing utilities underground; and

    (Q)   other property acquired to construct, operate, or use a road, street, or highway; and

  (2)   a transit facility that serves the needs of the District, including any:

    (A)   track;

    (B)   right-of-way;

    (C)   bridge;

    (D)   tunnel;

    (E)   subway;

    (F)   rolling stock;

    (G)   station or terminal;

    (H)   parking area;

    (I)   related equipment, fixture, building, structure, or other real or personal property; and

    (J)   service intended for use in connection with the operation of a transit facility, including rail, bus, motor vehicle, or other mode of transportation.

**Sec. 68C-2. Creation; Boundaries.**

  (a)    The White Flint Special Taxing District is coterminous with the boundary of the White Flint Metro Station Policy Area as it appears in the 2016-2020 Subdivision Staging Policy as adopted on April 17, 2018.

  (b)    Except as provided in subsection (c), the following properties, identified by street address, are not included in the District: 5411 McGrath Boulevard, 5440 Marinelli Road, 5801 Nicholson Lane, 11700 Old Georgetown Road, 11701 Old Georgetown Road, 11750 Old Georgetown Road, 11800 Old Georgetown Road, 11801 Rockville Pike, 5800 Nicholson Lane, 5802 Nicholson Lane, 5809 Nicholson Lane, 5440 Marinelli Road, 5503 Edson Lane, 5505 Edson Lane, 5507 Edson Lane, 5509 Edson Lane, 11201 Woodglen Drive, 11203 Woodglen Drive, 11205 Woodglen Drive, 11207 Woodglen Drive, 11209 Woodglen Drive, 11351 Woodglen Drive, 11418 Rockville Pike, 11200- 11219 Edson Park Place, 11222 Edson Park Place, 11224 Edson Park Place, 11226 Edson Park Place, 11228 Edson Park Place, 11230 Edson Park Place, 11232 Edson Park Place, 11234 Edson Park Place, 11236 Edson Park Place, 11238 Edson Park Place, and 11240 Edson Park Place.

  (c)   A property identified in subsection (b) must be included in the District if a use and occupancy permit is issued for redevelopment after July 1, 2018.

**Sec. 68C-3. Levy of Tax; Limits.**

  (a)    Each tax year the County Council may levy against all the assessable real and personal property in the District a sum on each $100 of assessable property that does not exceed an amount sufficient to cover the costs of transportation infrastructure improvements that have been identified in a Council resolution approved under Section 68C-4.

  (b)   Under Section 9-1302 of Article 24, Maryland Code, the limit in Charter Section 305 on levies of ad valorem taxes on real property to finance County budgets does not apply to revenue from any tax imposed under this Chapter.

  (c)   The tax imposed under this Chapter must be levied and collected as other County property taxes are levied and collected.

  (d)   The tax imposed under this Chapter has the same priority, bears the same interest and penalties, and in every respect must be treated the same as other County property taxes.

  (e)   Paying the tax imposed under the Chapter does not entitle any person to claim a credit against any other tax that the County imposes, including the development impact tax for transportation improvements imposed under Section 52-49 or the development impact tax for public school improvements imposed under Section 52-89.

  (f)   The County must not allow a credit toward the payment of any development impact tax levied under Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by the White Flint Special Taxing District.

  (a) except as expressly approved by a Council resolution, a tax imposed under the authorizing law must not pay for that part of the cost of any infrastructure improvement that has:

    (1) been paid for by any other government agency, or;

    (2) received a credit toward the payment of the development impact tax or any other tax, fee, or charge; and

  (b) the County must not allow a credit toward the payment of any development impact tax levied under Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by the special taxing district.

**Sec. 68C-4. Transportation Infrastructure Improvement Resolution.**

  (a)    After holding a public hearing, the Council may approve a resolution that lists each transportation infrastructure improvement that would be entirely or partly paid for by a tax imposed under Section 68C-3.

  (b)    The resolution must indicate the estimated cost, including a contingency amount, for each listed improvement.

  (c)    The Council may amend the resolution after holding a public hearing.

  (d)    The Council must present the resolution and each amended resolution to the Executive for approval or disapproval.  If the Executive disapproves a resolution within 10 days after it is transmitted to the Executive and the Council readopts the resolution by a vote of 6 Councilmembers, or if the Executive does not act within 10 days after the resolution is transmitted, the resolution takes effect.

  (e)    Before the Council holds a public hearing under subsection (a) or (c), the Executive should transmit to the Council:

    (1)   a list of recommended transportation infrastructure improvements to be entirely or partly paid for by a tax imposed under Section 68C-3;

    (2)   the estimated cost, including a contingency amount, for each listed improvement; and

    (3)   an estimated tax rate for each tax to be imposed under Section 68C-3.

  (f)   Before the County loans or advances any funds to the District that the District is required to repay to the County, the Council must adopt a repayment plan in a resolution under this Section, or as part of an approved Capital Improvements Program resolution, that specifies:

    (1)   each transportation infrastructure improvement for which funds would be advanced;

    (2)   the amount of funds advanced which the District must repay;

    (3)   the expected rate of interest, if any, the District must repay;

    (4)   the time period during which the District is expected to repay the amount due; and

    (5)   any other principal term of repayment.

Any repayment plan adopted under this subsection is binding on the District and the County, except as later modified in a Council resolution.

  (g)   Except as expressly approved by a Council resolution, a tax imposed under Section 68C- 3 must not pay for that part of the cost of any infrastructure improvement that has:

    (1)   been paid for by any other government agency, or;

    (2)   received a credit toward the payment of the development impact tax or any other tax, fee, or charge.

  (a) except as expressly approved by a Council resolution, a tax imposed under the authorizing law must not pay for that part of the cost of any infrastructure improvement that has:

    (1) been paid for by any other government agency, or;

    (2) received a credit toward the payment of the development impact tax or any other tax, fee, or charge; and

  (b) the County must not allow a credit toward the payment of any development impact tax levied under Chapter 52, or any other tax, fee, or charge, for that part of any infrastructure improvement financed by the special taxing district.

**Sec. 68C-5. District Fund.**

  (a)   The Director of Finance must establish a separate fund for the proceeds collected from any tax imposed under this Chapter.  The proceeds of any tax imposed under this Chapter must be pledged to and paid into this fund.

  (b)   The Director of Finance must use this fund only to pay the cost of any transportation infrastructure improvement related to the District.

  (c)   If in any fiscal year a balance remains in the fund, the Director of Finance may use the balance to:

    (1)   pay the cost of any transportation infrastructure improvement for the District;

    (2)   create a reserve to pay the future costs of any transportation infrastructure improvement for the District;

    (3)   pay bond-related obligations or retire bonds then outstanding; or

    (4)   pay into a sinking fund required by the terms of bonds which finance the cost of any transportation infrastructure improvement for the District that may be incurred or accrue in later years.

**Sec. 68C-6. Issuing Bonds.**

  (a)   Before the County issues any bond payable from ad valorem taxes levied under Section 68C-3, the Council must adopt a resolution authorizing the issuance of bonds that meets the requirements of this Section.

  (b)   Each resolution under this Section must:

    (1)   describe the types of transportation infrastructure improvements and related costs to be financed; and

    (2)   specify the maximum principal amount of bonds to be issued.

  (c)   Each resolution may specify, or authorize the Executive by executive order to specify:

    (1)   the actual principal amount of bonds to be issued;

    (2)   the actual rate or rates of interest for the bonds;

    (3)   how and on what terms the bonds must be sold;

    (4)   how, when, and where principal of, and interest on, the bonds must be paid;

    (5)   when the bonds may be executed, issued, and delivered;

    (6)   the form and tenor of the bonds, and the denominations in which the bonds may be issued;

    (7)   how any or all of the bonds may be called for redemption before their stated maturity dates;

    (8)   the nature and size of any debt service reserve fund;

    (9)   the pledge of other assets in and revenues from the District to pay the principal of and interest on the bonds;

    (10)   any bond insurance or any other financial guaranty or credit or liquidity enhancement of the bonds; and

    (11)   any other provision consistent with the law that is necessary or desirable to finance any transportation infrastructure improvement that has been identified in a Council resolution approved under Section 68C-4.

  (d)

    (1)   The County must covenant to levy ad valorem taxes against all assessable real and personal property in the District at a rate and amount sufficient in each year when any bonds are outstanding to:

      (A)   provide for the payment of the principal of, interest on, and redemption premium if any, on the bonds;

      (B)   replenish any debt service reserve fund established with respect to the bonds; and

      (C)   provide for any other purpose related to the ongoing expenses of and security for the bonds.

    (2)   The County further must covenant, when any bond is outstanding, to enforce the collection of all ad valorem taxes under this Chapter as provided by applicable law.

  (e)   All proceeds received from any issuance of bonds must be applied solely towards costs of the transportation infrastructure improvements listed in the resolution adopted under Section 68C-4, including the cost of issuing bonds and payment of the principal of, interest on, and redemption premium if any, on the bonds.

  (f)   The bonds issued under this Chapter:

    (1)   are special obligations of the County and do not constitute a general obligation debt of the County or a pledge of the County’s full faith and credit or the County’s general taxing power;

    (2)   may be sold in any manner, either at public or private sale, and on terms as the Executive approves;

    (3)   are not subject to Sections 10 and 11 of Article 31, Maryland Code; and

    (4)   must be treated as securities to the same extent as bonds issued under Section 9-1301 of Article 24, Maryland Code.

  (g)   To the extent provided by law, the bonds, their transfer, the interest payable on them, and any income derived from them, including any profit realized on their sale or exchange, must be exempt at all times from every kind and nature of taxation by the State of Maryland and any county or municipality in Maryland.

  (h)   The bonds must be payable from the fund required under Section 68C-5 and any other asset or revenue of the District pledged toward their payment.  When any bond is outstanding, the monies in the fund are pledged to pay the costs of any transportation infrastructure improvement funded entirely or partly by the proceeds of the bonds, including the costs of issuing the bonds and payment of the principal of, interest on, and redemption premium if any, on the bonds.  In addition to ad valorem taxes, the bonds may be secured by any other asset in or revenue generated in the District.

  (i)   Any ad valorem tax imposed under this Chapter must not be accelerated because of any bond default.

**Sec. 68C-7. Expiration of district.**

  Any special taxing district created under this Chapter expires by operation of law 30 days after the cost of all transportation infrastructure improvements identified in a Council resolution approved under Section 68C-4, including all outstanding bonds and cash advances made by the County, have been paid.

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 70. Oakmont.

**Sec. 70-1. Constituted special taxing area; boundaries prescribed.**

  For the purpose of this chapter, the subdivision of Oakmont of Montgomery County, Maryland, bounded as per plat recorded among the land records of Montgomery County, shall constitute a special tax area or district.

**Sec. 70-2. Annual levy; selection of treasurer; bond; purposes for which funds shall be spent.**

  The county council for Montgomery County is authorized, empowered and directed to levy and cause to be collected from the property owners at the time of the county tax levy for the year 1918, and each succeeding year within the area of Oakmont as created by this chapter amounts to be fixed by them not less than four cents ($0.04) nor more than twenty cents ($0.20) on each one hundred dollars ($100.00) worth of assessable real property other than operating real property of a public utility and not less than ten cents ($0.10) nor more than fifty cents ($0.50) on each one hundred dollars ($100.00) worth of assessable personal property and operating real property of a public utility in the subdivision of Oakmont, Montgomery County, to be collected as other county taxes in the county are collected, to be paid over by the county council to the treasurer of the Oakmont Subdivision to be selected from among their number by a majority of the members of the Oakmont Citizens' Committee of Oakmont Subdivision, or by their successors to be selected as herein provided. Upon the treasurer having been duly selected by the committee and giving corporate bond to Montgomery County, Maryland, satisfactory to and approved by the county executive or his designee and the county attorney in a penal sum to be fixed by them, conditioned upon faithful discharge of the duties of the treasurer, the county council shall also order and have paid over to the treasurer the proportion of the county road tax to be levied and collected in the same manner as though the subdivision of Oakmont was an incorporated town, and the subdivision of Oakmont shall for that purpose be considered by the county council as an incorporated town of the county; and the proportion of the county road tax received by the treasurer of the Oakmont Subdivision shall be used by the Oakmont Citizens' Committee exclusively for the maintaining and repairing of streets and lanes within the Oakmont Subdivision that may have been dedicated to the public or to Montgomery County and whether accepted by the county or not; all other funds to be used by the Oakmont Citizens' Committee directly or through the committee exclusively for maintaining, repairing, lighting the streets, roads, alleys, sidewalks, parking, sanitation and other maintenance and upkeep of existing improvements, for purposes set forth in section 70-3(c), and for enforcing such regulations as the citizens' committee may prescribe for Oakmont Subdivision, or any part of the section thereof.

**Sec. 70-3. Citizens' committee-Election; terms; vacancies; oath of office, etc.**

  (a)   The said Oakmont Citizens' Committee shall be constituted as follows: Oliver Owen Kuhn, Charles A. Read and James C. Adkins, who shall serve until the qualification of the committeemen to be elected in April, 1919, as herein provided, and vacancies therein shall be filled by the remaining committeemen as hereinafter provided, the first shall, until otherwise directed by said committee, be and constitute the chairman thereof, each of whom shall qualify as such committeeman by taking an oath before any officer of said Montgomery County authorized by law to administer oaths to diligently and faithfully discharge all duties of the office. In case any such persons shall fail to qualify within ten (10) days after April 10, 1918, or any of their successors shall fail to qualify within ten (10) days after his election as committeeman as hereinafter provided, or in case of any vacancy through death, resignation, removal from said Oakmont Subdivision, or otherwise, the remaining committeemen shall fill such vacancy by appointment of a bona fide property holder and taxpayer, who shall hold office until the next election as hereinafter provided.

  (b)   On the second Tuesday in April, 1919, three (3) members of said citizens' committee shall be elected, one (1) to serve one (1) year, one (1) to serve two (2) years and one (1) member to serve three (3) years. On the second Tuesday in April, 1920, and on the second Tuesday in April of each following year, an election shall be held at which a committeeman shall be elected to succeed the committeeman whose term has expired, and at which committeemen shall be elected to fill such vacancies as may exist, but the committeemen so elected to fill such vacancies shall serve only for the remainder of the unexpired term. Election shall be by ballot in a manner prescribed by the said citizens' committee. Only those residents who have been property holders and taxpayers in said Oakmont Subdivision shall be entitled to vote or hold the office of committeeman. Following each election each newly elected member of the said citizens' committee shall qualify by taking an oath before any officer of said Montgomery County, authorized by law to administer oaths, to diligently and faithfully discharge all duties of office. Said committee shall select from their number a chairman, secretary-treasurer and any other officers they may deem necessary.

  (c)    The members and officers of the Oakmont Citizens' Committee shall be compensated for their services in an amount determined by the committee.  Any change in such compensation is not effective until the qualified voters of Oakmont have been given an opportunity to vote thereon and the change has been approved by a majority of the votes cast.

**Sec. 70-4. Same-General powers; special assessments.**

  (a)   Said Oakmont Citizens' Committee is empowered to grade, pave, macadamize or otherwise improve any existing dedicated street, road or lane, or any road, street or lane which has been or which may be acquired and open for public use, but which is ungraded, unpaved or unimproved and to lay sidewalks and curbs thereon; provided, that said citizens' committee, subject to the approval of the county council and after due publication thereof, shall have power to assess the cost of said grading, paving, macadamizing or improving against the property abutting on said street, road, lane or sidewalk, in proportion to the frontage of said abutting property on the same. Such lots platted as fronting on already existing improved roads, lanes or streets, but which abut on such streets or lanes as are to be improved under the provisions of this chapter, shall be assessed in accordance to benefits accruing from such new improvements as are herein provided for, such benefits to be determined by one (1) member of the county council, one (1) member of the Oakmont Citizens' Committee and one (1) resident of Montgomery County to be chosen by aforesaid member of county council and member of Oakmont Citizens' Committee. All property acquired by the citizens' committee under this section shall be held for the benefit of the citizens of the said Oakmont Subdivision.

  (b)   Any tax so assessed as above provided in this section shall be payable to the county treasurer in not less than eight (8) annual installments nor more than fifteen (15) as nearly equal as may be, the first installment thereof to become due and payable the first day of July next succeeding the making of such special assessment as herein elsewhere provided, and to be collected as county taxes in said county are collected, and any tax so assessed as provided in this section shall be subject to interest from said first day of July until paid, at the rate of six (6) per cent per annum. Each annual installment shall become a lien against said abutting property and any such installment not paid by the first of January following its becoming due shall be subject to the same penalties and shall be collected in the same manner as provided for the collection of unpaid taxes in the said county. All taxes assessed as provided in this section shall be paid over by the treasurer of said county to the treasurer of the Oakmont Subdivision, who shall devote such funds to the exclusive purpose of paying for the special improvements herein provided for or any indebtedness which may be incurred therefor.

  (c)   Said Oakmont Citizens' Committee shall have the power to pave, grade, macadamize or otherwise improve said streets, roads or lanes or sidewalks within said Oakmont Subdivision; provided, that before any contract for work shall be entered into, or any obligation with respect thereto incurred, notice shall be given to the owners and others of record interested in said abutting property of an opportunity to be heard, such hearing to be had before said Oakmont Citizens' Committee, which shall decide the matters properly brought before it. Any party affected by the final decision of said citizens' committee, made after such hearing, shall have the right to appeal therefrom within ten (10) days to the circuit court of Montgomery County; and provided further, that upon the petition of a majority of the resident property owners owning property abutting upon any street, road or lane to be graded, paved, macadamized or otherwise to be improved under the provisions of this section requesting the grading, paving, macadamizing or otherwise improving of any such streets, roads or lanes, it shall be the duty of the said citizens' committee to make the assessment against the abutting property owners, to provide the funds for and cause to be performed the necessary work or construction to be done in accordance with the provisions hereinabove provided.

**Sec. 70-5. Same-Competitive bidding, etc.**

  The Oakmont Citizens' Committee shall not expend for material or work a sum exceeding two thousand dollars ($2,000.00) without having first advertised the specifications therefor and inviting bids for the same, after which the committee may purchase such material or may contract for such work, or have such work done by employed labor, or otherwise as it may deem best; and provided further, that the committee may make contracts, and provided further, that no member of the citizens' committee shall furnish any supplies of any kind or contract in any manner with the citizens' committee.

**Sec. 70-6. Same-Regulations; enforcement.**

  (a)   The citizens' committee, subject to the approval of the county council, may adopt such regulations with respect to dumping of garbage, sanitation, erection of buildings, tearing up of streets, speed regulations, care of property, removal of snow, ice or other police or health regulations, and may provide penalties for the violation thereof, as the committee may deem proper, after giving the residents of Oakmont reasonable notice and opportunity to be heard with respect to these regulations.

  (b)   The district court in Montgomery County shall have jurisdiction to try and determine any violation of any of the regulations and to impose penalties thereby provided. The sheriff of the county and his deputies and any police officer in the county shall have authority to arrest for any violation of the regulations and to execute all writs issued by the court in connection with such regulations or with the punishments of the persons violating any of them. The procedure shall be in accordance with that provided for the trial of misdemeanors. All proceedings with respect to the violation of any regulations shall be conducted by or through and in the name of the citizens' committee.

**Sec. 70-7. Same-Borrowing of money.**

  For the purpose of making the improvements provided for in section 70-4, or for making improvements from time to time other than maintenance and repairs, the citizens' committee is hereby authorized and empowered to borrow money at the legal rate of interest and otherwise contract indebtedness and obligate the Oakmont Subdivision in an initial amount not exceeding four thousand dollars ($4,000.00), and in subsequent amount not exceeding in total in any calendar year the sum of eight-tenths (0.8) percent of the assessed valuation of the real property other than operating real property of a public utility and two (2) percent of the assessed valuation of operating real property of a public utility within the Oakmont Subdivision. For these and other purposes set forth in this chapter, the Oakmont Subdivision is constituted a corporation, and the citizens' committee is empowered to act for the corporation. If there is default on bonds or other indebtedness incurred by the citizens' committee of the Oakmont Subdivision for the subdivision, it shall be the duty of the county council of Montgomery County to levy or have levied special general taxes against the real property of the Oakmont Subdivision to the extent only that such defaulted bonds or incurred indebtedness shall be liquidated.

**Sec. 70-8. Treasurer's duties, etc.**

  The treasurer of the said Oakmont Subdivision and citizens' committee shall deposit all funds coming into his hands as such, in accordance with the requirements of law, for the deposit of county funds by the county treasurer, or in such other bank approved by the citizens' committee of said Oakmont Subdivision; provided, that the treasurer of said Oakmont Subdivision shall not dispose of any of the funds coming into his hands as such treasurer, except upon check duly signed by him as such treasurer and countersigned by the chairman or some member of the said citizens' committee acting as chairman pro tem in his absence; such acting chairman shall be duly authorized to act by resolution of said committee, which must first be placed upon the minutes of the committee to be provided therefor.

# Montgomery County Code — Part III. Special Taxing Area Laws.

## Chapter 87. Washington Suburban Transit District.

**Sec. 87-1. Declaration of legislative policy.**

  (a)   The development of a transportation system, composed of transit facilities, public highways, and other modes of transport, is necessary for the orderly growth and development of Montgomery and Prince George's Counties, for the safety, comfort, and convenience of their citizens and for the economical utilization of public funds. The provision of the necessary facilities and services cannot be achieved by the unilateral action of the counties and the attainment thereof requires planning and action on a regional basis, conducted cooperatively and on a continuing basis, between representatives of the counties and the state roads commission. Montgomery and Prince George's Counties are contiguous to the District of Columbia and to portions of Northern Virginia, and together with these areas form a single metropolitan area. The development of a transportation system adequate for the needs of Montgomery and Prince George's Counties requires cooperative planning and action with such adjoining areas. Such planning and action should be conducted in a manner which preserves, to the extent the necessity for joint action permits, local autonomy over patterns of growth and development. The requisite joint action may best be achieved through the device of a transit district having the powers, functions and duties hereinafter set forth in this chapter. In the provision of improved or expanded transit facilities, it is the policy of this chapter to make use of private enterprise to the extent reasonably practicable.

  (b)    The General Assembly finds that, due to the interest of the State in transportation facilities in the Washington Metropolitan Area, and due to the substantial level of State financial support for transportation facilities and operations provided to the Commission under §§ 10-205 and 10-207 of the Transportation Article, Annotated Code of Maryland, and the substantial level of support through the Commission to the Washington Metropolitan Area Transit Authority, it is in the State’s interest to alter the composition of the Washington Suburban Transit Commission to require that the Governor make certain appointments to the Commission and that the Secretary of Transportation, or the Secretary’s designee, and one of the Governor’s appointees serve as the Commission’s principal representatives on the Washington Metropolitan Area Transit Authority Board of Directors and that the State’s interests are appropriately represented in Commission decisions.

**Sec. 87-2. Definitions.**

  As used in this chapter, the following words and terms shall have the following meanings, unless the context clearly requires a different meaning:

  (a)   Authority means an agency created by interstate compact between Maryland, Virginia and the District of Columbia to provide transit facilities and service for the metropolitan area of Washington, D. C.;

  (b)   Commission means the Washington Suburban Transit Commission;

  (c)   District means the Washington Suburban Transit District;

  (d)   Governing bodies means the county councils of Montgomery County and Prince George's County;

  (e)   Metropolitan area means the metropolitan area of Washington, D. C., as defined in the pamphlet "Standard Metropolitan Statistical Areas," issued by Executive Office of the President, Bureau of the Budget, 1964;

  (f)   State includes the District of Columbia; and

  (g)   Transit facilities means all those matters and things utilized in rendering mass transit service by means of rail, bus, water or air and any other mode of travel, including without limitation, tracks, rights-of-way, bridges, tunnels, subways, rolling stock for rail, motor vehicle, marine and air transportation, stations, terminals and ports, areas for parking and all equipment, fixtures, buildings and structures and services incidental to or required in connection with the performance of mass transit service.

**Sec. 87-3. Washington Suburban Transit District created.**

  There is hereby created, as a body corporate and politic, the Washington Suburban Transit District which shall embrace the counties of Montgomery and Prince George's and the municipal corporations located in such counties.

**Sec. 87-4. Washington Suburban Transit Commission-Created.**

  There is hereby created the Washington Suburban Transit Commission, which shall have the powers and duties granted herein and such additional powers as may hereafter lawfully be conferred upon it pursuant to law, to manage and control the functions, affairs and property of the corporation.

**Sec. 87-5. Same-Membership; appointment, qualifications, term of office, bond and oath of office of commissioners.**

  (a)

    (1)   The commission consists of 7 members.

    (2)

      (i)   The County Executive of Montgomery County shall appoint 2 members, subject to the confirmation of the Montgomery County Council.

      (ii)   Of these two appointees, one shall be designated by the County Executive to serve as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors.

    (3)

      (i)   The County Executive of Prince George's County shall appoint 2 members, subject to the confirmation of the Prince George's County Council.

      (ii)   Of these two appointees, one shall be designated by the County Executive to serve as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors.

    (4)

      (i)   The governor shall appoint 2 members with the advice and consent of the senate of Maryland.

      (ii)   One member shall be a resident of Montgomery County and one member shall be a resident of Prince George's County.

    (5)   A Commissioner serving as a principal or an alternate member on the Washington Metropolitan Area Transit Authority Board of Directors:

      (i)   May not hold any elected office in federal, State, county, or municipal government at any time during the term of appointment to the Commission, except as provided in paragraph (7) or (8) of this subsection;

      (ii)   May not have been employed by the Washington Metropolitan Transit Authority for at least 1 year prior to appointment to the Commission;

      (iii)   Shall have experience in at least one of the following areas:

        1.   Transit planning, transportation planning, or land use planning;

        2.   Transit management, transportation management, or other public sector management;

        3.   Engineering;

        4.   Finance;

        5.   Public safety;

        6.   Homeland security;

        7.   Human resources;

        8.   Law; or

        9.   Knowledge of the region’s transportation issues derived from working on regional transportation issues;

      (iv)   Except for the Secretary of Transportation, or the Secretary’s designee, shall be a regular passenger and customer of the bus, rail, or paratransit services of the Washington Metropolitan Transit Authority; and

      (v)   Shall submit annual reports, to the Governor and county executives on or before January 31 of each year during the commissioner’s term of appointment, that apply to the previous calendar year and include:

        1.   The dates of the commissioner’s attendance at Washington Metropolitan Area Transit Authority Board of Directors meetings held since submission of the previous report, or the reasons for nonattendance at the meetings, if any;

        2.   The dates of the commissioner’s attendance at any other public meetings in the commissioner’s official capacity as a Washington Metropolitan Area Transit Authority Board member; and

        3.   An affirmation of the commissioner’s use of the bus, rail, and paratransit services of the Washington Metropolitan Area Transit Authority since submission of the previous report.

    (6)

      (i)   The Secretary of Transportation shall be an ex-officio member of the Commission and is entitled to the same rights of membership as the appointed members.

      (ii)   The Secretary of Transportation may designate in writing an alternate representative, who shall have the same rights of membership as the Secretary.

    (7)

      (i)   At least 1 commissioner from Prince George's County appointed by the county executive shall be appointed from among the members of the Prince George's County Council.

      (ii)   The other commissioner may be selected from among the members of the Prince George's County Council or from qualified residents of Prince George's County.

    (8)   The county executives may designate themselves as 1 of the commissioners from their respective counties.

    (9)   Each commissioner serves at the pleasure of the respective appointing official.

  (10)

    (i)   Commissioners, other than the required member from the Prince George’s County Council, serve for a term of 4 years which begins on July 1.

      (ii)   Commissioners appointed by the Governor may not serve more than two consecutive terms.

      (iii)   The terms of the commissioners, other than the required member from the Prince George’s County Council, shall be staggered as required by the terms provided for commissioners on October 1, 2012.

      (iv)   The commissioner required from the Prince George’s County Council serves while a member of the county council, and at the pleasure of the County Executive and County Council of Prince George’s County.

    (11)

      (i)

        (ii)   Subject to subparagraph (ii) of this paragraph, members of the Commission shall serve until their successors have been appointed and qualified or until the member is reappointed by the appointing authority.

      (ii)   A member’s holdover period may not exceed 12 months.

    (12)   The county executives and the Governor shall inform the Commission of their appointments to and removals from the Commission by delivering to the Commission, a certified copy of the resolution or other action making the appointment or causing the removal.

    (13)   The county executives and the Governor shall submit to the Secretary of Transportation an annual letter that establishes the compensation for each commissioner serving as a principal or alternate member of the Washington Metropolitan Area Transit Authority Board of Directors by July 1 of each year, beginning July 1, 2013.

    (14)

      (i)   The following commissioners shall serve as the Commission’s appointees to be principal members of the Washington Metropolitan Area Transit Authority Board of Directors:

        1.   Subject to subparagraph (ii) of this paragraph, the Secretary of Transportation, or the Secretary’s designee, as an ex officio principal member; and

        2.   Subject to subparagraph (iii) of this paragraph, one of the commissioners appointed by the Governor under paragraph (4) of this subsection.

      (ii)   The Secretary of Transportation’s designee under subparagraph (i)1 of this paragraph:

        1.   Shall be an employee of the Department of Transportation;

        2.   Shall have experience with and possess qualifications related to transit; and

        3.   May attend meetings of the Washington Metropolitan Area Transit Authority Board of Directors on behalf of the Secretary only if a scheduling conflict arises.

      (iii)   The Commission’s appointee under subparagraph (i)2 of this paragraph may not be succeeded in office by a commissioner who is a resident of the same county.

  (b)    Each commissioner, before entering upon the discharge of the duties of his office, shall:

    (1)   Take the constitutional oath of office before the clerk of the circuit court in the county in which he resides and a record of each oath shall be filed in the office of the clerk before whom it was taken; and

    (2)   Give bond in the amount and as required by law for a county commissioner, which bonds shall be executed by a surety company authorized by the State of Maryland to execute such bonds. Upon approval of such bond by the commission, the premium for such bond, which shall not exceed one-half of one (1) percent per annum of the penalty of the bond so executed and approved, shall be paid by the commission from any funds available therefor.

  Sec. 2.  … that a commissioner of the Washington Suburban Transit Commission appointed as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors before the effective date of this Act may continue to serve as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors until the expiration of the commissioner’s current term of appointment.

  Sec. 3.  … that:

  (a)  Each signatory of the Washington Metropolitan Area Transit Authority Compact is encouraged to support reform of the Washington Metropolitan Area Transit Authority’s governance structure to improve efficiency, accountability, and effectiveness of the Authority’s performance, oversight, safety, accessibility, environmental quality, economic development, and quality of life in Maryland.

  (b)  Reforms of the Authority’s governance structure may include:

    (1)  reducing the size of the Washington Metropolitan Area Transit Authority Board of Directors;

    (2)  improving the independent investigation and oversight of the Authority;

    (3)  prohibiting elected officials from serving on the Board of Directors;

    (4)  removing a Compact signatory’s veto authority;

    (5)  requiring eligibility criteria for Board members, such as possessing qualifications in relevant fields;

    (6)  providing equitable compensation for each Board member;

    (7)  enhancing transparency; and

    (8)  improving stakeholder input, including input from users of the Authority’s services.

  2012, Chapter 433, §§ 2 and 3, state:

  Sec. 2. [T]he first annual reports required under Article 16, § 87-5(a)(5)(v) of the Public Local Laws of Maryland and Article 17 Part III, § 5(a)(5)(v) of the Public Local Laws of Maryland, both as enacted by Section 1 of this Act, shall be submitted on or January 31, 2013, and shall cover the period from October 1, 2012, through December 31, 2012.

  Sec. 3. (a) the terms of all members of the Washington Suburban Transit Commission appointed and serving as of October 1, 2012, shall expire on June 30, 2013;

  (b) the initial appointments of the members of the Washington Suburban Transit Commission shall be made on July 2, 2013, and the terms of the initial members, other than the required member from the Prince George’s County Council, shall expire as follows:

    (1) one commissioner who serves as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors, in 2017;

    (2) one commissioner who is appointed by the County Executive of Montgomery County, but who does not serve as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors, in 2017;

    (3) the commissioner who serves as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors representing Montgomery County, in 2016;

    (4) one commissioner who serves as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors, in 2015; and

    (5) the commissioner, other than the required member, who serves as an alternate member of the Washington Metropolitan Area Transit Authority Board of Directors representing Prince George’s County, in 2014; and

  (c) for purposes of term limits, a term that is less than 3 years may not be considered a full term.

**Sec. 87-6. Same-Officers.**

  (a)   The respective appointing bodies shall have authority to designate who shall be the chairman and the vice-chairman of the commission, who shall not be from the same county. If the appointing bodies do not designate such officers, then the commission may elect the chairman and vice-chairman from among its members. The county from which the first chairman shall be appointed shall be determined by priority in time as shown on the official resolution of appointment, or in case of conflict shall be determined by agreement between the two (2) counties. Thereafter, the office of chairman and vice-chairman shall rotate annually between the two (2) counties, with each respective appointing body retaining the authority to name the officer from its county.

  (b)   The commission shall also elect a secretary and a treasurer who may or may not be members of the commission, as the commission in its discretion may determine. The offices of secretary and treasurer may be held by the same person. Subject to the provisions of subsection (a) of section 87-5 of this Code and subsection (a) of this section, each officer of the commission shall serve for a term of one (1) year and shall be eligible for re-designation or re-election.

**Sec. 87-7. Compensation and expenses of commissioners.**

  (a)   Commissioners appointed from Prince George's County other than those who are full- time members of the governing body of the county except where compensation for the performance of these duties is prohibited by law, shall receive fifty dollars ($50.00) per diem compensation for each day in which they attend a meeting or business of the commission for which official minutes are kept or for meetings officially authorized by the commission; provided that in no event shall a commissioner receive more than fifty dollars ($50.00) for any day, but every commissioner shall be reimbursed for his necessary and proper expenses incurred in the performance of his duties as a commissioner separate from the per diem compensation.

  (b)

    (1)

      (i)

        (ii)   Except as provided in item (ii) of this paragraph, the members of the Washington Suburban Transit Commission from Montgomery County receive the following salaries:

        1.    Chairman      $2,875.

        2.    Commissioners      $2,500.

      (ii)   A commissioner from Montgomery County who also serves as a member or an alternate of the Washington Metropolitan Area Transit Authority must receive the following salary:

        1.    Chairman      $18,500.

        2.    Member or alternate   $17,500.

    (2)   A Commissioner who is an elected official or a full-time County employee must not receive compensation for service on the Commission.

  (c)   The Secretary of Transportation, or the Secretary’s designee, may not receive compensation for service as a principal member of the Washington Metropolitan Area Transit Authority Board of Directors.

**Sec. 87-8. Same-Quorum; majority vote required to transact business.**

  A majority of the Commission shall constitute a quorum. The affirmative vote of a majority of the commission shall be necessary to take any action. A majority for determining a quorum or for taking any action shall include at least 1 member appointed by each county, 1 member appointed by the governor, and the secretary of transportation or the secretary's designee.

**Sec. 87-9. Same-Meetings; public hearings.**

  Meetings of the commission shall be held at such places and at such times as the commission shall from time to time prescribe. Meetings of the commission, except executive sessions, shall be open to the public. Public hearings shall be held upon at least thirty (30) days' notice, such notice to be given by publication in at least one (1) newspaper printed and published in Montgomery County and one (1) newspaper printed and published in Prince George's County.

**Sec. 87-10. Same--Conflicts of interests.**

  (A)   No commissioner, nor any other officer, employee, agent or consultant, shall have any interest in any person or company engaged in the business of providing public transportation in the district or within the metropolitan area in which the district is located, or in the manufacture or sale of passenger transportation equipment or facilities.

  (B)   No commissioner nor any agent, officer, employee or consultant thereof, shall contract with the district or be interested in, either directly or indirectly, any contract with the district or in the sale of any property, either real or personal, to the district.

  (C)   Any violation of this provision shall be a misdemeanor and punished as provided by law.

  (D)   All commissioners are public officials as defined under the Maryland Public Ethics Law and are subject to the restrictions and requirements set forth in Title 15 of the State Government Article of the Annotated Code of Maryland, as amended and supplemented.

**Sec. 87-11. Same--Functions.**

  Any other provision of law to the contrary notwithstanding, the commission shall:

  (a)   Cooperate and participate, in accordance with the processes and procedures hereinafter provided, with an authority to be created by interstate compact between Maryland, Virginia and the District of Columbia, in the formulation by that authority of that portion of its transit plan relating to the transit facilities and services to be provided within the district and in the revision and amendment thereof from time to time;

  (b)   Negotiate with the authority, the Northern Virginia Transportation District and the District of Columbia an agreement for the allocation among such governments and the district of the costs to be incurred by the authority in providing transit facilities and services; and

  (c)   Provide, in the manner hereinafter set forth, funds to meet the obligations allocated to the district pursuant to such agreement.

**Sec. 87-12. Authorization to enter into contracts with transportation authority.**

  (a)   The district is authorized to enter into contracts or agreements with the authority pursuant to which the authority undertakes to provide the transit facilities and services to the district, specified in a mass transit plan adopted by the authority, in consideration for the undertaking by the district to contribute, such sums as shall be agreed on, to the capital required for the construction or acquisition of the transit facilities, for debt service requirements and for meeting expenses and obligations incurred in the operation of the facilities. The district may not enter into any contracts or agreements with respect to transit facilities and service in either Montgomery or Prince George's Counties unless the governing body of the affected county adopts a resolution approving the transit facilities and service proposed to be provided in its county, the terms and provisions of the contract or agreement and the allocation between the counties of the obligations created by the contract or agreement. The failure of one of the counties to grant approval does not preclude the district from entering into a contract or agreement for transit facilities and service to be provided to the other county, if that county grants the required approvals. Notwithstanding § 87-8, the commission may authorize such a contract or agreement with the unanimous approval of the 2 commissioners appointed by the county executive from the county granting the requisite approvals, the commissioner appointed by the governor from the affected county, and the secretary of transportation and such 4 commissioners shall constitute a quorum of the commission for the purposes of considering such a contract or agreement.

**Sec. 87-13. Guarantee by counties of obligations of district.**

  The obligations imposed on the district by the contracts or agreements provided for in § 87-12 shall be guaranteed by Montgomery and Prince George's Counties in the proportions agreed to in the allocations approved under § 87-12. The guarantee shall be made by resolution of the county councils of Montgomery County and Prince George's County and shall be evidenced by the endorsement of the guarantee on the face of the contract or agreement, signed on behalf of each county by the secretary or clerk of the county council or by any officer designated by the county council.

**Sec. 87-14. Levy of taxes by counties for district.**

  (a)   For the purposes of meeting the liability of the district, if any, under the contracts or agreements provided for in § 87-12, retiring revenue anticipation notes, authorized to be issued by § 87-16 and the payment of interest on the notes, and providing funds for the administrative and other expenses and obligations of the district, there shall be levied against all the assessable property within the district, by the county councils of Montgomery and Prince George's Counties annually, a tax sufficient to meet these obligations and expenses as they mature or become payable. The tax shall be determined, levied, collected and paid over in the following manner:

  At least 30 days before the tax levying period of each year, the respective county council shall certify to the commission, by counties, the whole valuation of assessable property within the district. The commission shall then determine the amounts necessary to be raised by each county for the ensuing year. The amounts shall be determined by the allocation of obligations agreed to under § 87-12 except that the administrative expenses of the commission shall be borne by each county, as set forth in § 87-15, after deducting all amounts in hand available for such purposes. The commission shall determine the number of cents per $100 necessary for each county to raise the amounts required and shall certify that amount to both county councils. The county councils in their next annual levy shall levy a tax on all land and improvements and any other property assessed for county tax purposes within the district. The tax shall be levied and collected as county taxes are levied and collected, and have the same priority right, bear the same interest and penalties and in every respect be treated the same as county taxes. The tax levied, for the ensuing year shall be collected by the respective tax collecting authorities, and every 60 days they shall remit the whole amount of tax collected to the commission.

  (b)   Notwithstanding subsection (a) of the section, the county councils of Montgomery County and Prince George's County may, in order to satisfy their separate guarantees of the obligations of the district under § 87-13, levy any tax which they are authorized to levy and use any available revenues or funds and may reduce the number of cents per $100 to be levied against assessable property as certified by the commission to take into account the use of the alternative funds.

  (c)   Nothing herein shall be deemed to be a limitation on the power of either the county council of Montgomery County or of Prince George's County to issue bonds or other obligations, in accordance with applicable provisions of law, for the purposes set forth in subsection (a) of this section or to satisfy their separate guarantees of the obligations of the district under § 87-13 or to levy taxes to discharge the obligations of any such bonds or other obligations.

**Sec. 87-15. Budgetary procedures.**

  The commission annually shall submit to the county councils and county executives of Montgomery County and Prince George's County a budget of its requirements for administrative expenses for the next ensuing year. There shall be included in the budget as an expense of the district, the Maryland share of the expenses of the Joint Commission to Consider Matters Relating to Passenger Carrier Facilities in the Washington Metropolitan Area, which joint commission has been empowered by joint resolution of the General Assembly of Maryland to negotiate an interstate compact between Maryland, Virginia and the District of Columbia dealing with transportation. The obligation of Montgomery and Prince George's Counties, after budget approval, to appropriate for the administrative budget of the commission shall be allocated equally between the counties. The budget shall be limited solely to the administrative expenses of the commission and shall not include any funds for construction or acquisition of transit facilities or performing of transit service. The respective governing bodies shall have the right to review and to approve in whole or in part the administrative budget of the commission, and the agreement of the governing bodies of both counties shall be necessary before the commission's administrative budget may be reduced.

**Sec. 87-16. Revenue anticipation certificates of indebtedness.**

  (a)   The commission may borrow during any fiscal year money on promissory notes, known as revenue anticipation certificates of indebtedness, to bear interest not exceeding 6% per year, signed by the chairman and the secretary or treasurer of the commission, as may be necessary to meet the liability of the district under the contracts or agreements provided for in § 87-12 and to provide funds for the administrative and other expenses and obligations of the district. The commission may reissue or renew its revenue anticipation certificates of indebtedness at the same or a greater rate of interest not exceeding 6% per year. Money borrowed within any fiscal year under this subsection shall be repaid during the next succeeding fiscal year from the proceeds of its tax and other revenues received by the commission during the next succeeding fiscal year. The notes shall be guaranteed as to payment of principal and interest by the county councils of Montgomery County and Prince George's County, which guarantee shall be endorsed on each of the notes. The guarantee shall be made by resolution of the county councils of Montgomery County and Prince George's County and shall be evidenced by the endorsement of the guarantee on each of the notes. The endorsement shall be signed on behalf of each county by the county executive or by any officer designated by the county executive. In the event of any liability under the above guarantee, the liability for each county shall be in the proportion agreed to in the allocations approved under § 87-12; except, any notes issued to provide funds for administrative expenses of the commission shall be borne by each of the counties upon the basis of population, as set forth in § 87-15.

  (b)   The notes authorized by this section, and the interest payable thereon, shall be and remain forever exempt from all state, county and municipal taxation in the State of Maryland.

**Sec. 87-17. Additional powers and duties of district.**

  Without in any manner limiting or restricting the general powers created by this subtitle, the district shall have power:

  (a)   To adopt and have a common seal and to alter the same at pleasure;

  (b)   To sue and be sued;

  (c)   To make rules and regulations for the conduct of its business;

  (d)   Subject to the provisions of subsection (a) of section 87-12 and subject to the review and approval in whole or in part by the respective governing bodies of the counties, to make and enter into all contracts or agreements as the commission may determine which are necessary or incidental to the performance of its duties and to the execution of the powers granted under this chapter;

  (e)   To accept loans and grants of money or materials or property at any time from the United States of America or the State of Maryland or any agency or instrumentality thereof;

  (f)   In the name of the district, and on its behalf, to acquire, hold and dispose of its contract or other revenues;

  (g)   To exercise any power usually possessed by private corporations, including the right to expend, solely from funds provided under the authority of this chapter, such funds as may be considered by the commission to be advisable or necessary in the performance of its duties and functions;

  (h)   To employ engineers, attorneys, other professional experts and consultants and general and clerical employees as are necessary, and to prescribe their powers and duties and fix their compensation. The commission may not establish any merit, retirement or pension systems, but the county councils of Montgomery County and Prince George's County may, subject to appropriate agreements with the commission, include employees of the district in the retirement or pension system of either county, as may be agreed upon;

  (i)   To do and perform any acts and things authorized by this chapter under, through, or by means of its own officers, agents and employees, or by contracts with any persons; and

  (j)   To execute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the district or to carry out the powers expressly given in this chapter.

**Sec. 87-18. Planning process and procedure.**

  (a)   In performing the duties imposed upon it by subsection (a) of section 87-11, the commission shall use its best efforts to assure that the mass transit plan adopted by the authority shall be coordinated with:

    (1)   Other plans and programs affecting transportation in the district, in order to achieve a balanced system of transportation utilizing each mode to its best advantage; and

    (2)   The general development plans for Montgomery and Prince George's counties and for all cities and towns located in such counties exercising planning powers.

  (b)   Coordination of planning shall be achieved, as follows:

    (1)   It shall be the duty and responsibility of each member of the commission to serve as the liaison between the commission, the county by which he was appointed and the cities and towns located therein and those members of the commission who are also members of the authority shall provide liaison between the commission and the authority to the end that the commission, the counties, cities and towns embraced within the district and such authority, shall be continuously, comprehensively, and mutually advised of plans, policies and actions requiring consideration in the planning for transit and in the development of planned transit facilities;

    (2)   Cooperate with and participate in any continuous, comprehensive, transportation planning process cooperatively established by the Maryland State Highway Administration and the counties and cities embraced within the district to meet the planning standards prescribed by the federal aid highway acts;

    (3)   To the extent not inconsistent with or in duplication of the planning process specified in paragraph (2) of this subsection, cooperate with the Maryland-National Capital Park and Planning Commission, Maryland State Planning Department, the National Capital Regional Planning Council, the Washington Metropolitan Council of Governments, the Washington Metropolitan Area Transit Commission and the Maryland State Highway Administration. Such cooperation shall include the creation, as necessary, of technical committees composed of personnel concerned with planning and collection and analysis of data relative to decision-making in the transportation planning process; and

  (c)   Any provision herein to the contrary notwithstanding, the commission shall comply with the provisions of chapter 85 of this Code with respect to the referral to the Maryland-National Capital Park and Planning Commission for the projects therein specified.

**Sec. 87-18A. Six-year programs.**

  Prior to October 1 of each calendar year, the commission shall prepare and submit to each county governing body a six-year capital improvements program. The capital improvements program shall include a statement of the objectives of the capital programs and relationship of these programs to the county's adopted long range development plans; shall recommend capital projects and a construction schedule; and shall provide an estimate of cost and a statement of all funding sources. The capital improvements program shall include all programmed land and major equipment acquisition, construction, and development.

  Each county governing body shall, on or before adoption of its annual budget and appropriations resolution, adopt the six-year capital improvements program. Such adoption shall occur only after public hearings thereon which may be conducted in conjunction with public hearings on their own and other agencies' six-year programs or capital budgets. In its adoption, the county governing body may make such amendments, revisions or modifications as it may determine. Any such amendment, revision or modification shall not become final until submission to the commission for written comment on at least thirty days' notice.

  The capital budget of the commission for the succeeding fiscal year shall include such projects so as to be in full conformity with that part of the capital program adopted for the first of the six-year program. No such capital project shall be undertaken, in whole or in part, which is not in conformity with that part of the program applicable to that year unless the same shall be amended by the county governing body on its own initiative or at the request of the commission and after public hearing upon reasonable notice to the public.

  Notwithstanding anything herein to the contrary, no action taken by any county governing body, and no failure of any county governing body to take any action, with respect to any capital improvements program or capital budget of the commission shall affect or impair any obligation for a commitment of the commission or any county arising out of any present or future contract or agreement between the commission, either of such counties and the Washington Metropolitan Area Transit Authority for financing the construction or operation of any transit facilities.

**Sec. 87-19. Records and reports.**

  (a)   The commission shall keep and preserve complete and accurate accounts and records of all monies received and disbursed by it and of all of its business and operations and of all property and funds owned or managed by it or under its control.

  (b)   On or before the first day of December in each year, the commission shall make an annual report of the activities of the district for the preceding fiscal year to the county councils and county executives of Montgomery County and Prince George's County. The report shall include a complete operating and financial statement covering the operations of the district during the year. The commission shall cause an audit to be made of the books and accounts of the district at least once in each year by certified public accountants. The cost of the audit shall be treated as an item of administrative expense.

**Sec. 87-20. Property, income, etc., of district exempt from taxation.**

  The exercise of the powers granted by this chapter is in all respects for the benefit of the people of the State of Maryland and of the district and is a public purpose and the district and the commission will be performing an essential governmental function in the exercise of the powers conferred by this chapter. Accordingly, the district shall not be required to pay taxes or assessments upon any property acquired by it or under its jurisdiction, control, possession or supervision or upon its activities or upon any revenues therefrom and the property and the income derived therefrom shall be exempt from all state, county and local taxation.

**Sec. 87-21. Enlargement of and withdrawal from district.**

  (a)   The geographical area embraced within the district may be enlarged to include any additional county, or part thereof, upon such terms and conditions, consistent with the provisions of this chapter, as may be agreed upon by the commission and such additional county and in conformance with the following procedures. The governing body of the county desiring to be included in the district shall adopt an ordinance or resolution, as may be appropriate, specifying the area of the county to be included and a statement that a contract or agreement between the county and the district, specifying the terms and conditions of admittance to the district has been executed. The ordinance or resolution to which shall be attached a certified copy of such contract shall be filed with the commission. Upon such filing, the district shall thereupon be enlarged to embrace the county or the portion thereof specified in the contract.

  (b)   A county may withdraw from the district by resolution or ordinance, as may be appropriate, adopted by majority vote of the governing body thereof. The withdrawal of any county shall not be effective until the resolution or ordinance of withdrawal is filed with the commission. The withdrawal from the district of any county shall not relieve such county from the obligation of any guarantee made by such county with respect to contracts, agreements, notes, certificate of indebtedness or other obligations of the district nor from the obligation to levy taxes and pay over to the district the proceeds therefrom for the purposes and in the manner set forth in section 87-14.

**Sec. 87-22. Commission and district not municipal corporations.**

  The term "municipal corporation" in article XI-E of the Constitution of Maryland, does not embrace or include the commission or the district. The commission and the district cannot be classified in any group of municipal corporations as required by said article XI-E and that article has no application to the commission or to the district.

**Sec. 87-23. Chapter to be liberally construed.**

  This chapter, by necessity for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof.